Court : Gujarat
Decided on : Dec-02-2003
Reported in : II(2004)ACC518; 2005ACJ19; AIR2004Guj157; (2004)1GLR875
..... the claim petition under section 166 of theact into an application under section 163-a of the act.the prayer for such amendment or conversion has to betreated as the prayer for withdrawal of the applicationunder section 140 of the act.16. as regards the last reason given by the tribunalfor rejecting application exh.9, it is ..... the matter can be examined from another angle.there is no provision disabling the claimant from prayingfor amendment of his claim petition filed under section166 of the act nor from praying for withdrawal of hisapplication under section 140 of the act.sub-section (3) of section 166 as originallyenacted contained a time limit of six months from ..... there would be no periodof limitation, the claimant is now making an applicationfor amendment of the claim petition for invoking thepowers of the tribunal under section 163-a of the act andnot the powers under section 140 or sections 166/168 ofthe act. hence in absence of any period of limitation,there could be no objection to .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-24-2003
Reported in : 2004(1)AWC266; (2004)1UPLBEC177
..... years' continuous absence from duty elsewhere than on foreign service in india, whether with or without leave, a government servant ceases to be in government employment.' 9. this rule was amended w.e.f. 12.9.1989, providing that absence beyond five years will attract the provisions of rules relating to disciplinary proceedings. in the present case, the period of five ..... be in government employment. there is no question of grant of leave as petitioner did not make any such application either before 1.10.1981 even after the date. the amendment calling for a disciplinary enquiry came into force after about eight years. the petitioner has also failed to plead or prove any special circumstances which kept him away from duties .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-18-2003
Reported in : AIR2004SC1264; 2004(1)ALD(Cri)351; 2004CriLJ931; JT2003(10)SC179; RLW2004(1)SC70; 2003(10)SCALE842; (2004)12SCC546; 2004(1)LC670(SC)
..... the said complaint that after investigation the police of pahada police station filed a chargesheet against the respondent herein for offences punishable under section 302 ipc as also under sections 4 and 25 of the arms act. learned sessions judge-ii, udaipur, in sessions case no. 58 of 19.89 after trial found the respondent herein guilty of the offences charged ..... that the same is based on the fact that the respondent had dealt a single blow which according to the high court took the act of the respondent totally outside the scope of exception i to section 300 ipc. here again we cannot agree with the finding of the high court. the number of injuries is irrelevant. it is not always ..... held that the sentence already undergone would be sufficient. in regard to the offence under section 4 read with section 25 of the indian arms act, it agreed with the findings of the trial court and modified the said sentence also to the period already undergone but directed the respondent to pay a fine of rs .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : May-02-2003
Reported in : 2003(3)ALD663; 2003(5)ALT170; (2003)IIILLJ92AP
..... introduction of pension scheme for bank employees. in view of the said settlement, the draft pension regulations of 1993 were framed and same were forwarded by the indian banks association to all branches of the bank and the idea of circulating the draft pension regulations is to make it known to all the employees about the ..... but, their origin is traceable to statutory power under clause (f) of sub-section (2) of section 19 of the banking companies (acquisition and transfer of undertakings) act, 1970. the said regulations are approved by the bank of india after consultation with the reserve bank of india with the previous sanction of the central government. when the ..... government, in exercise of the powers conferred by clause (f) of sub-section (2) of section 19 of the banking companies (acquisition and transfer of undertakings) act, 1970. the said regulations were approved by the board of directors on 19.12.1994 and the approved regulations were notified in the year 1995. he also further .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-24-2003
Reported in : 2003(2)ALD(Cri)742; 2004CriLJ427
..... discrimination is being continued even after so many years as if the tribals are not entitled to the benefits of modernization of systems. when old code has been amended with introduction of new thoughts and new provisions, there is no reason why they have to be deprived of the benefits that are enjoyed by all the people ..... point that arises for consideration is whether the prosecution has established the guilt of the accused beyond all reasonable doubt for the offence under section 304, part-i, ipc.4. in order to establish the original charge of murder, the prosecution has placed the ocular evidence, dying declaration and medical evidence. the court has to see ..... is founded on the principle of necessity. a dying declaration, if found reliable, can form the basis of conviction. a court of facts is not excluded from acting upon an uncorroborated dying declaration for finding conviction. a dying declaration, as a piece of evidence, stands on the same footing as any other piece of evidence. it .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-23-2003
Reported in : 2004(2)ALT721
..... effect to all the students; therefore they can take advantage of seeking a declaration that they have passed the examination. the high court noticed that the amended regulation came into effect on 10-5-1999 and that a student who failed to secure required minimum percentage is required to withdraw from the course ..... v. govinda rao a constitution bench of the supreme court considered by question whether masters degree of a foreign university is equivalent to masters degree of indian university. it was laid down as under:'boards of appointments are nominated by the universities and when recommendation made by them and the appointments following on ..... is regulated by the board of intermediate education (for short 'the board') which is a statutory body constituted under the a.p. intermediate education act, 1971 ('the act'). it has been empowered to make regulations inter alia to regulated the grant of permission for establishment of colleges of intermediate education popularly known as junior .....
Tag this Judgment!Court : Chennai
Decided on : Apr-08-2003
Reported in : (2003)2MLJ382
..... , etc. of the employees of the port trust come within the purview of sec. 28(a) of the act. 27. in short, the contention is that these regulations which are presently in vogue could be amended or directed to be amended under a specific procedure laid down by sec. 125 and in no other manner. 28. he points out that ..... 1-10-1994 and then proceeded to point out that on 15-5-1995 a letter was written by the government of india to the managing director of indian ports association, in which it was suggested that the issue regarding their cadre restructuring of degree/diploma holding engineers was pending for a long time and the position ..... and its unfruitful discussions with the degree-holding engineers' association and the diploma-holding engineers' association and further to the fact of reference having been made to the indian ports association for solving this issue between the diploma-engineers and the degree-engineers. 19. a reference is also made to the modification dated 6-6-1994 to .....
Tag this Judgment!Court : Chennai
Decided on : Mar-26-2003
Reported in : 2003(3)CTC329
..... preliminary decree can be passed. a sharer impleaded after the preliminary decree but before passing final decree is entitled to have her share declared if necessary by rectification or amending the preliminary decree - followed poolchand and anr. v. gopal lal : [1967]3scr153 .16. order 20, rule 18, cpc contemplates that a decree must declare ..... court rendering it is concerned, it is unalterable except by resort to by such provisions of the code of civil procedure as permit its reversal, modification or amendment. a preliminary decree passed, whether it is in a mortgage suit or a partition suit, is not a tentative decree but must, in so far as ..... is whether the applications for impleading the applicant is maintainable or not ?11. now, we look into the relevant provisions of cpc, indian evidence act and letters patent.section 2(2), cpc - in this act, unless there is anything repugnant in the subject or context,- (1).....(2) 'decree' means the formal expression of an adjudication which, .....
Tag this Judgment!Court : Chennai
Decided on : Oct-21-2003
Reported in : 2003(4)CTC705; (2004)1MLJ56
..... since the supreme court in mrs. mary roy v. state of kemla, : [1986]1scr371 , had held that the indian succession act is alone applicable to all christian in kanyakumari district, the preliminary decree should be reviewed and amended accordingly. this was dismissed by the court below and therefore, this revision has been filed.4. the learned counsel for ..... not accepted by the trial court. the trial court held that the parties are governed by the travancore cochin christian succession regulation and the provisions of the indian succession act are not applicable and declared that the respondent and the first defendant were entitled to one-half share each in the suit properties.2. the appeal filed ..... and knocked the wrong doer.13. the share declared by the trial court has been affirmed by this court. so unless the order of this court is amended the relief sought for by the petitioner cannot be granted. the trial court is powerless to review the preliminary decree that was declared by it after it .....
Tag this Judgment!Court : Kerala
Decided on : Jun-19-2003
Reported in : II(2003)DMC756; 2003(3)KLT106
..... the duty under the personal law or purely under the norms of morality of the society earlier. but under section 125 it is made the legal duty of all indians. it is a futile exercise to look for authority under the personal law for the statutory stipulations in chapter ix. that is, according to me, an unnecessary ..... of parents to maintain children beyond attainment of majority, read the said provision and section 3(1)(b) of the muslim women (protection of rights on divorce) act together and held that under the latter statutory provision liability of providing maintenance extends beyond attainment of majority of a dependant girl'.14. a judicial precedent is authority only ..... dictum in the said decision is only that the claims of children under section 125 cr.p.c. are unaffected by the provisions of the muslim women (prd) act. this and this alone was considered, discussed and decided by the supreme court in the said decision. of course, while stating that the rights of the children under .....
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