Court : Gujarat
Decided on : Jan-22-2015
..... 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
Decided on : Jan-22-2015
..... 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
Decided on : Aug-03-2015
..... 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, .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-13-2015
..... establishment or industry. the delhi high court also relied on the decision of the patna high court in taking the view that the provisions of contract labour act are not applicable to sulabh. the various governments including the governments of bihar, orissa, karnataka, andhra pradesh and delhi have already issued various notifications and ..... the accused persons for recalling of the summons dated 26th march, 2004 predominantly on the ground that the proceedings under the contract labour (regulation and abolition) act, 1970, were not maintainable against the sulabh international social service as the same is not an industry or an employer and as such the provisions of the ..... . during the inspection of the work site undertaken on 23rd december, 2003, it was found that the organization had committed violation of the provisions of the act and the rules. according to the complainant, the following violation came to their notice: a) breach of section 12(1) executing contract work through contract .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-30-2015
..... facts and the law referred to in paragraph (supra) would clearly go to show that the appellant was undisputably entitled to interest under sections 214 and 244 of the act as held by the various high courts and also of this court. in the instant case, the appellant's money had been unjustifiably withheld by the department for 17 ..... to pay for some reason or another. when the claims of the authority are found to be unsustainable or erroneous by the courts it follows that the authority has acted wrongfully in the sense of not in accordance with law and compensation to the party deprived must follow. if the decision of the high court is upheld it would ..... decision in the case of gujarat fluoro chemicals (supra) but the apex court has reiterated that the interest as provided by the provisions of the statute namely; income tax act should be adhered to. he also submitted that in a case where no interest has been expressly provided by the statute, interest cannot be awarded by way of compensation. .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-31-2015
..... form sole basis for conviction and, thereby, acquit the accused from the offences punishable under sections 397, 398 of i.p.c. and section 25 of the arms act. whereas, in the present case, it is undisputed fact that amongst 11 accused, who were chargesheeted before the trial court, the witnesses have identified three accused before the ..... chargesheet. he proves the sketch of the place of incident at exhs.43 and 44. during cross examination, he admits that he added the charges under the arms act considering the evidence on record. there is nothing in his cross examination which rebut the prosecution evidence in any manner whatsoever or proves the innocence of the accused. 19 ..... /- and, thereby, committed an offence of loot under sections 392, 394, 395, 397 of the ipc read with section 25(1)(a)(b) of the arms act. the accused have denied the charges and faced the trial when prosecution has examined 11 witnesses and produced 7 documentary evidence on record which resulted into conviction of the .....
Tag this Judgment!Court : Gujarat
Decided on : May-01-2015
..... and proper and the same are not liable to be quashed and set aside. the circular dated 30th april 2011 is not ultra vires the provisions of the act. the act is purely a fiscal statute and its sole object is to increase the revenue and, therefore, all its provisions must be construed as having in view of the ..... granted the petitioner relief notwithstanding the existence of an alternative remedy. we need only add that the broad lines of the general principles on which the court should act having been clearly laid down, their application to the facts of each particular case must necessarily be dependent on a variety of individual facts which must govern the ..... limited. however, on failure on the part of the debtor in repaying the loan amount the petitioner bank took over the possession of the property under the sarfaesi act. the orders dated 17th august 2009 and 17th november 2009 passed by the district magistrate as well as the panchnama dated 18th december 2009 are all instrumental in .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-12-2015
..... of rs. 3,51,308/- received by the appellant pursuant to the judgment of the high court was income liable to tax under section 17(3) of the act. 13. the question stands answered accordingly, in favour of the appellant assessee and against the revenue. the appeal is accordingly allowed. the impugned order passed by the ..... kumar bose (supra). 9. the delhi high court in the case of deepak verma (supra) observed that the word "compensation" is not defined under the income tax act. therefore, one has to take into consideration the ordinary connotation of this expression in common parlance. the court after referring to the dictionary meaning of "compensation" observed that ..... that compensation was to be paid in connection with the termination of employment of the appellant and squarely falls within the ambit of section 17(3) of the act. reference was made to the letter dated 1st march, 1994 of the employer, wherein it is stated that the payment of compensation including the terminal benefits as .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-16-2015
..... by any person and taken down in writing that any narcotic drug, or psychotropic substance, or controlled substance in respect of which an offence punishable under this act has been committed or any document or other article which may furnish evidence of the commission of such offence or any illegal acquired property or any document or ..... other article which may furnish evidence of holding any illegal acquired property which is liable for seizure or freezing or forfeiture under chapter va of this act is kept or concealed in any building, conveyance or enclosed place, may between sunrise and sunset, - (a) enter into and search any such building, conveyance or ..... two hours send a copy thereof to his immediate official superior. 13. without even going into the question whether the principles of sections 42 and 50 of act were not breached or not?, even on the factual scenario, the judgment and order of the learned additional sessions judge cannot be upturned. even if a second .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-02-2015
..... respondent authorities has no jurisdiction even to entertain the application, the summons has been issued and proceedings have been initiated under section 7b of the act, 1952. 8. learned advocate for the petitioner, submitted that while passing the order, the respondent authority had not taken into consideration the ..... dropped. 4. the respondent no.3 made applications for information regarding actions taken by enforcement section, under the provisions of the right to information act, 2005 and the respondent authority vide communication dated 21st april 2011 gave the information to the present respondent no.3. by an order dated ..... the present respondent authorities issued the summons dated 21st august 2006 and the proceedings initiated under section 7a of the provident funds and miscellaneous provisions act, 1952. the present petitioner appeared in the proceedings through the representative and the necessary documentary evidence submitted before the authorities. the authorities after .....
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