Court : Gujarat
Reported in : (2006)1GLR558
..... contend that the said act is not a complete code in itself and that philosophy as manifested in section 127 of the maharashtra regional and town planning act, 1966 can be adopted in the present case also.11.9 reliance was also placed on the decision of the hon'ble supreme court in the case of collector of central excise v. ..... plan having come into operation, the petitioners had a right to call upon the respondents to acquire the land in question for the stated purpose and if such acquisition by agreement was not carried out within a period of six months thereof or no steps were taken for commencement of the acquisition other wise than by agreement, the petitioners would have a right to insist that the ..... way of amendments permitted by the court have challenged the subsequent notification dated 28th september 2004 issued by ..... absurdity or some repugnance or inconsistency with the rest of the instrument, in which case the grammatical and ordinary sense of the words may be modified so as to avoid that absurdity and inconsistency, but no further.19.3 in the decision of bhavnagar university (supra) also the hon'ble supreme court observed that it is the basic principle of construction of statute that the same should be read as a whole, then chapter by chapter, section by section and word by word. ..... of legislative or administrative or quasi-judicial exercise of power is liable to attract the prohibition of article 14 of the constitution and equality and arbitrariness are sworn enemies. .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)3GLR1873
..... bihar, the high court in the exercise of powers under art.226 in a public interest litigation took the investigation away from the state police and entrusted it to 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 ..... of citizens of india; (iii) that the accused did so with the deliberate and malicious intention of outraging the religious feelings of that class.63. so far as the 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 ..... or the religious beliefs of that class, and these twin requirements should be satisfied to make out a prima facie case but merely because a person 'x' or 'y' says that a particular person or persons are responsible for the publication of the offending article, without making out a prima facie case ..... the stage when the court intends to take cognizance of an offence under section 190(1) of the code and it has nothing to do with the statutory power of the police to investigate into an fir which discloses a cognizable offence, in accordance with chapter xii of the code even if the offence is alleged o have been committed in, or in ..... and sikh in the said book and communal disputes amongst different religious sects and denominations thereof ..... registered as cr no.i-115 of 2004 for commission of offences as mentioned earlier and it is the registration of .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)3GLR1965
..... . ifindra sawhney (supra) would have held that thethen existing provisions in the constitutionincluded promotional posts also where reservationwas to be applied, parliament would not havehastened to amend and bring about articles 16(4-a) and 16(4-b) through the 77th amendmentact, 1995 and 81st amendment act of 2000 ..... .'{re: justice pollock basu in the book 'lawrelating to protection of human rights under theindian constitution and allied laws' in chapter 4the learned author has observed 'human rights andreservations for backward classes, page 123}14 ..... in para21 at page 730 of the above judgment in the case ofislamic academic of education (supra), the hon'blesupreme court has observed as under:11.2(d) 'para 21 - so far as the year 2003-2004 isconcerned, time is running out as the outertime-limit for admission is fast approaching orhas gone. ..... . the saidprovisions cannot be extended by way ofimposition of restriction or regulation so as toimpair the right of a citizen of india underarticle 19(1)(g) or article 30 thereof ..... .'13.8 'the central idea of my scheme, the details ofwhich would have to be worked out, is to adoptmeasures which would put sc and st children asnear to children more favourably placed ascircumstances permit .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)3GLR502
..... 147) and of the supreme court in appeal there from [ air 1952 sc 196], in the context of the criminal law amendment act, also do not help the petitioners in any ..... union of india, [ 1971 (1) scc 678] the constitution bench has held that, after an association has been formed and the right under article 19(1)(c) has been exercised by the members forming it, they have no right to claim that its activities must also be permitted to be carried on in the manner they ..... compliance with the principles of natural justice, adequate and meaningful opportunity of hearing has to be given to the society and, as a part thereof, the society has to be informed about the grounds on which the opinion as to involvement of public interest in the operation of the society was based and the necessity or expediency for the nomination had arisen ..... the state authorities appear to have consistently followed the practice of disclosing the names of the proposed nominees and detailed guidelines, the latest being by resolution dated 8.4.2004, which were placed on record, are being followed to determine the eligibility of the proposed nominees as stated by the learned ..... in chapter vii, detailed provisions for management of societies are made and several safeguards are provided ensuring effective supervision by the state through registrar so as to ensure proper management and financial health of the society.in state ..... , referring to the judgment of this court in the mehsana district central co-operative bank ltd. v. .....
Tag this Judgment!Court : Gujarat
Reported in : 2002ACJ780; (2001)3GLR2528
..... act has hardly 4 sections and section 1a which is amended in 1951 by the amendment act of 3 of 1951, provides suit for compensation to the family of a person for loss occasioned to it by his death by actionable wrong, which is the basis in case of fatal injury even in the motor vehicles act ..... was driving the bus, at the relevant lime in an excessive speed as a result of which, when he was negotiating 's' type curve, at the venue of accident, lost control over the vehicle and went on the wrong side more towards the road and intensely dashed against the oncoming passenger matador of the university, as a result of which, the matador was dragged on in the reverse direction, like that, in the same direction in which the bus ..... the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, the party who would have been liable if death had not ensured shall be liable to an action or suit for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such ..... 10,000/- for minor personal injuries by the tribunal, petition under article 226 of the constitution of india, had been filed at the instance ..... claiming compensation and power to award damages or compensation to the claimants, tribunals are provided in chapter xii, from sections 165 to 176 in the new act. .....
Tag this Judgment!Court : Gujarat
Reported in : [2007]138CompCas204(Guj); [2007]79SCL47(Guj)
..... [3] the provisions of this section shall, so far as may be, also apply to a company in respect of which an order has been made before the commencement of this act under section 153 of the indian companies [amendment] act,2001, sanctioning a compromise or an arrangement.information as to compromises or arrangements with creditors and members.393 [1] where a meeting of creditors or any class of creditors, or of members or any class of members, is called under section 391,--[a] with every notice calling the meeting which is sent to a creditor or member ..... the said amount of central excise duty includes a sum of rs. ..... under clause 46 of the articles at table 'a', which is schedule i to the act, and which have been adopted by the applicant generally as its articles of association, subject to the provisions of sections 78 and 100 of the act, the petitioner-company is authorised to use its share premium account for the said purpose.2.16 accordingly, the board of directors of the petitioner-core resolved in their meeting held on 25th october, 2005 that subject to the approvals of the shareholders and lenders and subject to directions and sanctions of the appropriate ..... 699 crores as on 31st march, 2004 and the market value thereof is likely to be much more than the depreciated or book value. ..... for proper appreciation of the dispute between the parties, it would be necessary to refer to chapter-5 of the companies act. .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)1GLR796
..... has passed an act called 'suppression of immoral traffic in women and girls act, 1956' which is now changed as 'the immoral traffic (prevention) act, 1956' to which certain drastic amendments are introduced by the amendment acts xlvi of 1978 and xliv of 1986. ..... under article 23 and by issuing directives under articles 39(e) and 46 that the state should strive towards securing that, health and strength of men and women are not abused and citizens are not forced to enter avocations unsuited to their age or strength and to promote with special care the educational and economic interests of the weaker sections of the people and protect them from social injustice and all forms ..... apart from legal action, both the central and state governments who have got an obligation to safeguard the interest and welfare of the children and girls of this country have to evaluate various measures and implement them in the right direction.38.9 i ..... committee to make suggestions for eradicating child prostitution and to point out social aspects for the care, protection, treatment, development and rehabilitation of the young victims, children and girl prostitutes from red-light area and get them freed from the abuses of prostitution; to amend the existing law or to enact a new law, if so warranted; to prevent sexual exploitation of children and to take various measures for effective enforcement thereof. ..... chapter v of the arms act and that a single or isolated act falling under chapter xvi or chapter ..... 2004 .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2005Guj51; (2004)3GLR2689
..... levy fee - any rule which the central government or the state government is empowered to make under this act may, notwithstanding the absence of any express provision to that effect, provide for the levy of such fees in respect of applications, amendment of documents, issue of certificates, licences, permits, tests, endorsements, badges, plates, countersignatures, authorization, supply of statistics or copies of documents or orders and for any other purpose or matter ..... the registering authority, while registering the vehicle, shall state the unladen weight of the vehicle, the number, nature and size of the tyres attached to each wheel; the gross vehicle weight of the vehicle and the registered axle weights pertaining to the several axles thereof; and if the vehicle is used or adapted to be used for the carriage of passengers solely or in addition to ..... that no person shall drive any motor vehicle and no owner of a motor vehicle shall cause or permit the vehicle to be driven in any public place or in any other place unless the vehicle is registered in accordance with this chapter and the certificate of registration of the vehicle has not been suspended or cancelled and the vehicle carries a registration mark displayed in ..... the offence has been compounded and the concerned vehicle was discharged, it would not be proper for this court to interfere with the same under article 226 of the constitution ..... and anr, reported in air 2004 sc 2413 (=2004 air scw 2901 = 2004(6) scc 194 = jt 2004 .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)1GLR116
..... chapter v of the regulations provides that the finance, accounts and audit of the board and it also provides that the budget and all other aspects are to be prepared and to be approved by the state government and 100 per cent finance is provided by the state government and the board is a creation of the statute and, therefore, liable to the writ jurisdiction of this court under article ..... inclusive of commuted pension, if any, due on 31.12.1995 it covers all classes of pension under the bombay civil services rules, as amended from time to time, if any due on 31st december, 1995 which covers all classes of pension under the bcsrs as amended from time to time and, therefore present petitioners are covered by the definition clause item (3) (a) (b) of the gr dated 20.1.1998 because all the petitioners were ..... thereof and also considering various provisions of the act, regulations and also considering para 3 of the affidavit of subsequent effect and annexure d thereto at page 92, i am of the opinion that it was a joint venture of both the respondents and, therefore, both the respondents are jointly and severally ..... issuing any direction as against the state of jharkhand as no step had admittedly been taken by the central government in terms and furthermore as only four public sector undertakings have been transferred to the state of jharkhand in respect whereof ..... to pay monthly revised pension to each petitioner from january, 2004 onward regularly till the date they are entitled in accordance .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)2GLR1142
..... ble supreme court it has been observed by the hon'ble supreme court that when an instrumentality of the state acts contrary to public good and public interest, unfairly, unjustly and unreasonably, in its contractual, constitutional or statutory obligations, it really acts contrary to the constitutional guarantee found in article 14 of the constitution and in that case the hon'ble supreme court has opined that in such factual situation it should not inhibit ..... regular members of bwhg in case of each company, their emoluments are paid initially from the state exchequer but ultimately 75% thereof is reimbursed by the central government.10.8e the learned counsel further submitted that the disembodiment of home guards is always company-wise as well as individual ..... the learned counsel for the petitioners has relied upon the affidavit of gajaji kupaji jadeja dated 2.1.2004 particularly para 8 and para 9 where the petitioner has reiterated earlier facts which have been set out in this behalf and other correspondent ensue between the department, and it has been reiterated that in view of scheme of border wing home guards in gujarat which clearly contemplates steps were required ..... congress gave them practical effect in the 13th amendment, which abolished slavery, and in the 14th amendment, which provided that 'the state shall not ..... findings of fact and law necessary for the resolution of issues between them.25.6 dias on jurisprudence, third edition, on page 45, chapter three provides certain .....
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