Court : Gujarat
Reported in : 2007CriLJ2163; (2007)3GLR1889
..... undergo simple imprisonment for one month. so far as the offence punishable under section 5(1)(d) read with section 5(2) of the prevention of corruption act (old act) is concerned, the substantive sentence is reduced to rigorous imprisonment for one month and a fine of rs. 5000/-. as the appellant has already paid an ..... . there was no statutory obligation on the part of the learned trial judge to impose punishment of particular period. no minimum punishment was prescribed under the act (old act). so the period of substantive sentence imposed by the learned trial judge should be held to be a harsh and unwarranted period of sentence and therefore, ..... the notice to show cause which was issued by the appellant as revisional authority. having considered the relevant provisions and basic scheme and structure of the ceiling act and the reasons assigned in invoking suo motu revisional jurisdiction, it is possible to infer that as such there was no scope for initiating such proceedings. undisputedly .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1985Guj9
..... a case of incorporation but of mere reference and hence additional power of taxation conferred on the municipal corporation or municipalities by amending the corporation act and the municipalities act became available to the special development authority.7. keeping in the background, for the moment, the abovementioned aspect of a statute or provisions of ..... by which the development authority korba was directed to exercise the powers and perform the functions of a class i municipality constituted under the 114 p. municipalities act, 1961. this notification became effective from 27-2-1976 from which date ordinance no. 26 of 1975 was made effective. by another notification dt. 15- ..... statutes in pari materia so as to form one system.'in para-12, the supreme court observed-'.......we have already indicated that the object of the act was to eradicate corruption from various levels either in government services or in services under the corporation or government companies. the penal code no doubt .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)3GLR2204
..... similar tuitions, obviously becomes more relevant because in such cases, the panchnamas are lengthy and most of the part of the panchnamas are procedural. the court should act consciously while branding a particular witness a tutored because it becomes stigma for an individual. so unless it becomes clear that a witness was tutored from the deposition ..... narrated above, between the appellant and the complainant when the complainant visited the said house second time, even is not accepted to be true, then also the act of asking the complainant as well as the panch no. 1 to go upstairs discloses element of some hidden understanding between the complainant and the appellant.(viii) ..... accused for the offences punishable under section 161 of the indian penal code and sections 5(2) r/w. 5(1)(d) of the prevention of corruption act, is hereby confirmed. however, the order imposing rigorous imprisonment for one year for the aforesaid offences is hereby reduced to six months and the appellant is hereby .....
Tag this Judgment!Court : Gujarat
Reported in : [1976]46CompCas227(Guj)
..... circumstances cannot, therefore, be over-emphasised. similarly, the fact that the reserve bank thought it necessary to cancel the licence under section 22 of the banking act is also not very relevant. such an action was but a formality, if not a meaningless exercise, because, as stated earlier, the entire undertaking including ..... and withdrawable by cheque, draft, order or otherwise'. it would thus appear that in order to constitute a banking company within the meaning of the banking act, two conditions must be satisfied : first, that the company in question must be transacting business and, secondly, that such business must consist of acceptance of ..... whether the statutory provisions have been complied with; secondly, whether the classes were fairly represented by those who attended the meeting and whether the statutory majority were acting bona fide, and, thirdly, whether the scheme is such as a man of business would reasonably approve. bearing in mind these principles, the scheme may be .....
Tag this Judgment!Court : Gujarat
Reported in : (1994)1GLR571
..... section 2(n) of the criminal procedure code, 1973, which means 'any act or omission made punishable by any law for the time-being in force and includes any act in respect of which a complaint may be made under section 20 of the cattle trespass act, 1871 [one of 1871].' now, in the light of the said definition of 'offence', ..... to be passed?'secondly, 'whether the contravention of clause 16 of the gujarat essential articles [licensing, control & stock declaration] order, 1981, framed under the essential commodities act, 1955 can ever be termed to be a 'technical offence' or the same is quite grave and serious enough to be lightly countenanced, while awarding the sentence?'andthirdly, ..... let us try to appreciate and understand what is the meaning of the word 'technical offence'. now, undoubtedly if the literal and face value meaning of the term 'offence' as defined under section 2(n) of the act is to .....
Tag this Judgment!Court : Gujarat
Reported in : (1967)8GLR911
..... and the other is that the grant must be 'entered as class i, ii, iii, iv or v in the records kept under the rules made under the pensions act, 1871.' both the conditions are admittedly not fulfilled in the present case and the grant would, therefore, not be a personal inam within the meaning of clause (ii). it must ..... or office and entered as class i, ii, hi, iv or v in the records kept under the rules made under the pensions act, 1871.this was the definition as originally enacted in the act but by gujarat act 42 of 1961 explanation ii was introduced with retrospective effect and this explanation reads as follows:explanation ii: - in sub-clause (i) ..... and we need not say anything about it. section 4 extinguishes all personal inams and says that, save as expressly provided by or under the provisions of the act, all rights legally subsisting on the appointed day in respect of such personal inams shall be deemed to have been extinguished, subject to certain exceptions which are not material .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1966Guj221; 1966CriLJ994; (1966)0GLR357
..... intention contemplated in section 34 of the i.p.c. shared by this appellant with any other persons, and consequently the question of liability would obviously turn on the act individually committed by the appellant. it is amply established, and even in respect of which there is no dispute, that the appellant had an iron-shod stick, and ..... in the circumstances of the case. the offence in that respect for which the appellant can be held responsible would be on the basis of the minimum intention actuating his act and thereby giving rise to his liability for the same. it was in this connection urged by mr. nanavati, the learned assistant govt. pleader appearing for the state, ..... intention shared by him with any other person, he can only be saddled with the liability on the principle of attributing to him the minimum intention or knowledge for the act committed by him. in fact, we have taken a similar view very recently in case of nazir v. state of gujarat, criminal appeal no. 1091 of 1964 (guj .....
Tag this Judgment!Court : Gujarat
..... avoid unnecessary arrest or threat of arrest looming large on accused requires to be vitalised. section 41a as inserted by section 6 of the code of criminal procedure (amendment) act. 2008{act 5 of 2009). which is relevant in the context reads as follows ; "41 a. notice of appearance before a police officer.- (1) the police officer shall, ..... corruption. the attitude to arrest first and then proceed with the rest is despicable. it has become a handy tool to the police officers who lack sensitivity or act with oblique motive. 7. law commissions, police commissions and this court in a large number of judgments emphasized the need to maintain a balance between individual liberty and ..... 9. submissions on behalf of the applicant : 9.1 mr. i.h. syed, the learned counsel appearing for the applicant vehemently submitted that the investigating agency has acted in a very high-handed manner in the present case and for no fault on the part of his client he is being harassed. mr. syed submits that although .....
Tag this Judgment!Court : Gujarat
..... avoid unnecessary arrest or threat of arrest looming large on accused requires to be vitalised. section 41a as inserted by section 6 of the code of criminal procedure (amendment) act. 2008{act 5 of 2009). which is relevant in the context reads as follows ; "41 a. notice of appearance before a police officer.- (1) the police officer shall, ..... corruption. the attitude to arrest first and then proceed with the rest is despicable. it has become a handy tool to the police officers who lack sensitivity or act with oblique motive. 7. law commissions, police commissions and this court in a large number of judgments emphasized the need to maintain a balance between individual liberty and ..... 9. submissions on behalf of the applicant : 9.1 mr. i.h. syed, the learned counsel appearing for the applicant vehemently submitted that the investigating agency has acted in a very high-handed manner in the present case and for no fault on the part of his client he is being harassed. mr. syed submits that although .....
Tag this Judgment!Court : Gujarat
..... against the respondent-accused that they have agreed to pay any amount and the respondent-accused demanded that agreed amount. thus, reading of section 4 of the dowry prohibition act with the help of definition of term "dowry' in section 2 would show that demand so as to bring the case under section 4 must be of a property ..... chargesheet against the respondent-accused for the offence punishable under sections 302, 304-b and 498-a of the indian penal code and section 4 of the dowry prohibition act. 2.2. upon committal of proceedings before the court of sessions judge, the respondent-accused appeared before the court to stand trial of the accusations levelled against him ..... came to be acquitted of the charge of offence punishable under sections 302, 304-b and 498-a of the indian penal code and section 4 of the dowry prohibition act. 2. the prosecution case as unfolded before the trial court can be shortly stated thus:- 2.1. that, on 14.06.1991, the respondent - accused murdered his wife, .....
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