Judgment Search Results Home > Cases Phrase: the madras inams act 1869 Court: gujarat Page 45 of about 448 results (0.108 seconds)

Regional Director, Employee State Insurance Corp. Vs. Bhavnagar Vegeta ...

Court : Gujarat

..... thus, in the aforesaid facts, the questions which are required to be considered by this court are i) whether washing allowance can be said to be 'wages' within the meaning of section 2(22) of the esi act or not and; ii) if the washing allowance is considered to be wages and is included in the monthly salary of the employee, and if it exceeds rs.1600/, whether the unit is exempted from making payment of contribution of such employees to the corporation. 10. ..... the case related to the payment of an exgratia reward styled as an 'inam' (a bounty) which was admittedly not claimed to be 'additional remuneration, if any, paid at intervals not exceeding two months' but claimed to be 'remuneration paid or payable to in cash to an employee if the terms of the contract of employment, express or implied was fulfilled' which the court found it was not. ..... high court of madras has in the case of regional director, (tamilnadu) employees state insurance corporation v. ..... it is further revealed that on one hand the corporation has submitted that washing allowance and medical allowance are covered within the definition of the term wages, however, on the other hand, if the said allowance are included in the monthly salary of the workman and the same exceeds rs.1600/, in spite of that, the corporation has insisted that the unit is required to pay the contribution for such an employee also. .....

Municipal Corporation of City of Ahmedabad Vs. Janakkumar G. Vyas

Court : Gujarat

Reported in : (2000)1GLR851

..... (1)(a) are read in conjunction with the latter part of the provisions of section 478 which stipulates specifically that if the person carrying out such work or doing such things is not the owner at the time of such notice, the owner at the time of giving such notice shall also be liable for carrying out the requisition of the commissioner, makes it clear that the action for demolition or removal can be taken by the corporation or municipal authorities exercising power under provisions of the said act against persons who had ..... ' from the law laid down by the supreme court in the decision quoted above, it becomes abundantly clear that the purpose of building regulations and their object is to regulate the building construction and it would have anomalous result if it is held that if a building is constructed illegally or in an unauthorised manner, action can only be taken against the person who is doing unauthorised act or illegal act, but after the construction of the building is passed over to others, the construction of the building enjoys immunity from any action in respect of the same. .....

State Vs. Koli Jeram Dua

Court : Gujarat

Reported in : 1955CriLJ1628

..... held that a medical man, conversant with the disease of insanity, who has never seen the prisoner before the trial but who is present at the whole trial, cannot in strictness be asked his opinion as to the state of the prisoner's mind at the time of the commission of the crime or his opinion whether the prisoner was conscious, at the time of doing the act, that he was acting contrary to law or whether he was labouring under a delusion at the time or whether by reason of any disease affecting the mind the aecus-id was incapable or prevented from ..... controlling his conduct.these are questions for the jury to decide and the questions .....

Taherbhai Hebtullabhai and anr. Vs. Ambalal Harilal Shah and anr.

Court : Gujarat

Reported in : (1966)7GLR981

..... act, 1947, the landlord can get possession under the following three cases: (1) that the premises are reasonably and bona fide required by the landlord for occupation by himself, or(2) that the premises are reasonably and bona fide required by the landlord for occupation by any person for whose benefit the premises are held, or(3) the premises are reasonably and bona fide required by the landlord, where the landlord is a trustee of a public charitable trust for occupation for the purpose of the trust.the ..... that by reason of the provisions of the interpretation act, 1889, section 1, the word 'landlord' in the opening sentence of para (h) includes the plural where there is more than one landlord; the question arose in the said case whether the landlords, when they were more than one in number, had to prove that the dwelling house was required for occupation as a residence for all of them or for only any one or more, because, in that case, it was only one of the landlords who desired ..... (c) a person who for the time being receives rent or is entitled to receive rent(i) as a trustee, or(ii) guardian, or(iii) a receiver for any other person, or(d) is a person who would so receive the rent or be entitled to receive the rent if the premises were let to a tenant.this shows that the legislature has given the widest possible amplitude to the expression 'landlord' to bring under the purview of the act all possible persons who would have to deal with tenants of immovable properties other than .....

Vaidya Harishankar Laxmiram Rajyaguru Vs. Pratapray Harishankar Rajyag ...

Court : Gujarat

Reported in : (1988)2GLR986

..... the trial judge rejected the objections filed beyond the period of limitation and for the reasons that (1) the notice is already given to the party concerned about the filing of the award, (2) the time for making an application is (sic 'to') set aside the award has expired and no such application is made, (3) the award is not set aside under section 30 and (4) that the award is not remitted under section 16(5) of the arbitration act. ..... the inherent jurisdiction may be vitiated, for example when the judge has not been legally or validly appointed as such or the judge, though validly appointed, is disqualified from trying any particular case for reasons of personal or peculiar interest therein or the judge acts outside the limitation imposed by the law upon his judicial authority, such limitations may be territorial or pecuniary or may refer to the subject-matter of the litigation or the nature of the litigation or the class or rank to which it belongs. ..... the trial judge observed in the course of his judgment that 'objection of whatever nature that the party may desire to take it must be taken within the period of 30 days after the knowledge of the party regarding filing of an award and further that there is no prescribed form as to in what manner and in what form the notice may be given to the parties and that party is called upon by institution of a suit, in that case also, it is sufficient requirement under the arbitration act'. .....

National Insurance Company Limited Vs. Koli Bhayabhai Rajsibhai and Ot ...

Court : Gujarat

..... we, find that in the above case, the division bench had no occasion to consider the effect of the notification dated june 2, 1986 and while dealing with the earlier notification of the year 1978, the bench made the above observation when the attention of the court was drawn to the fact that to some other earlier cases, the benefit of the said notification was given ..... after hearing the learned counsel appearing on behalf of the parties and after going through the materials on record, i find that the accident having occurred on november 3, 1985 while the effect of the insurance coverage having commenced from september 23, 1985 and being valid till september 22, 1986, having regard to the fact no additional premium for pillion passengers having been paid by the owner, according to the terms of the agreement as it stood, there was no scope of extending the benefit of insurance to the pillion ..... make this intention clear, insurers are requested to amend clause 1(a) of section ii of the standard private car policy by incorporating the following words after the words death of or bodily injury to any person appearing therein :- including occupants carried in the motor car provided that such occupants are not carried for hire or reward. ..... the said accident, no other motor vehicle within the meaning of motor vehicles act was ..... bombay/calcutta/delhi/madras regional committee general insurance corporation of india, technical department, ..... bombay/calcutta/delhi/madras "(emphasis supplied ..... madras .....

Hussainbeg Hayatbeg Mirza and Others Vs. State of Gujarat and Another

Court : Gujarat

..... any inflexible rules to regulate that jurisdiction, one thing, however, appears clear and it is that when the high court is could upon to exercise this jurisdiction to quash a proceeding at the stage of the magistrate taking cognizance of an offence the high court is guided by the allegations, whether those allegations, set out in the complaint or the charge-sheet do not in law constitute or spell-out any offence and that resort to criminal proceedings would, in the circumstances, amount to an abuse of the process of the court or not. ..... , while deciding a petition filed for quashing the fir or complaint or restraining the competent authority from investigating the allegations contained in the fir or complaint or for stalling the trial of the case, the high court should be extremely careful and circumspect ..... put, the applicants want that the court should, at threshold, terminate the investigation in connection with the aforesaid complaint, by exercising powers under section 482 of the act. 6. ..... it also appears from the record that on or around 21.02.2012, the complainant had submitted an application alleging commission of offence punishable under sections 406, 420, 467, 468, 471, 120(b) of indian penal code and sections 3, 7 and 10 of land grabbing act against present accused persons and had requested to initiate appropriate proceedings against the accused persons. 4.4 ..... , inherent powers do not confer arbitrary jurisdiction on the high court to act according to whims or caprice. .....

United India Insurance Co.Ltd. and Others Vs. V.M. Vasant

Court : Gujarat

..... , the competent authority may, while deciding the issue of suitability of the probationer to be confirmed, ignore the act(s) of misconduct and terminate his service without casting any aspersion or stigma which may adversely affect his future prospects, but, if the misconduct/misdemeanour constitutes the basis of the final decision taken by the competent authority to dispense with the service of the probationer albeit by a non-stigmatic order, the court can lift the veil and declare that in the garb of termination simpliciter, the employer has punished the employee for an act ..... holding preliminary inquiry, the acid test is whether the purpose of making preliminary inquiry was to assess overall performance and thereby to judge the suitability of the probationer/temporary employee for continuing him in service, or to investigate some acts of misconduct about which the allegations were levelled against him where the foundational facts were allegations or misconduct inquired and a decision taken keeping the employee in dark thereabout and behind his back, then the resultant action of terminating the services would assume .....