Judgment Search Results Home > Cases Phrase: commissions of inquiry act 1952 Court: gujarat Page 19 of about 260 results (0.067 seconds)

Vinodbhai Bikhabhai Harijan Vs. Election Officer and Additional Taluka ...

Court : Gujarat

Reported in : (1998)1GLR604

..... the court was of the view that, (i) the dispute raised was in respect of election of a body of professionals and the strict rules applied in respect of holding of election under the representation of the people act or other statutory authority were not applicable, (ii) non-consideration of the claim advanced in the petition was likely to lead to multiplicity of litigation, (iii) sub-section (2) of section 10 of the chartered accountants ..... 1996]3scr687 , it is clearly ruled that once an election process has been set in motion, the high court would not be justified in interfering with the same because the object of relevant act, the rules made thereunder and article 243-0 is to see that the election process to the gram panchayat, once is set in motion, the process should be culminated in the declaration of ..... petition is that before rejecting nomination paper presented by the petitioner, no inquiry worth the name as contemplated by rule 15(2) of the gujarat panchayats election rules, 1994 was made by the returning officer and as the impugned decision is contrary to the provisions of the gujarat panchayats act, 1993 as well as election rules framed thereunder, the same is liable ..... the state election commission issued notification in official gazette for ..... returning officer, namakkal constituency (1952) 3 scr 218 there is hardly any room for courts to entertain applications under article 226 of the constitution in matters relating to elections.from the judgment of the apex court ..... 1952 .....

Kershi Pirozsha Bhagvagar Vs. State of Gujarat and anr.

Court : Gujarat

Reported in : 2007CriLJ3958; (2007)3GLR2508

..... the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provision of this act, be punished with imprisonment for a term which may extend to two years, or with fine which may extend to twice the amount of the cheque, or with both:provided that nothing contained in this section ..... with the commission of three of offences of theft in the course of 12 months and in one case the theft happens to be of a gun for the possession of which the accused holds no license, i cannot see how the accused would be prejudiced by combining the three charges of theft under section 234 with a charge under the arms act under section ..... was whether application of section 5(2) of the code was excluded by insertion of sections 22-a and 22-b in forward contracts (regulation) act, 1952. ..... section 219 of the code are applicable to investigations, inquiries and trials under section 138 of the n.i. ..... statutes, the supreme court ruled that application of section 5(2) of the code was not excluded as far as investigation under the forward contracts (regulation) act 1952 was concerned.17. ..... the state 1952 cri lj 779 (supra), this court is of the firm view that sections 218 to 224 of the code, though ..... 1952 ..... the state 1952 cri lj 779 (supra), were unfortunately, not brought to the notice of the learned ..... the state 1952 cri lj 779 (supra) is binding upon this court in view of the full bench judgment .....

Jayesh @ Ebha Merubhai Chavda Through his Father Merubhai Devubhai Cha ...

Court : Gujarat

..... the above provisions that the court before whom an accused person raises a plea of his being a juvenile on the date of commission of offence, the court is competent to conduct an inquiry and in course of such enquiry, the court can take such evidence as may be necessary in order to determine the age of ..... (1) where it appears to a competent authority that person brought before it under any of the provisions of this act (otherwise than for the purpose of giving evidence) is a juvenile or the child, the competent authority shall make due inquiry so as to the age of that person and for that purpose shall take such evidence as may be necessary (but not an affidavit) and shall record a finding whether the person is a juvenile or ..... in that court as if this act had not been passed and if the court finds that the juvenile has committed an offence, it shall record such finding and instead of passing any sentence in respect of the juvenile, forward the juvenile to the board which shall pass orders in respect of that juvenile in accordance with the provisions of this act as if it had been satisfied on inquiry under this act a juvenile has committed the offence. ..... may be raised before any court and it shall be recognised at any stage, even after final disposal of the case, and such claim shall be determined in terms of the provisions contained this act and the rules made thereunder, even if the juvenile has ceased to be so on or before the date of commencement of this ..... act, 1951 (1 of 1952 .....

Nayak Chuniben Chandubhai and Others Vs. Chief Election Commissioner a ...

Court : Gujarat

..... indisputably, however, in terms of subsection (5) of section 36 in handbook for returning officers, if any objection is raised then while holding the summary inquiry in the matter of taking a decision on the objection as to whether the same is valid or not, he is not only required to record his brief decision for the same but further in case of doubt the benefit ..... the certificates given by the talati for toilets were in respect of the other places and not of the places of residences of the petitioners, the returning officer decided to hold summary inquiry to find out through site inspection as to whether the petitioners have water closets (toilets) at the places of their ordinary residences. ..... the statutory duties of the returning officer to scrutinize the nomination paper in the light of section 8 of the act and he is statutorily authorised to hold a summary inquiry about the qualification and disqualification of a candidate (see birad mal singhvi v. ..... which vests in the returning officer is not dependent upon any instructions issued by the election commission, therefore, it is not necessary to enter into the controversy which is sought to be raised as to whether the instructions issued by the election commission are in exercise of its power under article 324 or not. ..... said that the election commission by its letter dated 2881997 had brought to the notice of the returning officers certain decisions of different high courts in regard to disqualification under section 8 of the act. .....

The Gujarat State Financial Corporation, Ahmedabad Vs. Lotus Hotels Pv ...

Court : Gujarat

Reported in : AIR1982Guj198; (1982)2GLR49

..... he states that the high court was pleased to come to the conclusion that there was no evidence against him to connect him with the commission of the alleged offence and that being so the charge framed against him by the learned trial magistrate was quashed. ..... (ii) where the contract entered into between the person aggrieved anti the state is in exercise of a statutory power under certain act or rules framed there under and the petitioner alleges a breach on the part of the state; and (iii) where the contract entered into between the state and the person aggrieved is non-statutory and ..... were seized under the belief that they were unaccounted, that after necessary inquiries the income-tax authorities finally arrived at the conclusion that the unaccounted gold ornaments weighed 1018 gms ..... 1,51,500/- as profit from illicit business in french polish thinner and forging of denatured spirit permits which were offences under the prohibition act; and (iv) that on inquiry it was found that shri v. a. ..... jaiswal was convicted for the commission of any offence under the prohibition act. ..... he then refers to another case filed against him in the court of the metropolitan magistrate, 7th court, ahmadabad, for the commission of offences punishable under ss. ..... of the corporation that this answer misled the corporation in that it thought that those concerned with the company including the sponsor-director were not in any manner involved in any enquiry instituted for the commission of an economic offence. .....

Gaurav Pradip Verma Vs. State of Gujarat

Court : Gujarat

Reported in : 2008CriLJ4009; 2008GLH(1)724; (2008)1GLR873

..... juvenility is raised before any court: (1) whenever a claim of juvenility is raised before any court or a court is of the opinion that an accused person was a juvenile on the date of commission of the offence, the court shall make an inquiry, take such evidence as may be necessary (but not an affidavit) so as to determine the age of such person, and shall record a finding whether the person is a juvenile or a child ..... ' means a juvenile who is alleged to have committed an offence and has not completed eighteenth year of age as on the date of commission of such offence.4.1 she has submitted that as per the juvenile justice (care and protection of children) amendment act, 2000 there is an amendment to section 20 by inserting explanation stating that in all pending cases including trial, revision, appeal or any ..... of such conviction shall be removed after the expiry of the period of appeal or a reasonable period as prescribed under the rules, as the case may be.10.4 by the aforesaid provision the act has also tried to see that the stigma on a juvenile attaching to a conviction of an offence under the law is removed.10.5 from the facts of the case and finding given by ..... be in his interest or in the interest of other juvenile in a special home to send him to such special home and that none of the other measures provided under this act is suitable or sufficient, the board may order the juvenile in conflict with law to be kept in such place of safety and in such manner as it thinks fit and .....

Tushar D. Bhatt Vs. State of Gujarat

Court : Gujarat

Reported in : (2004)3GLR680

..... in any material irregularity or illegality so as to result in miscarriage of justice;(c) whether the findings as justified, and(d) whether, the penalty imposed is excessive, adequate or inadequate, and, after consultation with the commission, if such consultation is necessary in the case, pass orders -(i) setting aside, reducing, confirming, or enhancing the penalty, or(ii) remitting the case to the authority which imposed the penalty or to any other authority for further ..... inquiry or with such direction as it may deem fit in the circumstances of the case;'the impugned order would show that all the factors prescribed in rule 21, which are required to be kept in ..... officer instead of reporting at transferred place, (3) he exerted mental pressure and also gave threats by writing letters to the head of the department for transferring him to a place of his choice, (4) he acted beyond his official authority by giving notice to his superior officer under the provisions of gujarat civil services (discipline and appeal) rules (for short 'the rules'), (5) he flouted and disobeyed the orders of head ..... of the petition that even after the departmental inquiry was initiated against the petitioner he had been complaining about the alleged acts of misconduct having been committed by respondent no. .....

Shantilal K. Naik Vs. State of Gujarat and anr.

Court : Gujarat

Reported in : (1993)2GLR1418

..... one part relates to the substantial relief of quashing the charge-sheet and pending inquiry and the other relates to interim relief with regard to the opening of the sealed cover in respect of the petitioner's promotion to the ..... the file was accordingly reconstructed and the recommendations for initiating inquiry was accepted by the government at the level of hon'ble chief minister on 27-11-1990 when it was decided to issue the charge-sheet as per the charges framed ..... delay and when there is no satisfactory explanation for the same, it would be unfair to permit departmental inquiry to be proceeded with depending upon the facts and circumstances of each case. ..... for the commission of offence punishable under sections 66(1)(b) and 85(1)(3) of the bombay prohibition act, 1949 ..... say of the respondents that the petitioner being class it officer, the procedure for initiating inquiry is lengthy and cumbersome and has to be followed in view of the rules of business ..... subsequent to the issuance of the charge-sheet, since issue of the charge-sheet is a consequence of the decision to initiate disciplinary proceedings framing the charge-sheet, is the step taken for holding the inquiry into the allegations, on the decision taken to initiate disciplinary proceedings. ..... such cases is either to call for an explanation from the authorities in the matter, and if it is found unsatisfactory, to direct them to complete the inquiry within a stipulated period and to increase the suspension allowance adequately. .....

G.V. Chaudhari and 5 ors. Vs. State of Gujarat and anr.

Court : Gujarat

Reported in : 2007CriLJ4481

..... agency, has remained a mute spectator and has not come forward with even the report of the inquiry commission appointed by it and not co-operated with the inquiry held in the court, has to be held against it and the petitioners. ..... is important and if it falls within the scope and range of his official duties, the protection contemplated by section 197 will be attracted; (e) there must be a reasonable connection between the act and the discharge of official duty; the alleged act must bear such relation to the duty that the accused could lay a reasonable, but not a pretended or fanciful claim, that he did it in the course of the performance of his ..... prosecution story at its face value and in absence of any worthwhile and reliable material before this court to believe that the petitioners had committed the alleged acts of violence while acting or even purporting to act in the discharge of their official duty, it would be improper, unjust and illegal to stifle the prosecution by quashing the complaint itself as prayed by the petitioners. ..... conditions and circumstances in which it shall be available and the effect in law if the conditions are satisfied....the section does not extent its protective cover to every act or omission done by a public servant in service but restricts its scope of operation to only those acts or omissions which are done by a public servant in discharge of official duty....the section has, thus, to be construed strictly, while determining its applicability to .....

Vajir Menaben Shankarbhai Vs. Election Commission thro' the Election C ...

Court : Gujarat

Reported in : (2007)3GLR2750

..... in view of the seriousness of the matter, we also directed the election commission to hold an inquiry in the matter through the district election officer and to submit a report before this court indicating who were the person/ s responsible for subverting the entire election process to the extent of getting ..... soon as the declaration of the result in form 12 or form 28 is received from the returning officer, the election commission shall publish the name or names of elected member or members as the case may be,...in form 29, 30 or 31 as may be appropriate by affixing a signed copy thereof on the notice board in its office.sub-section (1) of section 31 of the gujarat panchayats act, 1993 insofar as the same is relevant, reads as under:31. ..... the concerned officers have without reasonable cause been guilty of a serious act of commission or omission in breach of their official duty. ..... candidate with less number of votes is declared elected as against the candidate who has obtained higher number of votes, obviously the concerned officers have, in the conduct of the management of the election, done an act for the furtherance of the prospects of election of the candidate who has obtained the lesser number of votes. ..... 31 of the gujarat panchayats act begins to run from the date of declaration by the returning officer under sub-rule (1) of rule 63 and not from the date of publication of the result under sub-rule (3) of ..... 40 and any other relevant provisions of the gujarat panchayats act, 1993. .....