Court : Gujarat
Reported in : 1998CriLJ2654
..... production, possession, use, consumption, purchase, sale, transport, warehousing, import inter-state, and export inter-state of ganja for any purpose other than medical and scientific purpose shall take effect only ..... scientific purposes and in the manner and to the extent provided by the provisions of this act or the rules or orders made thereunder and in a case where any such provisions, imposes any requirement by way of licence, permit or authorisation also in accordance with the terms and conditions of such licence, permit or authorisation :provided that, and subject to the other provisions of this act and the rules made thereunder, the prohibition against the cultivation of the cannabis plant for the production of ganja or the ..... it has been provided that, subject to other provisions of this act and the rules made thereunder, the prohibition against the cultivation of the cannabis plant for the production of ganja or the production, possession, use, consumption, purchase, sale, transport, warehousing, import inter-state and export inter-state of ganja for any purpose other than medical and scientific purpose shall take effect only from the date which the central government, may, by notification in .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)2GLR338
..... he, therefore, submitted that in view of enactment and coming into force of benami transactions (prohibition) act, 1988, the suit filed by the plaintiff for such declaration would not ..... which was preferred to the high court of allahabad also came to the dismissed, and thereafter on special leave being granted the supreme court was called upon to decide the question of applicability of benami transactions (prohibition) act, 1988 to the decree in question. ..... majmudar, once again, considered the question as to whether section 4(1) of the benami transactions (prohibition) act, 1988 would apply to enforce any right in property held benami, if such proceedings were initiated by the person claiming to be the real owner prior to coming into force ..... kasliwala followed the aforesaid decision of the supreme court and took the view that since the plaintiff in subsequent case was claiming to be the real owner of the property and was further claiming that the names of the defendants were simply as benamidars, suit -of such nature was totally prohibited by section 4 of the said act, and therefore, the plaintiff was not entitled to get ..... examining the preamble of the said act as well as sec, 3 of the said act, the larger bench noticed that prohibition under section 3(1) is against persons who are to enter into benami transactions and it has laid down that no person shall enter into any benami transaction which obviously means from the date on which this prohibition came into force, i.e., w.e.f. .....
Tag this Judgment!Court : Gujarat
Reported in : (1973)1GLR960
..... in paragraph 7 of the letter, dated september 11, 1964, the commission recommended to the central government that tion-transferable specific delivery contracts in all varieties of mustardseed within the state of punjab should be prohibited by issuing a, notification under section 18(3) of the forward contracts (regulation) act, applying section 17 of the act to non-transferable specific delivery contracts in mustardseed and thus forward trading in mustardseed would come to an end. ..... ' paragraph 7 of the letter dated december 14, 1964 states 'the commission accordingly recommends that, for the time being, government may apply sections 5 to 14 and sections 15 arid 16 of the act to non-transferable specific delivery contracts in cottonseed, castorseed and linseed throughout the country, except the limits of greater bombay, so that nontransferable specific delivery contracts in these commodities would become prohibited, except through recognised associations. ..... delivering the judgment of the supreme court, has again summarised the provisions of the act as follows:-'the act was enacted to provide for the regulation of certain matters relating to forward contracts, the prohibition of options in goods and for matters connected therewith. ..... as the preamble of the act points out, this is an act to provide for the regulation of certain matters relation to forward contracts, the prohibition of options in goods and for matters connected therewith. .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)2GLR1158
..... far as provisions of the bombay stamp act, 1958 (the stamp act) are concerned, it was submitted that the document was adequately stamped and the entire procedure adopted by the company court of calling upon the chief controlling revenue authority, gujarat state, seriously prejudiced the rights of the assignee banks as the said authority was an appellate authority under the stamp act after adjudication by the collector. ..... act.7.2 it was submitted that provisions of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 (the securitisation act) did not prohibit an assignor bank from assigning the debt to the assignee bank because this was only one of the modes of recovery effected by ..... words, when the banking company acts as an executor of an estate or functions as a trustee of a trust and in course of administration of such an estate buys or sells goods, it will be a permissible activity not covered by the prohibition imposed by section 8 of the ..... submission regarding provisions of section 529a of the companies act, it was submitted that the assignee bank having stepped into the shoes of the assignor bank was equally entitled to what the assignor bank was entitled to.10.2) in so far as the prohibition under the securitisation act is concerned, it was submitted that even before the securitisation act assignment of debt with underlying securities was permissible and hence, there was no violation of provisions of the securitisation act. .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)3GLR823
..... (b) 'bootlegger' means a person who distills, manufactures, stores, transports, imports, exports, sells or distributes any liquor, intoxicating drug or other intoxicant in contravention of any provision of the bombay prohibition act, 1949 and the rules and orders made thereunder, or of any other law for the time being in force or who knowingly expends or applies any money or supplies any animal, vehicle, vessel or other conveyance or any receptacle or any other ..... simpliciter the commission of an offence under the prohibition act and if he does something more to carry out the same uninterruptedly, then, in my opinion, carrying of that activity, which amounts to commission of an offence under the prohibition act, may be an act affecting the law and order, would amount to affecting the public order ..... from the preamble of the prohibition act mat prohibition act is enacted to promote, enforce and carry out the effect of the policy of prohibition. ..... indirectly, is causing or is likely to cause any harm, danger or alarm or feeling of insecurity among the general public or any section thereof or a grave or widespread danger to life, property or public health.there are as many as six prohibition cases registered against the detenu and they are under sections 66(1 )(b) and 65(e) of the bombay prohibition act. ..... as a bootlegger, the authority has relied on as many as six cases registered under the bombay prohibition act, of which three are pending in court and three are pending investigation. .....
Tag this Judgment!Court : Gujarat
Reported in : [1977]106ITR424(Guj)
..... new webster encyclopaedic dictionary of the english language, at page 291, we find the meaning of the word 'entertainment' to include the act of entertaining; receiving and accommodating of guests; food, lodging, or other things required by a guest; a hospitable repast; the pleasure which the mind receives from anything interesting, and which holds or arrests the attention; that which entertains; that which serves for amusement as a dramatic or other performance; reception; admission. ..... raised on behalf of the newspaper-companies that though the expenses were admittedly business entertainment expenses, they were still incurred in the provision by the assessee-company of anything which it was its trade to provide and, therefore, the prohibition contained in section 15(1)(a) of the finance act, 1965, would not preclude deduction of the expenses as provided in section 15(9) of the said act. ..... sub-section (9), not withstanding the prohibition contained in sub-section (1), permitted the deduction of the expenses incurred in the provision by any person of anything which it is his trade to provide and which is provided by him in the ordinary course of that trade for payment or with the object of advertising to the public generally, ..... it is only in the area lying between these two termini that the difficult questions arise, and as regards acts falling in such area we are of the opinion that we should adopt the broad dictionary meaning of the term 'entertainment' which we have indicated .....
Tag this Judgment!Court : Gujarat
Reported in : (1973)14GLR209
..... was issued to the petitioner on march 30, 1971, informing him that he had been thrice convicted for offences under the bombay prohibition act, 1949, and he was still continuing his activities for similar offences not only in rajkot district but also in the limits of the three contiguous districts of surendranagar, bhavnagar and amreli, and, therefore, it was proposed to extern him from all these four districts. ..... reason to believe that a person coming within the purview of any of the clauses (a), (b) and (c) was likely again to engage himself in the commission of an offence similar to that for which he had been previously convicted, that is to say, for an offence falling under any of the three chapters mentioned in clause (a), or if he had been twice convicted under the beggers act or the prevention of prostitution act, or thrice convicted under the prevention of gambling act or the prohibition act. ..... in this connection, the petitioner was externed by the impugned order at annexure 4 where it was mentioned that the petitioner was thrice convicted on june 8, 1967, june 17,1968 and september 13,1968 under section 67(b) of the bombay prohibition act for which he was sentenced for the first offence to three months rigorous imprisonment and a fine of rs. ..... were mentioned were under the various sections of the prohibition act in 1967 and 1968. ..... authority had relied in the show cause notice on the character of the three convictions as falling under sections 66 and 85 of the prohibition act. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1987Guj136; (1987)2GLR1178
..... that although he had surrendered late by 25 days, after he was released on parole, he is not totally ineligible for being released on furlough and the authorities have the power and duty to consider his application for furlough on merits and thereafter to grant or refuse furlough on merits and in the present case, the authorities, have refused to consider his request for furlough without going into the merits only at the threshold on ..... even if the court is satisfied that he was on the way to the court to make the necessary deposit, that he had the requisite amount with him, and that he started in time to reach the court within the prescribed court hours and yet by circumstances beyond his control, he met with an accident would the court be powerless to grant him relief this illustration would suffice to disclose the intendment ..... regard to the legislative intendment and purpose, and the beneficent nature of the statute to protect the harassed tenant, the word 'shall' was held to be directory and not mandatory and the supreme court said that it shall be read as 'may' and such a construction would advance the purpose for which the act was enacted; namely the ..... has become a habit, a prisoner is less likely to respond to the corrective treatment aimed at his reform while he is undergoing the sentence and so he cannot safely be set at large before the expiration of his term of imprisonment and that prohibition offenders (r. ..... and automatic prohibition granting furlough to a defaulting and .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1997Guj125
..... court had found that the commissioner had no jurisdiction to make the assessment yet it said:'we refuse the writ of prohibition without going into the merits of the case on the ground of the conduct of the applicant in bringing the case ..... under:...to issue a writ of mandamus, certiorari or any other appropriate writ, direction or order: (a) quashing and setting aside the letter of the state government dated 14-2-69 at annexure t and directing the respondent-state and authorities to extend to the petitioners the pay scales of qualified vaidyas pursuant to sarela and desai pay commissions recommendations and to pay to them the difference in salary with retrospective effect from the due dates: (b) directing the ..... respondent-authorities to extend to the petitioners the benefits of the above said pay commissions recommendations and to fix the salaries of the petitioners on the basis of the pay scales of qualified vaidyas under the above said recommendations and to fix their future salaries on that basis and to pay to them arrears in difference of salary on that basis; (c) directing the respondent-authorities to treat the petitioners ..... affording an opportunity of personal hearing in respect of objections filed under section 5-a of the act was one of the main planks of the grounds raised in the writ petition as well as in the special leave petition filed before this court and ought we know if such ground had not been taken this court would have entertained this .....
Tag this Judgment!Court : Gujarat
Reported in : 1996CriLJ1453; (1996)1GLR80
..... date and duly formulated and supplied under section 9(1) of the said act, the detaining authority has set out as many as seven offences punishable under the bombay prohibition act, in which the detenu is involved and it has also relied upon the statements of witnesses who have deposed about the anti-social activities of the detenu and who have ..... put it pursuant to an instruction received from the detaining authority for verifying the statement, there is no other material.about what has been verified, what were the instructions and to what extent the verifying authority himself was satisfied about the apprehension expressed, there is nothing either in the grounds of detention along with its compilation or in the ..... observations made by the division bench and the position of the law established by the division bench of this court, it shall have to be accepted that the claim of privilege made by the detaining authority under section 9(2) of the act was not genuine and to the aforesaid extent the detenu was denied the opportunity of making effective representation by making and sup-plying to him the other ..... challenged the legality and validity of the order of detention dated 26th october, 1994, passed by the district magistrate, mehsana, under section 3(1) of the gujarat prevention of anti-social activities act, 1985, on his being satisfied that the detenu was a 'bootlegger', whose anti-social activities were prejudicial to the maintenance of public order and, therefore, he was .....
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