Court : Gujarat
Reported in : AIR1970Guj235; 1970CriLJ1475
..... as expressed by his lordship j. c. shah in ukha kolha v. state of maharashtra, air 1963 s 1531, which was a case under the bombay prohibition act, 1949 (bombay act no. 25 of 1949). the observations relied upon are at pp. 1541 and 1542 of the report and read:'it is difficult to regard section 129-b of ..... state governments for appointment of sanitary inspectors or health inspectors. proviso to rule 8 lays down that for a period of four years from the date on which the act takes effect, persons whose qualifications, training and experience are regarded by the state government as affording subject to such further training, if any, as may be considered ..... sought to be done away with under this statute and to bring to book those responsible for such adulteration while providing for the trial of an accused under the act to be concluded as expeditiously as possible. at the same time, it creates elaborate and adequate safeguards to the accused-vendor against being prosecuted vexatiously and without .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1970Guj209; (1970)GLR883; (1970)0GLR383
..... desai, learned advocate appearing on behalf of the appellant-accused, has contended before me that, on a true and proper interpretation of section 16(1)(b) of the act, the said section requires the proof of four ingredients. in other words, the prosecution must prove beyond reasonable doubt the existence of four circumstances to bring home the ..... in my opinion, the bombay decision applies with equal force in this case. having regard to the nature and design of the prevention of food adulteration act, the object of the act and the dictionary meaning of the word 'prevent' which does not mean only an obstruction by physical force, the word 'prevent' when considered the proper ..... the sample must necessarily be accompained by some physical obstruction, threat or assault on the food inspector would amount to saying that there must necessarily be an overt act, a proposition which is unacceptable to me.13. i would now proceed to consider mr. desai's submissions on merits of the case.14. on merits mr .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1971Guj103
..... achieve what is directed by certiorari in judicial or quasi-judicial matters. the position so far as the constitutional rights are concerned, is different for, any act contrary to such rights, is void, and the states are still under duty to discharge the constitutional obligations. therefore mandamus can be issued to stimulate the ..... behalf of the petitioners it is submitted that on the correct interpretation of rule 3 (2), they had not committed any breach thereof and therefore the act of rejecting their application for obtaining no objection certificate is illegal. in any case the law requires only substantial compliance with the rules and they have so ..... climax reached after the applicant satisfies various requirements laid down by the rules. these rules, only lay down the procedure to be followed in the final act of granting or refusing the licence and the legislature has clearly expressed itself that in the matter of compliance of these procedural rules, substantial compliance only .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1971Guj131; (1970)GLR897
..... view was also taken by the supreme court in atma ram's case : air1959sc519 (supra) where the statute challenged was the punjab security of land tenure act, 1953. the act inter alia imposed a restriction on the land owners' right to transfer in this respect namely, it modified his right of transfer in so far as ..... section 31 reads 'restrictions on alienation and sub-division of consolidated holdings'. section 31 clause (a) imposes restriction on transfer of consolidated holding allotted under the act and it says that no such consolidated holding shall be transferred except in accordance with such condition as may be prescribed. now obviously there can be no ..... the consolidation officer and confirmed by the settlement commissioner or the state government, as the case may be, in accordance with the procedure prescribed in the act and consolidated holdings were allotted to owners of lands under the relevant consolidation scheme.2. in special civil application no. 977/68 which may be taken .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1970Guj186; 1970CriLJ1351; (1970)0GLR834
..... it reads:' 'punishments' - the punishment to which offenders are liable under the provisions of this code are.- first - death; secondly - imprisonment for life; thirdly - repealed by act no. 17 of 1949: fourthly - imprisonment, which is of two descriptions, namely- (1) rigorous, that is, with hard labour; (2) simple; fifthly - forfeiture of property ..... of madhya pradesh : air1959mp291 , observing'section 562 of the criminal procedure code and section 4(b) of the c.p. and berar probation of offenders act are an exception to the general scheme of punishments awardable under the indian penal code and the criminal procedure code. the phrase 'not punishable with death or ..... is punishable with death or in the alternative with transportation for life.'9. in emperor v. mt. janki, air 1932 nag 130, grille, acting judicial commissioner, observes:'the phrase 'punishable with death or transportation for life' must be interpreted disjunctively and women convicted of an offence for which transportation .....
Tag this Judgment!Court : Gujarat
Reported in : (1970)11GLR1035
..... cannot be read without doing serious violence to the language of that clause. we cannot assent to such an interpretation.5. even when we turn to the provisions of the act, we find that the legislature itself has drawn a distinction between 'persons affected' and 'owners of lands' and has scrupulously observed this distinction not only as a matter ..... meaning but in a narrow and constricted sense so as to be limited to owners of land. the learned advocate general drew our attention to several provisions of the act and pointed out that according to the scheme as embodied in these provisions, the procedure for making town planning scheme took into account only owners of lands and ..... clauses (3) and (4) of the bombay town planning rules, 1955. to appreciate this ground of challenge, it is necessary to examine briefly the scheme of the new act but we have already had occasion to do so in special civil application no. 725 of 1962 decided on 7/8th july 1969 ('kaushikprasad v. ahmd. muni. corp. xi .....
Tag this Judgment!Court : Gujarat
Reported in : (1970)11GLR588
..... the liability of the landlord to restore possession to the tenant, whose tenancy had been terminated prior to august 1, 1956, under the old section 34 of the act, came into existence, the legislature in clear and unmistakable terms has provided in section 37(5) that the liability of the landlord to restore possession commences from december ..... of section 37(1) arose only on december 13, 1960, the applications filed by the two tenants in 1957 seeking restoration of possession under section 37 of the act were premature, because the liability of the landlord commenced only on december 13, 1960. in our opinion, it cannot be gainsaid that it is only after the ..... had been cultivating the lands by himself and had continued personally cultivating the lands. thereafter, the two tenants filed suits under section 37 read with section 39 of the act as it stood after the amendment of 1956, for restoration of possession of those lands. the suits were filed on january 17, 1957. the mamlatdar, who heard .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1970Guj131; 1970CriLJ956; (1970)0GLR573
..... petitioner of those revision applications is set aside. each of them is acquitted of the offence punishable under section 66(1)(b) of the bombay prohibition act, 1949. their bail bonds are ordered to be cancelled. rule is made absolute.21. revision application no. 466 of 1966 partly succeeds. the order ..... words 'having been found to have used or consumed'. therefore, the offence under section 66(1)(b) is complete when a person consumes prohibited intoxicant. the act does not define the word 'consume' and therefore, we must attribute to the word 'consume' its literary dictionary meaning. according to webster's new world dictionary ..... solves the problem regarding jurisdiction.10. the further problem, namely, whether the offender consumed liquor within the prohibited area, remained to be solved. section 11 of the act reads:-'notwithstanding anything contained in the following provisions of this chapter, it shall be lawful to import, transport, manufacture, bottle, sell, buy, possess, use or .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1971Guj96
..... is claimed must be not only due but recoverable under law. it is true that in conformity with the principles laid down in the case of hansraj gupta v. dehra dun mussoorie electric tramway co. ltd. and in the case of malabar petroleum co. v. continental oil co., ltd., madras : air1963mad307 , the amount in question must ..... .10. lastly it is pointed out that when the contracts were entered into, the panchayat had not come into existence and that the provisions of the municipal act were applicable. the circumstance that subsequently the municipality has been converted into a panchayat, it is so argued, will not entitle the panchayat to take recourse to ..... ' or 'any other person or persons whatsoever' would incur disqualification. having regard to the fact that all the persons enumerated in the first section of the act were holding offices as officers of british government, the view was taken that in enumerating these several office holders which preceded the material words 'any other person .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1971Guj1; 1971CriLJ41; (1971)0GLR105
..... the view that i propose to take. but on critical examination, it appears that that is not the correct position. section 20 of the prevention of food adulteration act (act no. 37 of 1954), sub-section (2) reads:-'no court inferior to that of a presidency magistrate or a magistrate of the first class shall try any offence ..... act or omission made punishable even by special law an not only an act or omission punishable under the indian penal code the general law.11. section 5 of the code ..... (0) of the code defines `offence' as under: -'offence' means any act or omission made punishable by any law for the time being in force; it also includes any act in respect of which a complaint may be made under section 20 of the cattle-trespass act, 1871.'it is therefore, evident that the definition of the word, `offence' includes an .....
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