Court : Gujarat
Decided on : Mar-11-1991
Reported in : (1991)2GLR775
..... that he should be told in advance that his work and performance are not upto the mark. in the relationship of master and servant there is a moral obligation to act fairly. an informal, if not formal, give and-take, on the assessment of work of the employee should be there. the employee should be made aware of the ..... the supreme court in the case of ajay hasia v. khalid mujib sahravardi and ors. reported in : (1981)illj103sc . in that case a society registered under the societies registration act was found to be an authority falling within the definition of 'state' contained in article 12 of the constitution of india. in para 11 at page 496 the test is ..... held:a corporation may be created in one of two ways. it may be either established by statute or incorporated under a law such as the companies act, 1956 or the societies registration act, 1860. where a corporation is wholly controlled by government not only in its policy making but also in carrying out the functions entrusted to it by the .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-26-1991
Reported in : (1992)1GLR157
..... collector, vyara was fully justified in staying the proceedings before him and in directing the present respondents to move the mamlatdar under section 70(b) of the said act. in fact, proceedings under section 70(b) have already been concluded in favour of present respondents. i, therefore, do not find any substance in the first ..... no enquiry into the question of tenancy can be made firstly because the petitioners acquired exclusive title on issuance of certificate of purchase under section 32m of the said act, and secondly, because doctrine of res judicata operates. the mamlatdar & alt cannot, therefore, decide afresh the question of tenancy.in order to consider the above ..... the present petitioners filed application nos. 3 of 1978 and 4 of 1978 before the dy. collector. vyara under section 84 of the said act. section 84 of the act provides for summary eviction of any person unauthorisedly occupying or wrongfully in the possession of any land. it was the case of the petitioners that the .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-17-1991
Reported in : (1992)1GLR371
..... learned judge has committed error in rejecting the said application and denying the defence make avail the previous statement of witnesses for the user under section 145 of the evidence act.7. this view is supported by a judgment in the case of subbayya v. peta veerayya : air1933mad65 ) where it is observed that 'if it is sought to use ..... proved, for the purpose of contradicting such witness, i.e., accused will not arise. such statement if amounts to confession is hit by section 25 of the evidence act. this bar or prohibition as to user of such statement is for the inquiry or trial for which it is recorded. bar of use of statements recorded under section ..... the context in which such omission occurs and whether any omission amount to a contradiction in the particular context shall be a question of fact.section 145 of evidence act reads as under:a witness may be cross-examined as to previous statements made by him in writing or reduced into writing and relevant to matters in question, without .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-10-1991
Reported in : (1992)1GLR265
..... governed by the life insurance corporation of india (staff) regulations, 1960, which are framed by the corporation in exercise of its powers under section 49 of the life insurance corporation act, 1956. regulation 30(1), inter alia, provides that an employee shall not absent himself from his duties without having obtained the permission of the competent authority nor shall he absent ..... trade union and these employees absented themselves from work for that purpose on 1st september, 1980. there was, therefore, admittedly, a cessation of work by a body of persons who acted in combination. this is why the communication dated 28th september, 1980 at annexure 'a' to the petition describes the said programme as a concerted action amounting to a strike. under .....
Tag this Judgment!Court : Gujarat
Decided on : May-07-1991
Reported in : (1991)2GLR876
..... should be allowed to raise such a contention at a subsequent stage of trial. but as noticed the above said circumstances are so unequivocally clear that the alleged acts and deeds of the police officer would not fall within the purview of section 197 of the code of criminal procedure. the conclusion therefore would be that ..... advocate shri chitranjan brahmbhatt of nadiad.8. the tell-tale story emerging from the above said circumstances would definitely show that it cannot be said that the acts alleged against the police officers are of such a quality that they would fall within the scope of the official duty to be performed by the police officers ..... not removable from his office save by or with the sanction of the government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty'. the moot question therefore which arises, for the appreciation of the rival contentions in the present cri. revision application .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-22-1991
Reported in : (1991)2GLR1385
..... by way of interim maintenance subject to the other conditions referred to the pending final disposal of the application.thus, the supreme court has recognised the power of the courts acting under section 125 of the criminal procedure code to pass an order for interim maintenance of satisfying himself that there is a prima facie case for making such an order in an ..... , by his order dated 9-1-1991 granted an amount of rs. 150/- by way of interim alimony in favour of the wife under section 24 of the hindu marriage act and, therefore, according to the learned addl. sessions judge, no order of interim maintenance can be passed in this revision application. a statement is made on behalf of the petitioner .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-25-1991
Reported in : II(1994)ACC458
..... claim petition is respect of that amount of rs. 47,000/- which is otherwise assessed to be due compensation for the death of jitender kumar.10. under the hindu succession act, the only heirs to a hindu deceased dying intestate are mother; widow, sons and daughters of the deceased. there are class i heirs. all of them take simultaneous and equal ..... objection to the award being passed in favour of claimants nos. 1 to 5, the tribunal could have, on being satisfied that in that was genuine and bona fide request, acted on it. if the tribunal was not so satisfied, it could have taken a different view. but in the present case, the tribunal has taken a hyper-technical view that ..... appeal by the claimants is whether this amount of rs. 47,000/- is also required to be awarded. if yes, to whom?2. section 110-a of the motor vehicles act, 1939, provides that an application for compensation arising out of a motor accident may be made, (b) where death has resulted from the accident, by all or any of the .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-25-1991
Reported in : (1994)1GLR422
..... the claim petition in respect of that amount of rs. 47,000/- which is otherwise assessed to be due compensation for the death of jitendrakumar.10. under the hindu succession act, the only heirs to a hindu deceased dying intestate are mother, widow and sons and daughters of the deceased. these are class i heirs. all of them take simultaneous and ..... no objection to the award being passed in favour of claimants nos. 1 to 5, the tribunal could have, on being satisfied that that was genuine and bona fide request, acted on it. if the tribunal was not so satisfied, it could have taken a different view. but in the present case, the tribunal has taken a hyper-technical view that ..... appeal by the claimants is whether this amount of rs. 47,000/- is also required to be awarded. if yes, to whom?2. section 110-a of the motor vehicles act, 1939, provides that an application for compensation arising out of a motor accident may be made, (b) where death has resulted from the accident, by all or any of the .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-10-1991
Reported in : (1993)2GLR1534
..... own facts. in that case in defence to the plaintiffs suit the defendant came forward with a counter-claim. the question before the court was what article of the limitation act, 1908 would govern such counter-claim. this puling of the supreme court in the case of mohinder singh jaggi (supra) is of no use in the present case.7.2 .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-09-1991
Reported in : (1992)2GLR937
..... play in this case also. the high court would not exercise its writ jurisdiction in futility. when the high court exercises its writ jurisdiction, it does not act as an appellate forum. the high court is not bound by the procedural rules by which the appellate forum is bound. the high court would not be ..... him was in contravention of the principles of natural justice and hence illegal and void. it was contended that appeal under section 22a of the chartered accountants act was, maintainable and that it provided a complete safeguard against any in sufficiency against the original proceeding. repelling the contention, the supreme court inter alia observed, ..... accountants of india v. l.k. rana, reported in : [1987]164itr1(sc) . it is a case arising out of disciplinary pro proceedings under the chartered accountants act, 1949. a chartered accountant was charged with misconduct. at the initial stage, the council of the chartered accounts did not afford an opportunity of being heard. therefore .....
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