Court : Gujarat
Reported in : AIR1962Guj128; (1962)0GLR269
..... from the act, it is quite clear that the parliament was creating the two new states under clause (a) of article 3 which provides that parliament may, by law, form a new state by separation of territory from any state-section 3 of the act specifies the territories of the state of gujarat and assigns the residuary territories of the state of bombay to the state of ..... decisis'. for example, if the majority view is the correct law, if in the states of kerala, mysore and rajasthan, a point of law arises before a subordinate court that court will be completely at large and will be in a position to decide it on is own view of the matter, untrammelled ..... expression 'law in force' when used in the other sections of the act include all laws, whether statute or non-statute, then, the burden lies heavily on the persons who propound that, the expression is not used in that sense in the present section and, in my judgment ..... . section 4 of the hindu marriage act, 1955, is as follows;-'save as otherwise expressly provided in this act, -- (a) any text, rule or interpretation of hindu law or any custom or usage as part of that law in force immediately before the commencement of this act shall cease to have effect with respect to any matter for which provision is made in this act; (b) any other law in force immediately before the commencement of this act that cease to have effect in so far as if is inconsistent with my of the provisions contained in this ..... not prevent ..... be risky and dangerous .....
Tag this Judgment!Court : Gujarat
Reported in : (1963)4GLR571; (1963)IILLJ726Guj
..... the affairs of the state of bombay in any area which on that day falls within the state of maharashtra or gujarat shall continue to hold the same post or office in that state and shall be deemed, as from that day, to have been duly appointed to the post or office by the government of, or other appropriate authority in that state: provided that nothing in this section shall be deemed to prevent a competent authority after the appointed day, from passing, in relation to such person, any order affecting his continuance ..... in view of what we have stated above section 82 cannot be interpreted to cover all persons who fall within the ambit of the provisions contained in section 81 and it is not possible for us to put such an interpretation upon the language used in section 82 as to embrace within its ambit persons like the petitioner who may be regarded as continuing in the employment of the state of bombay without holding any post or discharging the duties of any post in any limited area immediately before the appointed day. ..... the question that then arises for consideration is whether a proceeding in that connection could be maintained against she stale of gujarat, having regard to the provisions contained in the bombay reorganisation act, 1960. ..... on 6th october 1955, an order of dismissal was passed against the petitioner by the saurashtra government. ..... the same was dismissed by the rajpramukh of saurashtra on 21st december 1955. ..... that was in the year 1955. .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)1GLR796
..... of brothel which has been given in the act.38.2 section 2(a) 'brothel' includes any house, room or place which is used for purposes of sexual exploitation or abuse for the gain of another person or the mutual gain of two or more prostitutes.38.3 thus, where a single person practices prostitution for his or her own livelihood without another prostitute or some other person being involved in the maintenance of such premises, ..... and his antisocial activities have the potential to disturb the public order, and therefore, it is necessary to detain him immediately with a view to prevent him from acting in any manner prejudicial to the maintenance of public order, the authority has passed me order of detention against me detenu on 23-8-2005. ..... the course of hearing, we have noted that there are no adequate facilities available in the state of maharashtra, particularly in mumbai, where these rescued girls could be rehabilitated or kept for some period for bringing them ..... cannot be closed down, at least steps should be taken to educate and inform those who patronise the places of the dangers of a.i.d.s.para 31 :- for the time-being, apart from eradicating prostitution, the main question should be how to control illegal confinement of minors and major girls for the purpose ..... from about 70 districts in the country; bombay from 40 districts; bangalore from 70 districts; calcutta from 11 districts, hyderabad from 3 districts etc ..... this type of situation arises only because of lack of interest .....
Tag this Judgment!Court : Gujarat
Reported in : 2000ACJ1125; AIR2000Guj211; (2000)2GLR1281
..... or jurisdiction to award higher amount of compensation though not claimed by the claimant, is not likely to cause any prejudice to the claimant at all.in view of the above discussion, we answer the reference as under :(1) under section 166 read with section 168 of the motor vehicles act, 1988 and section 110-b of the motor vehicles act, 1939, it is not open to a claims tribunal to award the amount of compensation higher than the amount ..... near vadtal chokdi on ahmedabad-bombay highway, the bus driver noticed ..... underboth the heads and so long as the amount awarded did not exceed the amount claimed, the amount awarded could be suitably split up and awarded under two sections 1-a and 2 of the fatal accidents act, 1865.from the above referred to decisions of our high court, it becomes manifest that so long as the total amount to be awarded does not exceed the total amount claimed ..... a cheap and speedy remedy for claims for compensation in respect of accidents, involving death of, or bodily injury to, persons, arising out of the use of a motor vehicle and also damage to any property to a third party so arising, or both. ..... another division bench of bombay high court in the case of maharashtra state road transport corporation ..... bombay high court while dismissing the appeal has held as under :'the amount of compensation claimed' in the petition does not require the applicant to state the amounts claimed under different sub-heads such as dependency benefit, medical expenses, pain and suffering etc .....
Tag this Judgment!Court : Gujarat
Reported in : [2009]150CompCas770(Guj); [2009]96SCL384(Guj)
..... is, therefore, directed to invite claims from the workers and creditors and on adjudicating the claims so received if he finds that any amount is payable to any other person covered by sections 529 and 529a to receive the payment on pari passu basis equally with the rights of the sicom being the secured creditor, may record that finding and call upon the sicom to bring back such amount to facilitate the disbursement thereof, in favour of eligible persons. ..... the sicom is established by the government of maharashtra for financing of industrial concerns and is a deemed financial corporation within the meaning of section 46 of the state financial corporations act, 1951, by virtue of notification dated december 11, 1986, issued by the ..... in this view of the matter, as per the provisions contained in section 531a of the companies act, 1956, the transfer of property movable or immovable of the company in liquidation shall be treated as null and void against the liquidator and any transaction during the pendency of the winding up petition without the sanction of the court as invalid unless validated ..... in 2007 the said petition was transferred to this court on the ground that the bombay high court has no jurisdiction since the registered office of the company is situated in ..... submissions of the parties and the relevant statutory provisions as well as the decided case laws on the subject this court is of the view that the properties in question were transferred by the sicom long back. .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)4GLR3588
..... state industrial and investment corporation of maharashtra (supra), the supreme court had held that where an inquiry is pending under sections 16/17 or an appeal is pending under section 25 of the 1985 act, there should be cessation of the coercive activities of the type mentioned in section 22(1) to permit the bifr to consider what remedial measures it should take with respect to the sick industrial company and ..... observations, there is no substance in the present application and the same is filed only with a view to save the managing director of the applicant company from remaining personally present before this court and, therefore, according to my view, same has been filed with a mala fide intention to see that the workman may not get wages legally due and payable ..... bombay high court has further considered that in case section 22 is invoked even in the case of the wages due to the employees it would defraud the legitimate claim of the workmen for wages and other dues by not paying them in the first instance, forcing the workers to resort to other remedies under any of the applicable labour statutes and then pleading the bar in section ..... proceedings' in section 22(1) must be widely construed and it cannot be confined to legal proceedings understood in the narrow sense of proceedings in a court of law or a legal tribunal for attachment and sale of debtor's property, notwithstanding the use of that ..... section 22 of the sica act relates to suspension of legal proceedings, contracts etc .....
Tag this Judgment!Court : Gujarat
Reported in : (1965)GLR958; (1970)ILLJ417Guj
..... was not attracted in respect of the proceedings before the court-martial but even on the assumption that it was attracted in so far as that section laid down the requirement of sanction for civil and criminal proceedings instituted against any person 'in respect of any act done or purporting to be done in the execution of his duty,' the requirement so laid down was not satisfied in that case because the act in respect of which the appellant was proceeded against was ..... of the bombay police act, it was his duty as a police officer to prevent the commission of cognizable and within his view of non- ..... this witness does not directly bear on the giving of the bribe or the acceptance of the bribe but has relevance as some of the notes used in payment of the bribe were traced immediately after the alleged payment of the bribe with two shopkeepers near the navrangpura police station. ..... in a manner which inspires confidence and that even after excluding the evidence of dahyabhai and confining ourselves to the evidence of these three principal witnesses, that evidence receives corroboration not only from the probabilities of the case arising out of the writing of the post-card by ramanlal to madhukanta but also ..... , the making of panchnama, the panchnama of the notes found in the two shops, etc, but it is not necessary to examine that part of his evidence because the same has been already deposed to by ..... state of maharashtra [67 bom ..... nothing in the evidence to suggest that the tree obstructed the view. .....
Tag this Judgment!Court : Gujarat
Reported in : (1985)2GLR806
..... section (1), every proprietor to whom any of the provisions of that clause apply shall have an option of payment of tax at the rates specified in clause (d) to be exercised as provided in clause (b) within ninety days from the date of the commencement of the gujarat entertainments tax (amendment) act, 1984 and any person who becomes such proprietor after that date may exercise such option within sixty days from ..... discretion to refuse a licence if the video cinema is likely to cause obstruction, inconvenience, annoyance, risk, danger or damage to the residents or passersby in the vicinity of the ..... looking to the provisions of clauses (c) and (d) of section 3(1) of the bombay entertainments duty act, the division bench held that the said provisions did not take into account entertainment that was actually offered by the owner of the touring cinema or the owner of the video exhibition and the act purported to levy tax on notional entertainment and, therefore, ..... maharashtra ..... in exercise of the legislative powers conferred upon the state legislature does not arise at all. ..... in above view of the matter, we allow all the three petitions by declaring section 6a of the gujarat entertainments tax (amendment) act, 1984 and rule 13(2) of the gujarat cinemas (regulation of ..... (b) in any omnibus which is used to the state exclusively as contract carriage having provision for entertainment by video cassette recorder or video ..... act read : 'taxes on luxuries including taxes on entertainments, amusements, etc .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)3GLR787
..... or well-to-do aggrieved family feels impelled to engage a counsel of their own choice in whose competence and probity they have full faith and approach the state to engage such a counsel without any burden on the exchequer, it would be difficult to fault such an appointment even though one may not be happy that the state is unable to pay for proper legal services. ..... section 24(8) of the code empowers the state government to appoint special public prosecutor for the purpose of any case or class of cases which is quite different from conducting any prosecution, appeal or any other proceeding on behalf of the ..... i-38 of 2000 is registered for the offences punishable under sections 302 and 34 of the indian penal code ('ipc' for short hereinafter) as well as section 25(1)(c) of the arms act ('the act' for short hereinafter) with sarkhej police station has prayed to issue a writ of mandamus to quash and set aside the resolution of the government of gujarat ..... maharashtra rules, referred to above, in our view is bad and the state government should properly modify the same keeping our conclusions in view ..... public prosecutor', as defined there includes any person who is 'acting under the direction of a public ..... to the weighty observations made by the division bench of the bombay high court in vijay valia v. ..... manner in which the crime is alleged to have been committed, helpless condition of the widow of the deceased, financial status of the accused and the political clouts they are enjoying, etc. .....
Tag this Judgment!Court : Gujarat
Reported in : (1965)6GLR958
..... beating a person suspected of a crime or confining him or sending him away in an injured condition can be said to have any relation.therefore judicial decisions are consistent with the conclusion earlier reached from a consideration of the scope and object underlying the catena of sections of the bombay police act and of the definition ..... has made the following observation:a public servant who accepts an illegal gratification cannot either in justification or in explanation point to the rights and duties of his office if he is challenged in the act of taking the bribe that is to say he cannot ever use the office as a veil to his falsihood though of course he exploits his office to extort the bribe.with respect we agree with these observations. ..... states that in calling ramanlal to the police station with a view to prevent commission of similar offences by ramanlal the accused dave was discharging ..... the functions of which these sections speak are functions arising out of any duty imposed by or any authority conferred upon him by the provisions of this act and any other law rule or direction made in that regard that is ..... the state of maharashtra (supra) the decision in that case was not incorrect though it is doubtful how it can be reconciled with the decision of the full bench ruling ..... the value of the testimony of a witness depends on diverse factors such as the character of the witness to what extent and in what manner he is interested how he has fared in cross-examination etc. .....
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