Court : Gujarat
Decided on : Sep-17-1991
Reported in : (1992)1GLR371
..... learned judge has committed error in rejecting the said application and denying the defence make avail the previous statement of witnesses for the user under section 145 of the evidence act.7. this view is supported by a judgment in the case of subbayya v. peta veerayya : air1933mad65 ) where it is observed that 'if it is sought to use ..... proved, for the purpose of contradicting such witness, i.e., accused will not arise. such statement if amounts to confession is hit by section 25 of the evidence act. this bar or prohibition as to user of such statement is for the inquiry or trial for which it is recorded. bar of use of statements recorded under section ..... the context in which such omission occurs and whether any omission amount to a contradiction in the particular context shall be a question of fact.section 145 of evidence act reads as under:a witness may be cross-examined as to previous statements made by him in writing or reduced into writing and relevant to matters in question, without .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-19-1991
Reported in : (1993)2GLR1763
..... 12(3)(b) of the bombay rent act if the material conditions therein are satisfied. however, unfortunately, no specific issue was raised in the trial court and no attention was focussed even before the appellate court ..... has committed a serious, error of law, resulting into miscarriage of justice, in passing the decree for ejectment under section 12(3)(a) of the bombay rent act. the finding of the learned appellate judge, on this score, deserves to be quashed.10. the landlords would be entitled to claim ejectment decree even under section ..... appeal no. 72 of 1978, by invoking the aids of the provisions of section 29(2) of the bombay rents, hotel and lodging house rates control act, 1947 ('bombay rent act' for short hereinafter).2. the petitioner herein is the original defendant-tenant and the opponents, herein, are the original plaintiffs-landlords in respect of a residential .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-20-1991
Reported in : [1993]202ITR869(Guj)
..... loss ascertained under the system adopted by an assessee is the basis, the assessable income is arrived at by adopting rules incorporated in the provisions of the act. prima facie, the allowances, deductions and deemed profits shall be ascertained in terms of the statutory provisions unless the statute itself accepts the principles of commercial ..... in chhotalal's case : [1984]150itr276(guj) , has received statutory recognition by the addition of the explanation to clause (b) of section 40 of the said act. thus a representative partner would not be a partner in his individual capacity and, therefore, obviously, in his individual capacity, he would not be governed by the ..... proposition. the karnataka high court in mysore bangle works v. cit : [1986]157itr411(kar) , while construing the provisions of section 40(b) of the said act, opined that the said provisions was absolute in its terms and made no distinction between payments by way of bonus, commission, remuneration, etc., made to a partner .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-25-1991
Reported in : (1992)1GLR434
..... separately is not compared by him before the analysis of the sample. comparison of the seal assumes greater significance in cases under the prevention of food adulteration act because the fate of the accused depends upon the certificate issued by the director, the contents of which are final and conclusive evidence of the facts stated ..... sale, storage, sale or distribution of any adulterated food, mis-branded food, or any article of food in contravention of any of the provisions of the act and the rules. sections 8 and 9 empower both the central and state government to appoint persons of the prescribed qualifications to be public analysts and food inspectors ..... judgment and order dated 28-12-1984 convicted the accused for the offence punishable under section 7 read with section 16(1) of the prevention of food adulteration act and sentenced the present petitioner to suffer simple imprisonment for six months and fine of rs. 1000/- and in default, to suffer simple imprisonment for three months .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-26-1991
Reported in : 1(1994)ACC636
..... would be exonerated from the statutory liability which is being fastened upon it under the provisions contained in sections 96(1)(2)(b)(ii), 94 and 84 of motor vehicles act (4 of 1939). the case put forth by the owner of the vehicle, arvind patel and his testimony at exh. 67 go to show very clearly that the insured arvind .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-26-1991
Reported in : (1993)1GLR629
J.N. Bhatt, J.1. The petitioner has challenged the legality and validity of dismissal order passed against him by the Dean of Government Dental College & Hospital, Ahmedabad, dated 29-11-1975, by invoking the aids of the provisions of Articles 226/227 of the Constitution of India.2. A resume of the material facts leading to the rise of the present petition, may be stated, at this juncture.3. The petitioner was working as a Nayak (Head Peon), at the Government Dental College & Hospital, at Ahmedabad, when departmental inquiry was initiated against him by the Dean of the aforesaid College. A charge-sheet was served on the petitioner, on 14-8-1975. The substance of the charge-sheet was that:(1) He behaved in an indecent manner with Class IV Female Employees of the Dental College and talks irresponsibly to the said female employees with bad intention.(2) The appellant instigates the Class IV employees of the Institution to behave against discipline and instigates them against the Head of t...
Tag this Judgment!Court : Gujarat
Decided on : Oct-04-1991
Reported in : (1993)1GLR449
..... 24(3) of the rules which came to be rejected and thereafter petitioner knocked the doors of justice by filing an application under sac. 19 of the administrative tribunals act, however, the said petition came to be rejected as tribunal came to the conclusion that it had no jurisdiction as the grievance or dispute arose prior to 1- ..... entertain that application as the dispute or the grievance arose prior to 1-11-1982 and therefore in view of the provisions of section 21 of the administrative tribunals act, it held that it had no jurisdiction to entertain the said application. it is in these circumstances, it is contended that the present petition is filed challenging the ..... the petitioner filed a petition before the c. a. t., ahmedabad being o. a. no. 509 of 1989. the said application under section 19 of the administrative tribunals act came to be dismissed without being admitted along with an application for condonation of delay on 8-8-1990. the order of c. a. t., ahmedabad bench is produced .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-07-1991
Reported in : [1993]200ITR688(Guj)
..... 116 of air 1959 sc) : 'whenever any body of persons having legal authority to determine questions affecting rights of subjects, and having the duty to act judicially act in excess of their legal authority, they are subject to the controlling jurisdiction of the king's bench division exercised in these writs.' 12. the supreme ..... central board of direct taxes, which are at annexures 'a' and 'b', respectively, refusing to grant registration to him under section 34ab of the wealth-tax act, 1957 ('the act' for short) 2. the petitioner passed the b.e. (civil) examination in the year 1964. the petitioner started his independent private practice as a civil engineer ..... was as to the year in which the undertaking in question began to manufacture or produce articles within the meaning of section 80j of the income-tax act. in this connection, the board issued communications. the supreme court observed that the opinion expressed in those communications pertained to exercise of judicial powers by the .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-08-1991
Reported in : I(1993)DMC524; (1992)1GLR378
..... the burning stove which was very near. the subsequent and immediate conduct of the accused is eloquent and significant. if he had any intention to cause death or such other act as is likely to cause death,. he would not have immediately poured water to put off the fire and tried to save her and he himself would not have taken ..... the medical officer is that the fire was due to accident and that seems to not only not probable, but also quite possible. but was an utterly rash and negligent act on the part of the accused to have poured kerosene on his wife when a stove was burning near. this rash and negligent ..... act of the accused has unfortunately resulted into death of his wife. therefore, even though this is not a murder or culpable homcide, it amounts to an offence punishable under section .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-11-1991
Reported in : 1992CriLJ3598
..... evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused.18. judged in the light of the above principles, we come to the conclusion that the facts and circumstances proved, ..... the police station was not kantuji but was thakarda parbatsing who according to the accused, was arrested for the offence punishable under section 122(c) of the bombay police act regarding which, ultimately the investigating officer submitted 'b' summary which means that the complaint was maliciously false.17. it is to be noted that case rests on ..... around his neck and he was bare headed. on 20-7-1982, accused no. 1 had registered an offence punishable under section 122(c) of the bombay police act against one thakarada parbatji bhikhaji of jagapura village and said parbatji was brought by accused no. 1 in the morning of 20-7-1982, but according to the complainant .....
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