Court : Gujarat
Reported in : (2003)4GLR1
..... , as such, has been acclaimed as a part of the right to life and for the development and protection of this concept, courts have taken utmost care to protect various aspects of personal liberty as part of protection of life. article 21 provides for everyone, right to life, liberty and security of person. article 21 of the constitution provides that ..... of non application of mind, and, therefore, without any material the so-called subjective satisfaction arrived at by the detaining authority under section 3 of the pasa act stands vitiated. the proposition of law, which is highlighted, is succinctly reinforced by decision of the hon'ble apex court in the case of amritlal and other ..... satisfaction for reaching the conclusion that there is a fit case for passing the detention order. in so far as the provisions of section 3 of the pasa act are concerned, there must be cogent material available with the officer passing the detention order to the effect that the detenu is likely to be enlarged on .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)4GLR970
..... , as such, has been acclaimed as a part of the right to life and for the development and protection of this concept, courts have taken utmost care to protect various aspects of personal liberty as part of protection of life. article 21 provides for everyone, right to life, liberty and security of person. article 21 of the constitution provides that ..... by the respondent no.2 authority in purported exercise of powers under subsection (2) of section 3 of the gujarat prevention of anti-social activities act, 1985 (for short pasa act') on the ground that the detention order is arbitrary, illegal, void ab-initio, suffering from vice of non-application of mind and also in ..... 21 and 22 of the constitution of india and in violation of the provisions of the pasa act. the detaining authority has considered the petitioner as dangerous person within the meaning of section 2(c) of the pasa act. according to the detaining authority, the activities of the petitioner are prejudicial to the maintenance of .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)2GLR1835
..... the effect of previous conviction, gravity of offence, whether offence can be said to be heinous or whether the punishment prescribed for the same is imprisonment for life and the quantum of punishment for the offence for which the accused is seeking bail, are all relevant factors. simultaneously, this court should also consider the ..... while releasing him on bail.5. the applicant was immediately arrested and was charge-sheeted for the offence punishable under section 25(1-aa) of the act which is exclusively triable by the court of sessions. but after hearing, the learned sessions judge while dealing with the discharge application preferred by the applicant- ..... the father of the applicant-accused late mr. marzban patel was carrying on business of arms and ammunition under different licences issued by the competent authority under the arms act. said firm was a proprietary firm and business was proprietary firm business. after the death of mr. marzban patel - sole proprietor - in the year 1993, .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)3GLR2409
..... clothing, housing, education, right to work, leisure, fair wages, decent working conditions, social security, right to physical or mental health, protection of their families as integral part of right to life. our constitution in the preamble and part iv reinforce them compendiously as socio-economic justice, a bedrock to an egalitarian social order. the ..... than the employee's trivial lapse which has often resulted in suspension. suspension notwithstanding, non-payment of subsistence allowance is an inhuman act which has an unpropitious effect on the life of an employee. when the employee is placed under suspension, he is demobilised and the salary is also paid to him at ..... along with the right of the management to place the employee under suspension pending disposal of the application under section 33(1) of the industrial disputes act. thus, the right of management to suspend and the right of the employee to receive subsistence allowance are intertwined and both must survive together.'in .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)4GLR554
..... (72) flr 479 = 1996 (2) lln 1] in para 22 and 24 at page 18; '22. the jurisprudence of personhood or philosophy of the right to life envisaged under article 21, enlarges its sweep to encompass human personality in its full blossom with invigorated health which is a wealth to the workman to earn his livelihood to ..... action for damages is a long drawn and a cumbersome judicial process. monetary compensation for redressal by the court finding the infringement of the indefeasible right to the life of the citizen is, therefore, useful and at times perhaps the only effective remedy to apply balm to the wounds of the family members of the deceased victim ..... as a corollary to that collective bargaining came into its own. the legislature had intended to protect workmen against victimization and exploitation by the employer and to ensure termination of industrial disputes in a peaceful manner. the object of the act, therefore, is to give succor to weaker sections of the society which is a pre-requisite .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)181CTR(Guj)134
..... that the unsuspecting people there will be directly exposed to the hazardous substance; fully aware, too, that the authorities there do not meet their obligations to protect their citizens, be it out of negligence or incapacity (see 'ships for scrap steel and toxic wastes for asia. the health and environment hazards in ..... followed in breaching method are :n ballast water, fuel oil and lubricants that can be pumped out are removed.n super-structure items like cabins, furnitures, life boats, loose cables, firefighting equipments, ladders, window panes and frames, doors, fittings, etc., are dismantled.n stores and movable gears including electrical navigation equipments ..... in holding that the usance interest partook the character of purchase price and, therefore, not liable to deduction at source under section 195(i) of the act.(4) usance interest is 'interest' within the meaning of the article concerning taxation of interest in the relevant double taxation avoidance agreements. the tribunal was, .....
Tag this Judgment!Court : Gujarat
Reported in : [2003]261ITR113(Guj)
..... aware that the unsuspecting people there will be directly exposed to the hazardous substance; fully aware, too, that the authorities there do not meet their obligations to protect their citizens, be it out of negligence or incapacity. (see 'ships for scrap steel and toxic wastes for asia. the health and environment hazards in ..... activities generally followed in beaching method are : * ballast water, fuel oil and lubricants that can be pumped out are removed. * super structure items like cabins, furnitures, life boats, loose cables, firefighting equipments, ladders, window panes and frames, doors, fittings, etc., are dismantled. * stores and movable gears including electrical navigation equipments nylon and steel ..... was not so deducted, then calling upon them to show as to why the provision of section 40(a)(i) of the income-tax act, 1961 ('the act' for short), should not be invoked in the assessee's case and why the entire interest paid outside india should not be disallowed in the .....
Tag this Judgment!Court : Gujarat
Reported in : 181(2003)CLT134
..... aware that the unsuspecting people there will be directly exposed to the hazardous substance; fully aware, too, that the authorities there do not meet their obligations to protect their citizens, be it out of negligence or incapacity [see 'ships for scrap steel and toxic wastes for asia. the health & environment hazards in recipient ..... activities generally followed in breaching method are : . ballast water, fuel oil and lubricants that can be pumped out are removed.. super-structure items like cabins, furnitures, life boats, loose cables, firefighting equipments, ladders, window panes and frames, doors, fittings, etc., are dismantled.. stores and movable gears including electrical navigation equipments nylon and steel ..... and if it was not so deducted, then calling upon them to show as to why the provision of section 40(a)(i) of the it act, 1961 ('the act' for short), should not be invoked in the assessee's case and why the entire interest paid outside india should not be disallowed in the .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)4GLR325
..... by the labour court on the ground that the petitioner has not approached the employer as required under section 42(4) of the bombay industrial relations act ('bir act for short), before filing the said application and also on the ground that the application was barred by limitation. the said order was passed by the ..... express, explicit and mandatory. it is plain from the definition of 'workman' in section 2(s) of the industrial disputes act that the dismissed workmen are workmen within the meaning of section 17 of the ..... sick textile undertakings (nationalisation) act, 1974. the hon'ble supreme court has observed in this case as under :'section 17 is a special provision relating to workmen and their continuance in service notwithstanding the transfer from private ownership to the central government or government company. this is a statutory protection for the workmen and is .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)2GLR1281
..... , housing, education, right to work, leisure, fair wages, decent working conditions, social scrutiny, right to physical or mental health, protection of their families as integral part of right to life. our constitution in the preamble and part iv reinforce them compendiously as socio-economic justice, a bedrock to an egalitarian social order. ..... a gainful employment or remuneration from any establishment. therefore, such income has to be excluded from the purview of section 17b of the industrial disputes act, 1947. something which is earned by the workman for his survival during the pendency of the proceedings cannot be taken into consideration while considering an ..... application under section 17b of the act. while considering such an application, miserable condition of the workman concerned who has been dismissed from service before years together has to be taken into .....
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