Court : Gujarat
Reported in : (1960)1GLR233
..... on the interpretation of statutes, 10 edition page 381 where it is observed:where the prescriptions of a statute relate to the performance of a public duty and where the invalidation of acts done in neglect of them would work serious general inconvenience or injustice to persons who have no control over those entrusted with the duty without promoting the essential aims of the legislature such ..... be reckoned from the 1st of april and not from march 26, 1959, the date of the meeting when she first remained absent and; (3) that section 15 of the act contemplated that there must be meeting held in each of the four successive moths and in which meetings she must remain absent in order to constitute failure or default within the meaning of that ..... the contention on behalf of the opponents on the other hand was that since the word 'month' has not been defined in the act, the meaning to be attached to the word 'month' must be according to the bombay general clauses act which under section 3(30) defines the month as meaning a month reckoned according to the british calendar, month means the period here fore ..... this period, though it was incumbent upon him to do under sub-section (1) of section 26 of the act in the months of april and july 1959, it cannot be said that there was failure to attend or that there was absence from meetings as contemplated by section 15(2)(e) of the act; (2) that there was no failure to attend meetings during the four successive months inasmuch as the period of .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)184CTR(Guj)27; [2003]264ITR453(Guj)
..... manner in all respects as the trustees in their absolute discretion deem fit and to accumulate the balance of net income and to add the same to the corpus and it is hereby expressly agreed and declared that any act bona fide done by the trustees or any payment bona fide made by the trustees or the decision of the trustees in respect of the amount to be spent or applied in pursuance of the provisions of this clause shall ..... . even if the trustees had changed, that property would have vested by operation of law to the new trustees by virtue of the provisions ofsection 75 of the indian trusts act, which provides that, whenever any new trustee is appointed under section 73 ofsection 74, all the trust property for the time being vested in the surviving or continuing trustees or trustee, or in the legal ..... the trust itself by the deed of 11th april, 1961, which would be transfer of property within the extended meaning of the phrase as per section 2(xxiv) of the gt act and the property that was transferred to the trustees never reverted to the settlor, because that part of the trust deed continued to operate ..... the essential difference that widens the scope of 'gift' for the purposes of the provisions of the gt act, is due to the enlarged meaning of the expression 'transfer of property' as defined in clause (xxiv) of section 2 of the gt act means any disposition, conveyance, assignment, settlement, delivery, payment or other alienation of property and, inter alia, includes 'the creation of .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)1GLR443; (2000)ILLJ948Guj
..... taking into consideration relevant factors which it was required to take into consideration before exercise of its authority and therefore the action would be ultra vires the provisions of the act, and secondly it has the dimension of challenging the action being discriminatory in choosing the petitioner to be brought under prohibitive notification under section 10 while other similarly situated ..... the various interests, namely the employer, the contractor and the workmen and that constituted body was required to be consulted the nature of hearing contemplated under the act was only voicing the concern by the respective interest, namely, workmen, the contractor and the employer was through advisory board through the process of consultation. ..... the aforesaid cases clearly indicate that apart from the fact that appropriate government must act in consultation with advisory board constituted by the government must also act on relevant considerations which have been expressly spelt out in section 10(2) of the act, and failure to account for any of the considerations would leave this provision vulnerable to attack on the ground that it has failed to take into ..... distinction between two has usually been expressed as one between the general and particular : 'a legislative act is the creation and promulgation of a general rule of conduct without reference to particular cases; an administrative act is the making and issue of the direction or the application of a general rule to a particular .....
Tag this Judgment!Court : Gujarat
Reported in : (1980)2GLR376
..... and from other persons, conviction of assurance of the truth or actuality of anything on grounds other than personal observation or experience, that is, on other than demonstrative evidence, conviction of the mind founded on evidence that a fact exists, that an act was done, that a statement is true....in aiyer's law terms and phrases, 7th edition, (1973), the expressionreason to believe' has been explained in the following terms: 'a person is said to have 'reason to believe' a thing if he has ..... , vehicle, vessel or other conveyance used in carrying such pulses or edible oil seeds or edible oils if he has reason to believe that such animal, vehicle, vessel or other conveyance is liable to be forfeited under the provisions of the act.the simultaneous use of these two different expressions in clause 18 of the second 'licensing order leaves no doubt in our minds that the expression 'reason to believe' was not loosely used by the state government without realizing ..... the central government; and(3) that in making an order relating to any of the matters specified in the said clause (j) the state government shall authorise only an officer of government.it is by virtue of the provisions of section 5 of the essential commodities act, 1955, read with the notified order dated 20th june 1972, quoted above, that the state government has made the second licensing order under clauses specified in the said notified order of the ..... it was a case under cotton textiles (control of movement) order, 1948 .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)2GLR1754
..... that merely on change of revenue areas of patan and siddhpur talukas, the membership of the federal societies in those talukas would not change unless the societies themselves amend their bye-laws under section 13 of the act and, therefore, 27 member cooperative societies, which were affiliated to siddhpur taluka specified cooperative society could not have been excluded from the voters' list. ..... but for that reason alone, it cannot be held that under the gujarat act and the rules framed thereunder, regardless of the change of the area of taluka or district and without amending its bye-laws, a cooperative society of primary level can send its members for vote or election to a ..... as bhavnagar district cooperative bank limited is a specified society within the meaning of the act, the election to the managing committee of the said bank is regulated by the provisions of the gujarat specified cooperative societies elections to committees rules, 1982 (the rules for short) ..... the abovequoted principles would be applicable to the provisions of section 6 of the act which, inter alia, provide that no society with unlimited liability shall be registered unless all the persons forming the society reside in the same town or village or in the same group of ..... having thus briefly surveyed the scheme of the act on the provisions of the act and the rules mentioned above, what we discover is that the structure of the cooperative societies from state level down to taluka level is based on the revenue .....
Tag this Judgment!Court : Gujarat
Reported in : 2003CriLJ5070; (2003)4GLR916
..... to judgment is also squarely applicable to the facts of the present case as in this case also accused were suspected by bsf personnel of having committed offence under the ndps act and, therefore, they were brought to bsf camp at koteshwar and during interrogation they voluntarily gave information about the charas which they secreted in vaniya vadi creek and thereafter their ..... seizure and drawing of sample, handing over of the goods by bsf officers to customs authorities and the statements of the accused recorded under section 67 of the ndps act and section 108 of he customs act which were voluntary and genuine in nature, recorded without any threat, coercion, duress or undue influence which were never retracted by them and also got corroboration from other ..... as other high courts in those reported decisions rested on the facts of those cases and interpreted the statutory provisions contained under various provisions of the ndps act and thus they are not applicable to the facts of the present case and, therefore, we do not deem it expedient to refer to those reported decisions in this judgment to burden ..... trafficking of charas by aiding each other and thereby they have committed offences under section 20(b)(ii) read with section 29 of the ndps act whereas a-1 and a-4 have also committed offences under section 23 read with section 29 of the ndps act and resultantly the learned judge has convicted and sentenced the accused to which reference is made in earlier paragraphs of this judgment, .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)1GLR348
..... of the counsel for the appellant-bank that the tribunal, revising to accord approval and in disregarding the findings recorded by the enquiry officer, exceeded its jurisdiction conferred by section 33(2)(b) of the act, and the tribunal having once held that the enquiry was fair, it had not jurisdiction to go into the correctness of the findings of the enquiry officer as an appellate court, held that ..... chemical works, reported in air 1978 sc 1004 principle which has been laid down by the apex court that tribunal while exercising the powers under section 33(2)(b) of the act, is not entitled to consider the propriety or penalty of punishment whether it is excess or whether it is mala fide or an unfair labour practice has been followed by the employer but only when the tribunal ..... various cases it has been held that domestic tribunals like an inquiry officer are not bound by the technical rules about the evidence in the evidence act but it has nowhere been laid down that even substantive rules which would form part of principles of natural justice also could be ignored by the ..... also necessary to note that the conciliation officer while exercising the powers under section 33(2)(b) of the act, is entitled to exercise to examine the validity of the finding whether the same is based ..... that this is a .different case as the matter before the tribunal was under section 10(1)(d), industrial disputes act, and not a case under section 33(2)(b) and on facts distinguishable from the present case. .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)1GLR205
..... like accused has done with the intention of the causing death or causing such injury is likely to cause death, the important ingredient is intention whereas in [2] if the act is done with the knowledge but without any intention to cause death or such injury is likely cause death when person hits any weapon on the vital part of the body of the person, ..... act, 1966' and amended by the victim compensation act, 1998 in the united states.it is also necessary to create and establish the crime victims institution with a purpose to provide for relevant research and information program evaluation and policy recognitions for ..... the legislation on 'the victims compensation to provide adequate mechanism for interim and final order of restitution, creation of directorate victim services to provide adequate assistance and help to a person who is an victim of a act of crime who does not have a compensable injury could get counselling and physical therapy by qualified psychiatrist on the line of provisions of 'the victim compensation ..... bureau to provide counselling information and referral services to assist victims of crime, to constitute a statutory victims advisory board as has been provided in the united states under the provisions of 'the victims right act, 1996'.to provide mental health advocacy services to the victims of crime.126. .....
Tag this Judgment!Court : Gujarat
Reported in : (1999)3GLR672
..... , scheme, projects, plans, or collect revenue or maintain law & order, or run the administration, or discharge the duties at whatever level in the administration in accordance with law & rules or regulations for the larger good, to do or omit to do a particular official act contrary to law or rules or regulation applicable, having adverse or shattering or detrimental or negative or paralytic effect/impact on aforesaid implementation, maintenance, collection, performance or administration as well as governance, leading to or likely to lead sooner or later to break-down of constitutional machinery ..... vested with wide powers to do complete justice, but the powers under art.226 can be exercised by the high court for making the loss good to the panchayat if there is no specific remediable provision in any law or act & rules applicable in force and the party sustaining injustice is left in the lurch or likely to be left in the lurch, and further sufficient materials requiring no further inquiry are there on record. ..... the high court can exercise writ jurisdiction only in cases where fundamental rights are violated, or enforcement of a legal right is necessary, or the authority has not acted in conformity with the principles of natural justice, or there is abridgement of procedure, or determination is on extraneous consideration, or the order is passed without jurisdiction or in bad faith, or a constitutional point is to be decided.8. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1961Guj130; (1961)GLR331
..... the state that in this case, the witness was not available as the dafer was a wandering camel-man and his whereabouts were not known and, therefore, on a parity with section 33 of the indian evidence act and applying the same reasoning and the spirit, the statement of such a witness can be admitted in evidence by the inquiry officer. ..... desai and sub-inspectors karanjgaonkar, pradhan, trivedi and pandya and some excise constables on the night of 17th january 1948; that an offence was detected and that the said two police patels and their associates were arrested including the muddamal liquor and brought the same night to ahmedabad; that a panchnama was pretended to ..... police officers holding departmental enquiries are not expected to act like trained lawyers who can either decide whether the evidence adduced is in strict conformity with the rules laid down by the evidence act, or to sift the evidence in a strictly legal manner as could be done by a judge trained ..... of natural justice must depend on the circumstances of the case, the nature of inquiry, the rules under which the tribunal is acting, the subject-matter that is being dealt with, and so forth. ..... rules arc satisfied, the inquiry is not open to attack on the ground that the procedure laid down in the evidence act for taking evidence was not strictly followed.'8. ..... west bengal, (s) air 1955 cal 183, at page 184, as follows :'in departmental proceedings, the strict laws of evidence according to the evidence act are not applicable. .....
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