Court : Gujarat
..... a tribunal. if the proceeding is original, the petition would obviously be under article 226. (iv) if the petition challenges the decision of a tribunal, further inquiry should ensue. the expression "tribunal" would include within its ambit adjudicating bodies, provided they are constituted by the state and are invested with judicial, as distinguished purely ..... it may also arise from the absence of some essential preliminary proceedings. thus, although the inferior tribunal may have jurisdiction over the subject matter of the inquiry, it may be a condition precedent to the exercise of its jurisdiction that the proceedings should be begun within a specified time, or that some step ..... a careful reading of the aforesaid provision makes it clear that a right of appeal has been provided under section 4 of the act against a judgment or order of a learned single judge only if it is passed in the exercise of original jurisdiction of the high court and not otherwise. the word 'jurisdiction' means .....
Tag this Judgment!Court : Gujarat
..... of protection. in that regard the interference prescribed by state for pursuing the ends of protection should be proportionate to the legitimate aims. the standard for judging the proportionality should be a standard capable of being called reasonable in a modern democratic society. 36. instead of putting curbs on women's freedom, empowerment ..... 4 scc 720], scc p.744) "56. in our opinion adjudication must be done within the system of historically validated restraints and conscious minimisation of the judges personal preferences. the court must not invalidate a statute lightly, for, as observed above, invalidation of a statute made by the legislature elected by the people ..... amendment made in uk in relation to a provision which was in pari materia with section 118 of indian succession act, observed : "the constitutionality of a provision, it is trite, will have to be judged keeping in view the interpretative changes of the statute affected by passage of time." referring to the changing legal .....
Tag this Judgment!Court : Gujarat
..... one laljibhai kalaji patel before this court challenging the notification dated 1st february 2012 and the election-programme for the 4 seats of traders constituency. upon further inquiry, the petitioner came to know that in view of interim order granted by this high court on the said petition, the election of the 4 seats ..... any reason, such vacancy should be filled up by way of fresh election in terms of rule 26 mentioned above. with great respect to the learned judges of the referring bench, we are unable to subscribe the view reflected in paragraph 10 of the referring judgment by giving importance to the observation that ..... the electionprogramme published pursuant thereto for conducting the election for the 4 seats of traders constituency are illegal, perverse, arbitrary and contrary to the provisions of the act. during the pendency of this application, pursuant to the election-programme impugned, four persons from the traders category having been elected, the petitioner, with the leave .....
Tag this Judgment!Court : Gujarat
..... such notes are being collected; that the concerned clerk was never questioned by him or the concerned district judge; that he has not received any complaint with respect to the present petitioner about misplacement of papers nor any inquiry is made nor any application is received for getting certified copy of the judgment . this witness has also ..... supplied). (b) in yoginath d.bagde v. state of maharashtra and anr, air 1999 sc 3734, it was held: the presiding officers of the court cannot act as fugitives. they have also to face sometimes quarrelsome, unscrupulous and cantankerous litigants but they have to face them boldly without deviating from the right path. they are ..... statement on 27.06.2011, wherein the petitioner submitted, that there is no dereliction of duty on the part of the petitioner and there is no any act of petitioner which tantamount to unbecoming of judicial officer; that the charges levelled against the petitioner cannot be said to be proved that the findings given vide .....
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..... /2 preferred criminal revision application no. 96/2005 and a/3 preferred criminal revision application no. 105/2005 before the sessions court, ankleshwar. the learned additional sessions judge (ftc-5), ankleshwar, considered both the revision applications of all the three accused and by a common judgment and order dated 29.9.2005 was pleased to allow ..... , then the size of error and nature of mistake alleged to have been committed by the doctors herein would not justify the initiation of any criminal action. alleged act of accused, when weighed with decision of the supreme court, tilting of scale in favour of accused cannot be denied. 17. as to the finding under challenge, ..... and quash criminal proceedings against the doctor. it had held:- 21. thus, when a patient agrees to go for medical treatment or surgical operation, every careless act of the medical man cannot be termed as criminal. it can be termed criminal only when the medical man exhibits a gross lack of competence or inaction and .....
Tag this Judgment!Court : Gujarat
..... no opportunity to make submissions qua charge no.6. in bagdes case (supra), along with the show cause notice, reasons for disagreement with the conclusion of the inquiry officer were supplied to the delinquent. however, the disciplinary authority had ---- ----- in stead of forming tentative opinion, had come to the final conclusion that charges against ..... the disciplinary committee, which had disagreed with the findings recorded by the enquiry officer and had held that the charges against the appellant were proved, had acted in violation of the principles of natural justice inasmuch as it did not give an opportunity of hearing at the stage when it developed the inclination that ..... for perusal and objection, if any, drawing the attention of all the judges of the high court well in advance. as none of the judges raised any objections against the tentative decision, a second show cause notice along with the copy of the inquiry report and tentative decision was issued to the delinquent mr. k.g. .....
Tag this Judgment!Court : Gujarat
..... the appellant. a charge sheet was issued to the respondent for remaining absent without prior permission from 01.2.1981 to 04.4.1981. after holding departmental inquiry as per the rules of the appellant-gujarat state road transport corporation (for short, the corporation ), the respondent was dismissed from service by order dated 25 ..... was passed. therefore, the labour court has exercised the power under section 11a of the industrial disputes act, 1947 and modified the punishment. he finally submitted that the labour court as well as the learned single judge has rightly granted the benefit of continuity of service which is just and proper. 5. we have ..... that the respondent remained absent for about two months and not remained present in departmental inquiry. in spite of writing to the respondent to resume duty, he never bothered to remain present in the inquiry. thus, ex-parte departmental inquiry was conducted and after issuing show cause notice, he was dismissed from service. he submitted .....
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..... that it is no publication, which prohibits the registration and, therefore, the learned counsel for the respondents submitted that the discretion has been properly exercised by the learned single judge. 8. in our view, as such the publication presupposes the publication to be made by making known to the public at large and more particularly the consumers thereof. ..... the registration would not be available to the plaintiff and consequently the injunction ought not to have been granted by the learned single judge. 6. it prima facie appears that section 2(d) of the act does carve out an exception if it is a mere mechanical devise and has no appeal to the eye. in order to appreciate ..... by the plaintiff in the plaint, per se, cannot be said as publication, which is barring the registration. in our view, unless a full-fledged fact finding inquiry is undertaken and parties are allowed to lead the evidence, it is not possible to conclude that there was publication of the design as required under the .....
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..... a fine of rs.2000/. in default of payment of fine, the appellant was directed to undergo further simple imprisonment for two months. the learned additional sessions judge found the appellant guilty of the offence punishable under section 201 of the indian penal code, and consequently, sentenced him to suffer rigorous imprisonment for two years, ..... hypersensitive person, but upset also a person of ordinary sense and calmness. the law does not take into account the abnormal creatures reacting abnormally but contemplates the acting of normal beings in given situation. in a marital life, wear and tear between the husband and wife is very mundane, and by chance, if there ..... while being deprived of the power of self control due to grave and sudden provocation offered by the deceased. the test to determine whether the accused acted under grave and sudden provocation is whether the provocation given in the circumstances was likely to cause a normal and reasonable person belonging to the same class .....
Tag this Judgment!Court : Gujarat
..... charge-sheet on 12th december, 2001, the petitioner came to be suspended by order dated 20th march, 2002, while he was serving as joint district judge, rajkot. in that inquiry, three-fold charges were leveled. the first charge was that the petitioner did not deliver the judgments for considerable long time after hearing of arguments. the ..... february, 2005 in connection with the alleged irregularities committed by the petitioner during the same period while he was serving as a joint district judge, bhavnagar. in that inquiry, statement of charges contained as many as 17 imputations. 2.5 the petitioner filed his reply on 26th july, 2009. in the said second departmental ..... and should not glibly swallow what is strictly speaking not relevant under the evidence act. 9.2 apart from the contention that the said document was not duly proved in the inquiry proceedings and it did not contain the signature of the district judge, what is relevant to state is that the disciplinary authority relied on the .....
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