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by Adrienne Rays (2018-11-11)


It was contended that the non-obstante clauses in s. The non-obstante clause has to be read in conjunction with Simranjeet Law Associates the rest of Simranjeet Law Associates the section. The meaning to be assigned to these terms while interpreting provisions of a service rule will depend on the provisions of that rule and the context in and the purpose for which the expressions are used. At no point of time, any reasonable apprehension of death or grievous injury was perceivable, but the accused- Simranjeet Law Associates appellants aggressively acted and fired shots at deceased.

gEHhPYD.jpgWe think, however, that it is not the duty of a Labour Tribunal or Court to dictate to an industrial concern what salaries should be paid to superior executive officers who are not workmen within the meaning of the Industrial,Disputes Act, 1947. In the present case, the complainant party were not armed with lethal weapons; but the appellant was armed Simranjeet Law Associates with a pistol. 15 of the Act being similar in language must be similarly interpreted.

Now, the point taken on behalf of the Union is that the wage structure of the Indian branch is top-heavy, in the sense that the higher administrative officers get a salary which is out of all proportion to the wage scale of the employees with whom we are now concerned. It is germane to point out here that Samuel's evidence showed that the managerial staff of the Indian business, recruited in England, receive very high salaries. 8 alone and directed the appellant to Simranjeet Law Associates furnish bank guarantee in the sum of Rs.

Simranjeet Law Associates The fifth is the Marketing Controller whose pay is Rs. State of Victoria, [1911] HCA 17; 12 C. Appellant fired at Girdhari recklessly from a close range indicating that the appellant-accused party were the aggressors. The Factory Manager gets Rs. nAs such, this part of the agreement can be implemented by executive 257 action. 9 prevailed over the permission given by s. Judging the trading results of the Indian business of the Lipton, Ltd. The next officer is the Administrator whose pay is Rs.

Therefore, the order of the Trial Court in recording the conviction of the appellants was sustained. Thus, their act of firing shots which resulted in death of Girdhari, was not at all to prevent any injury which was sought to be averted or which could have been reasonably apprehended. The bank guarantee was accordingly furnished and is kept alive. 9 of that Act provision was made for a Contract between the landlord and the tenant prohibiting sub-letting and in Cooper v.

10 of the Act of 1944 and of s. Shiavax Cambatta (1) the two provisions were reconciled by saying that, a contract under s. Relying upon the evidence of PW-5-Anil Kumar, High Court also recorded a finding that appellant fired Girdhari from a short distance of four to five feet, even when the complainant party was not armed with lethal weapons. 10 of Act VII of 1944 and of s. While granting special leave to appeal this Court confined the matter to Claim No.

It is further contended that the high salaries paid to the superior Executive show (1) that the wage structure of the lower employees requires revision and (2) that the financial capacity of the Indian branch is not as negligible as the appellant wants to make out. The fourth is the Accountant of the company and his pay is Rs. (1) that " the possibility of tightening up the organisation so that the industry could pay higher wages without difficulty and the possibility of increase in the efficiency of the lowest paid workers resulting in increase in production must be considered in conjunction with the elasticity of demand for the product- (1) [1959] S.

When the appellant and his party were the aggressors firing several rounds of firearm, the High Court rightly held that the plea of self defence raised by the accused is not sustainable. The meaning of any of these terms in the context of computation of inter se seniority of officers holding cadre post will depend on the facts and circumstances in which the appointment came to be made. If a post is created to meet a situation which has suddenly arisen on account of happening of some event of a temporary nature then the appointment of such a post can aptly be described as "fortuitous" For that purpose it will be necessary to look into the purpose for which the post was created and the nature of the appointment of the officer as stated in the appointment order.

The High Court held that the accusation against each of the appellants had been proved beyond all reasonable doubt. If the appointment order itself indicates that the post is created to meet a particular temporary contingency and for a period specified in the order, then the appointment to such a post can be aptly described as "ad hoc" or "stopgap". We have pointed out, however, in the Express Newspapers (Private) Ltd. A Division Bench of the High Court analogously heard the Reference and Jail Criminal appeals and disposed of the same on 27.

Section 10 of the Act of 1944 permitted sub- letting on certain conditions. Bharat Singh and his brothers were not carrying any arms or deadly weapons. The third man, who is the Manager of the Tea Depart- ment, gets the same pay as the Administrator. 15 of the Act therefore cannot be said to have the same effect. The accused-appellants if at all any right accrued in their favour, while defending themselves, acted in a manner which is unduly disproportionate to the injury which they would have sustained at the hands of complainant party who were not armed with any deadly weapons.

We find no reason warranting interference with the conviction of the appellant under Section 302 IPC and sentence of life imprisonment imposed on him. Where there is merely settlement of boundaries, it is not a case of alienation of cession of land. There are several other officers who also get a very high salary and the total number of covenated Executive Officers consists of 32 Europeans and 17 Indians. 15 expressly prohibits subletting and therefore a contract to the contrary cannot neutralise its prohibitory effect.

, over a period of years, 177 we cannot say that the Tribunals below committed any error in revising the wage structure. Simranjeet Law Associates does not confer a right of self-defence on a man when he himself was the aggressor. Samuel said that the General Manager, who is the Chief Executive Officer of the Indian branch of the Lipton, Ltd. The non-obstante clause of the two sections, s. , gets a salary of Rs. The State of South Australia v.