Court : Gujarat
Reported in : 1992CriLJ3298
..... the present appeals, and oh that ground the enhancement appeal against jasubha should not be allowed, cannot be sustained.191. the contentions that jasubha must have acted under extreme mental disturbance, and that he must have reasonably believed that he is morally justified in committing the offence, and that he was under duress at ..... days would vitiate the discovery evidence relied upon by the prosecution? in our opinion, the answer should be in the negative.section 27 of the indian evidence act permits reception of evidence about information, whether amounting to confession or not, in consequence of which a fact is discovered, if the information was received from ..... who makes two inconsistent statements is not reliable but where the court is satisfied that the earlier statement was true that would not debar the court from acting on such evidence.applying the same principles here, if the evidence of panch witness pravinkumar given in the present case is found otherwise acceptable, the same .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)1GLR676
..... that very day at about 17.30 hours. simultaneously, he sent one police head constable shri maganbhai k. katara to call two independent persons, who can act as panch witnesses. as soon as two independent persons came to narcotic office, situated at new mental compound, ahmedabad the complainant drew a preliminary panchnama in presence ..... the independent witnesses.[j] the documents which are produced by the prosecution during the trial are not duly proved in accordance with the provisions of indian evidence act and, therefore, that documents cannot be looked into and considered by the court.[k] the complainant is an interested witness because he was interested to see ..... articles are referred to the 'officer in charge of the nearest police station', a distinct agency, then the 'officers contemplated under section 53' of the act comes into the picture which requires the taking of sufficient safeguards to protect the seized property in the interests of the arrested persons.the distinction is also .....
Tag this Judgment!Court : Gujarat
Reported in : (1973)14GLR209
..... minor breaches of peace of a purely local significance which primarily injured specific individuals, and only in a secondary sense public interest. therefore a large number of acts directed against individual might total up into breach of public order. therefore in every case this question of degree of the harm and its effect upon the ..... public order, decency or morality and all other public interests which might be compendiously described as social welfare. their lordships pointed out that chapter 5 of the act was headed as 'special measures for maintenance of public order and safety of state' and the sub-head ii therein provided for 'dispersal of gangs and removal ..... a show cause notice 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 .....
Tag this Judgment!Court : Gujarat
Reported in : (1973)14GLR537
..... face of legislative provision itself or the legislative provision itself must co-relate the fee with the expenditure incurred by the government in rendering services. in the hingir rampur coal co. ltd. and ors. v. the state of orissa and ors. : [1961]2scr537 , again the question of fee was considered and it was pointed ..... no. 979 of 1970 filed by the present petitioners, therefore, is allowed and it is declared that article 15 of first schedule of the bombay court fees act, 1959, is void, ultra vires and beyond the legislative competence of the state legislature. a direction is consequently issued under article 226 of the constitution quashing and ..... under article 226 of the constitution of india the petitioners have challenged the constitutional validity of article 15 of the first schedule of the bombay court fees act, 1959. this special civil application has been filed out of abundant caution and the challenges to the constitutional validity have been properly formulated in this special .....
Tag this Judgment!Court : Gujarat
Reported in : (1998)1GLR116
..... said discovery is admissible against accused, but confessional statement made by the accused and allegedly recorded in the panchnama prepared under section 27 of the evidence act cannot be relied on for the purpose of basing conviction. while believing the case of prosecution regarding extra-judicial confession made by the appellant, the ..... is dependent on extra-judicial confession, it would be worthwhile to notice law on the subject. the word 'confession' has not been defined in evidence act, 1872. a confession is an admission made at any time by a person charged with crime stating that he committed the crime. confessions can be ..... officers to the place which was pointed out by the appellant. the investgating officer prepared panchnama of place of occurrence, under section 27 of the evidence act. the investigating officer thereafter recorded statement of the appellant. the appellant lodged complaint against patel arjanbhai bhagwanjibhai for the offences punishable under sections 497 & 506( .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)2GLR1545
..... 3 were within the power of a superintendent and they were able to ventilate their grievances freely and their suggestions to minimise the hardships were being effectively acted upon. if the contents of the affidavit filed by the petitioners are appreciated in the light of the actions taken by respondent no. 3 and changes made ..... by the jailor and only non-objectionable items were taken inside the prison after recording the items in the prescribed register. quoting section 31 of the prisons act and referring to rule 1365 of the jail manual, it is submitted that when statutory provisions have conferred obligations on him as jail superintendent, it was his ..... respondent nos. 1 and 2. according to respondent no. 3 after joining as superintendent of central jail, sabarmati, he had studied carefully the provisions of prisons act, bombay jail manual and committee rules for superintendence and management of jails. it is also claimed that he has studied some of the judicial pronouncements of the apex .....
Tag this Judgment!Court : Gujarat
Reported in : (1999)1GLR619; (2000)2GLR256
..... the judge beyond reasonable doubt. the investigation contemplated in article 124(5) of the constitution or investigation or inquiry envisaged in the act are synonymous and interchangeable. however, we find that this case has no relevance to the question under consideration and so far as the present case is ..... 'investigation' was considered by the supreme court and the supreme court held that the words 'investigation' and 'inquiry' used in article 124(5), the act and the rules are interchangeable and do not take different colours from varied contexts, but connote the same theme to prove/ disprove misbehaviour or incapacity charged against ..... a prosecution can be launched as provided in chap. xvi. the machinery is however, not created for the purpose of investigation of crime under any central act. it cannot be said that that is a separate machinery for the purpose of investigation of crimes bypassing the provisions of the criminal procedure code. there is, therefore .....
Tag this Judgment!Court : Gujarat
Reported in : (1995)119CTR(Guj)150; [1995]211ITR575(Guj)
..... persons.this court in cit v. harivadan tribhovandas 0043/1973 : [1977]106itr494(guj) construed the words 'body of individuals' occurring in section 2(31) of the act as a conglomeration of individuals who carry on some activity with the object of earning income. in order to construe the said words, this court referred to the ..... obviously, the provisions relating to computation of income would be applicable even in a case where the representative assessee has to be assessed under section 164 of the act. therefore whether an assessee, including a representative assessee, would be entitled to the benefit of deduction under section 80l or not will have to be decided by ..... and it cannot be different from the persons they represent. the tribunal, relying upon the observations made by the supreme court in matters arising under the wealth-tax act, 1957, held that the status of the trustees of a discretionary trust is necessarily that of an individual and, therefore, that would also be the status .....
Tag this Judgment!Court : Gujarat
Reported in : (1992)1GLR654
..... of the constitution was considered by the supreme court in the case of hingir-rampur coal co. v. state of orissa : [1961]2scr537 . in that case the validity of the orissa mining areas development fund act, 1952 (27 of 1952) was challenged on various grounds including that it was ..... ii enactments repealed (see section 76)_______________________________________________________________________________________year no. enactments extent of repeal(1) (2) (3) (4)_______________________________________________________________________________________1899 ii the indian stamp act, 1899, the whole except insofar as it in its application to the pre- relates to documents specified reorganisation state of in entry 91 of ..... repugnant to the central act 53 of 1948. with regard to the central act the court observed that it is difficult to hold that .....
Tag this Judgment!Court : Gujarat
Reported in : (1973)14GLR112
..... view to minimising the scope of that evil. in the light of this social background their lordships considered the reasonableness of the restrictions imposed by the impugned act, in the light of the magnitude of the evil which was sought to be eliminated. their lordships, therefore, justly balanced the individual liberty as against the ..... to the satisfaction of the examining officer was to be deemed to be in possession of such person in contravention of the provisions of the act. chapter iii of the act was referred to which contained sections 8 to 11 dealing with restrictions relating to the manufacture, acquisition, possession, sale, transfer or delivery of ..... the partners must have approval of the administrator so that he can judge the suitability of the reconstituted firm in issuing a licence as required by the act. therefore, such restriction cannot be said to be an unreasonable restriction but only a permissible restriction. besides, in the approval function the administrator could never .....
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