Court : Gujarat
Reported in : 1978CriLJ1518; (1978)GLR1095
..... local authority' and this definition so far as is relevant reads as under:'local authority' means in the ease of(1) a local area which is(a) a municipality, the municipal board or municipal corporation.xx xx xx xxsection 9 of the act empowers the central government or the state government to appoint such persons as it thinks fit, having the prescribed qualifications to be food inspector for such local areas as may be assigned to them by the central government or the ..... municipal corporation is a local authority as specified under section 2(viii) which can institute prosecution under the act or authorise a person to launch prosecution, or prosecution may be instituted with the written consent of ..... held that even assuming that there was any irregularity in the appointment of sethi as a food inspector the purchase made by him was covered by the provisions of section 12 of the act and there was no illegality in the prosecution instituted on the complaint of the assistant municipal prosecutor. ..... it will be seen that section 20 provides that no prosecution for the offence under the act shall be instituted except by or with the written consent of the central government or the state government or a local authority, or a person authorised in this behalf by general or special order by the central government ..... convicted the accused for the offence punishable under section 18(1)(a)(i) read with section 7(1) of the act and sentenced him to simple imprisonment for six months and to pay a fine of .....
Tag this Judgment!Court : Gujarat
Reported in : (1966)7GLR786
..... a piece of legislation has to be tolerated in all countries where the same cannot be challenged on constitutional grounds, the ordinary presumptions would be that no legislature in any civilized country would ever think of empowering an officer to act in a mala fide manner and that a court of law shall not hold that such a power is conferred on an officer unless the legislature has provided for the same, expressing its intention, explicitly or by necessary implication. ..... question which was raised for decision in hasanalli 's case was not whether the defence of mala fides is barred by the provisions contained in sub-section (7) of section 27 of the city of bombay police act (1902); but the question was, whether the defence that the order of externment was bad on account of the fact that that order did not mention the route by which the proposed externee was to ..... the presumption would be that, when a power is conferred by a legislature, sovereign of subordinate, upon any officer, the legislature intends that the officer shall act within the limits of his power and not in excess thereof and that, in exercise of such a power, the officer will act in good faith and that, when a power is conferred by a statute upon an officer, it carries with it, in exercise of that power, the duty to exercise the power ..... of police, special branch, ahmedabad, passed an order of externment on 26th april 1964 against each of the petitioners under section 56 of the bombay police act, 1951 (bombay act no. .....
Tag this Judgment!Court : Gujarat
Reported in : (1969)10GLR288
..... is not maintainable is not founded on the plea that there is an award which bars the suit but that the parties have by mutual agreement settled the dispute and that the agreement and the subsequent actings of the parties are binding.we are only quoting these passages from the judgment in order to show that their lordships were aware of the judgments which existed and which had taken the view that ..... but where there is a real award sections 31 to 33 make it clear that no suit can be brought either to enforce or challenge it and that all proceedings with regard to the arbitration agreement or award have to be taken as provided in the act and before the court indicated therein.the distinction, therefore, that is sought to be made by their lordships of the madras high court is that because some injustice may result to the parties if a mythical award is set up by the ..... the plaintiff then filed a suit against the defendants to recover the earnest money paid by him to the defendants on the question whether the suit was barred under sections 31, 32 and 33 of the arbitration act, 1940, by virtue of the award:held, that as the award had no legal existence, it did not bar the plaintiffs suit which was based on his original cause of action.it will be necessary to bear in mind before dealing ..... he urged that the arbitrator failed to declare the accounts as on the 6th june 1964 and therefore, the award was a nullity. ..... 1 and the appellant company. .....
Tag this Judgment!Court : Gujarat
Reported in : (1973)14GLR921
..... relating to insolvency or the winding up of companies, be transferred to and vest in the workman, and upon any such transfer the insurers shall have the same rights and remedies and be subject to the same liabilities as if they were the employer, so however, that ..... insolvency of employer:where any employer has entered into a contract with any insurers in respect of any liability under this act to any workman, then in the event of the employer becoming insolvent or making a composition or scheme of arrangement with his creditors or if the employer is a company, in the event of company having commenced to be wound up, the rights of the employer against the insurers as respects that liability shall, notwithstanding anything in any law for the time being in force, ..... it was most equitable because the insurer, in the course of his business out of which he made profit, could arrange his business in such a way that in the net result he would never suffer loss. ..... pessumal : [1964]7scr867 where there was a comprehensive policy, with the permitted driver's extension clause, their lordships in terms held that even though the company might not be statutorily liable to take such wider insurance policy, once it gave wider coverage, it became 'insurer' under section 96(2) so far as that permitted driver pessumal was concerned .....
Tag this Judgment!Court : Gujarat
Reported in : (1987)2GLR1043
..... that in view of the specific provisions under clause (4) of article 227 of the constitution the high court has no power of superintendence over the general court martial which is a tribunal constituted under the army act, and in view of the said specific provisions the jurisdiction of the high court to issue a writ or certiorari or any other writ under article 226 of the constitution also cannot be exercised. ..... bajaj had issued orders on 15-7-1982 to all the companies of the whole of the regiment including the company under the appellant to attend weapon cleaning parade in the night of 15-7-1982 from 20-30 to 22-30 hours, and under the army act it was obligatory on the part of the appellant-petitioner to obey the orders so made by himself as well as by all the personnel of his company, and despite of clear position of law and disciplinary obligation, the appellant-petitioner defied ..... whenever any body or person having legal authority to determine the questions affecting the rights of the subjects or having a duty to act judicially, acts in excess of the legal authority, writ of certiorari can be issued to quash the decision which is beyond the jurisdiction of such ..... india 1971 (1) slr 626, considered the definition of 'superior officer' given in clause (xxiii) of section 3 army act, and observed that the said definition does not have any reference to the relationship of the 'boss and the 'subordinate ..... for admission of students to the karnataka engineering college air 1964 mysore 6. .....
Tag this Judgment!Court : Gujarat
Reported in : (1980)21GLR353
..... act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of ..... 1971crilj418 , and the supreme court has interpreted the same in the following terms:it was urged that the two respondents were in charge of, and were responsible to, the company for the conduct of the business of the company and consequently, they must be held responsible for the sale and for thus contravening the provisions of clause 5 of !he iron and steel (control) order ..... company as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly:provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention.sub-section (2) reads(2) notwithstanding anything contained in sub-section (1), where an offence under this ..... provisions of the act, with regard to the offences by a company, in this connection, may be looked into as they are contained in section 10 of the act .....
Tag this Judgment!Court : Gujarat
Reported in : (1975)16GLR31
..... the decision further lays down that section 20(a) of the code of the civil procedure applies not only to a statutory corporation but also to a company registered under the indian companies act and at the place where the corporation has its principal office it shall be deemed to carry on business and, therefore, the court at that place would be also one of the competent courts under the code ..... sugar mills : air1954mad845 , by a division bench of the madras high court, where the aforesaid decision of the court of appeal in austrian lloyd steamship company's case proceeding on the ground that such a agreement amounted to a submission to arbitration was distinguished on the ground that the chosen court was the foreign court where the question of ..... 1 but against all the four defendants and as the plaintiff had relied upon not only the original agreement of may 9, 1964, but also on the two subsequent agreements which had been by way of a tripartite arrangement, this was a fit case where discretion ought to be exercised by entertaining the suit at bhuj where this contract ..... company at adipur as per the agreement, dated may 9, 1964 ..... 1, dated may 9, 1964 did not operate as an absolute bar to the jurisdiction of the bhuj court, and that he had discretion in such a case to entertain a suit as otherwise great hardship and inconvenience would result to the parties if ..... serajuddin : [1964]1scr19 for exercising discretion in this case for entertaining the present suit as otherwise there would ..... [1964] .....
Tag this Judgment!Court : Gujarat
Reported in : (1965)6GLR958
..... did not carry out what he was required to carry out under section 155 of the criminal procedure code and did not do anything which was expected of him under section 64(b) of the bombay police act but instead he decided not to do anything further in the matter and to destroy the very evidence on the basis of which he was required to take further action under section 155 of the ..... to madhukanta dave as a police officer in charge of the police station had two duties to perform-one under section 155 criminal procedure code and the other under section 64(b) of the bombay police act 1951 information relating to this offence which was not a cognizable offence was received by dave as an officer in charge of the police station and it was his duty under section 155 of ..... 24th the fact still remains that he prepared this under cover of his duty to prepare a correct panchnama and a correct report and there is no escape from the conclusion that the acts by which the office under section 218 of the indian penal code was alleged to have been committed by the appellant were done by him under colour of a duty laid down him ..... section 165a of the indian penal code and section 5(1)(d) read with section 5(2) of prevention of corruption act 1947 both of them have been found guilty of the offences with which they were charged by the learned special judge ahmedabad who by his judgment and order dated 9th of june 1964 sentenced each of them to rigorous imprisonment for two and a half years and a fine of .....
Tag this Judgment!Court : Gujarat
Reported in : 1962CriLJ417; (1961)GLR717
..... commission of an offence, it does not necessarily mean that he acquires knowledge that the offence has been committed if he does not believe the information to be correct or wants to verify the truth before acting upon it, he does not treat it as knowledge and it is only when he verifies the information by visiting the factory and finds that in his opinion an offence has been committed that' he ..... even though there might be contravention of the provisions of section 63, the respondent could not be held guilty of an offence under section 92 inasmuch as the respondent had no mens rea had acted in good faith under the bona fide impression that he was not committing any breach of the provisions of section 63 so long as he paid extra wages for overtime work to the workers ..... .10th june 1959 to the respondent requesting the respondent to explain why the workers working in the combing department of the factory of the company were made to work for nine hours per day and 54 hours per week during the period 20th april 1959 to 31st may 1959. ..... them would be no scope for the application of the principle that a person cannot be convicted of a crime unless it is shown not only that he has committed a forbidden act or default but also that a wrongful intention or blameworthy condition of mind can be imputed to him- as a matter of fact the modern tendency in statutes is to decrease the importance of mens rea in ..... company is situate in jamnagar and is governed by the provisions of the factories act .....
Tag this Judgment!Court : Gujarat
Reported in : (1971)12GLR213
..... the food inspectors to the learned magistrate seeking appropriate orders in respect of the articles seized from the petitioners, were not maintainable in view of the provisions of section 20 of the prevention of food adulteration act (hereinafter referred to as the act) as no written consent of the appropriate authority was obtained prior to the institution of the proceedings as required by the said provisions. ..... food and if a person contravenes any of these provisions then he is liable to a punishment under section 16 of the act in short, the provisions of the act make certain acts or omissions penal, that, is they create and define offences and provide for punishment thereof. ..... filing of the applications seeking appropriate orders in respect of the articles seized amounted to a prosecution for an offence under the act and, therefore, were not maintainable unless previous written consent was obtained from the appropriate authority. ..... the provisions of sub-sections (4) and (7) of section 10 and sub-section (4) and (5) of section 11 of the act are preventive in nature and the court only holds an inquiry in order to decide what appropriate orders should be passed in respect of the goods seized ..... application filed by the food inspectors to obtain appropriate orders from the learned magistrate were applications for prosecution is respect of the act or omission made punishable under the provisions of the act and, therefore, required a previous written consent of the appropriate authority. .....
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