Court : Gujarat
Decided on : Apr-09-1991
Reported in : AIR1993Guj41
..... we are of the opinion that the case is required to be considered sympathetically by, the government, if the petitioner applies for exemption under section 20 of the act. we hope and trust that the government will consider the case of the petitioner with due sympathy in case the petitioner submits such application. this aspect needs to ..... in air 1968 sc 843, it is observed as follows (at page 848) :--'1. is the revising authority trenching upon the powers which are expressly reserved by the act or rules to other authority? if so, it would be beyond the powers of the revising authority. 2. is the revising authority ignoring the limitation, meaning thereby, inherent ..... withdrawal of development rebate in relation to a dissolved firm. in our opinion, the observations made by the supreme court in the context of the indian income tax act, 1961 and determination of the aforsaid quetion are not relevant for deciding the question in this petition. moreover, the supreme court has not in any way changed .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-15-1991
Reported in : AIR1993Guj5; (1992)1GLR79
..... city civil court was not right in coming to the conclusion that the provisions of section 202 stood repealed by section 19 of the public premises act.16. after considering the ambit and scopeof the expression 'corresponding law' thiscourt indicated some broad tests for determining whether there is implied repeal of aparticular ..... section 17 protects any action taken in good faith. section 19 provides for repeal of certain statutes. it reads:'19. the bombay government premises (eviction) act, 1955 and any other corresponding law providing for the eviction of occupants from public premises are hereby repealed: provided that anything done or any actiontaken (including ..... the district judge. how-ever, before i express any opinion on that aspect, it is necessary to refer to the relevant provisions of the public premises act also.10. as stated in the preamble, the actwas enacted to provide for the eviction ofunauthorised occupants from public premisesand for certain incidental matters. 'competent .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-16-1991
Reported in : AIR1993Guj53
..... certain authorities, the exercise whereof may make serious inroads into the rights of properties of private individuals, there was any guidance to be collected from the act itself, its object and its provisions, in the light or the surrounding circumstances which made the legislation necessary, taken in conjunction with well known facts ..... force and proposal for designation, the use of the land for residential, industrial, commercial or agricultural purposes.under section 20 of the gujarat town planning act, the area development authority or any other authority for whose purpose the land is designated in final development plan may acquire the land either by ..... government and after consulting the consulting surveyor the state government sanctioned the development plan in exercise of its power conferred by section 10 of the said act. annexure a to the petition is the notification dated 21st august 1965 issued by the government in panchayats and health department sanctioning the development plan .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-19-1991
Reported in : (1992)2GLR958
..... that the variation suggested by the government and the procedure resorted to by the government is certainly in public interest, as provided under section 19 of the act.13. while examining the challenge to the sanction to the final development plan and the variation made therein the purpose for which the development plans are prepared ..... this contention also fails.8. this brings us to the challenge to the variation made in the plan by resorting to the provisions of section 19 of the act. as indicated herein-above, the land which was reserved for gidc housing and other related purposes is specified for obnoxious and hazardous industries. apparently actions for this ..... from time to time by the state government. the only condition is that such directions and instructions should be for the purposes of efficient administation of the act. it may be noted that in case of dispute between the urban development authority and the government as regards the powers and discharge of the respective functions .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-23-1991
Reported in : (1992)2GLR1232
..... neither resolution dated 7th january, 1982 nor resolution dated 15th september, 1982, can be made applicable to the petitioner and others like it, who had already started acting upon the earlier promise contained in the resolution dated 27th august, 1980 and made substantial investment and altered their position to such an extent that they would suffer ..... of action. the supreme court also observed that it is not necessary, in order to attract the applicability of the doctrine of promissory estoppel, that the promisee, acting in reliance on the promise, should suffer any detriment. what is necessary is only that the promisee should have altered his position in reliance on the promise. the ..... 64 stc 304 : : [1987]165itr6(sc) are not of any help to him. in that case, the government notification issued under section 49(2) of the act exempting wholly or partly from payment of sales tax or purchase tax, certain specified classes of sales and purchases described in the entries at sr. nos. 1 to 52 .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-24-1991
Reported in : (1992)2GLR1146
..... in the said case the supreme court has observed that 'to attract the application of section 34 it must be established beyond any shadow of doubt that the criminal act was done by several persons in furtherance of the common intention of all. in other words, the prosecution must prove facts to justify an inferences that all the ..... such presence of those who in one way or the other facilitate the execution of the common design, if itself tantamount to actual participation in the 'criminal act'. the essence of section 34 is simultaneous consensus of the minds of persons participating in the criminal action to bring such a particular result. such consensus can be ..... of participation in action. it is the essence of this section that the person must be physically present at the actually commission of the crime. common intention implies acting in concert, existence of a pre-arranged plan which is to be proved either from conduct or from circumstances or from any incriminating facts. it is therefore, .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-29-1991
Reported in : 1992(37)ECC123; 1994LC644(Gujarat); 1992(58)ELT9(Guj); (1992)1GLR172
..... limited v. collector of central excise, hyderabad, reported in (tribunal). therein the majority members of the tribunal (cegat) have interpreted the provisions of the finance act, 1978 by which special excise duty was imposed. it is true that the majority of the members of the tribunal have taken the view which supports the petitioner ..... attract duty liability, on account of insertion of tariff item no. 25aa. in that context the supreme court has made observation that section 3 of the act could not be invoked to levy excise duty merely on the ground that pre-excise stock of rods and bars utilised for the purpose of manufacturing agricultural ..... extent. but having regard to the language used by the legislature and all other relevant facts and circumstances we would have held that to certain extent the act of 1978 is retrospective, because other interpretation would lead to inconvenience, complexity and several uncertainties and also to inequitable result. neither the revenue nor the consumer .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-30-1991
Reported in : (1993)2GLR1728
..... the embarrassment or the prejudice that was likely to be caused by proposed alternative charge for altogether a different and a distinct offence arising from a different act or series of acts. the very order exh. 55 and consequent addition of alternative charge, deserve to be quashed as being not in accordance with law. that being the position ..... provisions of code of criminal procedure, what is important to be borne in mind is that the prosecution must not have any doubt as to a single act or series of acts which would constitute the transaction. the doubt must be as to the inference to be deduced from the facts comprising the transaction, thus making it doubtful ..... way of a separate chapter, namely. chapter xxa with the title 'cruelty by husband or the relatives of the husband' by the criminal law (second amendment) 1983 (act no. 46 of 1983) with effect from 25-12-1983.8. the provision contained in explanation define 'cruelty' for the purpose of the substantive provision laying down the .....
Tag this Judgment!Court : Gujarat
Decided on : May-01-1991
Reported in : (1992)1GLR136
..... of hukam chand (supra), he was allotted certain agricultural lands situated in an urban area under the provisions of the displaced persons (compensation and rehabilitation) act, 1954. subsequently rule 49 of displaced persons (compensation and rehabilitation) rules, 1955 was amended and explanation was added to it and the amendment was given ..... of prior notification and substitution of it by another notification tentamounts to repeal of prior notification and therefore consequences of repeal under the general clauses act, would apply, and therefore the respondents were not justified in collecting the duty as regards unexpired period of five years in respect of ..... above referred question arises for consideration in the following facts:the petitioner in each petition is a partnership firm registered under the provisions of indian partnership act, 1932, and is carrying on business of taking cinema films on hire basis, exhibiting the same, taking theatres on rental basis, constructing theatres .....
Tag this Judgment!Court : Gujarat
Decided on : May-07-1991
Reported in : (1991)2GLR876
..... should be allowed to raise such a contention at a subsequent stage of trial. but as noticed the above said circumstances are so unequivocally clear that the alleged acts and deeds of the police officer would not fall within the purview of section 197 of the code of criminal procedure. the conclusion therefore would be that ..... advocate shri chitranjan brahmbhatt of nadiad.8. the tell-tale story emerging from the above said circumstances would definitely show that it cannot be said that the acts alleged against the police officers are of such a quality that they would fall within the scope of the official duty to be performed by the police officers ..... not removable from his office save by or with the sanction of the government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty'. the moot question therefore which arises, for the appreciation of the rival contentions in the present cri. revision application .....
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