Court : Gujarat
Reported in : (1976)17GLR1017
..... transfer of high court judges was under discussion, saying that government of india has accepted it as a principle, that the high court judge should not be transferred except with his consent, and that this convention has worked well without fail; and till the date of the making of the speech all the transfers have been made not only with the consent of the transferees but also in consultation ..... to know the facts.this statement itself makes it clear that the law minister was affirming the unfettered power of the transfer of a judge from one high court to another and was referring to the convention only to refute the charge which was freely canvassed by persons who were possibly either ignorant of facts or did not like to know the facts, to the effect that they were trying to interfere ..... any person who has held the office of a judge of that court or of any other high court to sit and act as a judge of the high court for the state, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the president may by order determine and have all the jurisdiction, prowers and privileges of, but shall not otherwise be deemed to be, a judge of that high court provided that ..... ramanlal : [1975]3scr935 where it is in terms held that the conferment of power under section 437a(1) on the municipal commissioner as an administrative officer to take proceedings for eviction could not be struck down as unreasonable on the ground that he was a judge in .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1983Guj34; (1983)1GLR292
..... , it would be pertinent to mention that a similar provision contained in section 3 of the earlier act, namely the arbitration (protocol and convention) act of 1937 came up before the supreme court in the case of soeiete ..... the arbitration act, 1975 came into force on december 23, 1975 and must be treated as having retrospective effect, this act gives effect to the new york convention on the recognition and enforcement of foreign arbitral awards....given that the arbitration agreement' is not a domestic arbitration agreement, the court must accede to an application to stay the proceedings unless ..... refuse to exercise its discretion having regard to the nature of the claim as well of the defence and the overall balance of convenience which inter alia included the convenience of the witnesses who are within the jurisdiction of this court and the entire evidence of loss is in the records and proceedings at the port of bhavnagar and also having regard to the fact of acute hardship of foreign exchange which would not in ..... appearance was entered into on behalf of fourth defendants on august 29, 1975 and on behalf of the second defendants on november 27, 1975 notice of motion was taken out by the learned advocate of 1st and fourth defendants for stay of the suit and proceedings under section 3 of the foreign awards (recognition and enforcement) amendment act, 1973 (hereinafter referred to for the sake of brevity as foreign awards act) on the ground that there was an arbitral clause in the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1986Guj62; (1986)1GLR77
..... took the view that by analogy the provisions contained in section 4 of the arbitration (protocol and convention) act, 1937 that a foreign award shall, subject to the provisions of the said act, be enforceable in the province as if it were an award made on a matter referred to arbitration in the province would mean that the foreign award, when it is sought to be enforced, shall conform to all the procedure provided for in the indian arbitration act and laws of the country before it would become a decree ..... : -'court' means a civil court having jurisdiction to decide the questions forming the subject matter of the reference if the same had been the subject-matter of a suit, but does not, except for the purpose of arbitration proceedings under section 21, include a small cause court;'section 31(l) of the said act which refers to jurisdiction as regards filing of an award reads as follows:-'subject to the provisions of this act, an award may be filed in any court having jurisdiction in the matter to which the reference ..... patel to come forward with such a new case in this revision application when the pleadings do not disclose such a case so far as the jurisdictional aspect is concerned, but this being a pure question of law to be decided on interpretation of the provisions of the foreign awards act and particularly, section 5 of the said act, i have allowed him to make submissions in this regard and have fully heard the teamed counsel appearing in this revision application.5. .....
Tag this Judgment!Court : Gujarat
Reported in : (1974)ILLJ1Guj
..... , one to give some relief in respect of days on which a person is absent on account of injury received during the course of employment and to include in explanation 1(c) of section 79 of the factories act all days of earned leave enjoyed in the previous year.that appears to us to be more logical than including the leave earned in the previous year. ..... by this court in the earlier award, that the standing orders were framed for operatives in the year 1939 and these provisions were framed before leave provisions were made in the factories act; that as there was no leave provision, paid or unpaid, there was a constant fear amongst workers of losing employment since there was no guarantee of re-employment on return from leave and it was ..... amounts to about 13 per cent, the statements themselves reveal that about 4 to 5 per cent of this is on account of sickness; that separate provisions have now been made under the employees state insurance act for sickness and therefore the need of the worker is about 8 per cent or about 25 days; that of this the provision is already made by 5 days paid casual leave and about 14 or 15 ..... be better on this occasion that we increased earned leave on the lines of the convention of international labour conference rather than increase casual leave and reject the demand for greater ..... jurisdiction to modify the provisions of the indian factories act ..... have jurisdiction not only to grant more leave but to liberalise other conditions laid down in the factories act .....
Tag this Judgment!Court : Gujarat
Reported in : (1979)1GLR159
..... therefore, the considerations which may weigh with the court in granting injunction when the suit is not stayed either under section 3 of the arbitration (protocol and convention) act, 1937 or section 34 of the indian arbitration act, 1940, would not apply in the present case before me where the question assumes a different complexion because it would affect the very jurisdiction of the court to try such a suit which has been commenced without satisfying the condition precedent to the ..... the foreign company took out a notice of motion for an order staying the proceedings of the suit pursuant to section 3 of he arbitration (protocol and convention) act, 1937 and/or section 34 of the indian arbitration act, 1940 and/or section 151 of the civil procedure code 1908 and/or the inherent powers of the high court. ..... the learned district judge has, in confirming the order of the trial court, mis read and misinterpreted the provisions of section 3 of the arbitration (protocol & convention) act, 1937 in holding that the said section did require separate sub mission to arbitrator for its attraction by placing reliance on the decisions of the supreme court in v/o tractoroexports, moscow v. .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)3GLR2040; (2005)ILLJ400Guj
..... construction only then it would not be open to the courts to adopt any other hypothetical construction on the ground that such hypothetical construction is more consistent with the alleged object and policy of the act.the words used in the material provisions of the statute must be interpreted in their plain grammatical meaning and it is only when such words are capable of two constructions that the question of giving ..... to withhold the gratuity as a measure of penalty is obviously illegal and is devoid of jurisdiction,'however, from the aforesaid decision, it is clear that even the government cannot withhold the ..... he further submitted that in view of the serious irregularities involving moral turpitude, under clause (6) of section 4 of the payment of gratuity act, it is the right of the employer to forfeit the amount of gratuity, and therefore, both the authorities have committed error in allowing the application and rejecting the ..... in this country, as is the case in england, the treaty or international protocol or convention does not become effective or operative of its own force as in some of the continental countries unless domestic legislation has been ..... even where an act had been passed to give effect to the convention which was scheduled to it, the words employed in the act had to be interpreted in the well established sense ..... but, the treaty or the protocol or the convention becomes important if the meaning of the expressions used by the parliament is not clear and can be .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)2GLR1764
..... . 23.2.2000i, k.n.sharma, ips, police commissioner surat city suratin exercise of power vested in me, i hereby notify that, within the following notified areas and within the distance of 200 metres, in the jurisdiction of chowk bazar police station under surat city police commissionerate no person shall carry on prostitution, or shall indulge in prostitution, or knowingly permit the prostitutes for purpose of their trades to resort to or remain, in their places and or the ..... gaya reported in air 1960 bombay 289 rendered in the context of the provisions of section 3(1) of the suppression of immoral traffic in women and girls act, 1956 was cited for the proposition that the said act was passed in pursuance of the international convention signed at new york for the suppression of immoral traffic in women and girls and it was never intended that the women or girls used for such traffic should be liable to punishment when there was ..... . state of west bengal reported in (1975) 2 scc 829, which was rendered in the context of the provisions of sections 3(1), 7(2)(a), 10(2) and 18 of the act, was cited to point out that, section 18(1) applied to brothel within the vicious distance of 200 yards of specified types of public institutions and section 18(2) operated not merely in places within the offending distance of 200 yards but in all places where the activity of prostitution has been conducted .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)1GLR796
..... strength of men and women are not abused and citizens are not forced to enter avocations unsuited to their age or strength and to promote with special care the educational and economic interests of the weaker sections of the people and protect them from social injustice and all forms of exploitations.8.2 the most potent rejoinder against recognition of the degrading practice of prostitution, which undermines womanhood itself, comes from article 51a ..... it was not to render prostitution per se a criminal offence or to punish a woman merely because she prostitutes as clearly indicated in the definition of brothel which has been given in the act.38.2 section 2(a) 'brothel' includes any house, room or place which is used for purposes of sexual exploitation or abuse for the gain of another person or the mutual gain of two or more prostitutes.38.3 thus, where a single person practices prostitution ..... the fact that prostitution is a practice derogatory to the dignity of women is universally recognized and is clearly reflected from the 'convention for the suppression of the traffic in persons and of the exploitation of the prostitution of others', to which india was a signatory having signed it on 9-5-1950 and which was ratified on 9-5-1953. ..... he has stated that the grounds of detention reveal that the authority has alleged that the petitioner has committed an offence in the jurisdiction of mahidharpura police station being ii c.r. no. .....
Tag this Judgment!Court : Gujarat
Reported in : (1997)3GLR1984
..... order to recognise foreign awards and its enforceability, two enactments were in force : (i) foreign awards (recognition and enforcement) act, 1961 based on the convention for the recognition and enforcement of foreign arbitral awards executed at new york in the year 1958, and (ii) arbitration (protocol and convention) act, 1937, based on geneva convention making foreign arbitral awards binding to the signatory countries to that award. ..... (1) the arbitration (protocol and convention) act, 1937 (6 of 1937), the arbitration act, 1940 (10 of 1940) and the foreign awards (recognition and enforcement) act, 1961 (45 of 1961) are ..... arbitration (protocol and convention) act, 1937, the indian arbitration act, 1940 and the foreign awards (recognition and enforcement) act, 1961 are ..... additional sessions and assistant sessions judges appointed by high court are empowered to exercise jurisdiction of sessions judge and there would be no illegality if the powers of special judge appointed under section 14 of the atrocity act are exercised by the assistant or additional sessions judge. ..... the provisions of foreign awards (recognition and enforcement) act, 1961 and arbitration (protocol and convention) act, 1937 are almost identical. ..... *** *** *** (ix) to provide that, for purposes of enforcement of foreign awards, every arbitral award made in a country to which one of the two international conventions relating to foreign arbitral awards to which india is a party applies, will be treated as a foreign award. .....
Tag this Judgment!Court : Gujarat
Reported in : [1979]43STC338(Guj)
..... have been put to, which we have extracted as above from the order of the tribunal, and, more particularly, having regard to the fact that these tables have been fitted with steam pipes which act as instantaneous driers, the entire assembly of the tables, pipes, screen prints and the rolls is nothing else but a machinery and, consequently, therefore, the tables which have been used therein are ..... a short but interesting point arises in this reference made at the instance of the assessee under section 61(1) of the bombay sales tax act, 1959, as to what should be the correct meaning of the term 'machinery', its spare ..... assessed the aforesaid properties of the calcutta municipal corporation, which contended that the tank and its supporting structures are, within the meaning of the third proviso to section 101 of the bengal municipal act, 1884, machinery and, being so, the respondent was bound by the provisions of that section to exclude them from consideration in making the assessment of plot no. ..... allowed to escape through a hole or holes in its side into pies, the same force of gravity acted upon the water and pushed or drew it down into pipes, but this force of gravity acting on the unimprisoned water was neither generated, modified, directed nor applied by the tank. ..... arose whether a raised reservoir for storing water by erecting a solid steel tank with supporting structure is machinery within the meaning of the third proviso to section 101 of the bengal municipal act, 1884. .....
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