Court : Gujarat
Decided on : Oct-24-1996
Reported in : (1997)3GLR2386
..... situated are dealt with in like manner. the necessary inquiry may be made and whosoever found to have purchased the land in violation of the provisions of the act, 1948 should be dealt with severely. it is further expected of the secretary, revenue department at gandhinagar, to hold an inquiry against the concerned officers why and ..... benevolent provisions of a statute. the persons who earn the profit by sale of agricultural land for non-agricultural purposes defeat the very object and purpose of the act, 1948 which clearly exhibit from the facts of this case. the further facts which have come on record by way of the additional affidavit filed by the ..... the petitioners have not raised the objection before the mamlatdar regarding the delay made by the said officer in initiating the suo motu proceeding under section 84b of the act, 1948. the petitioners by not raising this objection, shri desai contended, have waived this plea. the further contention of shri desai on this question is that the .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-07-1996
Reported in : (1997)1GLR722
..... together. the manner in which they waited and inflicted these serious injuries on nanumiya and having accomplished their task went away together, clearly shows that they were acting in furtherance of their common intention to cause death of nanumiya. the non-mention of contusion by the doctor at mahudha or by mr. shah who had examined ..... can be received in evidence unless its authenticity is first established by the mode of proof of documentary evidence provided in sections 67 to 71 of the evidence act. section 294 of the criminal procedure code has been purposefully introduced to facilitate waiver of formal proof of a document in criminal cases. therefore, even though a document which ..... provides that 'nothing in this section shall be deemed to apply to any statement falling within the provisions of clause (1) of section 32 of the indian evidence act.' therefore, a dying declaration cannot be hit by the provisions of section 162(1) even if it is made in presence of a police officer. as held .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-18-1996
Reported in : (1996)3GLR218
..... by rules and regulations made under the bombay revenue tribunal act, 1957 (xxxi of 1958).9. it is very clear from the plain persual of the provisions of section 38 and particularly sub-section (2) that revision ..... law;(b) that the collector failed to determine material issue of law; or(c) that there was a substantial defect in following the procedure provided by this act, which has resulted in the miscarriage of justice.(2) in deciding applications under this section the gujarat revenue tribunal shall follow the procedure which has been prescribed ..... in deciding the appeal from the decree or order of the original court under the code of civil procedure.8. section 37 of the g.a.l.c. act provides collector's power of revision, whereas, section 38 provides for revisional jurisdiction of the gujarat revenue tribunal. section 38 reads as under:38. revisional jurisdiction .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-09-1996
Reported in : (1996)3GLR387
..... when his doubt was cleared and when he found that number of other students were issued admission forms who had not completed period of compulsory internship, he acted with the sense of fairplay, justice and equity and accepted the form of the petitioner and forwarded the same to the second respondent-university. i, therefore ..... . (ayurvedic) course.(v) if reference is made to the ordinances framed by second respondent -university under statute 158 read with section 24(v) of the act, following three ordinances assume importance and it is conflicting interpretation thereof by respondent nos. 1 and 2 which has created the present chaos:(i) admittedly, the ..... was concerned with admission in medical course and it found that such admission was governed throughout india by different statutory provisions including regulations framed under different acts. the division bench of the apex court has noticed that in last number of years, attempts have been made to regulate and uniformalise the admissions .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-18-1996
Reported in : (1996)3GLR470
..... the situation is such wherein before the trial court. there are two groups of accused - one the original accused who is charged under the relevant section of the particular act, and the second one is the prosecuting agency for misconducting itself in not discharging duty and letting off the accused by non-prosecution! thus, merely because the prosecution stands ..... impugned order is per-se perverse and illegal. the learned magistrate was not conducting a 'mock trial'!! the case he was trying was a serious case under the prohibition act wherein 400 tins of molasis valuing at rs. 1,90,002/- were seized. this is a serious offence against the society as from such molasis (rotten gur) only ..... judge and for that purpose even the learned p.p. tried little even to go through the digest of cases, they could have surely found out a correct procedure and acted upon the same. to cite some such reported decisions, they are: (1) state of gujarat v. lalit mohan 1989(2) glr 952; (2) state of gujarat v. .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-29-1996
Reported in : (1996)2GLR478
..... his authorized officer under section 145z. as provided by section74, the management of every society shall vest in a managing committee constituted in accordance with the rule, act and the bye-laws, which shall exercise such powers and perform such duties be may be conferred or imposed on it. therefore, a managing committee which has ..... not depend on existence of chairman. there is no statutory embargo on the committee of management (unlike the provisions of section 51(6) of the gujarat panchayats act, 1993 which provide that at the first meeting of the village panchayat, no business other then the election of the upa-sarpanch shall be transacted), not to ..... loan assistance, which was given to gcmmfl for its recipient unions including the petitioners under the operation flood ii programmes. as provided by section 63 of the indian contract act, 1872, every promisee may dispense with or remit, wholly or, in part, the performance of the promise made to him. obviously, therefore, a creditor in .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-18-1996
Reported in : (1996)2GLR729
..... representatives of deceased chhotubhai vallabhbhai. according to the case of the petitioners, deceased chhotuabhai was a tenant under the bombay tenancy and agricultural lands act, 1948 ('the tenancy act' for short) in respect of agricultural lands bearing survey no. 377 admeasuring 30 gunthas originally belonging to pragjibhai dahyabhai naik and dhirubhai dahyabhai naik ..... the said judgment and order of the mamlatdar and a.l.t. the respondents had filed a revision application under section 76 of the tenancy act challenging the order of the deputy collector before the gujarat revenue tribunal. on appreciation of the facts and circumstances and the evidence emerging from the ..... justice.(2) in deciding applications under this section the gujarat revenue tribunal shall follow the procedure which may be prescribed by rules made under the act after consultation with the gujarat revenue tribunal.8. it could very well be seen from the aforesaid provisions that the tribunal is empowered to exercise .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-27-1996
Reported in : (1997)3GLR1833
..... as a cardinal rule, when the defence relies upon any of the exceptions under criminal law, the burden lies upon defence as contemplated under section 105 of the indian evidence act. in this case, as discussed above, the defence has failed to discharge the burden of proving periodical or temporary insanity at the time of occurrence. therefore, the defence ..... be invoked by a person for nullifying the evidence adduced by the prosecution by establishing that he was at the relevant time incapable of knowing the nature of the act or that what he was doing was either wrong or contrary to law. now it is not for the prosecution to establish that a person who strikes another ..... struck, it would be reasonable to infer that what the accused did was accompanied by the intention to cause a kind of injury which in fact resulted from the act. in such a case the prosecution must be deemed to have discharged the burden which rested upon it to establish an essential ingredient of the offence, namely the .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-17-1996
Reported in : (1996)1GLR798
..... me cannot help the opponent. on other point, submissions were made.19. it has been contended on behalf of the petitioner that under section 69 of the act a presumption that the forest produce belongs to the government arises; but the learned judge below overlooked that provision of law, and erroneously held that the goods ..... judges of the sessions court from hearing and deciding the appeal; the jurisdiction to hear and decide the appeal is exclusively vested in sessions judge. when thus the act specifically excludes the addl. sessions judge and asstt. sessions judge, section 4(2) of the code of criminal procedure, 1973 cannot help the opponent. the contention ..... the officer specially empowered under section 61c or the sessions judge hearing an appeal under section 61d shall have and, notwithstanding anything to the contrary contained in this act or in the code of criminal procedure, 1973 or in any other law for the time being in force, any other officer, court, tribunals or authority shall .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-24-1996
Reported in : (1997)1GLR412
..... it is incumbent upon the petitioner to show that the house or other construction raised on the land was commenced or had completed on the commencement of the act on 17-2-1976 and that such construction was made or raised after obtaining requisite statutory permission for construction. the petitioner, in the present case, has not ..... , the petitioner who had filed statement, who had opportunity before the competent authority and who had also filed appeal under section 33 of the u.l.c. act as vahivatkarta of the family of pirbhai rajabbhai cannot be allowed to say that there was violation of principles of natural justice. there was sufficient opportunity to represent ..... and order of the competent authority, the petitioner preferred appeal before the secretary and urban land tribunal, state of gujarat, under section 33 of the u.l.c. act which also came to be dismissed on 31st march, 1990. hence this petition.3. the learned counsel for the petitioner has raised the following three contentions:(1) .....
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