Court : Gujarat
..... paschimanchal [supra], the two-judge bench of the supreme court had no occasion to consider the question as to whether sub-clauses[g] and [h] of clause 4.3 of the electricity supply code were ultra vires the provisions of the electricity act, 2003 and, therefore, the observation of the supreme court that, a stipulation of the distributor that dues in regard to the electricity supplied to a premises should be cleared before the electricity supply is restored or new connection is given ..... means any person who is supplied with electricity for his own use by a licensee or the government or by any other person engaged in the business of supplying electricity to the public under this act or any other law for the time being in force and includes any person whose premises are for the time being connected for the purpose of receiving electricity with the works of a licensee, ..... a new connection although there are provisions of taking security or imposing other additional conditions for supply of electricity to a consumer, by taking aid of section 50, the regulatory commission, a delegated authority prescribed under the act, is not authorized to specify in the electricity supply code a condition, of deposit of arrears of a previous consumer whose electricity has already been disconnected, for grant of new connection in the same building. ..... reported in air 2007 sc 2 [32] paschimanchal vidyut ..... reported in air 2007 orissa 37(1) [13] shree steel ..... reported in 2007 (13) scc 673 [5] vasantlal .....
Tag this Judgment!Court : Gujarat
..... the government of gujarat enacted the gujarat closed textile undertakings (nationalisation) act, 1986 for acquisition and transfer of closed textile undertakings and for ascertainment of right, title and interest of the owners in respect of such undertakings in order to re-organise and re-construct such undertakings ..... after the enactment of the gujarat closed textile undertakings (nationalization) act, 1986, every specified textile undertaking and the right, title and interest of the owner, in relation to every such textile undertaking, stood transferred and vested, absolutely in the state government and consequently ..... state of jharkhand and others, (2007) 8 scc 279, the apex court held that fixation of pay scale is a delicate mechanism which requires various considerations, including financial capacity, responsibility, educational qualification, mode of ..... the central government has to act as a model employer and such specious pleas on its part are highly improper and ..... according to section 3(1) of the act, every specified textile undertaking and the right, title and interest of the owner in relation to every such textile undertaking, shall stand transferred and vested absolutely in the state government and according to ..... [2007 (7) scc 710], the court consciously and repeatedly deviated from the ruling of ..... , (2007) 1 scc 408, the apex court held that functions relating to creation of posts, appointment to posts, regularization, fixation of pay scales, continuation in service, .....
Tag this Judgment!Court : Gujarat
..... relevant provisions of the bank of india (employees') pension regulations, 1995 : bank of india (employees') pension regulations, 1995 in exercise of the powers conferred by clause (f) of sub section (2) of section 19 of the banking companies (acquisition and transfer of understandings) act, 1970 ( 5 of 1970), the board of directors of bank of india, after consultation with the reserve bank of india and with the previous sanction of the central government hereby makes the following regulations, namely:- chapter i preliminary 1. ..... regulation 4 prescribes the penalties which may be imposed on an officer/employee for acts of misconduct or for any other good and sufficient reason. ..... the bank of india (employees') pension regulations, 1995 were framed by the board of directors of the appellant-bank 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. .....
Tag this Judgment!Court : Gujarat
..... ram veer singh and ors, reported in 2007 air scw 5553 and in girja prasad (dead) by lrs vs. ..... the presumption under section 20 of the act is also not clearly established by the prosecution. ..... as per the provisions of section 7 of the act, the demand is required to be proved. ..... nair for the respondent-accused has submitted that entire edifice of the prosecution case fall to the ground as the three main ingredients as envisaged under the provisions of the prevention of corruption act, and most specific aspect i.e. ..... state of mp, reported in 2007 air scw 5589. ..... reported in (2007)3 scc 75, the court has reiterated the powers of the high court in such cases. ..... learned special judge, first fast track court, valsad in special (corruption) case no.32 of 2002, whereby the respondent-accused was acquitted of the charge for offence punishable under section 7 and 13(1) (gh) and 13(2)of the prevention of corruption act. 2. .....
Tag this Judgment!Court : Gujarat
..... thus, the only question which falls for my consideration in this petition is as to whether the respondents were justified in issuing a charge-sheet against the petitioner for acts of irregularities committed more than two decades back at the last minute when the petitioner was due for promotion to the post of superintending engineer and more particularly when the departmental promotion ..... in the present case, it appears that the authorities of government had sought for the explanation of the petitioner so far as the acts of irregularities are concerned way back in the year 1996, to which the petitioner had replied satisfactorily at the relevant point of time but, even at that point of time, the department did not deem fit ..... of the order dated 11.10.2006 passed by the hon'ble court and the order dated 16.3.2007 are annexed herewith and collectively married as annexure-i to this rejoinder. ..... submitted that issuance of charge-sheet and departmental inquiry could not have been considered as a factor against the petitioner because the government chose to keep quiet over the alleged act of irregularity for more than 2 decades in spite of being in knowledge of the same. ..... a copy of the said government resolution dated 4.8.2007 is annexed herewith and marked as annexure-iii to this rejoinder ..... further respectfully stated that thus, it is clear that the state government has consistently followed the policy decision and has ultimately, issued in the form of government resolution dated 4.8.2007. .....
Tag this Judgment!Court : Gujarat
..... copy of deposition of the respondent is produced on record and on going through such deposition, it becomes crystal clear that petitioner had categorically stated in cross-examination that 'yes' he has filed a divorce petition on 16.12.2007, which is proved on record at exh.68 and there is clear admission that it is true that he has not withdrawn such divorce petition on the ground that he would like to restitute the conjugal rights with the petitioner. ..... it is further submitted that practically husband never wants to keep the petitioner-wife with him, inasmuch as, he has preferred a divorce petition being hmp no.1418 of 2007 on 16.12.2007 and he has yet not withdrawn such petition though there is a decree of restitution of conjugal rights in favour of the wife. ..... the trial court has passed an order to pay maintenance of rs.8000/- per month under section 24 of the hindu marriage act and such order was confirmed by the high court of gujarat in special civil application preferred by the husband. ..... the record also shows that petitioner has proved at exh.25 in hmp no.1418 of 2007 the detail of investment made by the respondent which confirms that respondent has invested at least rs.10 lac in equity-shares, mutual funds, bond etc. ..... so far as, income of the respondent-husband is concerned, the fact remains, as admitted by the respondent himself in his examination-in-chief in hmp no.1418 of 2007 filed by wife under section 9 of the hindu marriage act for restitution of conjugal rights. .....
Tag this Judgment!Court : Gujarat
..... exh.65 of the respondent association for interim relief, without dealing with the preliminary objections of the petitioner company that the respondents are not the workmen within the meaning of section 2(s) of the industrial disputes act, 1947 and are therefore not entitled to any relief, much less the interim relief. 3. ..... (iv) judgment of hon'ble the supreme court of india in the case of arun kumar and others versus union of india and others reported in (2007) 1 scc 732. ..... (v) judgment of hon'ble the supreme court of india in the case of garrison engineer (utility), bhatinda versus narinder singh reported in (2007) 11 scc 35. 7. ..... respondents are the officers and managerial staff of the petitioner company and they are not the workmen and therefore, they will not be entitled to claim any relief or protection under the industrial disputes act, 1947. .....
Tag this Judgment!Court : Gujarat
..... this court thus partly allowed the said petition by order dated 26.11.2007 with direction to the department to reconsider the matter afresh in light of the above-said observations. ..... (b) the disciplinary authority to which the records are so forwarded, may act on the evidence on the record or may, if it is of the opinion that further examination of any of the witnesses is necessary in the interest of justice, recall the witness and examine, cross-examine and reexamine the witness and may ..... an inquiry officer acting in a quasi judicial authority is in the position of an independent adjudicator. .....
Tag this Judgment!Court : Gujarat
..... what has really left us baffled is the fact that the radio frequency waves used for mobile phones are not covered under the definition of "radiation" as given in the atomic energy act, 1962 and the non-ionizing radiations do not have the capability to ionize the matter with which they interact. ..... the respondent no.2 is a company registered under the companies act, and is engaged in the business of communication. ..... , reported in air 2007 kerala 33 has observed that the surveys conducted in proximity to the base stations indicated that the public was exposed to extremely low intensity rf fields in the environment and all the evidences indicated that they ..... the residents of the malhar residential flots have formed a society, known as "the muktipark co-operative society, part iv", registered under the gujarat cooperative societies act. .....
Tag this Judgment!Court : Gujarat
..... what has really left us baffled is the fact that the radio frequency waves used for mobile phones are not covered under the definition of "radiation" as given in the atomic energy act, 1962 and the non-ionizing radiations do not have the capability to ionize the matter with which they interact. ..... the respondent no.2 is a company registered under the companies act, and is engaged in the business of communication. ..... , reported in air 2007 kerala 33 has observed that the surveys conducted in proximity to the base stations indicated that the public was exposed to extremely low intensity rf fields in the environment and all the evidences indicated that they ..... the residents of the malhar residential flots have formed a society, known as "the muktipark co-operative society, part iv", registered under the gujarat cooperative societies act. .....
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