Court : Gujarat
Reported in : (2006)2GLR1213
..... 1947 (hereinafter referred to as the i.d.act), especially when the respondent plaintiff is a workman within the meaning of section 2(f) of the the working journalist & other newspaper employees (condition of service) and miscellaneous provisions act, 1955 (hereinafter referred to as the act for short). the relevant provisions of the act on which ..... him, functions mainly of a managerial nature;section 2(c) of the act reads as under:-2(c) newspaper employee means any working journalist, and includes any other person employed to do any work in or in relation to any newspaper establishment.section 3(1) of the act reads as under:-3(1) the provisions of the ..... but it emerges from record that he was not simply a correspondent but was also discharging many other duties being a main person in the state h.q. at gandhinagar. the definition of working journalist covers large categories of the persons working with a newspaper and the plaintiff does not fall in the category of exceptions made in clause .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)1GLR346
..... intruders from pakistan and were going to meet maheru bhil who was residing on the outskirts of jaru village. saying that from there both had some work at the place of ghulam hussain mutva at sarada village, they had left his place. the tracking was halted at night.3.7. as per ..... to f.s.l. for necessary analysis. during the course of investigation, the accused shahnawaz, a pakistani citizen, who had brought along with him explosive and other destructive equipments was interrogated and during the course of the interrogation, shahnawaz expressed willingness to show the said articles. the investigating officer, d. r. agravat, therefore ..... exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.explanation 3 : comments expressing disapprobation of the administrative or other action of the government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.26.1. to prove .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)1GLR124
..... . pahwa submitted that development commissioner has not delegated the powers to the officers who has been employed under him. the assistant commissioner of labour working under the state government is not an officer employed under him.11. learned advocate mrs. pahwa also submitted that the powers of the labour ..... requires justice to be administered among the citizens. administration of justice is possible as per the existing system only through civil and criminal courts, other tribunals and other established forums for adjudication of disputes. thus, so long as the present system of administration of justice continues, an efficient bar is the ..... the powers in respect to labour law is given to development commissioner in respect to fix/establishment covered by special economic zone. the pending dispute and other pending questions ('tumar') shall have to be given to development commissioner as ordered by state government. therefore, as per the aforesaid notification, assistant commissioner .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)2GLR1615
..... may from time to time be prescribed. state government has not framed any rules prescribing mode of recruitment, qualification or other conditions of service, therefore, it is for managing committee of each cooperative society to make recruitment of staff considering exigencies of work. accordingly, managing committee of respondent no. 2 society made recruitment of petitioners after following procedure of holding interview etc ..... head of the cooperative societies. co-operative societies are, no doubt, a creation of the statute just like any other joint stock company. registrar is given certain powers of general supervision over the societies and he has power to hold inquiry into the constitution, working and financial condition of the society but these powers can only be exercised in cases where entire .....
Tag this Judgment!Court : Gujarat
Reported in : [2006]132CompCas606(Guj); [2006]71SCL274(Guj)
..... debts under clause [c] of the proviso to sub-section (1) of section 529 pari passu with such dues, shall have priority over all other debts. once the workmen's portion is worked out in terms of proviso [c] of sub-section (1) of section 529, indisputably the claims of the workmen as also the secured creditors ..... the respondents, namely, the association of natural gas consuming industries of gujarat, m/s. jayant paper mills ltd., m/s. alembic glass industries ltd., m/s. alembic chemicals works company ltd., shri dinesh mills limited, m/s. sarabhai common services, m/s. new india industries limited, punjab steel rolling mills private ltd., chandan metal products ltd., and ..... of other creditors even when a decree is passed by the court. the said statement of law coupled with the direction of the supreme court itself that the claims of ongc will have to be worked out in accordance with sections 529 and 529a of the act, which contemplate claims of both secured and unsecured creditors, establish .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)2GLR1230
..... the provisions of the act would be workable. we feel the objections pointed out are not such which render the statute invalid or unconstitutional. such problems about working of any particular provision of the act in any particular factual situation, may be considered as and when it may arise. we, therefore, do not ..... liquidity is essential failing which there is a blockade of large sums of amounts creating circumstances which retard the economic progress followed by a large number of other consequential ill-effects. considering all these circumstances, the recovery of debts due to banks and financial institutions act was enacted in 1993 but as the figures ..... ' means right, title and interest of any kind whatsoever upon property, created in favour of any secured creditor and includes any mortgage, charge, hypothecation, assignment other than those specified in section 31; section 13 of the act of 2002 provides for enforcement of security interest. section 13 insofar as is relevant for the .....
Tag this Judgment!Court : Gujarat
Reported in : IV(2006)ACC345; 2006ACJ2019; AIR2006Guj120; (2006)2GLR1257
..... section 140 is the basic theme of this beneficial piece of legislation. but, where claimant has filed application under section 140, but not under any other provision claiming compensation on fault liability principle, application is maintainable and compensation awardable, but not recoverable from the claimant. the insurance company is not ..... longer do not get settled, because the insurance companies refuse to pay any interest on the amount of compensation which may be worked out by mutual consent as reasonable compensations. since this works out to as much as 90% of the compensation or even 150% of the compensation (12% rate of interest x ..... of compensation under section 168 on principle of fault liability, which means determination of compensation under section 163a and section 168 are independent of each other and compensation determined under either of them is final, meaning thereby, claimant cannot resort to fault liability compensation after having got compensation under either of .....
Tag this Judgment!Court : Gujarat
Reported in : IV(2006)ACC225; 2008ACJ104
..... private hospital as an indoor patient. at the time of accident, he was earning more than rs. 1,500/- per month from labour work. he was subjected to operation for legs and treatment of other injuries, due to which, he suffered serious pains. during treatment, he had to take medicines and special diet. he had to spend ..... on transportation and attendant. after discharge from hospital, he had to take rest for long time. because of injuries, he could not do labour work, therefore lost income. ..... without requiring the victim to establish death or permanent disability due to any wrongful act, neglect or default or the owner of the vehicle concerned or of any other person. compensation awarded under this provision is being awarded under no fault liability, therefore final, claimable by the insurer from the insured. however, where claim under .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1970Guj218; 1970CriLJ1359; (1970)0GLR868
..... of his ability to obtain intelligence concerning the commission of cognisable offences or designs to commit such offences, and to lay such information and to take such other steps, consistent with law and with the orders of his superiors as shall be best calculated to bring offenders to justice or to prevent the commission of ..... to writing or any part thereof recorded by a police officer in the course of an investigation under this chapter shall not be used for any purpose other than for contradicting the witness as contemplated in the proviso thereto. it follows therefrom that if the statement in question before the court is found to be ..... of ahmedabad. the premises of the stores were raided on 13-10-1962 by mr. ishverlal chotubhai desai, the superintendent prohibition and excise, with the assistance of other officers and on a search carried out, various articles were seized. some of those articles were in the nature of bottles containing eau-de-cologne, tincture hemidesni, kawath .....
Tag this Judgment!Court : Gujarat
Reported in : 2007CriLJ273
..... the expression 'final order' has been used in contradistinction to what is known as 'interlocutory order' and the essential test to distinguish the one from the other has been discussed and formulated in several cases decided by the judicial committee. all the relevant authorities bearing on the question have been reviewed by this court ..... at all. this would be the result if the term interlocutory order is interpreted in its natural and logical sense without having resort to criminal procedure code, or any other statute. that is to say, if we construe interlocutory order in ordinary parlance it would indicate the attributes, mentioned above, and this is what the term ..... the conclusion is inescapable that an order which does not terminate the proceedings or finally decides the rights of the parties is only an interlocutory order. in other words, in ordinary sense of the term, an interlocutory order is one which only decides a particular aspect or a particular issue or a particular matter in .....
Tag this Judgment!