Court : Gujarat
Reported in : (2009)1GLR597
..... (b), unless the amount in dispute in the appeal is not less than three hundred rupees:provided further that no appeal shall lie in any case in which the parties have agreed to abide by the decision of the commissioner, or in which the order of the commissioner gives effect to an agreement come to by the parties:[provided further that no appeal by an employer under clause (a) shall lie unless the memorandum of appeal is accompanied by a certificate by the commissioner to the effect that the appellant has deposited with him the amount payable under the order appealed ..... but, where it is covered already by precedents or the law on that aspect is well settled, the mere difficult of applying the facts to that law cannot make it a substantial question of law.when we consider these two decisions, i am of opinion that the contention of the learned counsel appearing for the respondent that the appeal itself is not maintainable since there is no substantial question of law as required under section 30 of the workmen's compensation act is involve, is well founded and on that ground itself, the appeal is liable to be dismissed.29. ..... decision of kerala high court in oriental insurance co. ..... noorjahan : (2003)illj776mad (mad.). .....
Tag this Judgment!Court : Gujarat
Reported in : [2003]115CompCas136(Guj)
..... 1,860 per debentureii.theaforesaid amounts shall be paid by the company to the debenture holders along withinterest for the six month period from 8-8-2001to 7-2-2002 at the rate of interest which has accrued on the amount/sdeposited by the company in the 'no lien account' with bnp paribas pursuantto the court's order dated 12-7-2001.iii.the amount/s shall bepaid by the company to the debenture holdersby 28-2-2002.36. ..... now that the scheme of compromise and arrangement between the company and its debenture holders in 'e' and 'f' series is sanctioned, the court directs that the bnp paribas shall permit the company to withdraw the amount lying with it in the aforesaid 'no lien account' only for the purpose of payment to the company's debenture holders in 'e' and 'f' series and for no other purpose. 37. ..... accordingly, the scheme of compromise between the gujarat lease financing ltd. ..... (the company) and its debenture holders in series 'e' and 'f' at annexurc 'c' to the petition is sanctioned and the following directions are issued:-- i.the company shall payits debenture holders in 'e' and 'f' series the following maturity amounts ason 8-8-2001:-(a) cumulative debentures :rs. ..... rule is made absolute to the aforesaid extent with no order as to costs. ..... the petition is accordingly allowed in the aforesaid terms. .....
Tag this Judgment!Court : Gujarat
Reported in : 2003CriLJ4378
..... after having heard the learned advocate for the petitioner and the learned assistant government pleader, and considering the factual profile emerging from the record of the case, coupled with the design and object of the act, this court has no hesitation in arriving at a conclusion that the detention order impugned in this special civil application is not sustainable on the ground of non-application of mind to the vital facts before passing the questioned detention order. ..... by this petition, the petitioner - detenu has assailed the detention order passed on 18.9.2002 under the provisions of the gujarat prevention of anti-social activities act, 1985 (hereinafter referred to as 'the act'), by the commissioner of police, rajkot city, on the ground that the petitioner is a 'dangerous person' and that he is also a headstrong and anti-social and that his anti-social and criminal activities are directly or indirectly causing or likely to cause harm, danger and alarm of insecurity amongst the people at large or a section thereof and ..... challenge against the impugned order of detention is on various divergent grounds which are countenanced by the respondent-authority by filing an affidavit-in-reply dated 16th february, 2003.3. .....
Tag this Judgment!Court : Gujarat
Reported in : 2003CriLJ4747; (2003)4GLR449
..... the proposal with necessary papers and documents on 20.11.2002. ..... submit that i took over the charge as district supply officer in this particular district on 12.11.2002, and thereafter immediately i have perused the relevant file, relevant record and the report of the forensic science laboratory and after considering the record, i was of the opinion that this is a fit case in which i should forward the proposal to detaining authority for passing appropriate order under the provisions of the prevention of black marketing and maintenance of supplies of essential commodities act, 1980, and therefore, i sent ..... thereafter, the sample was sent for fsl report and, after receiving the report, the detention order is passed, which is dated 27.11.2003. .....
Tag this Judgment!Court : Gujarat
Reported in : 2003CriLJ3144
..... in view of the aforesaid aspect of the matter, in my view, it is not required to consider the question about delay in deciding the representation as the order is required to be set aside mainly on the ground of delay in passing the impugned order from the date of the occurrence of the incident in question. 9. ..... on that very day, the statement of the petitioner was also taken, and at the time of inspection, the petitioner has already admitted before the authority that he has illegally obtained the quantity of such kerosene and he had also admitted the fact that there is presence of blue colour in the aforesaid white kerosene. ..... this cannot justify the genuineness of satisfaction of the detaining authority about the immediate need for exercise of powers under pbm act for immediately preventing the petitioner from pursuing his activities. ..... if the grounds of detention are seen, the detaining authority has observed that the powers under section 3(2) of the pbm act are exercised in order to 'immediately prevent the petitioner from continuing his black marketing activities'. ..... by filing this petition, the petitioner-detenu has challenged his detention order, by which the petitioner is detained under section 3(2)(a) of the prevention of black-marketing and maintenance of supplies of essential commodities act, 1980. .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)3GLR1982
..... , quantity, mode of packing, marks, numbers or such other identifying particulars of the narcotic drugs or psychotropic substances or the packing in which they are packed, country of origin and other particulars as the officer referred to in sub-section (1) may consider relevant to the identify of the narcotic drugs or psychotropic substances in any proceedings under this act and make an application, to any magistrate for the purpose of:(a) certifying the correctness of the inventory so prepared; or(b) taking, in the presence of such magistrate, photographs of such drugs or substances and certifying ..... in cross-examination, he stated that the accounts of their office were maintained according to general finance rules and audit was being done by controller of accounts and internal audit inspection party and they had audited the accounts from 1-4-1999 to 31-3-2000. ..... 819 of 2000 - date of decision on 31st of march, 2003 and a decision of the hon'ble apex court in the matter of abdulrashid ibrahim mansuri v. ..... stale of kerala, reported in 2004 (4) scc 299; a decision of this court in the case of babubhai dalaji mali v. ..... state of kerala)2 : air 1980 sc 1314 : 1980 (3) scc 303 (state of rajasthan v. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2005Guj2; IV(2005)BC604; [2005]126CompCas701(Guj)
..... additional funds, if any, required shall be raised by the unit at appropriate time, on terms acceptance to corporation to meet the shortfall or over-run, if financing the cost of project or for working capital. ..... has already insisted loans by more than one communications for disbursement of amounts of loans sanctioned but for the reasons best known to the petitioner, the same was not availed by the petitioner and the petitioner has avoided, withdrawal of amounts of the loans sanctioned and insisted for getting extension of time. ..... to the peculiar facts and circumstances of this case and considering the material on record as well as the submissions made by the learned advocate for the parties, and for the reasons stated hereinabove, i am of the considered opinion that no estoppel has been created on the part of the respondent. ..... is averred by the learned advocate for the petitioner that the petitioner has to apply to various authorities for certificate of title clearance, registration certificate from the director of small scale industries, registration certificate of partnership firm, valuation report of the immovable property of the petitioner from the authorised valuer - civil engineer, permission of non-agriculture use of the land etc. ..... the present petition is filed under article 226 of the constitution of india, whereby the petitioner seeks to issue writ of this court for getting directions against gujarat state finance corporation (hereinafter referred to as ..... upto 31-3-2003. .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)4GLR470
..... crept in in the operating part of the impugned award passed by the tribunal as per the submission made by the learned advcoate ms.sangeeta pahwa and upon application moved for correction of said mistake, if the tribunal concerned has rectified such mistake, in such eventuality, the award in question requires to be read accordingly as per amendment and the effect of rejection of this writ petition is also equally applicable to the correction that might have been made by the tribunal in respect of the application submitted by the respondent workmen whereby the tribunal ..... needless to record that there is total unanimity of judicial precedents on the score that error must be that of law and patently on record committed by the interior tribunal so as to warrant intervention - it ought not to act as a court of appeal and there is no dissension or even a contra-note being sounded at any point of time till date. ..... if finances are short engagement of such daily wager workers could only be for a short limited period and if continuous work is required it could only do so by crating permanent post. ..... rajiv kumar, 2003 sc labour & service page 13. .....
Tag this Judgment!Court : Gujarat
Reported in : 2003CriLJ2604
..... it may also be appreciated that present petitioner is not available nor his whereabouts available from 6th january, 2003 and as stated by the mother of the petitioner before the police authority, he left the home and therefore, this non availability and absconding act on the part of the petitioner, prima facie, indicates involvement of the present petitioner in the offence, otherwise, there is no need for the petitioner to go out from his own house without informing even to his mother. ..... it is also necessary to note that said two accused were arrested by the investigating officer on 4th january, 2003 and as per the statement of the mother of the present petitioner, he left the house on 6th january, 2003 and the mother was not aware as to whereabouts of the present petitioner and where he has gone. ..... fake marksheet but they might have prepared and forged fake marksheets more than one in number and therefore, it can be doubted that some racket may be working for such illegal acts and if the investigation at this crucial stage is interfered with by grant of anticipatory bail in favour of the petitioner, it would certainly put the curtains before the entire racket may come to light and the real culprits may not be possible to bring to justice which ultimately damage .....
Tag this Judgment!Court : Gujarat
Reported in : 1986CriLJ82; (1985)2GLR974
..... economy and smuggling had remained unabetted in absence of any preventive measures promptly taken by the appropriate authority, it was considered by me highly necessary that despite delay, i should take prompt action to detain the petitioner looking to the facts and circumstances of this case as a preventive measure.it, therefore, cannot do to say that delay between the prejudicial acts complained of being july 1983 and the detaining authority taking up the proceedings in the third or fourth week of june 1984 was not present before ..... under the customs act have been initiated against you and prosecution proceedings under the customs act, 1962 are likely to be initiated against you, i am satisfied that you should be detained....what character those proceedings took, what reply the petitioner gave to those proceedings or what happened or could have happened in the criminal prosecution or in the long drawn out process of theirs is hardly a matter which directly or indirectly goes to influence the judgment of the detaining authority for the purpose of arriving at the decision ..... it was alleged that the detaining authority had not considered whether the ordinary criminal proceedings under the customs act would be sufficient or not in the given set of facts of the case of the petitioner; and that the detaining authority had not considered various aspects regarding the launching of the criminal prosecution. .....
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