Court : Gujarat
Decided on : Aug-22-1991
Reported in : 1992CriLJ1994
..... impugned judgment and order releasing the accused on bail to either the home department or the legal department so as to enable the decision taking authority to act upon it instantaneously. it is earnestly hoped that the observations made herein-above will be taken into consideration in the right earnest in the public interest.12 ..... enable them to avail themselves of justice.(iv) the appointment of officers for initiating or exercising supervision over prosecutions for the contravention of the provisions of this act.(v) the setting up of committees at such appropriate levels as the state government may think fit to assist the government in formulation or implementation of such ..... the state of west bengal, no other state has so far evinced any interest in framing the rules for effectively carrying out the object of the act to meet with the menacing problem of dowry death. taking into consideration the statistics and picture depicted in the foregoing paragraph of increasing number of cases of .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-22-1991
Reported in : 1992ACJ484; (1991)2GLR645
A.N. Divecha, J.1. By means of this First Appeal, the owner of the offending vehicle has questioned the correctness of the judgment and order passed by the Motor Accidents Claims Tribunal of Sabar Kantha at Himatnagar on 13th May, 1982 in M.A.C. Petition No. 360 of 1981.2. The facts giving rise to the present appeal may be summarised thus:Respondent No. 1 herein in the company of his cousin had been to village Bavasar on 19th March, 1981. They wanted to go to village Nana Chakla therefrom. They thereupon boarded one S.T. bus plying between Himatnagar and Punsari. It bore R.T.O. registration No. GTH 5319. Respondent No. 2 herein was at the steering at the relevant time. In the course of its journey at about 7.30 p.m. in the rim of village Modhuka, Taluka Prantij, it met with an accident with one bullock-cart coming from the opposite direction. The bullock-cart carried in it some corrugated iron sheets. Respondent No. 1 herein was occupying the right side window seat at the relevant time...
Tag this Judgment!Court : Gujarat
Decided on : Aug-22-1991
Reported in : II(1992)ACC157
A.N. Divecha, J. 1. By means of this First Appeal the owner of the offending vehicle has questioned the correctness of the judgment and order passed by the Motor Claims Tribunal of Sabarkantha at Himatnagar on 13th May, 1982 in M.A.C. Petition No. 360ofl981.2. The facts giving rise to the present Appeal may be summarised thus:Respondent No. 1 herein in the company of his cousin had been to village Bavasar on 19th March, 1981. They wanted to go to village Nana Chakla therefrom. They thereupon boarded on S.T. Bus plying between Himatnagar and Punsari. It bore R.T.O. Registration No. GTH S319. Respondent No. 2 herein was at the steering at the relevant time. In the course of its journey at about 7-30 p.m. in the sim of village Modhuka, Taluka Prantij is met with an accident with one bullock cart coming from the opposite direction. The bullock cart carried in it some corrugated iron sheets, Respondents No. 1 herein was occupying the right side window seat at the relevant time. As a result ...
Tag this Judgment!Court : Gujarat
Decided on : Aug-22-1991
Reported in : (1991)2GLR1385
..... by way of interim maintenance subject to the other conditions referred to the pending final disposal of the application.thus, the supreme court has recognised the power of the courts acting under section 125 of the criminal procedure code to pass an order for interim maintenance of satisfying himself that there is a prima facie case for making such an order in an ..... , by his order dated 9-1-1991 granted an amount of rs. 150/- by way of interim alimony in favour of the wife under section 24 of the hindu marriage act and, therefore, according to the learned addl. sessions judge, no order of interim maintenance can be passed in this revision application. a statement is made on behalf of the petitioner .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-23-1991
Reported in : 1992ACJ1128
..... ' for the sake of convenience.3. the claimant filed the aforesaid claim petition for compensation of rs. 9,999/-under section 110-a of the motor vehicles act, 1939 ('the act' for short hereinafter),inter alia, contending that he sustained serious injuries on account of a vehicular accident which occurred on 22nd march, 1979, at about 4 p ..... and award passed by the tribunal, the original claimant has now come up before this court challenging its legality and validity under section 110-d of the act.6. the learned counsel for the appellant-original claimant seriously argued that the tribunal has committed serious error in not accepting the version of the claimant in ..... of rash and negligent driving on the part of the driver of the offending vehicle. however, the claimant could have preferred his claim under the workmen's compensation act, 1923, as admittedly he was a workman of ongc and injuries were sustained by the claimant during the course of his employment with ongc. the claimant has .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-23-1991
Reported in : 1(1992)ACC672
..... ' for the sake of convenience.3. the claimant filed the aforesaid claim petition for compensation of rs. 9,999/- under section 110-a of the motor vehicles act, 1939 ('the act' for short hereinafter), inter alia, contending that he sustained serious injuries on account of a vehicular accident which occurred on 22nd march, 1979, at about 4 p ..... and award passed by the tribunal, the original claimant has, now, come up before this court challenging its legality and validity under section 110-d of the act.6. the learned counsel for the appellant/original claimant seriously argued that the tribunal has committed, serious, error in not accepting the version of the claimant in ..... of rash and negligent driving on the part of the driver of the offending vehicle. however, the claimant could have preferred his claim under the workmen's compensation act, 1923, as admittedly he was a workman of ongc and injuries were sustained by the claimant during the course of his employment with ongc. the claimant has .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-03-1991
Reported in : 1992(60)ELT88(Guj); (1992)1GLR452
..... no. 1-company. in this petition the petitioners have mainly prayed that tariff item 3(2) of the first schedule to the central excises and salt act, 1944 ('the act' for brief) which provides for rate of duty of excise on 'package tea', is illegal and ultra vires the constitution of india as it is arbitrary ..... has clarified that blending, sorting, packing or repacking in smaller containers shall amount to manufacturing process. this is made clear in chapter ix of the central excise tariff act, 1985. relying upon this deeming provision, the learned advocate for the petitioner submitted that till 1985, as there was no deeming provision, blending, sorting, packing and ..... the process carried out by the petitioners for having package tea can be considered to be a manufacturing process as defined under s. 2(f) of the act, that is, to decide whether package tea is different commercial commodity having its distinct character, use and name and commercially known as such because transformation of package .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-05-1991
Reported in : (1992)103CTR(Guj)185; [1992]196ITR44(Guj)
..... of 65 per cent. on the ground that it was an 'industrial company' as defined in section 2(6) (c) of the finance act (no. 2) act, 1971, and the finance act, 1972. the division bench of the delhi high court, negativing the claim of the assessee, held that the assessee-company did building work as a ..... the assets of an industrial undertaking belonging to these firms and, therefore, the amounts invested were exempt under section 5(1)(xxxii) of the wealth-tax act, 1957 (the 'act' for short). it was contended that the firms in which the assessee was partner owned an industrial undertaking as defined in the explanation to clause (xxxi) ..... the activity in which the firms as building contractors were engaged. the construction of buildings which was the business or occupation of the firms involved performance of several acts, including preparation of cement concrete. in other words, preparation of cement concrete was an integral part of the construction of the building, the occupation or business .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-10-1991
Reported in : (1992)1GLR631
..... out by the investigating agency or a reasonable claim to secure incriminating material from information likely to be received from the offender under section 27 of the evidence act can be made out, the power under section 438 should not be exercised.(6) the discretion under section 438 cannot be exercised with regard to offences punishable ..... investigating agency can make a reasonable claim that it can secure incriminating material from information likely to be received from the offender under section 27 of the evidence act. according to the high court, it is the right and the duty of the police to investigate into offences brought to their notice and therefore, courts should ..... facilitating the discovery. besides, if and when the occasion arises, it may be possible for the prosecution to claim the benefit of section 27 of the evidence act in regard to a discovery of facts made in pursuance of information supplied by a person, released on bail by invoking the principle stated by this court in .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-16-1991
Reported in : [1993]199ITR428(Guj)
..... has not pressed this petition against the order passed by the learned additional chief metropolitan magistrate on his application filed under section 279(1a) of the act. mr. shah has pressed this petition only on the ground that the proceedings of the criminal case no. 134 of 1987 should be quashed as the ..... 10, 1991, before the additional chief metropolitan magistrate, ahmedabad, under section 279(1a) of the act to dispose of the complaint as the income assessed was reduced and the penalty imposed on the petitioner-company was set aside. the said application being dismissed, ..... at ahmedabad. the said complaint was registered being criminal case no. 134 of 1987. the complaint was filed alleging breach of section 212 of the income-tax act without considering the judgment of the income-tax appellate tribunal. 2. the petitioners, having succeeded before the income-tax appellate tribunal, filed an application on january .....
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