Court : Gujarat
..... (c) refund within sixty days after the expiry of the said period of one hundred and twenty days specified in clause (b) the entire amount of the bank's contribution to the provident fund including interest accrued thereon together with a further simple interest at the rate of six per cent per annum on the said amount from the date of settlement of the provident fund account till the date of refund of the aforesaid amount to the bank; or till the 1st day of april 1995 whichever ..... this sub-regulation shall not apply to an employee who is on deputation or on study leave abroad unless after having been transferred or having returned to india he has resumed charge of the post in india and has served for a period of not less than one year: provided further that this sub-regulation shall not apply to an employee who seeks retirement from service ..... answer the aforesaid questions, we may profitably refer to some of the 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 ..... the constitution of india permits a valid classification (see state of kerala ..... 2003 .....
Tag this Judgment!Court : Gujarat
..... sinha had made a categorical statement that the members of the petitioner-union may be granted the benefits so claimed, only after all the outstanding dues of the respondent-corporation are paid-up from the sale proceeds of the respondent-corporation and if, thereafter, the balance funds so available are insufficient to meet with the claims of the members of the petitioner-union, then the petitioner-union undertakes that its members shall not claim a single rupee from the respondent-corporation or shall not raise any claim against ..... 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 section 3(2), the specified textile undertakings, which stood vested in the state government by virtue of section 3(1) shall, immediately, after it has so vested, stand transferred to and vested in the respondent-corporation. 3. ..... , i.d.p.l and others, (2003) 6 scc 490, the apex court held that employees of a sick public sector enterprise continuously sustaining losses cannot claim that their pay-scales be revised and additional expenditure involved due to revision be met by the government and also that employees do not have the right to seek pay revision after having already opted for the voluntary retirement scheme. 4. ..... (vide: secretary, finance department and ors. vs. .....
Tag this Judgment!Court : Gujarat
..... granting bail, the court has to keep in mind the nature of accusation, the nature of evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interests of the public/ state ..... for bail are: i) whether there is any prima facie or reasonable ground to be believed that the accused had committed the offence; ii) nature and gravity of the accusation; iii) severity of the punishment in the event of conviction; iv) danger of the accused absconding or fleeing, if released on bail; v) character, behavior, means, position and standing of the accused; vi) likelihood of the offence being repeated; vii) reasonable apprehension of the witnesses being influenced; and viii) danger, of course, of justice being thwarted by grant of bail ..... order dated 29.3.2014, 3rd addl.sessions judge, mehsana has granted bail to respondent no.2 in criminal misc.application no.180 of 2014 for the offences registered u/ss.143, 147, 148, 149, 302, 307, 324, 504 and 506(2) of the indian penal code as well as section 135 of gujarat police act pursuant to fir registered with mehsana 'b' division police station being i - c.r.no.25 of 2014. ..... in (2003)3 glh 369 contending that at the time of cancellation of bail, the court should not examine the merits of the order .....
Tag this Judgment!Court : Gujarat
..... bigendra nandini choudhary (1967) 1 scr 93:(air 1967 sc 1124) that it is not the duty of the appellate court on the evidence to repeat the narration of the evidence or to reiterate the reasons given by the trial court expression of general agreement with the reasons given by the court the decision of which is under appeal, will ordinarily suffice." 19. ..... she further submitted that the learned trial judge ought to have believed the evidence of dr.bhimshibhai karshanbhai karangiya, who was examined at exh:22 and he has clearly stated in his evidence that after making endorsement regarding the fitness of the deceased complainant, the executive magistrate recorded the dying declaration of the deceased and the said endorsement is at exh:21 which contains the signature of the doctor and the doctor has also identified his signature. ..... "), is directed against the judgment and order of acquittal dated 26.09.2003 passed by the learned additional sessions judge, fast track court, jamnagar in sessions case no.215/2002, whereby the learned trial judge acquitted the original accused-respondent herein, of the charges for the alleged offences. 2. ..... she further submitted that the learned trial judge ought to have seen that the deceased complainant committed suicide within a period of three years of her marriage and therefore, the necessary presumption under section 113(a) of the evidence act, ought to have been drawn. ..... state of kerala and anr, (2006) 6 s.c.c. .....
Tag this Judgment!Court : Gujarat
..... by the code and before reaching its conclusions upon fact, the high court should and will always give proper weight and consideration to such matters as (1) the views of the trial judge as to the credibility of the witnesses; (2) the presumption of innocence in favour of the accused, a presumption certainly not weakened by the fact that he has been acquitted at his trial; (3) the right of the accused to the benefit of any doubt; and (4) the slowness of an appellate court in disturbing a finding of fact arrived at by a judge who had the advantage of seeing the witnesses ..... it is well settled law that for establishing an offence under the provisions of the prevention of corruption act, the prosecution has to establish that on the given date and time, the accused demanded and accepted any amount from the complainant other than his legal remuneration fordoing him some favour during the course of discharge of his duty or not to do something, which he is suppose to do during the course of discharge of his duty. ..... sessions judge, fast track court, amreli (for short, the trial court), dated : 04.08.2003, rendered in special case no. ..... state of kerala, bhagwan singh v. ..... 920 of 2011 31 judgment in state of kerala v. .....
Tag this Judgment!Court : Gujarat
..... , the competent authority may, while deciding the issue of suitability of probationer to be confirmed, ignore the act(s) of misconduct and terminate his service without casting any aspersion or stigma which may adversely affect his future prospects but, if the misconduct/misdemeanor constitutes the basis of the final decision taken by the competent authority to dispense with the service of the probationer albeit by a non stigmatic order, the court can lift the veil and declare that in the garb of termination simpliciter, the employer has punished the employee for an act ..... on to hold that there is direct nexus between the order of discharge of the respondent from service and his absence from duty and, therefore, the order discharging him from service will be viewed as punitive in nature calling for a regular inquiry under rule 16.24 of the rules.we are of the opinion that the high court has gone completely wrong in drawing the inference that the order of discharge dated 16-3-1990 was, in fact, based upon the misconduct and was, therefore, punitive in nature ..... and others reported in (2003)3 scc 263, the hon'ble supreme court has held and observed in para 10 and 11 as under:- 10. ..... kerala state civil supply corpn. .....
Tag this Judgment!Court : Gujarat
..... the civil court decided the suit vide judgment and order dated 3/5/2003 inter alia holding that the scheme where under the right as claimed by the plaintiffs was not acted upon and hence the suit came to be dismissed. ..... secretary, kerala state electricity board and another, respondents, reported in air 1975 s.c. pg. ..... as he thinks necessary] or two or more persons having an interest in the trust and having obtained the consent in writing of the charity commissioner as provided in section 51 may institute a suit whether contentions or not in the court within the local limits of whose jurisdiction the whole or part of the subject-matter of the trust is situate, to obtain a decree for any of the following reliefs:- (a) an order for the recovery of the possession of such property [or proceeds thereof], (b) the removal of any trustee or manager, (c) the appointment of a new trustee or manager, [(cc) vesting any property .....
Tag this Judgment!Court : Gujarat
..... it is further submitted by the learned advocate for the employees, that the petitioner is self finance educational institute and hence, the gratuity rules constituted by the state government are not applicable and as the petitioner institution has more than 10 employees on establishment, the notification dated 3rd april 1997 issued by government of india, the provisions under the payment of gratuity act, 1972 are applicable to workmen as defined under the said act to the educational institution. 17. ..... the court is unable to accept the submission of learned advocate for the petitioner that the petitioner ought not to have been saddled with the liability of payment of gratuity to the respondent no.1 employees on a specious plea that the petitioner has infact applied to the concerned authority on 9th october 2014 for seeking exemption under the provision of section-5 of the payment of gratuity act, 1972. ..... appellate authority, rajkot in appeal no.62 of 2012 and further be pleased to declare that respondent no.1 is not entitled and eligible to get any benefit under the provisions of payment of gratuity act, 1972; (b1) your lordships may be pleased to issue an appropriate writ, order or direction by directing the respondent no.4 to consider the proposal of dated 9th october 2014, as per annexure-f and take decision as early as possible. .....
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