Court : Gujarat
Reported in : AIR1987Guj113; (1987)1GLR437
..... not sufficient to meet the requirements of the developing economy and hence the introduction of 'social control' by enacting the banking laws (amendment) act, 1968. ..... the considerations, of the public interest which have been narrated hereinabove, it would be conducive to clean public administration that such a cause be not permitted by the court. ..... therefore, even if it were to be conceded that the bombay high court has laid down a general proposition as is sought to be contended by counsel for the bank on the aforesaid ground aloe the decision in dhunjibhoy's case 1988 89 itr 13 will not be of any help while deciding the question as to whether the execution ..... in a large number of cases where a money decree is passed, this court generally does not grant stay unless the defendant deposits the amount in court. ..... while deciding the matter, the supreme court held that under section 128 of the indian contract act, save as provided in the contract, the liability of the surety is co-extensive with that ..... was declared as a ' relief undertaking' under the provisions of the bombay relief undertaking (special provisions) act, 1958, for a short period which was extended from time to time up to october, 1974. ..... even so, we fail to understand that after the enactment of the banking companies act and after its implementation with full vigor and even after the introduction of the word 'socialist'in the preamble to the constitution in the year 1976, the management of the bank refuses ..... and bengal hotels .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)3GLR1873
..... attempt by making false allegations in the memo of petition and in the booklet jagrut parivar but now the petitioners have realised that they have to face prosecution because of their illegal act of preparing, publishing, editing, circulating and dispatching defamatory material by publishing the booklet jagrut parivar and therefore they are saying that they have not published the same and they are not ..... central bureau of investigation and such power was neither exercised to give any advantage to a political party or group of people nor to cast a slur on the state police, but was done to investigate corruption in public administration, misconduct by the bureaucracy, fabrication of official records, and misappropriation of public funds by an independent agency that would command public confidence. ..... legislative history of this section is concerned, it is to be noted that it has been introduced by criminal law amendment act (xxv of 1927), section 2. ..... by the party are required to be proved, no inference can be drawn on the basis of this material to conclude that the complaint cannot be proceeded with and that the court should not act on annexure to the petition under article 226 of the constitution, which cannot be termed as evidence without being tested and proved. ..... the judgment pressed into service by the learned additional advocate general is applicable to the facts of the present case. ..... the judicial committee however, stands noted in sanchaita investment (state of west bengal v. .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)3GLR2336
..... v. state of bihar (supra) wherein it is held that when a plea is raised on behalf of an accused that he was a schild within the meaning of the defination of the expression under the act, it becomes obligatory for the court, in case it entertains any doubt about the age as claimed by the accused, to hold an inquiry itself for determination of the question of age of the accused or cause ..... held that the high courts and the subordinate courts are expected to deal with such cases with more sensitivity, as otherwise the object of the acts would be frustrated and the efforts of the legislature to reform the delinquent child and reclaim him as a useful member of the society ..... expedient to re-enact the existing law relating to juveniles bearing in mind the standards prescribed in the convention on the rights of the child, the united nations standard minimum rules for the administration of juvenile justice, 1985, the united nations rules for the protection of juveniles deprived of their liberty (1990), and all other relevant international instruments, the present act was enacted by the ..... convicted. in view of the clear bar contained in the west bengal children act, the court ruled that the entire trial of the ..... following documentary evidence:(1) birth certificate - ex.70 (2) extract from the birth and death register maintained by the village panchayat for the year 1987 - ex.71 (3) extract from page-16 of the general register of sant road primary school - ..... . 1 to make necessary amendment in the memo .....
Tag this Judgment!Court : Gujarat
Reported in : [1965]16STC973(Guj)
..... is made in his favour, he asks the court to compel the authorities to carry it out can it be said that any injustice would result from granting such relief do the basic principles of administration of justice not require that once an order is passed by a superior tribunal and it has become final and conclusive, it must be carried out by the subordinate authorities if the subordinate authorities ..... sales tax authorities, the search of the premises of the outside dealer by them and the imposition of penalties on him by reason of his non-compliance with the various provisions contained in the act amongst others are unwarranted and illegitimate exercise of the powers incidental to the power of taxing sales or purchases conferred upon the state of bihar by article 246(3) and the entry 54 ..... and the only amounts which he could lawfully collect from the purchasers under sub-section (1) of section 8b were amounts in respect of sales on which tax was lawfully leviable under the act and that sub-section (2) of section 8b did not, therefore, require him to pay over to the state amounts collected by him by way of tax in respect of sales on ..... amendment was opposed by the learned advocate-general appearing on behalf of the respondents and the grounds which he urged against granting the amendment were : (1) that the petition was filed as far back as 8th august, 1962, whereas the amendment was applied for more than a year after the date of the filing of the petition, and (2) that the amendment ..... .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)2GLR1230
..... . dena bank through authorised officer (supra) wherein learned single judge turned down the contention regarding the election of remedies even after the amendments in the act of 1993 were made by the amending act of 2004.10.4 it was further pointed out that in the case of petitioners also in the earlier round of litigation, learned single judge of this court in the order dated 21-3-2006 passed in special civil application ..... reported in : (2005)3mlj394 , division bench of madras high court also held that despite the provisions contained in sub-section (1) of section 19 of the act of 1993 as amended by the amending act of 2004, there is no requirement that bank or financial institution must first withdraw the proceedings from debts recovery tribunal before initiating action under the act of 2002.34.2 division bench of nagpur bench of bombay high court in the case of wardhaman samjibhai dharamsi and anr. v ..... union of india reported in : [1981]2scr533 in paragraph 28, it was observed that earlier though it was generally thought that the rules of natural justice will apply only to judicial or quasi-judicial proceedings, in india the courts have held that even an administrative order or decision in matters involving civil consequences, has to be made consistently with the rules of natural justice ..... this court, therefore, should reject the contention of the petitioners in this regard.10.6 basing reliance on the observations made by the hon'ble supreme court in the case of state of west bengal v .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2008Guj57; 2008GLH(1)386
..... not included in the second schedule may apply to the central government to have any such qualification recognised, and the central government, after consulting the central council, may, by notification in the official gazette, amend the second schedule so as to include such qualification therein, and any such notification may also direct that an entry shall be made in the last column of the second schedule against such medical qualification ..... vaids/ hakims who have obtained degrees in integrated courses claim right to practise allopathic system of medicine.further the question is as it appears in para 16, what is the impact of the indian medical council act, 1956 and imcc act, 1970 on rule 2(ee)(iii) of the drugs rules and the notifications issued thereunder and whether the persons who have qualified the integrated courses in ayurveda and unani from various universities are entitled to practise ..... far as the gmp act is concerned, it is enacted to consolidate and amend the law regulating the qualifications and providing for registration of practitioners of the ayurvedic and unani systems of medicine and make certain provisions regulating medical practitioners generally practicing in the state of ..... him, it is merely in the form of administrative instruction which has no statutory force. ..... declarations, notified vaids/hakims claim right to prescribe allopathic drugs covered by the indian drugs and cosmetics act, 1940 (for short 'the drugs act'). ..... west bengal medical council reported in : [ .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)2GLR964
..... aspect of permitting such a pipeline through marine sanctuary under wild life (protection) act, 1972 was examined by the additional advocate general of gujarat, additional solicitor general of india, solicitor general of india and attorney general of india and that as opined by the additional solicitor general, solicitor general and attorney general, such pipeline through a sanctuary can be permitted under section 29 of the wild life (protection) act, 1972, if the damage is negligible and reversible and at the same time ..... avoid absurdity or unintended unjust results by applying the doctrine of purposive construction.in para 9 of this judgment, the supreme court has observed that the intention of the statutory amendment is clear and expressive, words cannot be interpolated.in the case of nelson motis (supra-ii), the supreme court was concerned with the case of disciplinary proceedings under art. ..... of various cases which have been cited before us on behalf of both the sides as discussed above, the following principles are clearly deducible :(i) in the case of administration of justice, the adaptability and flexibility is to be taken as the virtue of the law and apply the law accordingly depending upon situation. ..... state of west bengal, reported in : [1987]2scr223 , when the controversy relating to environmental protection was raised, the supreme court observed in para 3 of the judgment that the industrialisation, urbanisation, explosion of population, over-exploitation of resources, .....
Tag this Judgment!Court : Gujarat
Reported in : 2005CriLJ2957; (2005)1GLR709
..... . one of the main aims and objects of introduction of certain provisions in general and for the introduction of 'plea bargaining' by amendment in the code of criminal procedure in particular, has been the speedy disposal of criminal ..... . we all belong to such a fold, wherein we owe a duty to contribute for restructuring and reshaping administration of law and justice, so as to provide expeditious easy and less complex and less processual, for making it easily accessible and affordable for common and pauper litigant, which is as such a heart of judicial anatomical atlas and ..... . the plea of 'nolo contendere', barring a few percentages of cases, has been recognised in the administration of criminal justice in many countries, including the united states, and has resulted into substantial reduction in the workload of the criminal justice ..... the law commission of india in its 11th report of judicial administration, has clearly adverted to this problem and has observed :'the theory that more severe the punishment the greater the deterrent effect is itself a matter of ..... the very object of law is to provide easy, cheap and expeditious justice by resolution of disputes, including the trial of criminal cases, and considering the present realistic profile of the pendency and delay in disposal in the administration of law and justice, fundamental reforms are inevitable ..... in that case, the question was interpretation of the proviso contained in section 27(b)(ii) of the 'drugs and cosmetics act, 1940' .....
Tag this Judgment!Court : Gujarat
Reported in : (1997)3GLR1984
..... proceedings are dealt with under the indian arbitration act, 1940 only consequently what could have been saved is any proceedings initiated under the old act and continued at the time of commencement, 1937 and 1961 foreign awards acts refer to availing the fruits of accrued right only ..... burton, second edition, the meaning is given as under : enforcement : administration, carrying into effect, carrying out, co-action, compulsion compulsory execution, constraint, dictation, effectuation, ex-action, execution, force, forcible urging, implementation, imposition, insistence, insistence upon, necessitation, necessity, obligation, obligement, pressure, requirement, ..... that repealing section 85 is self-contained and provision for positive and negative aspect, therefore, is to be interpreted keeping in mind intention of legislation without taking recourse to any other provision much less section 6 of the general clauses act as held by the supreme court in the case of indira sohanlal v. ..... only question that we have to consider is whether it can be considered as a 'right accrued' within the meaning of section 20(1)(b) of the code of civil procedure (amendment) act, 1951. ..... ), even for the sake of arguments, if we refer to clause (a) to section 6 of the general clauses act, it is abundantly clear that when is saved by repealing clause is the right in force and in existence unless a different intention appears that the repeal shall not revive anything not in force and not in existence at the .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)2GLR1615
..... with reference to section 76-a as inserted in the principal act by the amending act it is stated that it has been observed that experienced, qualified and competent managing directors or chief executive officers of societies are arbitrarily removed by the society and in their place ..... programmes approved or undertaken by the state government or for linking and co-ordinating of co-operative activities such as marketing and credit or securing the proper management of the business of the society generally or preventing the affairs of the society being conducted in a manner detrimental to the interest of the members, or of the depositors or the creditors thereof, it is necessary to issue directions to any class of societies ..... appears that the said recruitment is against the moral responsibility to be performed by gujcomasol as trustee of the member cooperative societies.decision has administratively been taken by giving opportunity to all concerned to make representation after taking into consideration aforesaid observation and conclusion and order of hon'ble high ..... no power to interfere with the private management affairs of society in respect of mode of recruitment and appointments of employees of the society, then, registrar has no power to interfere in the day to day administration of societies and except section 160 of the act, there is no any other greater power under the act given to the registrar which can interfere with the private management affairs of the society. ..... bengal .....
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