Court : Gujarat
Reported in : [1999]95CompCas303(Guj); 1996CriLJ3099; (1996)2GLR751
..... in each case the learned magistrate was pleased to hold the applicant guilty for commission of the offence punishable under section 138 of the negotiable instruments act and sentenced him to undergo simple imprisonment for one month and to pay a fine of rs. ..... in this case the applicant being conscious about anticipated litigation might have scribed different signature with dishonest and deliberate intention of defeating the provisions. 14. .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)3GLR483
..... , may be a case of exceeding right of private defence and, therefore, the accused cannot be held guilty for commission of offence punishable under section 302 of i.p.c. ..... some litigation was also in anticipation and, therefore, accused no. ..... weapon which was used by accused at the relevant time is sickle, a sharp edged round shaped blade, which is sufficient to cause grievous hurt to any person and, therefore, both the accused are to be held guilty for commission of offence under section 326 of i.p.c. .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)1GLR197
..... authority is required to reach in order to support the detention order is that it is necessary to detain the petitioner with a view to preventing him from engaging in trasporting smuggled goods and that satisfaction can obviously be founded only on reasonably anticipated prognosis of future behaviour of the petitioners made on the basis of past incidents referred to in the grounds of detention. ..... it was emphasised that the reply filed by the custom authorities to the application for anticipatory bail filed by the detenu did not indicate that the detenu was involved in commission of any offence punishable under the provisions of the customs act, 1962. .....
Tag this Judgment!Court : Gujarat
Reported in : (1995)2GLR1530
..... in that context, the supreme court held that the fact that he was nor wholetime employee not drew a salary but commission, did not alter status of his post as post outside regularly constituted services need not necessarily carry definite rate of pay, nor such post must necessarily be a wholetime ..... question before the supreme court was whether a mauzadar in the assam valley, who is not a whole time employee not drawing salary but paid commission, holds a civil post under the state of assam and is entitled to the protection of article 311(2) of the constitution? ..... 'ble chief justice of karnataka : air1991sc295 , the appointment made by the chief justice of high court without consulting public service commission was contrary to the karnataka civil services (magisterial posts) recruitment rules, 1986. ..... , this estimate shall not merely be an estimate of exact number of posts that may fall vacant during particular period, but shall be an exhaustive numerical estimate of anticipated requirements of clerks, clerk-typists and typists. ..... it is further provided that the estimate of anticipated requirements of selected candidates shall not depend merely upon the actual number of vacancies existing or likely to arise on some particular ..... the offices to which these rules apply shall prepare an estimate of their probable requirements by past experience depending upon the probable vacancies on account of resignations and other grounds and creation of new posts owing to anticipated development. .....
Tag this Judgment!Court : Gujarat
Reported in : 1997(96)ELT541(Guj); (1996)1GLR623
..... some of such documents are - (1) stability book, (2) builder's certificate at the time of commissioning of vessel, (3) memorandum of agreement between the parties as regards sale or purchase of the vessel, (4) surveyor's report as regards actual weight of the vessel at the time of import and (5) certificates of additions or alterations in the vessel after the ship is commissioned and after the weight of the same is registered in the stability book or in builder's certificate. ..... referred to in the stability book or the builder's certificate at the time of initial commissioning of the vessel or the floating structure : provided that in case of any change in the l.d.t. ..... in metric tonnes as noted in stability book of builder's certificate at the time of initial commissioning of the vessel and in case of any change in the l.d.t. ..... , in anticipation of the goods being imported within a week would not be applicable. ..... at the time of initial commissioning of the vessel is required to be adopted in this case, because the l.d.t. .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)2GLR781
..... on the basis of the said agenda note, on june 6, 1993, the executive committee of the respondent-commission, while purporting to review the anomaly of e-o level officers who were recruited and promoted within the period 1977 to 1982, passed the ..... result of the impugned decision instead of antedating the appointment of all, the commission has antedated the appointment of the said respondents only to january 1, 1990. ..... , at least on two occasions, once before the civil court at mehsana and secondly before the civil court at dehradun, the categorical stand of the commission was that the said seniority has rightly been fixed. ..... it was further held that the attempt on the part of the commission was to see that when recruitments were made during the transitory period from 1974 to 1980 regulations irrespective of the level at which induction as permissible need based recruitments were made and wherever ..... held by the learned single judge that in the present case the commission had merely undertaken an exercise of annual cadre readjustment of various disciplines ..... enumerated hereinabove, we have no manner of doubt that the action of the respondent-commission in altering the seniority and giving benefit to respondents no. ..... as we shall presently see what the respondent-commission did, and which led to the filing of the writ petition was to antedate the promotion of the respondents alone to 1990 level e-3 which would make them two years senior to the appellants even ..... anticipating some problems, .....
Tag this Judgment!Court : Gujarat
Reported in : (1995)2GLR1640
..... 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 operation. ..... the government in its affidavit has categorically stated that there was no justification for the commission of police preparing a select list of 690 candidates. .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)1GLR342
..... there, the admitted facts are that the entire occurrence seems to have been the result of a chronic land dispute between the parties in which several commissions were issued and which ultimately proved futile. ..... applicability of section 149 anticipates formation of unlawful assembly, which is absent when a sudden mutual fight takes place between the two groups. .....
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 : (1995)1GLR483
..... said decision, the appellant was selected in the combined civil services examination held by the union public service commission for appointment to several services including the indian police service (ips) and the police services group 'b'. ..... the supreme court in such fact situation found that the public service commission is not required to make any further selection from the qualified candidate and is, therefore, not expected to withhold the name of any ..... 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 government. 19. ..... under the scheme of the rules, the public service commission was required to hold first a written test in subjects chosen by the high court and next a viva ..... for disbandment of the punjab armed police battalion and creation of additional post in the district was turned down by the government and, therefore, anticipated 117 vacancies did not arise. ..... the duty of the public service commission is to make available to the government a complete list of qualified candidates arranged in order ..... government act, is stated by the supreme court in the following words : 'thereafter the government is to make the selection strictly in the order in which they have been placed by the commission as a result of the examination. ..... though secured 55 per cent of marks was not appointed as her name was not sent by the public service commission to the government. .....
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