Court : Andhra Pradesh
Decided on : Jan-20-2003
Reported in : 2003(2)ALD895; 2003(3)ALT96
ORDERE. Dharma Rao, J.1. This writ petition is filed aggrieved of the order No. SB/686/3/95-SO(HZ) passed on 5.7.1995 by the Security Officer (HZ), IBS, Hyderabad in appeal preferred by the petitioner against the orders of the Vigilance and Security Officer, dated 26.6.1995.2. Originally, the Security Officer, after conducting an enquiry imposed the punishment of removal from service with immediate effect by his order dated 15.2.1995 which was modified by the Vigilance and Security Officer by order dated 26.6.1995 as one into reinstatement into service as Security Officer, with minimum of scale in the Revised Pay Scales and without arrears. On appeal, the impugned order was passed.3. The petitioner was on leave from 1.7.1994 to the date of order and submitted medical certificate issued by the private medical practitioner, though notice was sent to the petitioner, he refused to receive the notice and a charge sheet was served. Accordingly, after completing the regular enquiry, he was re...
Tag this Judgment!Court : Kerala
Decided on : Jan-20-2003
Reported in : II(2003)ACC634; 2003ACJ1816; 2003(2)KLT29
..... to carry goods. even if it was carrying goods while it was being used, it will not come within the definition of goods carriage, as defined in section 2(14) of the act.3. ext.b6 is the registration certificate of the vehicle in question which shows that it has the sitting capacity to accommodate its driver alone and, therefore, ..... of any type or class.' of course, the issue decided in that case was with respect to an accident which occurred prior to 14.11.1994 when section 147(b)(i) of the act was amended incorporating the words 'including owner of the goods or his authorised representative carried in the vehicle'. when admittedly no goods have been carried in the ..... singh's case have no application in respect of a tractor as well.7. the accident in question had happened after the amendment effected in 1994 to section 147(1)(b)(i) of the act. the amendment brought in will have change only if the passenger in the goods vehicle is the owner of the goods or his authorised representative. as .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-20-2003
Reported in : 2003(2)ALT449
ORDERT. Meena Kumari, J.1. This writ petition is filed seeking a writ of Certiorari calling for the records and setting aside the order dated 6-8-2002 of the A.P. Administrative Tribunal in O.A.No. 172 of 2002 upholding the impugned proceedings dated 30-12-2000 of the 2nd respondent and consequently to direct the respondents to promote the petitioner to the post of Assistant Conservator of Forests on par with his juniors w.e.f. 30-12-2000.2. It is the case of the petitioner that he was initially appointed as Forest Range Officer in Visakhapatnam Circle on 7-11-1997. He stood at Sl.No. 151 in the seniority list for promotion to the post of Assistant Conservator and the promotions have already been made upto Sl.No. 150. While so, the 2nd respondent herein issued proceedings Rc.No. 1089/99/M1 dated 30-12-2000 promoting his juniors who figure in between Sl.Nos. 152 to 216 in the seniority list, without assigning any reasons for ignoring the case of the petitioner. Therefore, he filed O.A. ...
Tag this Judgment!Court : Jharkhand
Decided on : Jan-20-2003
Reported in : [2003(1)JCR656(Jhr)]
ORDERTapen Sen, J.1. Heard Mr. S. Bose, learned counsel for the petitioner and Mrs. I. Sen Choudhary. learned counsel for the respondents.2. This case relates to regularization of the services of the petitioners who at paragraph 6 have stated that they have been appointed as daily wage workers prior to 1.8.1985. According to the learned counsel for the petitioner all of them are working in the Minor Irrigation department.3. The learned counsel for the petitioner brought to the notice of this Court that the matter relating to regularization of services of daily wage employees of the Minor Irrigation department moved up to the Apex Court. The Supreme Court while disposing off SLP(C) No. 18164/1999 on 30.10.2000 made certain observations for regularization of services of those persons strictly as per scheme contained in a resolution dated 18.6.1993.4. Learned counsel for the petitioner has further produced for perusal of this Court an order passed by a Division Bench of this Court in MJC ...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-20-2003
Reported in : III(2003)ACC199
..... income of the deceased. when there is no evidence on record about income, the tribunal can consider the structured formula of notional income as per ii schedule under section 163a of the motor vehicles act. therefore, in this case even if the notional income of rs. 15,000.00 per year is taken into consideration, the yearly dependency would come to rs ..... order1. appellants/claimants have filed this appeal under section 173 of the motor vehicles act, for enhancement of compensation being aggrieved against the award dated 22.2.2001 passed by second additional motor accident claims tribunal, mandsaur, in claim case no. 139/2000.2. the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-20-2003
Reported in : 2003(3)MPHT22
..... retrospectively retiring the applicant from 30-11-1996. 3. being dissatisfied with the aforesaid order the applicant knocked at the doors of the tribunal invoking its jurisdiction under section 19 of the administrative tribunals act, 1985. before the tribunal the applicant contended that the order of retirement could not have been passed retrospectively; that at the fag end of the career of .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-21-2003
Reported in : RLW2003(1)Raj648; [2004]137STC326(Raj); 2003(2)WLC398; 2003(1)WLN462
..... , therefore, there is no effective sale of any explosive by the appellant so as to make it leviable for charging the sales tax under the provisions of the act and, therefore, the order as has been passed by the assessing officer was bad from very inspection. section 2(38) of the rajasthan sales tax act defines as to what is the sale and the ..... job of blasting is undertaken, the use of explosives in such job can neither be termed as sale within the meaning of rajasthan sales tax act nor it could be subjected to the levy of the tax. learned counsel sh. bhandari has argued before us rather he was pains to argue on the basis of section 2(38) clause (ii) that it remains ..... a case of sale because it involved a transfer of property in goods and he submits that the explosives had been purchased .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-21-2003
Reported in : 2003(1)ALD(Cri)421; 2003CriLJ1896
..... court in state of bihar v. d. n. ganguly, : (1958)iillj634sc , held as under (para 9) : 'it is well settled this section (section 21) of the general clauses act) embodies a rule of construction and the question whether or not it applies to the provisions of a particular state would depend on the subject-matter, context, ..... administration, : 1959crilj782 . it was held as under (para 20) :'in our opinion, this argument is not well-founded. section 19 of the punjab general clauses act, like section 21 of the general clauses act embodies a rule of construction, the nature and extent of the application of which must inevitably be governed by the relevant provisions of ..... of criminal courts than in case of industrial tribunal or civil courts. further, the role assigned to the appropriate government in referring the dispute under section 10(1) of the act is very wide and participatory. various steps are required to be taken, such as, conciliation, arbitration, etc., whenever it is approached by an .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-21-2003
Reported in : [2003(97)FLR690]; (2003)2UPLBEC1058
..... and that his duties were mainly manual or clerical. the supreme court for reaching the aforesaid conclusion relied upon the definition of 'workman' under section 2(s) of the industrial disputes act, as it stood prior to its amendment and the legal position that the designation of the employee was not of great moment, and what was ..... filed. the deputy labour commissioner, merely calculated the amount in execution of the award and thus, there was no illegality in issuing recovery under section 6-h(1) of the act. the employer has given a cheque to the deputy labour commissioner in pursuance of the recovery made against him as arrears of land revenue and thus ..... the accounts of the customers and registers properly. the nature of her work, thus, cannot be excluded from the definition of 'workman'.19. section 2(oo)(bb) of the industrial disputes act, provides exception to the definition of 'retrenchment'. where the services of the workman are terminated as a result of non-renewal of the contract .....
Tag this Judgment!Court : Kerala
Decided on : Jan-21-2003
Reported in : (2003)182CTR(Ker)277
..... in the assessee's appeal, the cit(a) held that the capital gains arising on the transfer of the land constituted income within the meaning of section 2(14) of the act and so it was rightly brought to tax. another contention that the assessee had raised before the cit(a) was that the capital gains, if at ..... to be considered is whether the tribunal was right in holding that the transfer took place in the year 1986. section 2(47) defines 'capital asset' includes compulsory acquisition under any law. section 2(14) of the above act defines 'capital asset', regarding agricultural land, the definition says that it does not include agricultural land in india not ..... and if no award is made within that period, the entire proceedings for the acquisition of the land shall lapse.'8. section 16 of the land acquisition act says that when the collector has made an award under section 11, he may take possession of the land, which shall thereupon vest absolutely in the government, free from all encumbrances. .....
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