Court : Gujarat
Decided on : Apr-04-1989
Reported in : (1989)2GLR891
..... freely because of the heavy traffic. even though the members of the petitioners-association started to function in the cabin some years back, due to the population explosion, the town has become crowded and the cabins which are now on the road, create traffic hazards. it is also the say of the municipality that the ..... further contended that, if it is held that there is no need to give notice before invoking the provisions of section 185 of the muncipalities act, the same has to be struck down as violative of articles 14 and 21 of the constitution. with these averments, the petitioners have corns forward ..... business after having established their cabins for over a number of years. according to the petitioners, the nagar palika, without following the procedure under section 185 of the gujarat municipalities act and against the principles of natural justice, have come forward with the present notice which is being impugned in this special civil application. it is .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-18-1989
Reported in : 1991CriLJ1085; (1990)1GLR473
..... whose local jurisdiction it was committed or, as the case may be, by the designated court constituted for trying such offence under sub-sec. (1) of section 9. under the provisions of section 14 of tada act a designated court may take cognizance of any offence, without the accused being committed to it for trial, upon receiving a complaint of ..... that such a drastic measure should not be resorted to unless the government law enforcing agency fails, there is no allegation disclosing the alleged commission of offence under section 3 of the tada act.20. it may be mentioned that on the point of interpretation of the word 'use' mr. panchal, learned addl. p.p. has relied on the ..... to the petition as annexure-a, it is clear that not even a single averment is made in the fir with regard to intention, as mentioned in section 3 of the tada act. however, it is submitted by mr. panchal, learned addl. p.p. that the supreme court has observed that while considering application for bail designated court .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-27-1989
Reported in : AIR1990Guj105; [1992]73CompCas209(Guj); (1985)1GLR57; (1990)1GLR628; (1990)1GLR628
..... of arbitrary exercise. the guidelines for the exercise of this power are thus found in the object and purpose of the act and in the various provisions including section 24 of the act. section 29 is thus not arbitrary nor is it violative of article 14 of the constitution. srinivasa kandasari sugars v. government of ..... , other financial institutions and other parties. this distribution has to be done by the state government with the approval of the central government under section 4 of the act and the shares are not transferable except to the state government, reserve bank, development bank or other financial institutions recognised in this behalf by ..... the loan and instalments thereof and in meeting their obligations to the respondent corporation. the respondent-corporation had, therefore, resorted to section 29(1) of the state financial corporation act, 1951 (act no. 63 of 1951), whereunder the state financial corporation has been conferred a right to take over the management or possession .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-26-1989
Reported in : (1990)2GLR1103
..... district judge' in art. 236(a) of the constitution. the bombay high court judgment referred to above has adopted the definition in the general clauses act and interpreted section 236, which, in our opinion, is not correct on the plain reading of the articles pertaining to subordinate courts which occur in chapter vi of ..... question of law as to the interpretation of the constitution arising before the tribunal. in our view, the subordination for the purpose of section 3 of the contempt of courts act means judicial subordination under the hierarchy of courts under the civil procedure code or the criminal procedure code.' the supreme court has further observed : 'it may ..... clause (b) defines 'judicial service' to mean district judge and other civil judicial posts inferior to the post of district judge. under section 3(17) of the general clauses act 'district judge' has been defined to mean 'judge of a principal civil court of original jurisdiction'. according to the appellants labour courts and .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-07-1989
Reported in : 1990(27)ECC192; 1991(51)ELT251(Guj); (1990)1GLR244
..... he was doing was assembling three different components and therefore, there was no manufacture. repelling the contention, the supreme court has observed as follows :- 'section 2(f) of the act provides an inclusive definition and states that the word 'manufacture' includes any process incidental or ancillary to the completion of a manufactured product. so any ..... involved in the process bringing about the end product i.e. bituminised water-proof paper. 12. the definition of the phrase 'manufacture' occurring in section 2(f) of 'the act' has come up for consideration before the supreme court on several occasions. in the case of empire industries ltd. v. union of india and others ..... of some new and different article having a distinctive name, character or use thereof which would be covered by the definition of 'manufacture' under section 2(f) of 'the act'. 11. as against the aforesaid decisions, the learned counsel for the respondents has relied upon a decision of andhra pradesh high court in the .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-08-1989
Reported in : 1990CriLJ2500; (1990)2GLR785
..... learned advocate for the petitioner. it is true that any confessional statement made by the accused before the police is not admissible in evidence under section 25 of the evidence act and, therefore, the confessional part of the statement should not have been considered as an admissible evidence. however, the fact remains that the ..... aside. that judgment is subsequently followed by this court in criminal revision application no. 340 of 1976, decided on july 1, 1977. section 71, i.p. code specifically provides that when several acts of which one or more than one would by itself or themselves constitute an offence, constitute, when combined, a different offence, the ..... p.s.i. gadhavi should not have been considered as evidence as it is hit by the provisions of section 25 of the evidence act. shri raju also submitted that the further statement recorded under section 313 of the criminal procedure code, in which the applicant admitted to have been driving the truck, should also not have .....
Tag this Judgment!Court : Gujarat
Decided on : May-02-1989
Reported in : 1991(32)ECC15; 1991LC40(Gujarat); 1990(50)ELT210(Guj); (1989)2GLR1120
..... , chapter iv deals with manufacture, sale and distribution of drugs and cosmetics and lays down the standards and qualities of drugs and cosmetics covered by the said act. section 18 provides that from such date as may be fixed by the state government by notification in the official gazette in this behalf, no person shall himself or ..... in respect of the goods manufactured on behalf of the said manufacturer and, in order to enable the determination of value of the said goods under section 4 of the said act, to furnish information relating to the price at which the said manufacturer is selling the said goods and the person so authorised agrees to discharge all ..... 175/86-c.e., dated 1-3-1986 to the concerned petitioners. they have also brought in challenge the show cause notices issued to them under section 11a of the act and have further challenged consequential orders confirming the demands contained in the impugned show cause notice. the petitioners have also challenged the vires of paras 2 .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-24-1989
Reported in : AIR1990Guj34; (1989)2GLR812
..... addressed to him at his last known residence, address or place of business and registered under ss. 28 and 29 of the indian post office act, 1898 shall be substituted.'5. reading the above said sections, an interesting question that arises is as to whether a person, who will be ultimately interested in getting the compensation, is also an interested person ..... to purchase the property and whose contract is frustrated cannot claim any share in the solarium payable under sub-section (2) of s. 23. his interest is a limited interest as indicated by s. 55(6)(b) of the top. act to the extent of a definite amount as what is acquired is the land and not the interest of ..... this connection we can usefully refer to s. 5a of the land acquisition act which reads as follows:'5-a. hearing of objections:---- (1) any person interested in any land which has been notified under s. 4, sub-section (1), as being needed or likely to be needed for a public purpose or for a company may, within thirty days .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-05-1989
Reported in : (1990)1GLR384
..... hours of work, nature of duty and other information as may be prescribed.' 5. the learned advocate general, after referring to the aforesaid sections, urged that section 2(a) of the act was amended by act no. 14 of 1986 which came into force on january 28, 1986 wherein the definition of 'appropriate government' is given and it ..... may 21, 1987. not only that, but the contractors who were given the contract by the food corporation were also not holding valid licences provided under section 12 of the act from the competent authority appointed by the central government. thus, every worker who worked for the principal on such date to whom the provisions of the ..... though contract labour except under and in accordance with a licence issued in that behalf by the licensing officer. (2) subject to the provisions of this act, a licence under sub-sec (1) may contain such conditions including, in particular, conditions as to hours of work, fixation of wages and other essentials amenities in respect of .....
Tag this Judgment!Court : Gujarat
Decided on : May-01-1989
Reported in : AIR1990Guj186; (1989)2GLR493
..... motion does not spell out a ground other than stating that the members signing the notice of motion have lost confidence that is sufficient for the purpose of section 36 of the act. we, therefore, do not see any merit in the first submission made before us.' -the observations of the learned single judge, which are approved by ..... , the provisions being in pari materia, the same view has to be taken while interpreting the word, 'ground' as contained in the prescribed form. section 36 of the gujarat municipalities act reads as under:'36. (1) any councillor of a municipality who intends to move a motion of no-confidence against its president or vice president may ..... not in accordance with law. it is the petitioners case that the said order passed by one third respondent is illegal being contrary to the provisions of section 60 of the gujarat panchayats act, 1961 read with rule 17 of the gujarat taluka & district panchayats (procedure) rules, 17963. it is also his case that respondent no. i ought .....
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