Court : Gujarat
..... process would also come within the purview of the power of judicial review. 35. the returning officer is a statutory authority. while exercising his power under section 36 of the act, he exercises a quasi-judicial power. for the said purpose, the statute mandates him to take a decision. a duty of substantial significance is cast ..... commission by its letter dated 2881997 had brought to the notice of the returning officers certain decisions of different high courts in regard to disqualification under section 8 of the act. it was further desired that such a scrutiny be made by the returning officers looking to the menace of criminalisation of the politics. barring the ..... officer though summary in nature. it is one of the statutory duties of the returning officer to scrutinize the nomination paper in the light of section 8 of the act and he is statutorily authorised to hold a summary inquiry about the qualification and disqualification of a candidate (see birad mal singhvi v. anand purohit .....
Tag this Judgment!Court : Gujarat
..... absolutely unquestionable. 34. let us now see how the courts have viewed the advancement in dna technology. section 53a of the criminal procedure code was introduced by amendment act 25 of 2005 with effect from 25.3.2006. subsection (1) section 53a, provides that a when a person is arrested on a charge of committing an offence of ..... force as is reasonably necessary for that purpose. consent of the accused thus in giving blood sample, etc. is no longer necessary. subsection (2) of section 53a provides that such medical practitioner conducting the examination shall without delay, examine such person and prepare a report of his examination giving various details including the description ..... establishment of the identity of the father of the foetus in any case would not be sufficient to record conviction of the accused for rape and gangrape under section 363, 366 and 376 of the indian penal code. the said decision, in our opinion, therefore, cannot be seen as either rejecting the reliability of .....
Tag this Judgment!Court : Gujarat
..... pay the salaries of its employees. 10. camul indisputably is a co- operative society registered under the provisions of the assam cooperative societies act, 1949. section 85 of the said act provides that every registered society shall be deemed to be a body corporate by the name under which it is registered, with perpetual succession ..... the view we have taken, it is not necessary in this case to examine whether camul was `state' for purposes of article 12. 12. section 43 of the act provides that notwithstanding anything contained in any law for the time being in force, the state government may grant loans or give financial assistance in any ..... state government. upon dissolution, the property will be appropriated as per the decision taken by the state government in consonance with the provisions of societies registration act. the regulations further provides the composition of the mandal and the managing committee provides for nomination of the members as may be decided by the state .....
Tag this Judgment!Court : Gujarat
..... the other, such undisclosed income has not been reflected. the tribunal ultimately formed the opinion that the assessee - hufs have failed to discharge onus under section 69 of the act and, therefore, a.o., was fully justified in holding that no evidence has been furnished during the assessment proceedings of 5 hufs for linking the ..... counsel appearing for western india ceramic pvt. ltd. 12. whereas on behalf the revenue, it was contended that since hufs have not discharged onus under section 69 of the act, substantive additions made in the case of hufs be upheld and, as necessary corollary the protective additions in companies' cases may be deleted. 13. in ..... hufs: = 8,54,53,808/-. 6. it appears that during the course of search and seizure, statements of the aforesaid brothers were recorded under section 132(4) of the act by the authorised officers from time to time wherein, inflation of the agricultural income was admitted. such statements are also produced before us by learned counsel .....
Tag this Judgment!Court : Gujarat
..... an inference of habit. it, therefore, necessarily follows, that in order to bring a person within the expression "dangerous person" as defined in clause (c) of sec. 2 of the act, there should be positive material to indicate that such person is habitually committing or attempting to commit or abetting the commission of offences which are punishable under chapter xvi ..... under chapter xvi or chapter xvii of i.p.c. or chapter v of the arms act cannot be characterised as a habitual act referred to in sec. 2(c) of the act. 9. further, sub sec. (1) of sec. 3 of the act confers power on the state government and a district magistrate or a commissioner of police under the direction of the ..... came to be quashed and set aside. 10. the apex court has in case of mustakmiya jabbarmiya shaikh (supra) observed as under: 8. the act has defined "dangerous person" in clause (c) of sec. 2 to mean a person who either by himself or as a member or leader of a gang habitually commits or attempts to commit or abets .....
Tag this Judgment!Court : Gujarat
..... the loan transaction but in our opinion his failure to do so and complete the original assessment proceedings would not take away his jurisdiction to act under section 147 of the act, on receipt of the information subsequently. the subsequent information on the basis of which the i.t.o. acquired reasons to believe that ..... it can be said that if previously disclosed, they expose untruthfulness of facts revealed. 20. the assessing officer required jurisdiction to reopen under section 147 read with section 148 of the act, where the information must be specific and reliable. as held by the apex court in the case of phul chand bajrang (supra), since ..... the law requires supply of information on which assessing officer recorded her satisfaction, without necessitating supply of any specific documents. the proceedings initiated under section 147 of the act would not be rendered void on non-supply of such document for which confidentiality is claimed at this stage, following the decision of the delhi .....
Tag this Judgment!Court : Gujarat
..... . though no specific ground is mentioned why he holds a belief that the set off claimed was irregular, it appears that his reference is to the provision of section 32 (2) of the act and he objects to the loss being carried beyond eight years. we, however, find on similar issue when in case of general motors india (p.) ltd. ..... , in mohinder singh malik v. chief cit [2004] 267 itr 716, the punjab and haryana high court was concerned with the challenge to the notice under section 148 of the act where the grievance of the petitioner was that the notice was issued with an ulterior motive and that the assessing officer had been demanding illegal gratification from the assessee ..... after the decision of supreme court in case of gkn driveshafts (india) ltd. (supra), it would not be open for the assessee to challenge a notice under section 148 of the act. the third member to whom, upon a difference of opinion between the two members of the bench was made, observed as under : "what the supreme court has .....
Tag this Judgment!Court : Gujarat
..... of section 66(1) of the act enabling the petitioners to permit / employ women employees to work up to 10.00 p.m. 2. the facts stated in special civil application no. 2984 of 2012 may be summarized thus: 2.1 the petitioner is a public charitable trust registered under the provisions of the bombay public trust act, 1950 and ..... [d]. although the provision ostensibly appears to be beneficial to women, is only a pretext for sex-based discrimination, and, when women are recruited in the police, army, air force and various avocations and professions, there is no justification for not allowing women to work in the night shift in the factories as long as adequate safeguards ..... seen to be occupying class iv posts to the post of a chief executive officer of a multinational company. they are now widely accepted both in police as also army services. (emphasis supplied by us) 15.5 the supreme court in the above decision, explained the topics of right to employment vis- -vis security: competing values .....
Tag this Judgment!Court : Gujarat
..... while decreeing the suit, learned appellate judge has passed conjoint order restraining the defendants from deporting the plaintiff till the decision by the central government under section 9(2) of the act and declared that the defendants have got no such right until the decision by the central government. thus, by the judgment and decree of the ..... and since the plaintiff had already succeeded in the earlier round of litigation, the plaintiff cannot be deported till the central government takes decision under section 9(2) of the act. mr. dave submitted that the learned appellate judge has seriously erred in not considering the vital fact that right from 1966, the plaintiff has ..... country, it is the duty of the defendants to get such issue decided by the central government under section 9(2) of the act and in these circumstances, even if the plaintiff had gone to pakistan on 26.1.1950, unless it is decided that the plaintiff has ceased to be the indian citizen, the plaintiff continues .....
Tag this Judgment!Court : Gujarat
..... been cast upon the appropriate government to make appointments in the number of posts reserved for the three categories mentioned in section 33 of the disabilities (equal opportunities, protection of rights and full participation) act. 1995 in respect of persons suffering from the disabilities spelt out therein. in fact, a situation has also been ..... persons who are 100% visually handicapped (blind) are already working as principal / officers grade i. 6. therefore, in our opinion, the state government is acting arbitrarily in not issuing the appointment order to the respondent by not accepting the recommendation of the commission. therefore, we do not find any merits in this letters ..... special civil application no.4378 of 2012. by the said order, the learned single judge has admitted the writ petition and directed the state government to act upon the recommendation made by gujarat public service commission dated 12.1.2012 and to implement the said recommendation of the gpsc within two weeks. 3. .....
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