Court : Gujarat
..... under these circumstances, we fail to understand as to how one can accept the observation of the learned presiding officer, labour court that the departmental inquiry could be initiated that too for a trainee worker more particularly when the postal article forwarded to the trainee had been returned with the postal endorsement ..... has vehemently submitted that before terminating the services of the respondent, no opportunity of hearing was given to the respondent nor was there any departmental inquiry held against the respondent for which the alleged misconduct against the respondent for remaining absent without leave. he has, then submitted that the presiding officer ..... there is violation of section 25-f of the industrial disputes act, 1947 (for short, 'the act') and so the termination of service of the present respondent is illegal. learned counsel for the appellant has then submitted that the learned single judge has placed reliance on the list of events and accordingly observed .....
Tag this Judgment!Court : Gujarat
..... at palanpur, in special case no. 33 of 1998, whereby, the learned special judge has convicted the appellant accused no.1 for the offence under section 7 read with section 13(1)(d) and 13(2) of the prevention of corruption act and sentenced him to undergo rigorous imprisonment of 18 (eighteen) months and to pay a fine of rs. 5, ..... 400/- was paid to the accused no.1 on the spot. it is alleged that thereafter on 24.9.1997 the complainant contacted the accused no.1 and made an inquiry as to whether accounts are separated or not and at that time the accused no.1 has demanded more amount of rs.500/- to complete the work. the complainant, ..... which the appellant-accused no.1 has denied the case of the prosecution.6. after considering the oral as well as documentary evidence and after hearing the parties, learned special judge, banaskantha district at palanpur, vide impugned judgment and order dated 13.3.2003, held the appellant accused no.1 guilty to the charge levelled against him and awarded the .....
Tag this Judgment!Court : Gujarat
..... guaranteed under article 19 and protection of right to personal liberty under article 21 of the constitution of india, role of the investigating officer, public prosecutor and a judge involved in consideration of anticipatory bail and striking balance between societal interest namely on the one hand about requirement of shielding the society from the hazards those committing crimes ..... and in para 98 held as under:"98. the court which grants the bail has the right to cancel the bail according to the provisions of the general clauses act but ordinarily after hearing the public prosecutor when the bail order is confirmed then the benefit of the grant of the bail should continue till the end of the ..... the event of their arrest for non-bailable offence punishable under sections 395, 365, 506, 294 (kh) of indian penal code and section 135(1) of bombay police act.2. as per the case of the complainant who is studying and also a friend of accused no.1, on 17.3.2011 called accused no.1 and rakesh to .....
Tag this Judgment!Court : Gujarat
..... jurisdiction under article 226 of the constitution of india'.5. for the aforesaid reasons, we do not find any illegality in the order passed by the learned single judge. this appeal fails and is according dismissed."10. similar view has been taken by larger bench of apex court in case of sadhna lodh v. national insurance ..... other person raising the dispute may make an application to the controlling authority for deciding the dispute.(c) the controlling authority shall, after due inquiry and after giving the parties to the dispute a reasonable opportunity of being heard, determine the matter or matters in dispute and if, as a result of ..... ."5. the petitioner corporation is having alternative effective statutory remedy of appeal against order passed by controlling authority under section 7(4) of payment of gratuity act,1972 to prefer appeal to appropriate government or such other authorities as may be specified by appropriate government in this behalf. therefore, a separate and independent .....
Tag this Judgment!Court : Gujarat
..... release the applicant only if not required in connection with any other offence for the time being.8. if breach of any of the above conditions is committed, the sessions judge concerned will be free to take appropriate action in the matter.9. bail before the lower court having jurisdiction to try the case.10. rule is made absolute. application is ..... to the satisfaction of the lower court and subject to the conditions that he shall,1. not take undue advantage of his liberty or abuse his liberty;2. not act in a manner injurious to the interest of the prosecution;3. mark his presence before the concerned police station on 1^st sunday of every month between 10:00 am ..... punishable under sections 143, 147, 148, 149, 302, 307, 324 and 504 of ipc coupled with sections 3(1)(10) and 3(2)(5) of the prevention of atrocities act.3. heard learned advocate mr barot for the applicant-accused and mr kodekar, learned app for the state. perused the fir and papers of the chargesheet.4. learned advocate mr .....
Tag this Judgment!Court : Gujarat
..... the court;7. surrender their passport, if any, to the lower court within a week.7. if breach of any of the above conditions is committed, the sessions judge concerned will be free to issue warrant or take appropriate action in the matter.8. bail before the lower court having jurisdiction to try the case. it would be open ..... not take undue advantage of their liberty or abuse their liberty;2. not to try to tamper or pressurize the prosecution witnesses or complainant in any manner;3. not act in a manner injurious to the interest of the prosecution;4. maintain law and order and should cooperate the investigating officers;5. mark their presence before the concerned police ..... of 2010 for the offences punishable under sections 147, 148, 149, 326, 333, 332, 427 of ipc and sections 3 and 7 of the damages to public properties act.3. heard learned advocate mr gondalia for the applicant-accused and mr kodekar, learned app for the state. perused the fir and papers of the chargesheet.4. learned app mr .....
Tag this Judgment!Court : Gujarat
..... the order of punishment is in violation of the rules of natural justice. he had also challenged the inquiry and stated that the inquiry is without jurisdiction. on the basis of the material and evidence the suit was dismissed by the civil judge (s.d.), gondal vide judgment and order dated 31.12.1987.3. against the said judgment and ..... . 4479 of 1982 before the high court which has been rejected. he had also preferred an application before the industrial tribunal under section 33 of the industrial disputes act.12. it is in this background, though, normally, this court would not interfere with the order of the lower appellate court in exercise of discretion under section ..... of the courts below. but it is not an absolute rule. some of the well recognized exceptions are where (i) the courts below have ignored material evidence or acted on no evidence; (ii) the courts have drawn wrong inferences from proved facts by applying the law erroneously; or (iii) the courts have wrongly cast the burden of .....
Tag this Judgment!Court : Gujarat
..... noted neither such a panchnama was produced on record nor any of the panch-witnesses examined.14. essentially, involvement of the accused, therefore, shall have to be judged on the basis of t.i.p. during which the witnesses are stated to have identified him before the executive magistrate, and the identification before the court and ..... 2 years cannot form the sole basis for conviction.21. in the result, i find that the learned judge committed an error in convicting the appellant for offences punishable under sections 397, 398 of ipc and section 25 of the arms act. his conviction and sentence, therefore, are set aside. appellant be released forthwith, if not required in ..... impugned judgment and order dated 24.12.2003 passed by the learned joint district and additional sessions judge, modasa, the appellant was convicted for offences punishable under sections 397, 398 of indian penal code and section 25(1)c of arms act. he was sentenced to r.i. for 7 years and 2 years respectively for the said .....
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..... order dated 28.2.2005 passed by learned joint district judge, anand, in sessions case no. 104/2004, the appellant original accused no. 1 was convicted for offence punishable under section 307 of the indian penal code and section 135 of the bombay police act and sentenced to rigorous imprisonment of seven years and simple ..... his brother jayantibhai was also sleeping, two unknown persons came there looking for jayantibhai. his wife pushpaben therefore, came out and thereafter, had called jayantibhai. upon his inquiry, he was told that people had come to buy liquor. they had therefore, gone to the pan shop of budha. there they had a verbal quarrel but ..... unimpeachable and overwhelming evidence involving the accused in the commission of offence, it is not possible to acquit them only on this account. i find that learned judge committed no error in convicting both the accused. it is true that accused themselves had received injuries and no explanation has been rendered by the prosecution on this .....
Tag this Judgment!Court : Gujarat
..... side drawer of the table. thereafter, the appellant came inside and the complainant went outside and gave signal to the members of raiding party. thereafter, on making necessary inquiry, he took out the currency notes of rs.3,000/- through panch no.1 from the right hand side drawer of the table of the accused. thereafter, ..... the charges leveled against him.13. as against this, mr.jani, learned additional public prosecutor, has contended that the judgment and order passed by the learned special judge is absolutely just and proper. he has contended that the prosecution has proved its case beyond reasonable doubt. he has contended that looking to the overall facts and ..... as well as documentary evidence produced on record. hence, i am of the opinion that the learned special judge has committed error in convicting the appellant for the offense of section 13(1)(d) of the prevention of corruption act. therefore, that portion of the judgment and order of conviction is required to be set aside, but .....
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