Court : Mumbai
Decided on : Dec-14-2006
Reported in : 2007(2)ALLMR664; 2007(4)BomCR217
..... that irrespective of the nature of the appointment letter issued by the management, the petitioner was deemed to have been appointed on probation in terms of section 5 of the m.e.p.s. act read with rule 10 of the m.e.p.s. rules and, therefore, the management could not have terminated the services of the petitioner without ..... , on completion of this probation period of two years, be deemed to have been confirmed.5. the word 'year' has not been defined in m.e.p.s. act. however, section 3(66) of the general clauses act, 1897 defines the term 'year' to mean a year reckoned according to the british calendar. the period of two years contemplated under sub ..... -section (2) of section 5 of the m.e.p.s. act would therefore, commence from the date of appointment of the employee in a permanent vacancy. considering the same, even assuming that the petitioner was appointed in .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-14-2006
Reported in : 2007(1)ALT486
..... that the government is having power to review or revise any order passed by the gram panchayat, mandal parishad, zilla parishad or any authority. section 264 of a.p. panchayat raj act, 1994 dealing with power of review and revision by government, specifies as hereunder:(1) the government may, either suo motu or on application from ..... registered in crime no. 74 of 2002 on the file of p.s. jakranpalli (nizamabad district) for the offences under sections 147, 148, 435 read with section 149 ipc and section 25 of the indian arms act. thereafter the petitioner approached the 2nd respondent, who directed the petitioner not to carry on sand quarrying operations in view of ..... district level sand committee. the learned counsel also would submit that such exercise of power, in the facts and circumstances, under the guise of section 264 of a.p. panchayat raj act, 1994 cannot be sustainable. the learned counsel also had drawn the attention of this court to the subsequent events and would contend that in .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-14-2006
Reported in : 2007(2)ALD45
..... the permission, it shall be deemed to have been permitted the proposed permission and the owner may go ahead with the work. it is also stated that section 2(12) of a.p. panchayat raj act, 1984 states that the executive authority means panchayat secretary appointed to each gram panchayat. it is also further stated that the petitioner had not received any ..... to make construction under the provisions of rule 22 of layout and building rules, 2002. the 1st respondent, who is the executive authority of the gram panchayat, is bound to act in accordance with law.6. the impugned order is in telugu and the translated version of the same reads as hereunder:in the above reference representation for building permission along .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-14-2006
Reported in : 2007(2)ALD635
..... , the award passed by the collector cannot be quashed and if the interested persons come to know about the award, they can seek reference under section 18 of the act without any bar of limitation affecting their rights. simply because notice to the interested persons is necessary, the award passed cannot be set aside on ..... land to person interested, service of notice is mandatory and though the petitioner is subsequent purchaser, in view of the fact that notice under section 9(3) of the land acquisition act 1894 being mandatory, he is entitled to the notice.27. the learned standing counsel representing respondents 1 and 2, specifically had drawn the attention ..... given in this regard. the alleged tenant to agitate his rights, if any, praying for the apportionment of compensation by making appropriate application under section 18 of the land acquisition act, if the writ petitioner is so advised. the learned standing counsel also would contend that in a matter of this nature, the bona fides .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-14-2006
Reported in : ILR2007KAR602; 2007(3)KLJ401; 2007(2)KCCR845; 2007(1)AIRKarR666
..... when it has not been indicated by the insurance company that their policy will not be revived after the further medical test.14. the provisions of section 23 of the indian contract act, 1872, makes it clear that the very implied condition imposed to forfeit the amount of the premium paid as per the policy conditions amounts to ..... of rs. 75,000/- vide annexures a & b. according to the petitioner the object under the lic act, 1956, is for providing regulation and control of business of life insurance. as per section 6, the object of the act is to secure the lic business and to develop the same to the best advantage of the community and thereby ..... the petitioners requires to be considered, to issue such directions as sought for?11. of course, the respondent/authority came into existence based on the life insurance corporation act, 1956 enacted by the central legislation, keeping in view several objects, to protect the interest of the public at large, who undertake to insure their life by paying .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-14-2006
Reported in : [2008]82SCL44(Punj& Har)
..... offence to the said letter and communicated back that since the claimants have submitted certain affidavits and that the chartered accountant was wrong in highlighting section 530 of the act and was directed to prepare the dividend warrants.30. i have heard learned counsel for the parties at length. the procedure for proof of ..... the company as supervisor, officer, manager and senior accounts officer should be categorized separately and claims of such claimants should be classified as payable under section 530 of the act. the chartered accountant was supplied with a copy of similar report in punjab anand battery, company in liquidation, and was asked to follow the report ..... office noting or order passed by the then official liquidator accepting the claims of 33 employees contained in annexure 3 as the one admissible under section 529a of the act. even learned counsel appearing for the said employees could not refer to any order passed by the learned official liquidator accepting the claims of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-14-2006
Reported in : I(2007)ACC755
Adarsh Kumar Goel, J.1. This appeal has been filed by the Insurance Company against the award of the Tribunal awarding a sum of Rs. 3 lakh to the claimants on account of death of Nand Kishore by rash and negligent driving.2. Case of the claimants is that during night intervening 17/18.8.2001, the deceased was going from Rajpura towards Banur on his motor-cycle and at about 11.00 p.m. when he reached the area of Ram Nagar on Rajpura-Chandigarh Road, he was hit by Tata Sumo, driven rashly and negligently by Ram Kesar driver. The deceased received multiple simple and grievous injuries and died on the spot. He was aged 3 8 years and was working as partner in commission against shop apart from working as accountant in the said shop. He was earning Rs. 5,000 per month.3. The claim was contested by the Insurance Company as well as by the driver and the owner.4. Following issues were framed:1. Whether death of Nand Kishore has taken place in a motor accident with Tata Sumo No. HR-01L-3835 due ...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-14-2006
Reported in : I(2007)ACC741
ORDER1. This order will dispose of FAO Nos. 4785 and 4786 of 2006 as both the appeals arises out of the same award of the Motor Accident Claims Tribunal.2. Gurmeet Kaur and others preferred a claim petition on account of death of Mewa Singh, who along with Gurdhian Singh was going from Pehowato Cheeka by a motor cycle on 2.3.2005 at 7.30 p.m. He was hit by a truck bearing No. HR-63-3909 which was being driven by Palwinder Singh. He was taken to the hospital, where he was declared brought dead.3. Gurdhian Singh filed a claim petition on account of injuries sustained by him in the said accident. The petition was contested by the driver, owner as well as the Insurance Company.4. Following issues were framed:1. Whether the accident resulting into death of Mewa Singh and injuries to Gurdhian Singh took place on 2.3.2005 on account of rash and negligent driving of truck No. HR-63-3909 by respondent No. 1?--OPP2. If issue No. 1 is proved, whether petitioners are entitled to compensation, if s...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-14-2006
Reported in : II(2007)ACC490; 2008ACJ979
Adarsh Kumar Goel, J.1. This appeal has been preferred by the Insurance Company against the award of the Tribunal awarding a sum of Rs. 4,19,000 on account of death of Inderjeet Singh.2. Case of the claimants is that on 5.7.2003, at 5.40 p.m., the deceased was travelling on a scooter from Sirsa to Ding. He was hit by vehicle driven rashly and negligently by Mange Lal resulting in death of Inderjit Singh and injuries to Gurbachan Singh claimant, son of the deceased. The driver ran away. The deceased was medically examined and treated for about 40 days in different hospitals and finally died, on account of injuries suffered, on 14.8.2003. Post-mortem examination was conducted and FIR dated 14.8.2003 was lodged.3. The driver and owner of the vehicle as well as the Insurance Company contested the claim.4. Following issues were framed:1. Whether the accident in question had taken place due to rash and negligent driving of Truck-Troll a No. HR-38E/9871 resulting into the death of Inderjeet S...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-14-2006
Reported in : I(2007)ACC599
..... ,000 towards expenses for performing last rites.5. learned counsel for the insurance company submitted that the claim petition was filed under section 163a of the motor vehicles act, 1988 (for short, 'the act'), wherein, the income of the deceased was alleged to be more than rs. 40,000, which could not be scaled down ..... supreme court in deepal girish bhai soni's case (supra), wherein, the question involved was whether proceedings under section 163a of the act were final proceedings or interim proceedings. it was held that proceedings under section 163a were not interim proceedings, but final proceedings and once a trial takes place on merits, a different ..... the result remains the same. the judgment relied upon after holding that the petition under section 163a of the act was not maintainable, the matter was remanded for fresh decision by treating that application to be under section 166 of the act. in the present case, the tribunal has already followed the said procedure and recorded a .....
Tag this Judgment!