Court : Gujarat
Decided on : Sep-19-2006
Reported in : 2007CriLJ1117
..... government of gujarat dated 09.06.1998 bearing no. gj/16/pfa/1097/3617 (2) jh, having been authorised under section 220 of prevention of food adulteration act, 1954 grant sanction to the food inspector, shri c.p. gohil to file case (prosecution) against shri purushottambhai mulajibhai hadiyal (owner of the manufacturing unit-seller ..... further observations which are as under:the consent as envisaged under section 20 of the act has been recorded beneath the complaint in the following terms:scrutinised all the papers and sanctioned prosecution.the consent as recorded does not evidence active application of ..... court:.the only contentions, which according to me, merit consideration are (1) the consent recorded by the competent authority under section 20(1) of the act does not disclose application of mind. the consent given without due application of mind would be fatal to the prosecution;... 11. the learned advocate relied upon .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-17-2006
Reported in : 2007CriLJ888
..... the acquittal was erroneous. shri patel has submitted that deposition of the food inspector go to show that there was a complete compliance with mandatory provisions of the act and rules in collecting the sample of curd, issuing notices, sealing the samples and sending it to the concerned authorities as there was no procedural lapse as could ..... conformity with the standards and parameters laid down under the prevention of food adulteration rules, 1955 (herein after referred to as 'the rules' for short) and the act and therefore, this being an offence against the society, serious view deserves to be taken.6. the complainant food inspector on 15.10.1994 visited the shop of ..... lodge complaint against the respondent accused.(5) the complaint appears to have been lodged on 15.12.1994. obviously, the notice under section 13(2) of the act is issued only thereafter. (6) the accused appeared to have applied to the court for sending the sample to the central food laboratory vide his application dated 2 .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-10-2006
Reported in : AIR2007Guj72
..... public at large for depositing the amounts to make the savings for a rainy day and earn interest on the said money as per the scheme) cannot be allowed to act and take such an arbitrary and incomprehensible stand after they themselves had accepted the opening of the account and the same was operated with addition of interest from time to ..... of 2000, interest on the amount deposited in a ppf account was denied on the ground that the deposit was irregular and was in violation of section 4 of ppf act, 1968.the division bench dealing with this aspect observed in para 8 of its judgement and order dated 17.08.2004 in lpa no. 1509 of 2004 as under:. ..... the petitioner bank.2. it is stated in para 1 of the memo of petition that,the petitioner herein is a registered cooperative society registered under the gujarat cooperative societies act, 1961 and its registration number is s-12446 dated 20.05.1974. the members of the petitioner-bank are female and they belong to downtrodden class of society. the .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-13-2006
Reported in : (2007)1GLR671
..... the officer had no authority. as such, the law court may be required to consider simultaneously the matter for passing appropriate orders for compensating the aggrieved party while acting under bonafide belief and altering his possession based on the same. in the present case no material or evidence is placed on record for the exercise of power in ..... interfered with or set aside by the law courts, the proper evidence would be required to be brought on record for alteration of the condition by the party whether acted in bonafide and, if yes, the quantum for compensating for the default, if any, ultimately found of the officers of the state government or the delegatee of the ..... 1984. therefore, it appears that the tdo passed the order in exercise of the powers under the revenue jurisdiction. had the order been passed under gujarat panchayat act, the appellate authority would be the district panchayat or the revisional authority would be the state government as per the provisions of the panchayat .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-18-2006
Reported in : (2007)1GLR882
..... the land being treated as irrigated land, the petitioners would be outside the definition of marginal and small farmers, so as to get entitlement of the benefits of the act. therefore, the other aspects of the income of the petitioners principally by cultivating the said land or of having the other additional income of rs. 2,400/- as ..... land is not defined. however, if the meaning of the words 'irrigated land' is to be traced, the reference can be made to the gujarat agricultural lands ceiling act, 1960, wherein as per section 2(6) while distinguishing the classes of lands, there are also classes of perennially irrigated land and seasonally irrigated land. the words sperennially ..... arrived at by the appellate officer, the same may not be upset by this court under article 227 of the constitution of india.6. as per the provisions of the act, the words 'small farmer' are defined under section 2(p) and the explanation (1) of the said definition reads as under:explanation 1.- where a person holds .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-15-2006
Reported in : (2007)3GLR2498
..... of municipal borough of baroda, were being reserved for non-agricultural and industrial development. on issuance of such a notification, the provisions contained in 1948 act were not to apply to the land but a person in possession could not be dispossessed except in accordance with law. yet another notification was issued ..... purposes, the provisions of 1948 act would not apply. the tenant/person in possession also submitted his replies and prayed to the authorities that the absolute ownership be conferred upon him as ..... licencee, the land could not be settled in favour of the present respondent nor he could be deemed to be a purchaser under the provisions of the act. it was also submitted that vide different notifications, the land within the periphery/limits of the municipal corporation of baroda was reserved for non-agricultural/industrial .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-27-2006
Reported in : (2007)3GLR2606
..... -e) whereunder respondent no. 2-registrar, co-operative societies, has in exercise of powers under section 81(1)(a) of the gujarat co-operative societies act, 1961 (the act) called upon the petitioners herein to show cause why the managing committee should not be removed and an administrator appointed for the three defaults stated in the impugned ..... particularly, departmental bias. however, for the reasons stated hereinafter, it is not necessary to deal with the contentions based on provisions of section 81(6) of the act and departmental bias.6. the learned a.g.p. appearing on behalf of the respondents has placed reliance on affidavit-in-reply filed in a cognate matter being ..... the committee is to be removed pertain to a committee which was in existence in past and none of the petitioners are in any way responsible for the acts alleged in show-cause notice. that merely because certain members of the newly constituted body are common with the members of the earlier managing committee, the .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-28-2006
Reported in : 2007CriLJ1584; (2007)2GLR1165
..... this witness granted sent letter dated 30.08.1999 for sanction to the home department and letter dated 24.08.1999 for granting sanction under arms act and explosives act.xli. p.w.41, dilipbhai shantilal mehta, police inspector, l.c.b., first i.o., ex.290. this witness wrote letters to fsl ..... (absconded) and sacchu ibrahim under section 108 of the customs act. he supported the case of the prosecution.xxxiii. p.w.33, raghunandan chandrabali pathal, superintendent of customs, ex.237. this witness recorded the statement of ismail ..... lakhabhai chudasama, superintendent of customs, ex.228. this witness recorded the statements of navaj ali and farid munavar bhati (absconded) under section 108 of the customs act. he supported the case of the prosecution.xxxii. p.w.32, prafulkumar harilal trivedi, superintendent of customs, ex.234. this witness recorded the statements of sultanshah .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-07-2006
Reported in : (2006)3GLR2074
..... subordinates to proceed to action, is totally different. they are the source of power of authorization. the gazetted rank officers enjoy special position and privileges under the act. they need not be equated to officers taking action without authorization or warrants. the requirement of sending information to superior officers under sub-section (2) of ..... building, conveyance or place whether by day or night. this authorization by the gazetted officer similarly is also mandatory as otherwise, the subordinate officer will be acting without powers. section 42 is not confined to gazetted officer of the department, but to other officers not being a sepoy, peon or constable who are ..... could not have been convicted as per the settled legal position. non-compliance of the mandatory provisions of section 42 of the n.d.p.s. act would render the search and consequently the seizure of muddamal article charas illegal. so, without entering into the merit of other endeavour made by the prosecution, .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-21-2006
Reported in : [2006(111)FLR183]
..... conversion of the punishment from dismissal to compulsory retirement - validity - whether lok ayukta himself having witnessed the incident giving rise to misconduct, justified in acting as the inquiry officer - whether dismissal proportionate to the gravity of the misconduct. dismissing the appeal of the delinquent held considering the behaviour of the ..... facts narrated hereinabove the ratio laid down in two cases referred to hereinabove amply applies to the appeal in hand. the courts below by condoning an act of physical violence have undermined the discipline in the organization, hence, in the above factual backdrop, it can never be said that the industrial tribunal ..... for the misconduct of attacking on supervisor is just and proper punishment calling for no interference while exercising powers under section 78/79 of the bir act. since the labour court found that the punishment of dismissal imposed upon the workman was proper, question of granting reinstatement was not arising. therefore, .....
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