Court : Gujarat
Reported in : AIR1969Guj349; (1969)GLR769
..... of article 19(1), which is not a war-time legislation, the licensing scheme especially in the context of the power to revoke or modify a license, must be interpreted on the presumption that in exercising this discretion, the authority must act fairly at least in accordance with essential principles of natural justice' of a prior notice and reasonable opportunity to be heard, and on the objective existence of the grounds on which the power is required to be exercised, and, therefore ..... very nature of the statutory administrative power to make a decision affecting private rights or relating solely to the treatment of an individual, it is either held to be a quasi-judicial power, or such as to imply a statutory duty to act fairly in accordance with the essential principles of justice of at least a previous notice and reasonable opportunity of being heard before an impartial authority, and a further duty to come to as honest decision on the matter statutorily left to such authority ..... under section 3, section 4 or section 5 where such licence is required in respect of any prohibited armsor prohibited ammunition; * * * * * (b) (i) where such licence is required by a person whom the licensing authority has reason to believe (1) to be prohibited by this act or by any other law for the time being in force from acquiring, having in his possession or carrying any arms or ammunition, or (2) to be of unsound mind, or (3) to be for any reason unfit for a licence under this ..... dapah, air 1953 mad 476 .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)4GLR459
..... other law for the time being in force, from acquiring, having in the possession or carrying any arms or ammunition, or is of unsound mind, or is for any reason unfit for a licence under this act, or(b) if the licensing authority deems it necessary for the security of public peace or for public safety to suspend or revoke the licence, or(c) if the licence was obtained by the suppression of material information or on ..... of the area mentioned in the schedule with the nearest police station.hence, for maintaining public peace and public safety in surat district, according to the provisions of section 17(3)(b) of arms act, 1959, licences of licence-holders of the area mentioned in the schedule are suspended fron 10th january, 1995 to 15th march, 1995 for public peace and safety. ..... section 43 provides that the central government by notification in the official gazette, direct that any power or function which may be exercised or performed by it under this act other than the power under section 41 or the power under section 44 may, in relation to such matters and subject to such conditions, if any, as it may specify in the notification, be exercised or performed also ..... though different orders have been passed by the different authorities in purported exercise of power under section 17(3)(b) of the arms act but all orders proceed on common ground of situation of law and order for maintaining peace and public safety in the forthcoming general election to the gujarat legislative assembly in .....
Tag this Judgment!Court : Gujarat
Reported in : (1997)1GLR684
..... of the school management that in matters of admission of students to the degree courses, it is for the principal of the college or dean of the college to take decision finally and there is no provision in the delhi university act which vests the university with overriding powers of precluding the college from exercising such right, the criterion of admission on the basis of examination plus interview was held to be not contrary to such right. ..... had arisen in the light of the controversy that three colleges concerned were established before the reorganisation of the state of punjab and were affiliated to punjabi university; on establishing punjabi university under the punjabi university act 1961, a notification was issued by government of punjab extending the area of jurisdiction of power of university effecting the consequence that college associated with punjab university ceased to be so associated with the same and ..... another thing to say that exercise of its functions which is an instrumentality of state being aided school and admissions to which are subject to rights of an individual under article 29(2) is not absolved from duty to act reasonably and fairly in discharge of its functions, which is like a golden thread pervading through the entire constitutional scheme.17. ..... aid within the precincts of their right to administer and manage the educational institution is not absolved from their obligations to act fairly and reasonably, within the limits of constitutional requirements.21 .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1993Guj150; (1993)1GLR602
..... (1) any citizenship of india who by naturalisation, registration or otherwise voluntarily acquires, or has at any time between the 26th january, 1950 and the commencement of this act voluntarily acquired, the citizenship of another country shall, upon such acquisition or, as the case may be, such commencement, cease to be a citizen of india. ..... since the central government is not before me, the office is directed to send a copy of this order to the department concerned of the central government, new delhi as also to the general administration department and home department of the state government. ..... representation of the petitioner by issuing the following directions:'(i) the appellant shall make a detailed representation setting forth all the factual features concerning herself being an indian citizen by descent as per section 4(1) of the citizenship act, 1955 and continuing to be such a citizen, within a period of three days from today to the second respondent. ..... view of the above circumstances, in my opinion, the order directing the central government to pass appropriate orders in accordance with the provisions of section 9(2) of the citizenship act, 1955 will also cover the case of the petitioner in special civil application no. ..... submitted that if the interpretation of rule 1.4 put forward by the respondent authorities is accepted, the rule would be ultra vires the citizenship act, 1955 as also articles 14 and 21 of the constitution of india being arbitrary and unreasonable. mr. .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)2GLR761
..... case, i find that so far as the order dt.20.3.98 passed by the district magistrate is concerned, it only says that according to the information received from the government under the provisions of s.13(3) of the arms act, 1959, the arms licence can be granted only to a person, who is a citizen of india and since the petitioner holds the citizenship of kenya no arms licence could be granted to him and, therefore, ..... has submitted that in the same enactment the legislature has used the words 'person' and 'citizen' in different provisions and wherever the legislature wanted to restrict the scope of the arms act and the arms rules to 'citizen' it has used the word 'citizen' and in the provisions where the word 'person' has been used, it means that such person may be ..... or prohibited ammunition and the licence in any other case under chapter ii - where such licence is required by a person whom the licensing authority has reason to believe to be prohibited by this act or by any other law for the time being in force from acquiring, having in his possession or carrying any arms or ammunition or to be of unsound mind or to be for any reason unfit for a licence under this ..... order, as has been passed by the appellate authority, which is impugned in this petition, also shows that the heart and soul of the order is sec.13 of the arms act on the basis of which the appeal has been rejected only for the reason that the petitioner is not a citizen of india and, therefore, he is not entitled to .....
Tag this Judgment!Court : Gujarat
Reported in : 2002ACJ780; (2001)3GLR2528
..... the record of the university that he was well qualified and he had acquired doctorate in agricultural entomology in the year 1977 from the international institute, like indian agricultural research institute, new delhi; that he had a distinguished career not only in acquiring the degree and knowledge, in his field, but even as a teacher and a guide. ..... the term 'disability' denotes physical difficulty or impairment and the resulting social and economic status of the affected individual or person wronged by the tortious act.fundamentally, disability is a negative term, in that, it refers to an inability or incapacity to meet certain standards of physical efficiency and/or social, ..... therefore, the compensation to be assessed which can be termed 'just' as contemplated by section 110b (old act) now section 168(1) (new act) of the act, should be such that if the same is prudently invested in some scheduled bank, it would earn interest which would be equal to the pecuniary benefit which had been available to the legal ..... case, nature of injuries, the amount of pain, shock and suffering, physical impairment sustained by the claimant, his age and avocation and the extent of permanent partial disablement of his anatomy, the claimant is found entitled to additional amount of rs. ..... thus, there is impairment on the functions of the anatomy and loss of physical function of the whole body is assessed to the extent of ..... is not the loss of limb or loss of anatomy, which is, otherwise, invaluable. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1970Guj97
..... descriptive of the offence and not forming an ingredient of the offence, their lordships set out the ingredients of the offence under clause (d) in these words:-'the ingredients of the particular offence in clause (d) of section 5(1) of the act are: (1) that he should be a public servant, (2) that he should use some corrupt or illegal means or otherwise abuse his position as a public servant, (3) that he should have thereby obtained a valuable thing or pecuniary ..... it was conceded that if even as an examiner he was a public servant then as this bribe was obtained for giving more marks it would be in connection with an official act or in exercise of his official functions, but as he cannot be called a public servant in relation to his office as such examiner the basic requirement of section 161, indian penal code ..... servant in the sense that he was in the government service as a seniro lecturer in a government college, but the bribe in this case was obtained not in connection with any official act or in connection with exercise of his official functions as such servant but in connection with his work as an examiner of the gujarat university. ..... state of delhi, : 1956crilj837 , bribery as defined in section 161, indian penal code, if it is habitual, falls ..... delhi ..... delhi administration, : (1962)illj142sc , it was not necessary that the misconduct which is an offence under clause (d) of section 5(1) should be committed in the discharge of the public servant's duties and therefore the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1994Guj167; (1994)2GLR1498
..... and (3) any of the powers, duties or functions including powers, duties or functions of a judicial or a quasi judicial nature, conferred or imposed upon or vested in the commissioner or the transport manager by or under any of the provisions of the act may be exercised, performed or discharged, under the control of the commissioner or the transport manager as the case may be and subject to his revision and to such conditions and limitations, if any, as may be prescribed by rules, or as he shall ..... where cost of land and cost of construction is not available, then the delhi rent control act envisages the rent, which is prevailing in the neighbourhood, to be used as a measure for ..... the bombay rent act, unlike the delhi rent control act, does not contain a mathematical formula for ..... agreed rent is, at no point of time, under the delhi rent control act, regarded as the standard rent. ..... are a clear departure from the delhi rent control act in one important aspect. ..... opposed to the delhi rent control act, the first contractual rent in case of premises let after 1st of september, 1940 is regarded as the standard rent by virtue of the provisions of section 5(10) of the act. ..... according to the delhi rent control act, the standard rent has to be determined according to the formula prescribed therein, which envisages a percentage of return on the cost of land ..... like the delhi act, section 5(10) also provides that where, by an order of a court, standard rent is fixed, then for the said premises, that .....
Tag this Judgment!Court : Gujarat
Reported in : (1997)1GLR751
..... and lenient view of the matter by granting less than the minimum prescribed under the act would be at the hazard of the greatest public interest, where corruption despite the special act with the deeming fiction and presumption against the accused is spreading with leaps and bounds! ..... such a presumption runs counter to the well recognised principle that-prima facie public servants must be presumed to act honestly and conscientiously and their evidence has to be assessed on its intrinsic worth and cannot be discarded merely on the ground that being public servants they are interested in the success of their ..... if he has taken out the entire wind out of the sail of prosecution, but if we otherwise with little more composure carefully see, the entire evidence of pw-1 right from the time pw-4 requested him to act as a decoy witness till the time raid was over, more or less, he has supported the prosecution case. ..... as a matter of fact, how indeed the evidence of prosecution witnesses in trap cases under the corruption act is required to be appreciated, the supreme court has time and again given illuminating guidelines in the following ..... (informant) for the alleged offences punishable under section 5(2) read with section 5(1)(d) of the prevention of corruption act, 1947 and section 161 of indian penal code by the learned special judge. ..... the state (delhi administration) air 1980 sc 873 : in this case, the accused police constable was tried on the charge of ..... delhi ..... state (delhi administration .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)1GLR346
..... a perusal of the evidence adduced by the prosecution, according to us, does not establish that the accused spoke or wrote the words or made the signs or representations, or did some other acts, or the accused thereby brought or attempted to bring into hatred or contempt; or excited or attempted to excite disaffection; or that such disaffection was towards the government established by law ..... a direction may be issued that the accused shall not be entitled to any commutation or premature release under the code, prisoners act, jail manual or any other statute and the rules made for the purpose of grant of commutation and remissions, and shall spend his entire life in the prison, in view of the act committed by the accused, who is a pakistani citizen, by bringing explosive substance to the indian territory with a view to blast ..... ., the prosecution must prove:(i) that the accused spoke or wrote the words, or made the signs or representations, or did some other acts, in question;(ii) that the accused thereby brought or attempted to bring into hatred or contempt; or excited or attempted to excite disaffection;(iii) that such disaffection was towards the government established by ..... premises, according to him, the impugned judgment and order convicting the accused for the offences of waging war as well as under the explosive substances act and the arms act, deserves to be quashed and set aside by allowing this appeal and also by dismissing the criminal confirmation case. ..... state of delhi jt .....
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