Court : Gujarat
Reported in : (2002)4GLR3127
..... ahmedabad in sessions case no. 208 of 1998, by which the appellant is convicted under sections 8(c) and 21 of the narcotic drugs and psychotropic substances act, 1985 (`the ndps act' for short) and punished with r.i. for 10 years and a fine of rs. 1 lac (rupees one lac only), in default to undergo r ..... the hazardous nature of a narcotic drug or psychotropic substance, their vulnerability to theft, substitution, constraints of proper storage space or any other relevant consideration, the act has provided for disposal of the seized narcotic drugs or psychotropic substances.in cases when the muddamal is so disposed, then under sub.section 4, it is ..... has complied with the mandate of a provision which is mandatory, with a pragmatic approach. what is emphasised thereunder is that the law under the aforesaid act being stringent towards the persons involved in the activity of illegal drug trafficking and drug abuse, the legislature has made certain provisions obligatory for the prosecution to .....
Tag this Judgment!Court : Gujarat
Reported in : [1998]92CompCas344(Guj); (1997)3GLR2041
..... ] 73 comp cas 590, the high courts of bombay, andhra pradesh, kerala, madras and calcutta have accepted the prosecution under section 138 of the negotiable instruments act, on account of the dishonouring of the cheque on the second occasion. but in all these cases, the facts clearly show that after the first dishonour of the ..... dispute or controversy between the parties is initially and substantially a civil dispute and by the creation of the said provisions of section 138 of the negotiable instruments act, criminal liability is created. therefore, when a civil right has been converted into a criminal liability the provisions of the said section would have to be ..... were dishonoured on the first occasion and the prosecution is lodged after the second dishonour by taking recourse to provisions of section 138 of the negotiable instruments act and the complainant had failed to take action against the petitioner when the cheques were dishonoured on the first occasion, and he is not entitled to .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1969Guj79
..... born at the village of tanda in hazara district. this district of hazara was a part of british india upto the coming into operation of the independence act of 1947. that independence act created two sovereign territories out of the territory of british india; namely the dominion of india and the dominion of pakistan and this district of hazara has, ..... village of tanda was a part of the territory of british india. this domicile in british india of the plaintiff's father continued to remain with him until the independence act of 1947 was passed and british india was partitioned into the two dominions of india and pakistan, on august 15, 1947. mr. mehta's contention is that since ..... 15, 1947 and the whole of the territory of british india which existed prior to august 15, 1947 was divided into two portions and each portion became, by that act, a sovereign state. therefore, on august 15, 1947 since the territorial unit named british india ceased to exist and there was no place on the map of the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1971Guj1; 1971CriLJ41; (1971)0GLR105
..... of opinion that such as case ought to be tried by such court, i.e., court of session.21. the question for consideration, therefore, is whether these provisions would control the provisions of sections 28 and 29 of the code. so far as the offences under the indian penal code are concerned, even though such offences are triable by the ..... to the view that i propose to take. but on critical examination, it appears that that is not the correct position. section 20 of the prevention of food adulteration act (act no. 37 of 1954), sub-section (2) reads:-'no court inferior to that of a presidency magistrate or a magistrate of the first class shall try any offence under ..... shall take cognizance of as well as try such offences and all other courts are prohibited from taking cognizance of as well as trying any such offences under this act. this is act no. 19 of 1929.8. we will now refer to the relevant provisions of the criminal procedure code (which will be hereinafter referred to as the code.)9. in .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1966Guj239; 1966CriLJ1128; (1966)0GLR544
..... the admission of which has caused that prejudice. if any evidence is not admissible it may be left out of consideration as permitled by section 167 of the indian evidence act i am not, therefore, able to accept his submission that the accused are prejudiced also in sessions case no. 4/65 and on that ground the conviction in that ..... earlier examined in a proceeding between the parties, is dead or is not available though living for any of the reasons set out in section 33 of the indian evidence act. in such a case, it is permissible to have his evidence given in the earlier proceeding brought on record as evidence at the subsequent proceeding. if the conditions laid ..... down in that section are satisfied. now, in the present case, it is not the prosecution case that section 33 of the indian evidence act was attracted or that thelearned judge purported to act under that section. in fact there is no order of the judge in the record. in the body of the judgment, the learned judge merely .....
Tag this Judgment!Court : Gujarat
Reported in : [1974]96ITR217(Guj)
..... was also a creature of the statute. levy, collection and refund are also creatures of the act and if the special channel to obtain refund provided by rule 34 fails or cannot be made use of on account of circumstances beyond the control of an importer, the liability of the panchayat to refund it and the right of an ..... rules of the gram panchayat was rendered inapplicable on account of the facility granted to an importer under rule 34b or on account of any other circumstances beyond the control of an importer, his right to obtain refund and the liability of the panchayat to grant refund were not extinguished. in addition to the remedy of having ..... revision because of the bar of limitation. we, therefore, recommend that in each of four direct taxation statutes, namely, the income-tax act, the wealth-tax act, the gift-tax act and the estate duty act, a special clause should be added in the relevant section providing for the refund by the commissioner or equivalent officer so that the revisional .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1982Guj58; (1982)1GLR171
..... sc 1110, it was held that where the examination committee is required under the regulations to deal with the examinees using unfair means in examination halls, it is acting quasi-judicially and is bound to observe the principles of natural justice. that was a case in which the committee cancelled the results and debarred the examinees from ..... a court of civil jurisdiction. to put an end to this judicial controversy, an explanation come to be added to section 141, code of civil procedure, by amendment act. 1976, whereby proceedings under article 226 of the constitution are taken out from the purview of the code of civil procedure. it. therefore, becomes obvious that the provisions ..... of a civil court's decree is not to be invoked when the high court's prerogative writ jurisdiction is being exercised. section 34 of the specific relief act, 1963 will not be attracted to such proceedings under art. 226 of the constitution of india. to me it surprises that though there was overall discussion about .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1964Guj223; 1964CriLJ541
..... section 38, the drafting would not have been so pretty. in this connection, we have also to remember the provisions of the indian law reports act. section 4 of that act clearly provides that that act has no bearing on the effect of judgments.43. the declaration of law made by the supreme court in : 1960crilj1156 is binding on all courts ..... ought generally to follow the decision of a court of co-ordinate jurisdiction but judges are not entitled to legislate or to bind their successors to a construction of an act. which the language plainly does not justify. according to sir john beaumont the decision of a judge is not binding.40. we have to see whether judgments would ..... unless the statement is res judicata. the reasoning in a judgment is also not relevant in another case. in fact, it is provided in section 43 of the evidence act that judgments, orders or decrees, other than those mentioned in sections 40, 41 and 42 are irrelevant, unless the existence of such judgment, order or decree is fact .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1985Guj68
..... disputed structure is within the limits of gandhidham town in kutch district. in the year 1957, the then bombay legislature enacted the said gandhidham act. the said act was to provide for development of gandhidham, for the control on erection of buildings therein and for certain other matters. it extended to the whole of gandhidham in the kutch area now in the state ..... bearing no. bbz-n2 of gandhidham, has challenged the order passed by the board of appeal under s. 19 of the gandhidham (development and control on erection of buildings) act, 1957, hereinafter referred to as the gandhidham act. as the said board has passed the order deciding the lis between the parties in a quasi-judicial manner, even though the said board is .....
Tag this Judgment!Court : Gujarat
Reported in : 2001CriLJ1474; (2001)3GLR2261
..... original accused nos. 2 and 3 were facing trial before the special court, surendranagar for an offence under section 7(1)(a)(ii) of the act read with clause 13 of the control order. in those proceedings they made an application exh, 39 praying for rejection of the complaint on the ground that it was barred by limitation ..... a)(ii) thereof. 3. the relevant provisions which are required to be kept in mind from the said act, the act of 1981, and the order as well as the code are as under :- 'the essential commodities act, 1955. section 3. powers to control production, supply, distribution, etc., of essential commodities :- (i) if the central government is of opinion that ..... their order. therefore, the nature of the contravention alleged in the complaint which is relatable to clause 13 of the fertilizer control order, 1957 would not fall under section 7(1)(a)(i) of the act for which a lesser punishment of imprisonment which may extend upto one year is provided, but would fall under sub-clause (ii .....
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