Court : Gujarat
Reported in : (1967)0GLR494; (1968)IILLJ638Guj
..... case further is that accused 1 told hamir that hamir and natha had carried out the repairs in the dilapidated house opposite the panchayat office without the permission of the panchayat and for this act they were liable to be prosecuted and moreover the house was a disputed property inasmuch as it was mortgaged with ratanji and that the accused would see to it that hamir was made to quit ..... 105 of the evidence act, but it may raise a reasonable doubt in the mind of a judge as regards one or other of the necessary ingredients of the offence ..... 4(1) of the prevention of corruption act will be satisfied if he establishes his case by a preponderance of probability as is done by a party ..... 4(1) of the prevention of corruption act can be said to be discharged, there are various decisions of ..... 4(1) of the prevention of corruption act, he held that since the ..... to rebut the presumption that such circumstances did not exist, by placing material before the court sufficient to make it consider the existence of the said circumstances so probable that a prudent man would act upon them. ..... 3 of the evidence act; and the fourth principle laid down in that case was that the burden can only be said to have been discharged by the accused when besides offering an explanation, which may be reasonable ..... prevention of corruption act (hereinafter referred to as the act. ..... 4(1) of the act arises against the accused but in case the accused leads evidence to rebut the presumption the importance of corroborative evidence .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1980Guj165; (1980)0GLR232
..... his protected tenants under the provisions of the bombay tenancy and agricultural lands act, 1948, (hereinafter referred to as 'the tenancy act' for the sake of brevity). ..... not with the object of casting its reflection upon the forms of transfer of immoveable property specified in the transfer of property act but with the object of providing for cases in which a person created a trust and appointed himself as the sole trustee. ..... mehta felt that since the transaction in question amounted to a gift, it might be hit by the provisions of section 63 of the tenancy act because that transaction was brought about with out the previous permission of the competent authority specified in section 63, upon reference, the mamlatdar, kamrej, held that the ..... the learned judges have expressed their view in the following terms:'under section 6 of the act subject to the provisions of section 5 a trust is created when the author of the trust indicates with reasonable certainty by any words or acts: (a) an intention on his part to create thereby a trust, (b) the purpose of the trust, (c) the beneficiary, and (d) the trust property, and (unless the trust is declared by will or the author of the trust ..... ramavadhanulu : (1903)13mlj364 , it has been laid down upon the construction of section 122 of the transfer of property act that the word 'donee' refers to an ascertained or ascertainable person or persons by whom or on whose behalf the gift can be accepted or refused and has no application to an .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)1GLR330
..... read with section 2(18)(d) of the bombay tenancy and agricultural lands act, 1948 (hereinafter referred to as 'the act' for short) in respect of the agricultural lands bearing survey ..... patel, learned advocate for the petitioner has submitted that initially the respondent tenant has filed application under section 70(b) of thetenancy act which is at annexure-a on page 13 for the prayer to declare that the respondent is a tenancy in land in question and possession of the said land are with the respondents and also prayed to determine ..... then the tribunal is not entitled in the law to resort to any other provisions of the tenancy act and plead that there is sufficient material on record to invoke any other section in that event, it is the duty of the tribunal to give reasonable opportunity of being heard in respect of resorting to any other provisions of the tenancy act to the petitioner but that opportunity of hearing was not given by the tribunal, and therefore, the ..... evidence on record and also considering the documentary evidence of various receipts, the mamlatdar has come to the conclusion that dana kalayan is a tenant under the provisions of tenancy act of the land in question and considering the other facts, purchase price has been fixed by the mamlatdar. ..... december, 1954 and on 15th june, 1955 which is the relevant date for the purpose of section 32ff read with section 2(18)(d) of the act and that they were also in possession of the lands on 1st april, 1956, the tillers' day. .....
Tag this Judgment!Court : Gujarat
Reported in : 2005(1)ALD(Cri)3; I(2005)BC471; 2004CriLJ3628; (2005)1GLR638
..... the funds been available, the payment would have been made leads back to the position that dishonour, therefore, implies insufficiency of funds'.referring to sections 5 and 6 of the negotiable instruments act for the purposes of stressing that every cheque is bill of exchange and that every bill of exchange is an 'unconditional order' to pay the amount stated therein, the bench observed as ..... follows:-'reading these provisions with statement of objects and reasons of the banking public financial institutions and negotiable instruments law (amendment) act, 1988 (66 of 1988) whereby chapter 17 comprising of sections 138 to 142 were inserted with effect from 1.4.1989, there can be little doubt that section 138 was intended to be a provision to ..... however, this obligation of the banker does not absolve the drawer from the liability in the event of the cheque being dishonoured, under section 138 of the negotiable instruments act, if he closes the account before or after the issuance of the cheque because when cheque is drawn in discharge of a pecuniary liability, it can be always presumed that there exists an ..... filed in the court of learned judicial magistrate, first class, ahmedabad (rural) for commission of alleged offence under section 138 of negotiable instruments act ('the act' for short) in which process has been issued, has prayed to quash and set aside the complaint and process issued thereunder, on the .....
Tag this Judgment!Court : Gujarat
Reported in : (1990)1GLR384
..... , reported in 1987 (2) slr 678, the punjab and haryana high court has laid down that every worker who works for a principal employer to whom the provisions of the contract labour (regulation & abolition) act, 1970 are attracted is to be treated as the worker of the principal employer unless two conditions are satisfied : (1) that the establishment has secured a certificate of registration for the relevant period and (2) it had employed contract labour ..... it is also stated by the petitioner-union that the contractors shown by the corporation on record were not having any valid licence required under the contract labour (regulation and abolition) act, 1970 (hereinafter referred to as 'the act') and, therefore, all these employees working in the eleven depots served through contractors who were not holding valid licence in the eye of law atleast since january 28, 1986 when the definition of the term ' ..... 1 herein and if the corporation intends to engage a contractor, then it has to get itself registered under section 7 of the contract labour (regulation and abolition) act, 1970, the provisions of which are in the following terms : 'registration of certain establishments :- (1) every principal employer of an establishment to which this act applies shall, within such period as the appropriate government may, by notification in the official gazette, fix in this behalf with respect to establishments generally or with respect to any class .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)1GLR525
..... any new discharge of sewage, provided that a person in the process of taking any steps to establish any industry, operation or process immediately before the commencement of the water (prevention and control of pollution) amendment act, 1988, for which no consent was necessary prior to such commencement, may continue to do so for a period of three months from such commencement or, if he has made an application for such consent, within ..... the gpcb, it is mentioned that the board in pursuance of the court's order dated 6.5.98, had recommended on 21.1.1999 taking of action under section 5 of the environment protection act, 1986, against 44 units to the government and ultimately the department of environment and forest of the government have issued closure orders against them on 31.3.1999 as per annexure-i of ..... without applying their mind to the applications and create a situation where such default consents come into existence under sub-section (7) of section 25 of the act, that would not only reflect the inefficiency of the board, but would amount to dereliction of duty on the part of the concerned officers. ..... entitle any person to discharge directly or indirectly into any municipal drain any trade effluent except in accordance with the provisions of section 166 of the act or to discharge any liquid or other matter, the discharge of which is prohibited by or under the act or any other law for the time being in force.3.4 therefore, two things become clear from these statutory provisions. .....
Tag this Judgment!Court : Gujarat
Reported in : [1978]112ITR819(Guj)
..... question is not of any equity in the present case but about the true construction of such limitation provision and the question is already answered by their lordships that in order that such hierarchial shame under the act or the constitution, where the other higher authority or superior court could pass order of remand for passing a fresh order would not be rendered ridiculous and useless, such limitation must be spelt out looking to the ..... 397, where their lordships had pointed out the settled ratio that, naturally, after the period of limitation had expired, no proceedings could be taken to assess nor could any period of limitation laid down by the act be extended merely by a superior tribunal directing an inferior tribunal to make an assessment or to take proceedings which result in assessment after the period of limitation was over. ..... the aforesaid decision in kishoresinh kalyansinh solanki's case : [1960]39itr522(bom) was in the context of section 33b(2)(b) of the indian, income-tax act, 1922, which provided that no order shall be made under sub-section (1), after the expiry of two years from the date of the order sought to be revised. ..... april 6, 1960, and it would be binding on this court, had not been accepted on the ground that, however desirable it would be to have a provision that the period of limitation would not apply when the authority was acting under the direction of the appellate authority, such a provision could not be introduced by the judicial decision. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1967Guj219; (1967)0GLR31
..... page 1542 that to the extent that section 129-a provided a special machinery in respect of blood collected for the report of the chemical analyser in the course of investigation of an offence under the act an examination of person suspected by police officer or a prohibition officer of having consumed intoxicant or of his blood must be carried out in the manner prescribed by section 129-a and the evidence to prove ..... it was pointed out that if an investigating officer or a prohibition officer duly empowered desired to have a person examined or his blood taken in the course of investigation for an offence under the act and took steps which were prescribed under section 129a, in that case the certificate of the registered medical practitioner and the report of the chemical analyser on the result of the test of blood ..... the chemical analyser to prove the fact of concentration of blood which had been collected and sent to the chemical analyser in the course of an investigation of an offence under the act such certificate could be evidence only if the certificate had been obtained in the prescribed manner as laid down in section 129-a, otherwise it could not be used as evidence in the case ..... has been filed by the original accused, dismissing his appeal against his conviction under section 66(1)(b) of the bombay prohibition act, 1949, hereinafter referred to as `the act' by the judicial magistrate, first class, bagasara wadia and for which he was sentenced to suffer rigorous imprisonment for .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)2GLR1132
..... accident occurred before amendment, therefore, in any capacity any person is not permitted to travel in goods vehicle because their risk is not covered under section 147 of the motor vehicles act as well as insured owner has not paid any additional premium covering risk of such person before insurance company. ..... in case of insurance policy not taking any higher liability by accepting a higher premium in case of payment of compensation to a third party insurer would be liable to extent limited under section 95(2) of the motor vehicles act or insurer would be liable to pay entire amount and he may ultimately recover from insured? ..... however, there is nothing in section 95 of the act prohibiting the parties from contracting to create unlimited or higher liability ..... considering provisions of old act that in absence of such terms of clause in policy pursuant to contract of a company a limited statutory liability cannot be expanded to make it unlimited or hire and if it is so done statute or contract of insurance ..... accident occurred on 11/9/1990 prior to amendment in section 147 of motor vehicles act dated 14/11/1994. ..... law but if party has failed to do so, than the blame cannot be made against claims tribunal that claims tribunal has not considered amended and not amended section 147 of the act. ..... the said decision was based upon the relevant clause in the insurance policy in that case which restricted the legal liability of the insurer to the statutory requirement under section 95 of the act. .....
Tag this Judgment!Court : Gujarat
Reported in : [2004]118CompCas27(Guj)
..... date of the transaction, be unable to pay from his own money his debts as they fall due ; (2) the transaction must be in favour of a creditor, or of some person in trust for a creditor ; (3) the debtor must have acted with the view of giving that creditor, or a surety or guarantor for the debt due to that creditor, a preference over his other creditors, (4) the debtor must be adjudged bankrupt on a bankruptcy petition presented within six calendar ..... the first and fourth of these conditions have an important connection with one another, for their combined effect is to render it unnecessary to inquire whether the debtor acted in contemplation of bankruptcy ; this question is now irrelevant, at any rate so far as its determination in the affirmative would be a condition precedent to the avoidance of a transaction as a fraudulent preference ; the test which these two conditions create ..... transaction to constitute a fraudulent preference, it must appear that the transaction took place within six months of the commencement of winding up, and that the substantial or effectual or dominant view in the mind of the company, acting by its directors, was to prefer the creditor at a time when the company was unable to pay its debts as they became due ..... he has also referred to companies act, 1948 (part v, page 745)--buckley 7th edition in the heading 'motive and deeds of arrangement' (pages 745 and 746)--'on the question of fraudulent preference the court looks at the dominant or oral intention .....
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