Court : Gujarat
Reported in : (2004)1GLR116
..... the documents annexure f and g seems to be the office orders issued by the then secretary of the board; that the conditions of service are being provided by the statutory rules after following the procedure laid down and after getting ultimate sanction from the government; that even if a resolution is passed, it cannot be enforced unless there is statutory amendment made and duly sanctioned by the state government in accordance with the provisions of the act. ..... back ground, according to the petitioners, the board has to pay such benefits as per the provisions of law and whatever liability that arises or accrues for the purpose of giving effect of 5th pay commission or for paying pension then, in that case, when the government is financing to the board, it is the duty of the board to see that the proper provisions are made in the budget and claimed from the government but the board has no authority whatsoever to evade the liability on the ground that there is ..... the board by the state government and it has been clarified by the state government that while implementing the 5thpay commission report for revising the pay scale in respect of the employees of the board with effect from 1.1.1996, whatever expenses in respect of the amount of arrears are required to be paid by the board and for that, the board is required to make necessary provisions in the budget and is required to submit necessary proposal in the state government while making provisions in the budget and accordingly, the .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)3GLR502
..... 147) and of the supreme court in appeal there from [ air 1952 sc 196], in the context of the criminal law amendment act, also do not help the petitioners in any manner. ..... ......it was urged on behalf of the petitioners that the entire guideline is vague and imprecise, inasmuch as there is absolutely no standard for determining as to what is in the interest of co-operative movement, or for that matter public interest or how the purpose of securing proper management can be best achieved. ..... a right to form an association guaranteed under article 19(1)(c) does not imply the fulfillment of every object of an association as it would be contradictory to the scheme underlying the text and the frame of several fundamental rights guaranteed by part iii and particularly by the scheme of the guarantees conferred by sub-clauses (a) to (g) of clause (1) of article 19. ..... the state authorities appear to have consistently followed the practice of disclosing the names of the proposed nominees and detailed guidelines, the latest being by resolution dated 8.4.2004, which were placed on record, are being followed to determine the eligibility of the proposed nominees as stated by the learned advocate general. ..... the whole chapter v of the act is devoted to 'state aid to societies'. ..... uk, [(1996) echr 329] was as under:'the differential treatment must not only pursue a legitimate aim. .....
Tag this Judgment!Court : Gujarat
Reported in : 2005(1)ALD(Cri)3; I(2005)BC471; 2004CriLJ3628; (2005)1GLR638
..... that dishonour, therefore, implies insufficiency of funds'.referring to sections 5 and 6 of the negotiable instruments act for the purposes of stressing that every cheque is bill of exchange and that every bill of exchange is an 'unconditional order' to pay the amount stated therein, the bench observed as follows:-'reading these provisions with statement of objects and reasons of the banking public financial institutions and negotiable instruments law (amendment) act, 1988 (66 of 1988) whereby chapter 17 comprising of sections 138 to 142 were inserted with effect from ..... the act was amended by the banking, public financial institutions and negotiable instruments laws (amendment) act, 1988 wherein a new chapter xvii was incorporated for penalties in case of dishonour of cheque due to insufficiency of fund in the account of the drawer of the cheque. ..... (iii) notwithstanding the reply given by the accused, the complainant has filed the impugned complaint in the court of learned judicial magistrate, first class, ahmedabad (rural) for commission of the alleged offence punishable under section 138 of the act and the learned magistrate has issued summons against the accused.3. ..... in that connection the accused was asked to issue blank cheques for the purpose of surety and security. ..... ) on 19.3.2004 and this court on that day issued notice making it returnable on 2.4.2004.5. ..... adineo, reported in 1996 cr.l.j. .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)2CompLJ93(Guj); (2005)3GLR2734; [2006]67SCL404(Guj)
..... , looking the facts and circumstances of the case and the documents on record and the judicial pronouncements which are referred hereinafter, i see no reason to entertain the petitions and to interfere the scheme, 2004 and the method of calculation followed by sebi of registration fees payable by stock-brokers under section 12 of the act, 1992 to be read with regulation 10 of the regulations, 1992, as the same is true, correct and legal, in consonance with the act, 1992 and the regulations, 1992, especially for the following facts and reasons:(i) the securities and exchange ..... of transactions in government securities, the bonds issued by any public sector undertaking and the units traded in a similar manner, the fee payable shall be computed at the rate of one thousandth of one percent of the turnover; (iii) in case of carry forward, renewal or badla transactions the fees shall be computed at the rate of one hundredth of one percent of the turnover and the reverse off setting transactions shall not be counted as part of the turnover;(iv) if brokers are carrying out transactions in securities without reporting them to the stock exchange, those ..... established, the court must presume that the said amendment was found by the central government to be necessary for giving effect to is policy (underlying the notification) on the basis of the working of the said notification and that such an amendment was found necessary to prevent persons from taking unfair advantage of the concession. .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)2GLR1142
..... recruitment of ordinary home guards under the bombay home guards act, 1947 and the rules framed thereunder.26.1 the petitioners are concerned with national security as they are a paramilitary force whereas the ordinary home guards are concerned with law and order. ..... (2004) 1 glh 656 relevant paras 24, 30, 31 on page 667 and also paras 36 to 47.10.9 the petitioners who are border wing home guards are governed by the bombay home guards act, 1947, and the bombay home guard rules, 1953 and are entitled to whatever is given to them under the act and the rules and the petitioners cannot claim any relief or benefit which goes beyond the statutory framework of the bombay home guards act, 1947 and the ..... state of gujarat)||deputy commandant general(for whole state of gujarat)||--------------------------------------------------------| | | |battalion-i battalion-ii battalion-iii battalion-iv(battalion (battalion (battalion (battalioncommandant) commandant) commandant) commandant)||--------------------------------------------------------| | | || | | |(2-in command) (2-in command) (2-in command)(2-in command||---------------------------------------------------------| | | || | | |6 companies 6 companies 6 companies 6 companies(a+b+c+d+e+f) (a+b+c+d+e+f) (a+b+c+d+e+f) (a+b+c+d+e+f)10.3 to simplify the aforesaid chart, the hierarchy starts with the commandant general, home guards (for the whole of the state of gujarat in respect of urban home guards, rural home guards and border wing home guards) .....
Tag this Judgment!Court : Gujarat
Reported in : IV(2006)ACC432; 2006ACJ1941; (2006)1GLR637
..... the death of a person shall be caused by the wrongful act, neglect or default and the act is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, the party who would have been liable if death had not ensued, shall be liable to an action or suit for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law ..... be suffered in future, (ii) loss of amenities of life which may include inability to walk, run or sit, (iii) damages for the loss of expectancy of life on account of injury, as on account of injury, the normal longevity of the person concerned is shortened, (iv) damages for inconvenience, discomfort, disappointment, frustration and mental stress etc. ..... grant it irrespective of claim made by the victim of accident, on the available evidence or allow amendment to be made and opportunity to lead ..... the purpose of adjudicating upon claims for compensation in respect of accidents, involving the death of, or bodily injury, to persons arising out of the use of motor vehicles, or damages to any property of third party so arising, or both, under section 165, chapter xii, motor vehicles act, 1988 (hereinafter referred to as 'the act ..... post retirement assignments, security service being one ..... of new india assurance company limited as respondent, to maintain the appeal, vide court order dated 28.1.2004 in first appeal no. ..... 1996 .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)1GLR637; [2004]53SCL330(Guj)
..... 18 by the amendment act, 2002, with effect from 7th august, 2002, it was provided that all the functions specified in sub-section (1) of section 18, on and from the date of commencement of the said amendment act, 2002, shall be performed by the central government.14.2 under section 24(1) of the act of 1972, except to the extent expressly provided in this act, on and from the appointed day, the g.i.c. ..... the prospectus of the mediclaim insurance policy that: (i) the cover for the diseases which are not excluded from the first year of the cover would continue even in the renewal years if the renewal premium was paid in time; (ii) even if the insured contracts any disease which is not excluded from the existing cover, it will be continued to be covered in the subsequent year, if the renewal premium is paid in time; (iii) the disease covered under the policy will not be excluded during the continuance of the cover.a fortiori, the ..... paragraph 18 of the judgment, it was held that: 'it would, thus, be well settled law that the preamble chapter of fundamental rights and directive principles accord right to livelihood as a meaningful 'life', social security and disablement benefits are integral schemes of socio-economic justice to the people in particular to the middle class and ..... of 1996, by its judgment and order dated 21st november, 2000, dealing with a prayer where mediclaim insurance cover was sought for epilepsy held that such a course was not discriminatory and relied upon the decision .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)2GLR1545
..... some of the judicial pronouncements of the apex court concerning the rights of the prisoners and duties of the officers charged with the function of managing the prison and none of the actions was violative of any of the provisions, but on the contrary, they are in conformity with the law laid down by the hon'ble ..... the usual practice, to obstruct the entry of motor vehicles carrying the presiding judge of the court trying the cases of under-trials whose movements have been restricted because of the orders passed under section 268 of the criminal procedure code and which was followed by the administration was also an act that can be said to be a decision involving a policy matter because till the date the new system was attempted to be introduced, such vehicles were taken inside the ..... affidavits, the petitioners moved a draft amendment on 16th december, 2003 and as the said amendment is allowed, an additional paragraph is inserted in the relief clause whereby the petitioners have prayed for setting aside the order ..... from the 'anda cell' of the high security yard and to visit the area earmarked for the under-trial ..... permitted to have any access to any part of the jail and timings of meeting were fixed strictly and in conformity with chapter xxii of the title 'routine' under the bombay jail manual. ..... were posted between the year 1996 and 2000, but the same are raised ..... 2 & 3.on 18th november, 2004 the office of the hon'ble chief justice of this court received a telegram sent through ..... iii .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)2GLR1298
..... institutions and negotiable instruments laws amendment act, 1988, more particularly, the objectives mentioned there in chapter 17 of the penalties in the case of dishonour of certain cheques for insufficiency of fund in the account is inserted by the amendment act of 1988 and out of 12 objectives, one of the objectives is that, 'to enhance the acceptability of cheques in settlement of liabilities by making the drawer liable for penalties in the case of bouncing of cheques due to insufficiency of fund in accounts or for the reasons i.e. ..... the period of its validity, whichever is earlier;(iii) that cheque is returned by the bank unpaid, either because the amount of money standing to the credit of the account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with the bank;(iv) the payee or the holder in due course of the cheque makes a demand for the payment of the said amount of money by giving a notice in writing, to the drawer of the cheque, within 15 days of the receipt of information by him from the bank regarding the return of the cheque as unpaid;(v) the ..... , the court ordered for issuance of notice for final disposal and the same was made returnable on 4th april, 2004 and as the learned counsel appearing for the parties have agreed to hear both these revision applications finally, the court issued rule and the same has been waived by the otherside; and as the learned counsel appearing for the parties .....
Tag this Judgment!Court : Gujarat
Reported in : 2006CriLJ726
..... the criminal law (second) amendment act, 1983 with effect from 26-12-1983 to meet a social demand to resolve difficulty of proof where helpless married women were eliminated by being forced to commit suicide by the husband or in-laws and incriminating evidence was usually available within the four corners of the matrimonial home and hence was not available to anyone outside the occupants of the ..... the backdrop of the interpretation of the various relevant provisions of the code under chapter xiv and of the principles of law enunciated by this court in a series of decisions relating to the exercise of the extraordinary power under article 226 or the inherent powers under section 482 of the code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any court or otherwise to secure the ..... 2004 of sabarmati police station, ahemdabad by showing the occurrence of the incidents of two years before on 26.10.2004 and from 23.10.2004 to 27.10.2004, for the offences under section 306, 114 of ipc read with section 3, 1, 6,8, 10 of the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989 (hereinafter referred to as the atrocities act for short) and the complainant is the brother of the ..... (i) the woman has committed suicide, (ii) such suicide has been committed within a period of seven years from the date of her marriage, (iii) the husband .....
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