Court : Gujarat
Decided on : Mar-10-2006
Reported in : (2006)3GLR2472
..... or female terminates when he or she attains puberty. among the hanafis and the shias, puberty is presumed on the completion of the fifteenth year. under the indian majority act (section 3), minority ceases on the completion of the eighteenth year, unless a guardian of the person or property or both of the minor has been or shall be ..... which a minor becomes a major, exempt marriage and divorce. the result will be that respondent no. 5 on the relevant date may be minor under the indian majority act, or within the meaning of section 361 of the indian penal code, but certainly she could have married without the consent of her natural guardian. the necessary corollary to ..... of record of this revision application. the answers given by her clearly show that she is of completely sound mind and capable of fully understanding the consequences of her act. the gist of her answers is that the petitioner and she were known to each other for quite some time and they had developed intimacy and since her .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-13-2006
Reported in : (2006)2GLR925
..... sessions case no. 153 of 2001 are convicted for commission of offence punishable under section 21 read with section 29 of the narcotic drugs and psychotropic substances act, 1985 (the act for short) and each sentenced to ri for 10 years and fine of rs. 1,00,000/- (rupees one lakh only), in default ri for ..... etc. were present. dysp mr. chudasama conveyed information received to pi mr. patel. he was also informed that the services of two persons, who were willing to act as panch-witnesses, were already requisitioned. necessary material for conducting the raid such as seal, twine, etc. were collected. before leaving the office for gate no. 3 ..... sattar abdul rehman and others against the state of gujarat, the dy. s.p. mr. raj had received information about commission of offence punishable under the act. he had informed his immediate official superior on phone and after requisitioning services of panch-witnesses prepared first part of panchnama immediately. in the panchnama, the information .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-03-2006
Reported in : (2007)1GLR527
..... and they are substantially severable, then they can be considered to come within section 2(j).constitutional and competently enacted legislative provisions may well remove from the scope of the act categories which otherwise may be covered thereby. : (1970)iillj266sc ; : (1963)iillj335sc ; : (1975)iillj409sc ; : air1963cal310 ; : (1962)illj241sc , : (1967)iillj720sc and : (1969)illj775sc ..... advocate mr. vasavada is that whether petitioner union is an 'industry' or not? therefore, the definition of section 2-j of the industrial disputes act, 1947 is quoted as under:section 2-j : 'industry' means any business, trade, undertaking, manufacture or calling of employees and includes any calling ..... the good relations with the employer and workman as a sole collective bargaining agent at being a representative union under the bombay industrial relations act, 1946, therefore, according to the petitioner, the petitioner has not satisfied the triple tests laid down by the bangalore water supply case. .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-18-2006
Reported in : (2007)1GLR834
..... no. 255 of 1999 for commission of the offences punishable under section 8(c) read with sections 21 and 29 of the narcotic drugs and psychotropic substances act, 1985 ('ndps act' for short), arraigned on the charge of having found with contraband article 'charas' weighing 257 grams, without pass or permit, when he was intercepted ..... outset, be it noted that to combat illicit drug traffic and drug abuse, both at the national and international levels, the penal provisions contained under the ndps act are stringent and punishment thereunder is harsh, therefore, as per the settled principles of criminal jurisprudence, the court of law must insist on the strict compliance ..... consolidate the same and bring about a comprehensive legislation so as to meet the exigencies of the situation. a plain look at the provisions of the ndps act read with the statement of objects and the preamble would depict the intent of legislature as regards the offences under the said consolidated legislation, which stands .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-15-2006
Reported in : (2007)1GLR581
..... under section 11, he may take possession of the land, which shall thereupon vest absolutely in the government, free from all encumbrances.while interpreting the provisions of the land acquisition act, 1894, the supreme court, in (i) municipal corporation of greater bombay v. industrial development investment co. pvt. ltd. and ors. : air1997sc482 , and (ii) ..... serve as an inexpensive and efficient means of transportation and distribution of petroleum and its products. it is mentioned that since the procedure under the land acquisition act, 1894, to acquire the lands is an expensive and long drawn one, and since the petroleum pipelines can be laid underground, the out-right acquisition ..... kasturchand sanghavi, who is the competent authority, appointed by the government of india.6. it is stated in the said affidavit-in-reply that the act has been enacted to provide for the acquisition of right of user in land for laying pipelines for transportation of petroleum and minerals as, the government, .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-14-2006
Reported in : 2008ACJ3367
..... implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment,.. 13.2 section 2(rr) of the i.d. act defines wages as meaning sall remuneration capable of being expressed in terms of money, which would, if the terms of employment, expressed or implied, were fulfilled, be payable to a ..... tribunal had any doubt on the issue, reference could and ought to have been made to the provisions of payment of wages act, 1936 and the industrial disputes act, 1947.13.1 section 2(vi) of the payment of wages act, 1936 defines wages as under:wages means all remuneration (whether by way of salary, allowances, or otherwise) expressed in terms of money ..... m.s. shah, j.1. this appeal under section 173 of the motor vehicles act, 1988 is directed against the judgment and award dated 12.5.2006 passed by the motor accident claims tribunal (aux.) surat in mac petition no. 1219 of 2000. in the .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-18-2006
Reported in : [2006(110)FLR685]
..... very beginning that they are challenging the award in question before the higher forum even without implementing the same. 9. the submission of mr.chauhan is that limitation act is not applicable. there is no provision in the constitution which requires to filing of petition within some specified period. for that, there is no dispute. but, ..... that defence must be tried upon principles substantially equitable. two circumstances, always important in such cases, are, the length of the delay and the nature of the acts done during the interval, which might affect either party and cause a balance of justice or injustice in taking the one course or the other, so far as ..... mohantry v. state of orrisa reported in air 1973 orissa 1999, the following general principles relating to delay and laches has been laid down: (i) the limitation act has no application to writ petitions. where, however, a suit for identical relief would be barred by the law of limitation, the court would ordinarily refuse to .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-07-2006
Reported in : 2006CriLJ4443
..... with sections 149, 506(2) and also under section 135(1) read with section 135(1)(d) of the bombay police act. the accused no. 1 was also charge-sheeted for an offence punishable under section 30 of the arms act. as the offences in question were exclusively triable by the court of sessions, the learned magistrate committed the case to the .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-09-2006
Reported in : [2006(110)FLR674]
..... the petitioner. the petitioner has not produced any so-called contract nor has produced any registration certificate or licence under the contract labour (regulation & abolition) act, 1970. he, therefore, submitted that the petitioner was attempting to avoid the legal responsibilities by creating a paper-front camouflage.20. dr. sinha has ..... chudgar for the petitioner, has submitted that the impugned order passed by the assistant labour commissioner is violative of the provisions of the industrial disputes act as being arbitrary and contrary to the specific provisions of law as also violative of the constitutional provisions. he has further submitted that the ..... 1991, moved the assistant labour commissioner seeking relief of conciliation in the matter of alleged industrial dispute by invoking his jurisdiction under the industrial disputes act, for a direction as regards reinstatement of those 16 ladies with the petitioner with back wages for the alleged intervening period and failing such .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-15-2006
Reported in : (2006)2GLR1129
..... and to maintain hygienic condition and the sanitation so as to avoid any hazard to the public health. statutes like the provincial municipal corporations act, the municipalities act, the panchayat act, etc., contain provisions prescribing duties of the civic bodies in this sphere. there are also provisions investing these bodies with power and authority ..... level.c. to take steps to prosecute persons responsible for causing nuisance endangering public health and also to resort to other remedies as provided under the acts for the abatement of the nuisance. xiii. over and aforesaid directions prescribed for the civic bodies, the municipalities and the panchayats forming part of auda ..... the statute. this is un-understandable and impermissible. every member of the set-up of the civic bodies owes accountability to the citizens and any act or omission which may jeopardize the public health and public hygiene will constitute misconduct and such member will expose himself or herself to initiation of .....
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