Court : Gujarat
Reported in : (1974)ILLJ1Guj
..... to their household duties and to fulfill social and moral obligations towards their families. 2. reliance was also placed on the provisions of the shops and establishments act and other acts and the award of the industrial court, maharashtra in the year 1963 in reference (ic) no. 130 of 1961 (reported in 1964 icr p. 124) ..... social composition of labour is undergoing a change. labour is not restricted to certain castes and communities. apart from the fact that caste and occupation have always inter-acted and the relation between the two has been 'elastic' in our society, social mobility today accounts for the emergence of a mixed industrial work force. while in ..... number of establishments in the state of maharashtra and a few establishments all over the country are already giving leave more than that provided for in the factories act. (5) rationalisation and technological progress effected in ahmedabad increases the need for leave and also the capacity to give it. (6) as observed by the .....
Tag this Judgment!Court : Gujarat
Reported in : 2001CriLJ4312
..... justice on the ground that this petition involves substantial question of law relating to the interpretation of section 3 of the muslim women (protection of rights on divorce) act, 1986, (hereinafter called 'the act' of 1986).4. i have heard the learned counsel of both the parties and perused the petition filed by the divorced wife - ..... counsel for the respondent vehemently opposes the said contention and submits that none should approach the court to re-write and statute, substituting the term 'for the life' for the term 'within iddat period'. according to the learned counsel for the respondent the petitioner being divorced wife is entitled to be paid the maintenance ..... mandate and having taken care of the practical requirement of the divorced wife, the parliament made the law requiring the husband to make provision and marriage act for her whole life but it should be paid within iddat period.10. being confronted, the learned senior counsel mr. m. kar bhowmik, for the respondent came forward .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)4GLR2902
..... delay action on the part of the near relations of girl who had been raped. let us not forget that every woman in this republic is under the protection of law and an offence committed on her cannot be treated with indifference notwithstanding any insulations or suggestions against her character. the delay by itself is no ..... that a thoughtless bail order has enabled the bailee to exploit the opportunity to inflict further crimes on the members of the society.(8) jeopardising his own life being faced with the grim prospect of possible conviction in the case.(9) the prospect of victim or his relatives indulging in private retribution who feel helpless ..... court cannot start with the presumption that the police records are untrustworthy. as a proposition of law the presumption should be the other way around. that official acts of the police have been regularly performed is a wise principle of presumption and recognised even by the legislature, when a police officer gives evidence in court that .....
Tag this Judgment!Court : Gujarat
Reported in : 1979(4)ELT258(Guj); (1976)1GLR452
..... because the relevant goods became excisable goods for the first time by the introduction of the relevant tariff item 14d and, therefore, under the provisional collection of taxes act, 1934. which was made applicable to the levy, all dyes derived from coal tar and coal tar derivatives manufactured after the mid-night of february 28, 1961 ..... excise, and these goods were made excisable goods by insertion of the relevant item 14d. their lordships in terms pointed out that the provisional collection of taxes act, 1931, was made applicable to that levy and all dyes derived from coal tar and coal tar derivatives manufactured after the mid-night of february 28,1961, ..... : 1978(2)elt328(sc) their lordships have elaborately considered the true interpretation of rule 9a in the light of the entire scheme of the central excise and salt act, 1944, along with the central excise rules, 1944. at page 1566, their lordships pointed out after referring to the definition of 'excisable goods', and the charging sec .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)1GLR187
..... dated 18th july, 1995. at that time the petitioner was also office bearer of gujarat vidyut technical karmachari mandal and was a protected workman. he, therefore, made an application/representation dated 7th august, 1995 making some grievances against his transfer. he was, therefore, ..... the constitution of india the right to live has been provided. by now it is well settled principle of law that life is good, decent life to the citizen together with all the basic amenities and facilities such as livelihood, food, shelter, etc. when by ..... with minor lapses and delinquencies, which reads as under :- clause 9-punishments : the following limits are prescribed for minor lapses delinquencies and acts of misconduct according to the gravity of each case :-____________________________________________________________________name of punishment appealableoffence non appealable____________________________________________________________________(1) minor lapses & (a) warning non-appealbledelinquencies .....
Tag this Judgment!Court : Gujarat
Reported in : 1995(79)ELT210(Guj); (1995)1GLR498
..... . 19(1)(g) of the constitution is also found without any merit in light of the facts and circumstances narrated hereinbefore. art. 19, prescribes provisions giving protection of certain freedom. it is true, under art. 19(1)(g), there is a freedom to practices in profession or to carry on occupation or business. however ..... illegal or unconstitutional as contended by the petitioners herein. it is also not contrary or inconsistent with the statutory provisions or and prohibition incorporated in '1944 act' and '1957 act'. the scheme of rule 9a fixing date for levy on the goods removed from the factory or warehouse has been in practice and existence since, ..... successfully, placed on record that there is a rational basis, logical approach and reasonable, classification having nexus with the object of the provisions of the '1944-act' and '1957-act'. therefore could not in respect of the impugned provisions is a [futile] attempt. and therefore it must end in smoke. the exercise of discretion under .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1988Guj141; (1988)1GLR452
..... in the matter and they ably rendered assistance.2. for deciding the aforesaid questions it would be necessary to refer to the preamble of the act which reads as under:'an act to protect the rights of muslim women who have been divorced by, or have obtained divorce from, their husbands and to provide for matters connected therewith ..... is over. on the contrary the parliament has emphasised that apart from the needs of the divorced woman, the magistrate should take into consideration the standard of life enjoyed by the divorced. woman during her marriage and the means of her former husband. this requirement also indicates that the magistrate is required to determine the ..... legislature for determining reasonable and fair provision and maintenance to be paid to the divorced woman i.e. the needs of the divorced woman, the standard of life enjoyed by her during her marriage and the means of her former husband. after taking into consideration all these facts he is required to determine the amount .....
Tag this Judgment!Court : Gujarat
Reported in : 2004ACJ1657
..... contract. (see chitty on contracts, 24th edition, para 3941 at page 707).34.5 the health insurance contract is related to the category of life contracts. a life contract would obviously include the natural process of dying and a health insurance contract would obviously include what may be inevitable illness, which perils would ..... regulation of rates, advantages, terms and conditions.17.1 the irda act of 1999 established the authority 'to protect the interests of holders of insurance policy'. under section 14(2)(b) of the act of 1999, the powers and functions of the authority include, 'protection of the interests of the policy - holders in matters concerning assigning ..... 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 lower middle class and .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)1GLR637; [2004]53SCL330(Guj)
..... corporation and the acquiring companies shall carry on general insurance business. the i.r.d.a. act, 1999 declares one of its objects 'to protect the interest of holders of insurance policies' and the powers of the authority include 'protection of the interests of the policy holders' in the matters concerning, inter alia, terms and ..... relevant principles. it must not be guided by irrational or irrelevant considerations....' in paragraph 46 of the judgment, the court held: '...in issuing a general life insurance policy of any type, public element is inherent in prescription of terms and conditions therein. the appellants or any person or authority in the field ..... 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 lower middle class and all .....
Tag this Judgment!Court : Gujarat
Reported in : [2004]138STC282(Guj)
..... such situation the court has to guard against the abuse of the court's process. the court has, therefore, not granted any interim relief, but to protect the interests of both the parties, the court has directed that the respondents who are levying octroi duty shall without further litigation for raising any dispute, refund ..... under the provisions of section 457(7) and (17) read with section 149(1) as well as section 466(1) of the baroda provincial municipal corporation act. mr. desai has further submitted that exemption certificate issued in favour of the petitioner pertains to the export oriented scheme framed by the ministry of industries, government of ..... the brief facts, giving rise to the present petition, are that the petitioner is a public limited company, duty registered and incorporated under the provisions of companies act, 1956 and is engaged in the business, inter alia, of manufacture of roller bearings and rerolling equipment and for the said purpose the company is having its .....
Tag this Judgment!