Court : Gujarat
Decided on : Apr-16-2004
Reported in : (2005)1GLR665
..... her evidence was recorded. before discussing the evidence of the child witness, it would be advantageous to refer to the law relating to child witness. section 118 of the evidence act deals with the question of competency of persons to testify. under this section, all persons are competent to testify, unless they are, in the opinion of the court, (a ..... of its youth, as matter of law, disqualified as a witness. there is no precise age which determines the question of competency. according to section 118 of the evidence act, a child of tender age is a competent witness if it appears that it can understand the questions put to it and give rational answers thereto. this section vests ..... the first step for the judge or magistrate to take is to satisfy himself that the child is the competent witness within the meaning of section 118 of the evidence act and for this purpose, preliminary inquiry should be held. it is the duty of the court to ascertain in the best way, which it can, whether from the .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-30-2004
Reported in : (2005)1GLR181
..... submitted that filing of second application for remand would amount to abuse of the process of court as well as it would amount to circumventing so many provisions of the act. he submitted that if the police remand is granted against the petitioners, it would violate the provisions of section 167 of the code of criminal procedure. he submitted that even ..... viceversa within a period of 15 days referred to in s. 167(2) of the criminal procedure code, 1973 which by virtue of s. 20 of the terrorists and disruptive activities (prevention) act, 1987, is to be read as 60 days in this case - cannot be disputed. there must, of course, be sufficient grounds for such a change of custody. in the present .....
Tag this Judgment!Court : Gujarat
Decided on : May-04-2004
Reported in : (2004)2GLR1642
..... reasonableness and fairness while dealing with the customers. even in an area of contractual relations, the state and its instrumentalities are enjoined with the obligations to act with fairness and in doing so, can take into consideration only the relevant materials. they must not take any irrelevant and extraneous consideration while arriving at ..... , partial deposits of the amounts with the authorities and release of the balance of the amounts to the writ petitioner, appointment of an advocate commissioner to act as a 'conduit' between the state and the writ petitioner and appointing a 'commission' comprising of two advocates to look into and decide the daily ..... and instrumentality of union of india, is bound by the pressing orders issued by union government and, therefore, this court can direct respondent gail to act in accordance with the pressing orders and, can simultaneously issued mandatory directions to government of india to the effect that the directions given by government of .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-17-2004
Reported in : 2004CriLJ4014; (2005)1GLR331
..... vapi, dist.valsad, on 9th february, 1994 drew a sample of kissan tomato ketchup from the premises of the petitioner-orig.accused no.1 for analysis under the pfa act and the rules framed thereunder. upon analysis, the public analyst declared the sample as adulterated as 'not confirming to the prescribed standards'. the description of the sample, ..... the learned magistrate has failed in appreciating the fact that the inalienable and mandatory right of the petitioner-accused, as provided under section 13(2) of the pfa act, of having the second sample of the product reanalysed by the cfl has been effectively denied inasmuch as despite having applied for such analysis and the same ..... reasons.3(ii) it is also the say of the petitioner that he has been denied his inalienable right of reanalysis under section 13(2) of the pfa act and his defence is being seriously prejudiced by the extraordinary delay in the matter. the petitioner was compelled to move the application for discharge under section 245 .....
Tag this Judgment!Court : Gujarat
Decided on : May-14-2004
Reported in : (2004)2GLR2445
..... appears from the record that the inquiry officers found the respondents guilty of using impertinent language and insulting the superiors, indulging in unruly behaviour and having acted in a manner which was subversive of discipline. they also found that the respondents were guilty for participating in illegal strike. further, they were also ..... making a false, vicious or malicious statement in public against management/factory of officer;12. instigation, incitement, abetment or furtherance of any of the above acts.'according to the petitioner, though they were duly served with the notices and summons to remain present at the inquiry, the respondents had not accepted the ..... slight variance in one or two charges. they were as under :-'01. use of impertinent language, to insult superiors, indecent behaviour, insubordination and committing act which is subversive of discipline;02. unlawful cessation of work or going on illegal strike in contravention of the provisions of law and the standing orders .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-05-2004
Reported in : (2004)3GLR2654
..... the crime in question, ignoring all these aspects, without assigning cogent reasons, the court below has given undue weightage to these factors. the said act of learned judge in granting anticipatory bail is unjust, illegal, improper and perverse as has been held by the apex court in (2001)6 s ..... under secs. 302, 143, 147, 148, 149, 341 of indian penal code, sec. 25(1)(a) of arms act and sec. 135 of the bombay police act wherein investigation is at the initial stage. as per the law laid down by this court as well as the apex court, ..... of offences punishable under secs. 302, 143, 147, 148, 149, 341 of ipc, sec. 25(1)(a) of arms act and sec. 135 of the bombay police act against the accused nos. 1, 2 and 3. thereafter, by way of applications dated 11-2-2004 and 12-2-2004, ..... sec. 27 of the arms act as well as secs. 307 and 120-b of ipc respectively were added. as the accused were not available, summons under sec. .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-09-2004
Reported in : (2004)3GLR2040; (2005)ILLJ400Guj
..... , habitual negligence and neglect of work: on the other hand are riotous or disorderly behaviour during working hours at the establishment or any act subversive of discipline, wilful insubordination or disobedience. misconduct falling under several of these latter heads of misconduct may involve no direct loss or damage ..... means. dismiss from employment. assassinate. limit, restrict, confine to or in. bound or limit spatially; form the physical end or extremity of.discharge : the act of freeing from obligation, liability, or restraint; exoneration from accusation or blame; release from a responsibility or position, or from service; release from custody; ..... workman/employee, he preferred an application being gratuity case no. 44 of 1998 before the controlling authority, under the provisions of payment of gratuity act. before the controlling authority, both the parties adduced material and after appreciating the material produced before it, the controlling authority vide order dated 6th .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-29-2004
Reported in : [2005(105)FLR197]
..... that even the appropriate government, while considering the question whether an industrial dispute is to be referred for adjudication or not under section 10 of the industrial disputes act, cannot adjudicate the issues and decide the lis between the parties (see air 1989 sc 1565 and air 1985 sc 860). if the appropriate government cannot enter ..... also the reasons on account of which in his opinion, the settlement could not be arrived at. under sub-section (5) of section 12 of the said act, upon failure report being submitted by the conciliation officer under sub-section (4) of the said section, if the appropriate government is satisfied that there is a ..... that since bcs rules are applicable to the petitioner, there is no industrial dispute which has arisen. i find that under section 12 of the industrial disputes act, the duties of the conciliation officer are set out, which include that of holding conciliation proceedings between the parties for the purpose of bringing about settlement of the .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-26-2004
Reported in : (2004)3GLR529; (2005)ILLJ484Guj
..... an industrial dispute demanding dearness allowance from the petitioner company. it appears that the respondent no.1 initiated proceedings under section 7-a of the said act against the petitioner in response to which the petitioner appeared before the respondent no.1 and submitted that there is no contribution outstanding due and payable ..... commissioner, the respondent no.1 has correctly passed the impugned orders. he contends that the orders under challenge are appealable under section 7i of the said act and the petitioner be directed to pursue the remedy of statutory appeal.6. learned advocate shri koshti appearing for respondent no.2 has also supported the ..... this section, dearness allowance shall be deemed to include also the cash value of any food concession allowed to the employee. these provisions of the said act are required to be interpreted to decide whether the amounts paid under the headings of house rent allowance, medical allowance, lunch allowance and conveyance allowance are .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-02-2004
Reported in : (2005)1GLR1
..... the delinquent. it is an extraordinary power. consequently, for exercising extraordinary power, extraordinary circumstances should exist. otherwise, the power may corrupt the authority in acting and defeat the purpose of vesting such powers in the authority. power has been given for public purpose, therefore, it must be exercised in public interest ..... , and their employer was ipcl, baroda. cisf was inducted in ipcl in accordance with the provisions of section 14 of the central industrial security force act, 1968. to avoid petitioners losing jobs, option was given to them for induction and absorption in cisf. accordingly, an agreement was executed by the ..... corporate office with a bonafide belief that the protest may invite the attention of ipcl management to their genuine grievances. however, cisf took it serious act of misconduct and indiscipline, and passed orders for the dismissal of petitioners from service without serving notice, charge sheet and offering an opportunity of being .....
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