Court : Gujarat
Reported in : [1993]202ITR869(Guj)
..... part in the conduct of the business of the firm, and observed that inasmuch as a partner is bound to attend to his partnership business without anticipating any commission or other remuneration, any contract providing for the payment of commission or other remuneration may have as its object the diverting of the firm's income into the hands of the partners. ..... judgment, held that a person may be a partner in a firm and yet be appointed as an authorised controller under the essential supplies (temporary powers) act and his acts of commission of omission, while acting as an authorised controller or a member of the board of management, would not bind the other persons because he does not act as their agent in that ..... business without anticipating payment of salary, bonus, commission of remuneration as quid pro quo for his services and wherever a partner is under a legal obligation to provide capital for the business without anticipating any interest on the capital, except the return in respect of capital by way of his share in the firm's profits, the amounts paid to him by way of salary, bonus, commission or other ..... then, it appears that the state of the law on the subject was far from satisfactory because the decision in each particular case in respect of payments made by way of interest, salary, commission or remuneration by a firm to a partner turned upon determining as a fact whether the payment was to a partner as a partner or in a different character and whether the payment was .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)2GLR952
..... recommending measures for improving the quality of response in such situation, the central government could as well have called upon the the state government to request justice nanavati commission to submit an interim report with regard to the facts, circumstances and course of the events of the incidents that resulted into fire in some coaches of the ..... as well as the subsequent incidents in the state (and there is not even a whisper that the godhra incident is not sbeing properly inquired into by the state commission), the committee appointed by the railway administration was also appointed to look into the same incident at godhra which took place on 27.2.2002 and the other allied questions regarding ..... property could have been averted;(e) to ascertain any other probable internal and external factors and/or aggravating circumstances that may have led to the tragedy;(f) to ascertain acts of commission and/or omission responsible for the cause of fire and to fix responsibility for the cause of fire and to fix responsibility for the same, individually or collectively;(g) to ..... without doubting the motives of the state government in appointing its own commission perhaps we may observe that, in a case involving charges of the kind made against the chief minister and other ministers of the state, it would be better if the state's own commission did not even remotely appear to have been set up merely in anticipation of a thorough investigation by an outside central authority which would, .....
Tag this Judgment!Court : Gujarat
Reported in : (1979)2GLR437
..... (7) in the case of a service or post, if under the regulations made under the proviso to clause (3) of the article 320 of the constitution of india, it is not necessary to consult the commission and no special academic qualification relating to age have been prescribed it shall be in the discretion of the head of the department to recruit to such service or post such person as may appear to him to be suitable ..... as said above, the service commission itself takes judicial notice of such possibilities of relaxation in a variety of cases and, therefore, service commission invites all such intending candidates, without anticipating in advance that the age ..... in order to safeguard the various principles of good administration based on the rule of law, an independent body like the service commission is made the creature of the constitution and such a body manned by the persons of position, prestige and accredited impartiality is entrusted with this nice and delicate job of weighing the merits ..... in the prescribed form through the employment exchange where they have registered their names as physically handicapped persons or they should forward their application to the commission along with the necessary certificate from the registered medical practitioner that he is a orthopaedically handicapped person.6. ..... relevant considerations must have been brought to bear on their mind by the members of the commission, when they took upon themselves the serious and delicate job of making selection to a .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1966Guj146; 1966CriLJ746; (1965)GLR806
..... that amendment would not make any difference because in the context of bail a person must be under some restraint and it would not be sufficient that there is only accusation or suspicion of the commission of the offence against him similarly, the toller part of section 498(1) which confers power on the high court or the court 't session to direct that any person be admitted to bail in any case whether there may be an ..... in the result, i allow this revision application, set aside the order of the learnedsessions judge releasing the opponent govindlalnanilal shah on bail in anticipation of hisarrest the bail bond taken from him shallstand cancelled. ..... on the question whether a person could be released on bail in anticipation of his arrest, there appears to be some conflict of authorities, but the preponderance of judicial opinion is in favour of the view that no such anticipatory bail could be granted. ..... 1,000 and on furnishing one solvent surety for the like amount in anticipation of any warrant that may be issued against him.2. ..... he had, therefore preferred an application for releasing him on bail in anticipation of his arrest. ..... has filed this revision application against the orders passed by the sessions judge, banskanatha at palanpur, on llth march 1966 whereby the learned sessions judge released the opponent govindlal manila) shah of deesa on bail in anticipation of his arrest. .....
Tag this Judgment!Court : Gujarat
Reported in : (1993)2GLR1676
..... sc 1851 lays down that a person cannot claim as of right that the government must accept the recommendation of the public service commission, and the process for selection and the selection itself for the purpose of recruitment against anticipated vacancies do not create a right to be appointed to the post, which can be enforced by a mandamus. ..... after an interregnum caused by the orders of the kamataka high court, the commission resumed interviews and declared result of the selection on 26th june, 1987, which was published in the kamataka gazette on 23rd ..... if a candidate applies for a post in response to advertisement issued by public service commission in accordance with recruitment rules he acquires right to be considered for selection in accordance with the then ..... petitioners who were holding diploma in mechanical engineering alongwith others applied for selection to the post of the motor vehicle inspectors and the commission had commenced holding of interviews in august, 1984. ..... in 1978 the kamataka public service commission held selections and about 200 posts of motor vehicle inspectors were filled up from amongst the candidates holding diploma in mechanical engineering and ..... the instant case the commission had acted in accordance with the then existing rules and there is no dispute that the appellants were eligible for appointment, their selection was not in violation of the recruitment rules, therefore, setting aside the select list prepared by the commission would not be proper .....
Tag this Judgment!Court : Gujarat
Reported in : (1995)1GLR427
..... the said decision the appellant was selected in the combined civil services exam, held by the union public service commission for appointment to serveral services including the indian police service (ips) and the police services group 'b'. ..... select list or panel which is prepared must have co-relation with the existing vacancies or anticipated vacancies arising in near future and for fixed time. ..... the supreme court in such fact situation found that the public service commission is not required to make any further selection from the qualified candidates and is, therefore, not expected to withhold the name of any ..... list or panel must have, therefore, co-relation with existing vacancies or anticipated vacancies likely to arise in near or reasonbly foreseeable future. ..... court in the aforesaid fact situation observed that the selection by the commission, however, is only a recommendation of the commission and the final authority for appointment is the govt.28. ..... some litigation in the high court about the procedure adopted by the commission for reserved seats and the high court granted stay. ..... more than 50% of marks in the general category and whose names were in the select list were empanelled and kept in wait list in anticipation of release of further vacancies by the state. ..... in the meanwhile, the proposal for disbandment of the punjab armed police battalion and creation of additional post in the district was turned down by the govt, and, therefore, anticipated 117 vacancies did not arise. .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)2GLR1773
..... the stay of departmental inquiry was not warranted, as the departmental inquiry was on the charge of failure to anticipate accident and the prevention thereto, which had nothing to do with the culpability of the evidence under sections 304a and 338 of the i.p.c. ..... similarly, in the departmental action, obviously, the charge has been misconduct, dereliction of duty and the commission of the act, unbecoming of a government servant, which would not have to be a charge before the criminal court. .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)4GLR3010
..... in the instant case, the prosecution ought to have anticipated a dispute regarding age of the prosecutrix being raised by the defence. ..... stated in her deposition that the birth of prosecutrix was registered with surendranagar municipality, which is a primary evidence to indicate date of birth of the prosecutrix and, consequently, the age of the prosecutrix at the time of the alleged commission of the offence. .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)2GLR1190
..... . this decision of the administrative tribunal was under evaluation before the apex court and the apex court held : 'the commission having been entrusted with the constitutional duty to select suitable candidates by inviting applications from the open market, every candidate has a fundamental right to seek consideration and for selection through open ..... in that case it was directed that the regularisation of the assistant medical officers/assistant divisional medical officers who were appointed on ad hoc basis up to 1-10-1984 shall be made in consultation with the union public service commission on the evaluation of their work and conduct on the basis of their confidential reports in respect of a period subsequent to 1-10-1982. in m.a ..... . the result has been that the recruitment rules and the public service commissions have been kept in cold storage and candidates dictated by various considerations are being recruited as a matter of ..... when teachers were posted as lecturer/s on ad hoc basis, lien in the department was kept anticipating that in near nature, there shall be a recruitment on the post of lecturer/s by g.p.s.c ..... should not be directed to keep any of the lecturers from any group-set of lecturers on waiting list against the expected vacancies either anticipating reduction of workload of the college teachers or potential vacancies, 58 ..... selectees because it is on record now that the advertisement was issued against the available vacant posts and not against the anticipated vacancies .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)2GLR1604
..... who have passed the departmental examination prescribed for the time-being by the government for services in the said cadres, and (ii) by direct selection on the result of a competitive examination held by the gujarat public service commission in accordance with the rules made by government for the gujarat civil services recruitment (examination) rules, 1969 as amended from time to time. ..... in this case, the advertisement issued should have been for 147 vacancies of the deficit as on 31-12-1984 plus existing and anticipated vacancies till next selection as required by the rule and government notification and government resolution dated 27-12-1983 itself. ..... at the actual number of vacancies which are in deficit for direct recruit, the vacancies which are required to be filled up from the quota of direct recruit, existing and anticipated to be arisen during the life of the waiting list in compliance with the statutory recruitment rules. ..... in other words, it is in respect of the actual vacancies in existence or anticipated vacancies within the period of one year in respect of which the selection list can be in ..... selection process was started for 62 clear vacancies and at that time anticipated vacancies were not taken into account. ..... has observed thus : 'para 25 - from the above discussion of the case-law, it becomes clear that the selection process by way of requisition and advertisement can be started for clear vacancies and also for anticipated vacancies but not for future vacancies. .....
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