Court : Gujarat
Reported in : 1969CriLJ557; (1969)GLR537; (1968)IILLJ55Guj
..... as under : 'in any case of alleged offence by the commissioner, a magistrate, police officer or other person, or of a wrong alleged to have been done by such commissioner, magistrate, police officer or other person, by any act done under colour or in excess of any such duty or authority as aforesaid or wherein, it shall appear to the court that the offence or wrong if committed or done was of the character aforesaid, the prosecution or suit ..... very material for our purposes, runs as under : 'save as provided in sub-section (1) or (2), the provisions of the code of criminal procedure, 1898, shall, so far as they are not inconsistent with this act, apply to the proceedings before a special judge; and for the purposes of the said provisions, the court of the special judge shall be deemed to be a court of session trying cases without a jury or ..... 'the restoration of the jurisdiction of special magistrates by the decision of this board is irrelevant, since by that time the ordinance of 1943 had been repealed by the ordinance of 1948, and, apart from this, clause 26 of the former ordinance took away all powers of revisions by the high court and no court can claim inherent jurisdiction to exercise ..... had to deal with, the offence that was being investigated by the accused police officer, was an offence punishable under the bombay police act, while in this instant case, the offences that were being investigated by the present opponent were the offences punishable under the indian penal code .....
Tag this Judgment!Court : Gujarat
Reported in : (1971)12GLR473
..... the discharge of the duty, as this question will arise only at a later stage when the trial proceeds, on the merits.what we must find out is whether the act and the official duty are so interrelated that one can postulate reasonably that it was done by the accused in the performance of the official duty, though possibly in excess ..... is not therefore every offence committed by a public servant that requires sanction for prosecution under section 197(1) of the criminal procedure code; nor even every act done by him while he is actually engaged in the performance of his official duties; but if the act complained of is directly concerned with his official duties so that, if questioned, it could be claimed to have been done by virtue of the office, ..... held that where a public servant commits the offence of cheating or abets another so to cheat, the offence committed by him is not one committed while he is acting or purporting to act in the discharge of his official duty, as such offences have no necessary connection between them and the performance of the duties of a public servant, the official ..... not every offence committed by a public servant that requires sanction for prosecution under section 197(1) of the criminal procedure code, nor even every act done by him while he is actually engaged in the performance of his official duties, but if the act complained of is directly concerned with his official duties so that, if questioned it could be claimed to have been done by virtue of office .....
Tag this Judgment!Court : Gujarat
Reported in : (1965)6GLR958
..... carry out what he was required to carry out under section 155 of the criminal procedure code and did not do anything which was expected of him under section 64(b) of the bombay police act but instead he decided not to do anything further in the matter and to destroy the very evidence on the basis of which he was required to take further action under section 155 of ..... dave as a police officer in charge of the police station had two duties to perform-one under section 155 criminal procedure code and the other under section 64(b) of the bombay police act 1951 information relating to this offence which was not a cognizable offence was received by dave as an officer in charge of the police station and it was his duty under section 155 ..... fact still remains that he prepared this under cover of his duty to prepare a correct panchnama and a correct report and there is no escape from the conclusion that the acts by which the office under section 218 of the indian penal code was alleged to have been committed by the appellant were done by him under colour of a duty laid down ..... as under:in any case of alleged offences by the commissioner a magistrate police officer or other person or of a wrong alleged to have been done by such commissioner magistrate police officer or other person by any act done under colour or in excess of any duty or authority as aforesaid, or wherein it shall appear to the court that the offence or wrong if committed or done was of the character aforesaid the prosecution .....
Tag this Judgment!Court : Gujarat
Reported in : (1979)2GLR140
..... effect the principle laid down in article 20 of the constitution which provides as follows:no person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty grater than that which might have been inflicted under the law in force at the time of the commission of the offence.clause (1) of article 20, therefore, ..... operation of this section, no contravention of, or failure to comply with any provisions of the essential commodities act, 1955 (10 of 1955) as amended by this act, shall redner any person guilty of any offence punishable under the essential commodities act, 1955, if such contravention or failure had occurred before the commencement of this act.in our opinion, all that the proviso lays down is that those who failed to comply with the provisions ..... retrospective operation of this section, no contravention of, or failure to comply with any provisions of the essential commodities act, 1955 (10 of 1955), as amended by this act, shall render any person guilty of any offence punishable under the essential commodities act, 1955, if such contravention or failure had occurred before the commencement of this act.the expression 'every act done before such commencement under or in relation to such order, shall be as valid and effective as if ..... clauses 22 and 30 of cotton textile (control) order, 1948 issued under essential supplies (temporary powers) act, 1946 were challenged. .....
Tag this Judgment!Court : Gujarat
Reported in : (1976)17GLR753
..... in this view of the matter it is clear to us that the learned trial judge patently erred in placing reliance on section 253 of the act for deciding the issue of limitation; and consequently in rejecting the substantial part of the appellant-plaintiff's claim.12. ..... in the case before us, the respondent-municipality collected the tax in question at the rate of four annas per bengali maund and that act of the municipality was not done under a vestige or semblance of authority or with some show of a right. ..... , it is difficult for us to comprehend, how in the instant case, the provisions of section 253 of the act can at all be attracted to decide the question as to the limitation as raised by the learned trial judge. ..... the learned trial judge took into consideration section 253 of the gujarat municipalities act, 1963 and came to the conclusion that a substantial part of claim was time barred and the plaintiff was only entitled to recover ..... as stated above, the learned trial judge placed reliance on section 253 of the act for the purpose of deciding the issue regarding limitation as stated above. ..... in the instant case, we do not think it necessary to refer to the provisions of the act in detail, as, in course of the proceedings, the respondent-municipality had filed a pursis ex ..... the learned trial judge grievously erred in placing reliance on section 253 of the gujarat municipalities act, 1963 (hereinafter referred to as 'the act) for deciding the question of limitation in the instant' case.9. .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)2GLR1117
..... it would be a proper interpretation of these words to hold that in a case where the standard rent of building had been fixed under section 7 of the madhya pradesh accommodation control act and there is nothing to show that there was any fraud or collusion, that would be the reasonable letting value, but where that was not so and the building had never been let ..... or nature of each as will, in his opinion be sufficient for identification;(b) the rateable value of each such [building or land or as the case may be, premises] determined in accordance with the provisions of this act and the rules;(c) the name of the person primarily liable for the payment of the property taxes, if any, leviable on each such building or land [or as the case may be, premises];(d) if any such building ..... the standard rent has not been fixed by the controller, the landlord cannot reasonably expect to receive from a hypothetical tenant anything more than the standard rent determinable under the act and this would be so equally whether the building has been let out to a tenant who has lost his right to apply for fixation of the standard rent or the building ..... rent which may have bearing on determination of grv of the property in question such as the meaning of the standard rent as envisaged under the provisions of the bombay rent act, contractual rent to be treated as standard rent in certain cases, the method of comparison of two premises for fixing the standard rent and how far that can be useful for that purpose, .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1965Guj293
..... the argument on this point was that at the date when the suit was filed the municipality had been superseded under section 179 (1) of the bombay district municipal act, 1901, and the effect of supersession was that there was no municipality in existence against which the suit could be filed and the suit could, if at all, be filed ..... ), for the areas for which they were originally constituted and all committees, officers and authorities constituted or appointed under the baroda municipalities act shall be deemed to have been constituted or appointed under the corresponding provisions of the bombay district municipal act, 1901 (bom iii of 1901) and shall continue in office, exercise powers and perform functions for the period for which they ..... state government under s.74-a was only in respect of exemption in respect of tax granted to any person by the government of baroda by an order issued under a class municipalities act 12 of 1949, whereas the municipality in the present case was a municipality governed by b class municipalities act, 14 of 1949, and the tharav granting exemption to the company from octroi duty payable to the municipality could not be said to be a tharav issued under a class ..... suggested on behalf of the municipality in support of the contention that the tharav had no binding effect ab-initio was that the b class municipalities act did not make any provision for granting exemptions from payment of octroi duty and that the baroda state had, therefore, no power to make .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1974Guj174
..... under the east punjab refugees (registration of land claims) act, 1948 (east punjab act, xii of 1948) or under the patiala refugees (registration of land) (claims) ordinance 2004 (order 10 of 2004 bk) and verified by any authority appointed for the purpose b y the government of punjab, the government of patiala and east punjab states union, as ..... municipal committee, jalalabad, air 1969 sc 1126 the supreme court after having considered the provisions of the said act has observed that elaborate rules have been framed under the said act for the purpose of paying compensation placed persons out of the compensation pool and that one of the ways of paying compensation is transfer of property. ..... we are unable to accept the principle laid down in the aforesaid decision of the division bench of the high court of punjab because it does not examine the scheme of the act and the rules nor does it examine the context in which the expression 'shall' has been used in rule 26. ..... incometax officer, bareilly, air 1971 sc 33 it has been laid down that if a statute invests a public officer with authority to do ,an act in a specified set of circumstances, it is imperative upon him to exercise his authority in a manner appropriate to the case when a party interested and having a right to apply moves in that be half and circumstances for exercise of authority are shown to ..... and berar revocation of land revenue exemption act, 1948. .....
Tag this Judgment!Court : Gujarat
Reported in : (1977)18GLR177
..... who is not removable from his office save by or with the sanction of a state government or the central 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, no court shall take cognizance of such offence except with the previous sanction-(a) in the case of a person employed in connection with the affairs of ..... milk, need not be taken into consideration for the purpose of deciding the question whether any sanction under section 197 of the code is necessary in these cases.5. according to section 7 of the act,no person shall himself, or by any person on his behalf manufacture for sale, or store, sell or distribute-(i) any adulterated food;(ii) any misbranded food;(iii) any article of food for the ..... vyas, learned advocate for the petiti oner that the petitioner was merely the manager of the milk producers' union and that whatever act is alleged to have been done by him was done while acting or purporting to act in the discharge of his official duty and hence, in the absence of any sanction under section 197 of the code, the court ..... it is his duty to maintain a record or a register, and in maintaining that register he makes some entries which are false to his knowledge, he is certainly purporting to act, though not actually acting in the execution of his duty, because he is making certain entries in the register, kind-wing them to be false.the above observations clearly show that, in view of .....
Tag this Judgment!Court : Gujarat
Reported in : (1973)14GLR826
..... the annual rent for which any building of land or premises, exclusive of furniture or machinery contained or situate therein or thereon, might, if the bombay rents, hotel and lodging house rates control act, 1947 were not in force, reasonably be expected to let from year to year with reference to its use;(ii) in relation to any other period, the annual rent for which any building ..... annual rent for which any building or land or premises, exclusive of furniture or machinery contained or situate therein or thereon, might, if the bombay rents, hotel and lodging house rates control act, 1947 were not in force, reasonably be expected to let from year to year with reference to its use, and shall include all payments made or agreed to be made to the owner ..... section 2(54):(54) 'rateable value' means the annual letting value of any building or land whether fixed with reference to any given premises or otherwise in accordance with the provisions of this act and the rules for the purpose of assessment to property taxes and 'annual letting value' means the annual rent for which any building or land, exclusive of furniture or machinery contained ..... but prescribing a special rate of nine per cent for 'hotels, clubs, stables, theatres or cinemas or other large premises including mills and factories registered under the factories act where fifty or more workmen are employed in manufacture in all the shifts' and the validity of this resolution was also challenged in these writ petitions along with the .....
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