Court : Gujarat
Reported in : (1998)1GLR824
..... the c.b.i. had investigated and recommended that the evidence was not strong enough for successful prosecution of the appellant under section 5(1)(e) of the act. it had, however, recommended to take disciplinary action. no doubt, much time elapsed in taking necessary decisions at different levels. so, the delay by itself cannot ..... of india v. d.c. aggarwal & anr. (supra), the hon'ble supreme court held that the disciplinary authority, while imposing punishment, major or minor, cannot act on material which is neither supplied nor shown to the delinquent. imposition of punishment on an employee on material which is not only not supplied, but not disclosed ..... in public interest, vide dhirendra nath gorai v. sudhir chandra ghosh (air 1964 sc 1300). subba rao, j., speaking for the court, held:'where the court acts without inherent jurisdiction, a party affected cannot by waiver confer jurisdiction on it, which it has not. where such jurisdiction is not wanting, a directory provision can obviously .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)3GLR2056
..... should not worry about going to godhra.(m) at about 7-15 a.m., they reached the office of d.s.p., godhra. p.s.i. shri joshi went towards control room to bring the keys of l.c.b. office, while shri narendrasinh rana, informant ambalal rana and police constable dinesh got down of the jeep.(n) at that time ..... investigation at highest level and the chief of the army staff was directed to look personally into the matter. the responsibility was prima facie found to be traceable to act of criminal omissions or commissions on the pan of the concerned authorities and the wife of the deceased was found to be entitled to suitable compensation as well as special ..... the sub-divisional police officer mr. dave had helped them. on these allegations, a high level inquiry with regard . to the aforesaid incident was sought. it appears that the then acting chief justice, on the very same day, i.e., 24th january, 1996 recorded 'yes' to the part 'a' of the aforesaid submission made by the joint registrar that the .....
Tag this Judgment!Court : Gujarat
Reported in : [2008]147CompCas31(Guj); [2010]97SCL221(Guj)
..... it would be necessary to have recourse to the books of accounts and other documents of the company in liquidation, which are statutorily within the custody and control of the official liquidator. any permission as sought for, which may entitle the applicant to handle any litigation of the company will seriously prejudice the powers and ..... the property of the company in liquidation once the order of winding up is passed and will exercise the powers as enumerated under section 457 of the companies act, 1956. the official liquidator has not moved any application seeking any assistance of the applicant and, therefore, the applicant cannot be permitted to associate or ..... wants piece of his cake. the court further observed that after the company is wound up, it becomes a dead animal. jackals, vultures and scavengers start eating the flesh and bones of the dead animal. based on this observation, mr. mardia has submitted that similar negligence is observed in protection of the properties of the .....
Tag this Judgment!Court : Gujarat
Reported in : (1990)2GLR1103
..... power of the high court under art. 227 of the constitution or of the industrial court under section 85 of the bombay industrial relations act is of superintendence and not of control and there is no administrative subordination. there is only judicial superintendence over the tribunals in the state and there is lot of difference between ..... according to mr. m. c. bhatt, since the labour courts will have the powers of magistrate as per the provisions of the general clauses act, they will come under the administrative and judicial control of the high court as per section 11 of the criminal procedure code which reads as follows : '11.(1) in every district (not being a metropolitan ..... 'district judge' and 'judicial service' within the meaning of arts. 235 and 236 and they are not under the administrative control of the high court and, therefore, section 9 of the b.i.r. act is not violative of any constitutional provision in part iv of the constitution. it may be also be noted that these labour .....
Tag this Judgment!Court : Gujarat
Reported in : (1997)3GLR1891
..... company filed a writ application in the high court of nagpur attacking the order refusing the permit on the ground inter alia that the tribunal had acted on a police report which was produced at the time of hearing without giving the petitioner sufficient opportunity to meet it and had thereby violated the rules ..... departmental authorities and administrative tribunals must be careful in evaluating such material and should not glibly swallow what is strictly speaking not relevant under the indian evidence act. for this proposition, it is not necessary to cite decisions nor text books, although we have been taken through case law and other authorities by counsels ..... the supreme court has observed as under : 'it is well settled that in a domestic enquiry the strict and sophisticated rules of evidence under the indian evidence act may not apply. all materials which are logically probative for a prudent mind are permissible. there is no allergy to hearsay evidence provided it has reasonable nexus .....
Tag this Judgment!Court : Gujarat
Reported in : (1994)2GLR1279
..... any such 'general principles' there is nothing to indicate that the corporation has no power to make departure therefrom. therefore it cannot be said that the corporation has acted in excess of its powers. 10. in this connection reference may be made to a decision of the supreme court in the case of council of scientific and ..... departure from the general principles and lay down its own promotion policy. neither such general principles have been pointed out to us nor any such provision in the act has been pointed out which prohibits the municipal corporation from laying down the rules regarding grant of benefit of higher grade on completion of 10 years, 18 years ..... of service of certain number of years? can such decision of a corporation be suspended by state government in exercise of its powers under section 451 of the bpmc act? broadly these are the questions which have arisen for consideration in this petition. 2. petitioner no. 1 is a union of workmen employed by respondent no. 3, .....
Tag this Judgment!Court : Gujarat
Reported in : (1999)IILLJ1363Guj
..... in the case of person, who had already entered the service and have continued there for long for one reason or another, for some reason beyond their control and their claim to permanency can be considered in the light of statutory provisions made for the benefit of weaker section of society to combat against existing inequalities ..... casual the courts intervened to enthuse a vibrant life to the meaning of right to life and personal liberty by alleviating from mere right to survival or animal existence to be right to life be composed of all aspect which makes a man's life meaningful and worth living by giving expansive meaning to ..... the service notwithstanding existence of permanent nature of work amount to unfair labour practice and which need interference by the tribunal under the provisions of the industrial disputes act, therefore, the petition be dismissed. 6. having given anxious and thoughtful consideration to the contentions raised before me, i am of the opinion that the petition .....
Tag this Judgment!Court : Gujarat
Reported in : 1997ACJ74; AIR1996Guj176; (1996)2GLR746
..... the gujarat electricity board is not connected with this accident at all.10. even if the trolly belonged to the gujarat electricity board, the trolly was under full control of the contractor and the liability for damages arises only out of the negligence and the person who is negligent is the tort feasor and someone else can be ..... , the dependency benefit can be taken at rs. 700/- per month and rs. 8400/- per annum. she was aged about 35 years and was doing agriculture and animal husbandry work. applying the multiplier of 12,.the amount comes to rs. 1,08,000/-. this amount is the dependency amount for loss of expectancy of life. however, ..... of registration and the registering authority may satisfy itself that the particulars contained in the application are true and that the vehicle complies with the requirements of the act and rules made thereunder. section 61 provides that noperson shall drive a motor vehicle to which a trailer is attached unless the registration mark is displayed on .....
Tag this Judgment!Court : Gujarat
Reported in : (1994)2GLR1234; (1994)IILLJ1234Guj
..... the petitioner had already produced his evidence regarding disciplinary inquiry against the workmen in proceedings for approval under section 33(2)(b) of the industrial disputes act, and the tribunal had approved the termination orders, and so the labour court had no jurisdiction to call upon the employer to produce the same evidence ..... company ltd., kanpur v. the iron and steel mazdoor union, kanpur : (1956)illj227sc , the supreme court observed after examining the relevant provisions of the industrial disputes act and u. p. state industrial tribunal's standing orders, 1951, that : 'though these tribunals are not bound by all the technicalities of civil courts, they must ..... available documentary evidence the necessary conclusion drawn by the assistant settlement officer was well justified. the supreme court incidentally observed that 'the proceedings under the act in a civil court and the question of burden of proof does not arise. ' this judgment does not help the petitioner because he has .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)IIILLJ720Guj
..... involved financial repercussions, the matter was required to be referred to the central government so as to ensure that the interpretation of the management is not incorrect. this act of referring the matter to the central government for guidance on the question of applicability of regulation-26, can never be said to be uncalled for, much less ..... september, 1995, in exercise of the powers conferred by clause (f) of sub.section (2) of section 19 of the banking companies (acquisition and transfer of undertakings) act, 1970 (5 of 1970), by the board of directors of bank of baroda, after consultation with the reserve bank of india and with the previous sanction of the ..... basis of the draft/preliminary regulations, the bank could not have changed the clause relating to `addition to qualifying service' and in doing so, the bank has not acted bona fide. but then, he has not pressed this contention and has decided to press the contention that, `even under the final regulations, the petitioner no. 2 .....
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