Court : Gujarat
Reported in : (2001)3GLR2593
..... with the public abhorrence for the heinous crime committed by the accused.51. considering the aforesaid decisions, it is clear that the court has severely condemned the act of accused and has refused to interfere with the death penalty whenever victims were helpless or children or when the murder was committed, they were sleeping. ..... have received the benefit of life imprisonment or if the offence is only constructive, being under section 302 read with section 149, or again the accused has acted suddenly under another's instigation, without premeditation, perhaps the court may humanely opt for life, even like where a just cause or real suspicion of wifely ..... court has pointed out as under :'these were cold-blooded brutal murders in which two innocent girls lost their lives. the extreme brutality with which the appellants acted shocks the judicial conscience. failure to impose a death sentence in such grave cases where it is a crime against the society particularly in cases of murders .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)3GLR2755
..... on bail. some reasonable period is justifiably required for interrogation and for completing necessary formalities of recording identification marks, finger prints, photographs etc. identification of prisoners' act, 1920 to which reference has been made by the police commissioner in his affidavit, contains provisions in sections 4 and 5 as under :'4. taking of ..... authority of a magistrate.' 10. article 22 is now part of human right recognised by international covenants and also under the protection of human rights act. this right is guaranteed to a citizen so that he is not deprived of his liberty by executive authority and receives necessary legal protection from a ..... the two impugned circulars has to be judged in the provisions of the constitution of india, code of criminal procedure, 1973 as also identification of prisoners act, 1920 to which reference has been made by the commissioner of police, rajkot city.9. article 22 of the constitution guarantees every citizen fundamental right of .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)1GLR330
..... should have reminded itself of the fact that the thrust of socially and economically backward class of people be protected from being exploited. the bombay tenancy act is a beneficial provision enacted with a view to see that the economically weaker sections of the society get advantage of such provision and the illiterate ..... orders passed by the lower authorities. in the present case, it is necessary to consider by this court is administration of justice under me bombay tenancy act, a beneficial provision for economically weaker sections, judicial craftsmanship does not lie in achieving some logically correct result through hypertechnical process of reasoning and this ..... of the respondent has submitted that the tribunal has rightly considered the merits of the matter. the tribunal has jurisdiction under section 78 of the tenancy act and passed just, proper and reasonable and valid order and done substantial justice to the parties. mr. shaikh submitted that in such matter technical approach .....
Tag this Judgment!Court : Gujarat
Reported in : [1982]136ITR522(Guj)
..... was levied upon the assessee. be it noted that before the assessment was completed, a provisional assessment was made under s. 23b of the indian i.t. act, 1922. the assessee had deposited a certain sum pursuant to such provisional assessment. in determining the penalty due from the assessee, the ito took into consideration not the ..... is a registered firm or an unregistered firm which has been assessed under clause (b) of section 183, then, notwithstanding anything contained in the order provisions of this act, the penalty imposable under sub-section (1) shall be the same amount as would be imposable on that firm if that firm were an unregistered firm.' 6. ..... read as under at the relevant tim : '271. (1) if the income-tax officer or the appellate assistant commissioner, in the course of any proceedings under this act, is satisfied that any person - (a) has without reasonable cause failed to furnish the return of total income which he was required to furnish..... or has without reasonable .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1987Guj136; (1987)2GLR1178
..... are prone to criminal tendencies and have proved their susceptibility to indulge in criminal activities by being found guilty (by a court) of having perpetrated a criminal act. one of the discernible purposes of imposing the penalty of imprisonment is to render the society immune from the criminal for a specified period. it is, therefore ..... decided that the furlough period should count towards the prisoner's sentence.xx xx xx xxthe experience has shown that the system has worked satisfactorily. the prisons act, 1894 does not specifically provide for the grant of furlough and the remission of sentence consequent upon it. in order to place the system on a permanent ..... life;(iii) to enable the inmate to maintain constructive hope and active interests in life.'14. in the statement of objects and reasons for bombay (prisons amendment) act no. 27 of 1953, the jail reforms committee had recommended and the govt. accepted the recommendation that -'there should be the system of release of prisoners on .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)1GLR702
..... would not be fatal where enough corroborative and conclusive evidence was present. the evidence of identification is a relevant piece of evidence under sec. 9 of the evidence act at the trial. identification by the witnesses of an accused is substantive evidence though inherently of a weak character. the evidence of identification in test identification parade is ..... the decision of the supreme court in mohmed inayaiullah v. state of maharashtra, reported in air 1976 sc 483 was cited in context of section 27 of the evidence act to point out that the expression 'fact discovered' includes not only the physical object produced, but also the place from which it is produced and the knowledge of the ..... with section 149, in the alternative section 302 read with section 34 of the indian penal code and section 37(1) read with section 135 of the bombay police act, by charge exh. 1 on the aforesaid facts.4. the trial court in a detailed judgment on the basis of the evidence on record found that it was .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)1GLR1
..... the delinquent. it is an extraordinary power. consequently, for exercising extraordinary power, extraordinary circumstances should exist. otherwise, the power may corrupt the authority in acting and defeat the purpose of vesting such powers in the authority. power has been given for public purpose, therefore, it must be exercised in public interest ..... , and their employer was ipcl, baroda. cisf was inducted in ipcl in accordance with the provisions of section 14 of the central industrial security force act, 1968. to avoid petitioners losing jobs, option was given to them for induction and absorption in cisf. accordingly, an agreement was executed by the ..... corporate office with a bonafide belief that the protest may invite the attention of ipcl management to their genuine grievances. however, cisf took it serious act of misconduct and indiscipline, and passed orders for the dismissal of petitioners from service without serving notice, charge sheet and offering an opportunity of being .....
Tag this Judgment!Court : Gujarat
Reported in : [2002]257ITR355(Guj)
..... previous approval of the inspecting assistant commissioner.explanation 1 : where in respect of any facts material to the computation of the total income of any person under this act, -(a) such person fails to offer an explanation or offers an explanation which is found by the income tax officer or the appellate assistant commissioner or the ..... of income etc. 271. (1) if the income tax officer or the appellate assistant commissioner or the commissioner (appeals) in the course of any proceedings under this act, is satisfied that any person -(a) xxxxx(b) xxxxx(c) has concealed the particulars of his income or furnished inaccurate particulars of such income, he may direct ..... of commercial expediency is out of place in context of allowance of expenses incurred wholly and exclusively for the purposes of business under section 37 of the act. whether the expenditure was incurred out of commercial expediency or not can be judged on objective standards such as, the nature of business, the terms and .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)1GLR844
..... same with all cautions. if there be independent corroboration to the injuries of the deceased and the occurrence if supported by the circumstances, there cannot be any impediment in acting upon the eye-witnesses despite there may be variations in their evidence in other minor circumstances. a witness is presumed to be an independent unless his testimony springs from ..... standard of such exercise would be of an exercise by prudent person. each case has to be decided on the evidence led irrespective of any view of the same act might have been taken on different evidence, led in another case. a court of law is required to be derived truth from the legal evidence placed before it ..... to the appellants by the trial court is bad in law and the judgment and order is required to be set aside. alternatively, it is submitted that no overt act is attributed to appellant nos. 3 and 4 by any of the witnesses, and therefore, they are falsely implicated and there is no evidence against at least appellant nos .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)2GLR1820
..... year and to pay fine of rs. 1000/- , in default, simple imprisonment for three months for the offence punishable under section 7 of the prevention of corruption act, 1988 ('the act' for short). he was also sentenced to undergo simple imprisonment for two years and fine of rs. 1000/-, in default, simple imprisonment for three months for ..... at exh. 21 power of appointment of an employee vested with the municipal commissioner who by exercising powers under section 49(1) of the bombay provincial municipal corporations act entrusted certain powers to the deputy commissioner by its office order no. 3035 dated 8th may, 1990 which is produced at exh. 22. as per the evidence ..... hrs. on 27th june, 1990. p.i. solanki then called for two panchas through p.s.i., civil supplies department. the panchas having shown their willingess to act as panchas, they were introduced to the complainant. p.i. solanki also introduced himself to the panchas. he then, read over and explained the contents of the complaint .....
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