Array ( [0] => ..... is a distinction between 'state' and the government. this distinction has been lost sight of by the learned district judge.5. government is defined in section 23 of the general clauses act, 1897 which reads as under: -'(23) 'government' or 'the government shall include both the central government and any state government ..... .'section 32 of the bombay civil courts, act, 1869 inter alia provides that no subordinate court other than the court of civil judge (s.d.) and no court of small causes shall ..... subject to the supervision and control of the government. 'panchayat', 'state government' and 'central government' are separate legal entities. the provisions enacted by bombay civil courts act, 1869 for filing suits against the state government and central government are not applicable to panchayats. in view of the aforesaid position, the decision rendered by the learned ..... [1] => ..... is inoperative, null and void as the cement was not declared as essential commodity. the learned special judge, considering the provision of sub-section (5) of section 3, essential commodities act, for the reasons recorded by him, turned down the prayer of the petitioners and directed to frame the charge against the petitioners. even ..... verified by the competent authority and the cement being not of the prescribed standard, complaint was filed for the offences punishable under section 7 read with section 3 of the essential commodities act, 1955 against the petitioners. when the case came up for framing the charges the petitioners raised only one contention that the ..... declared as essential commodity and, therefore, the said order is imoperative, null and void and the charge for the offence punishable under section 7, read with section 3 of the essential commodities act, 1955, should not be framed against them, have challenged the order by the special judge, court no. 5, ahmedabad, asserting ..... [2] => ..... accused was admittedly externed out of the area of kachchh district and all adjoining districts by the externment order dated 16th october, 1979, passed under section 56 of the police act by the learned sub-divisional magistrate, anjar for two years. the accused had also admittedly entered anjar town without and prior permission and was arrested on ..... , anjar, at the relevant point of time. he has stated that he has been empowered by the state government to pass the order of externment under section 56 of the police act by virtue of a notification dated 30th september, 1978 ex. 20, issued by home department (special) government of gujarat, gandinagar, for the ready reference ..... the f.b. decision (sabuddin's case) (supra), but this decision also in view of the fact that the word 'specially' stands deleted by section 11 of the amending act, ceases to have any applicability whatsoever. its indeed unfortunate that the desired care is not taken by all concerned. the learned p.p. with little more ..... [3] => ..... .9. for considering the first contention of the learned government pleader, it is necessary to refer to the provisions of section 20 of the arbitration act. sub-section (1) of section 20 of the arbitration act reads as under:20. (1) where any persons have entered into an arbitration agreement before the institution of any suit ..... referring the matter to the arbitrator the court does not become functus officio. the other provisions of the arbitration act are made applicable under sub-section (5) of section 20 of the arbitration act and therefore, under sections 41, 43 and 45 read with second schedule the court can pass appropriate orders. he relied upon the ..... considering this issue it would be necessary first to decide whether the entire civil procedure code is made applicable to the arbitration proceedings. under sub-section (2) of section 20 of the act, the application filed by the plaintiff for direction that the agreement be filed in the court and the dispute be referred to the ..... [4] => ..... price ration shop owners from whose possession or through whom the bogus ration cards have been surrendered. according to mr. gandhi, there is no power under sections 3, 4 or 5 of the essential commodities act, 1955 for the collector to enter into a package deal for the purpose of getting at the bogus ration cards. this argument proceeds on a wrong ..... , wants to invoke the jurisdiction of this court under article 226 of the constitution of india, just to save his skin and also to unnecessarily malign the collector, who has acted with responsibility and involvement in the public good.3. there is absolutely no merit in any of the contentions raised by the appellant herein and accordingly, this letters patent appeal ..... [5] => ..... a vakalatnama, which is not made out by record before us, it cannot be said that shri s. b. patel was aware of all the documents he has signed while acting as a general secretary of the union concerned. the decree of the city civil court is dated 9-2-1988. the letter referred by shri s. b. patel, from which ..... [6] => ..... and the transitory provision now enacted and which is being impugned in this special civil application. it is but fair that the government acts quickly in framing rules under section 59 of the act so that the democratically elected board function in its true spirit instead of making the term of nominated members extended for a further ..... one more year. all these years, the government has kept quiet without framing any rules for having the election, which they ought to have framed under section 59 of the act and as such, the democratic process is being scuttled by extending the time. such extension of time offends articles 14 and 19 of the constitution.4 ..... may be prescribed.(3) tie allowances and fees to the members shall be paid from development fund.there is a transitory provision made under gujarat act 17 of 1985 and section 10 of the said transitory provision reads as follows:10. the gujarat state agricultural marketing board functioning immediately before the date on which the assent ..... [7] => ..... liquor is concerned, that activity does not fall within the scope of expression bootlegging as defined under the provisions of pasa. the term 'bootlegger' occurring in section 2(b) of pasa takes within its sweep storing, manufacturing, transporting, importing, exporting, selling or distributing any liquor, intoxicating drug or other intoxicant in ..... of detention dated february 9, 1989 passed by the detaining authority (commissioner of police, ahmedabad city) under the provisions of section 3(2) of the gujarat prevention of anti-social activities act, 1985 (for short 'pasa').2. it is alleged in the grounds of detention supplied to the petitioner detenu that in ..... not take within its sweep consumption of any of these substances. therefore, eight cases registered against the petitioner under the provisions of section 85(1)(3) of the bombay prohibition act, 1949 on the allegation that the petitioner was found drunk in public place could not have been relied upon by the detaining authority ..... [8] => ..... the case of state of gujarat v. mehbubkhan, reported in air 1968 sc 1468 : (1969 cri lj 26) the supreme court held that the notice under section 59 of the act should inform the person in writing of the general nature of the material allegations against him and it need not contain particulars. the supreme court has also held ..... forth by mr. g.d. bhatt, learned assistant public prosecutor, there is no time bound programme as in detention laws for the purpose of externing under section 56 of the bombay police act. in para 3 of the additional affidavit-in-reply, shri h.r. gehlot, deputy commissioner of police has clearly explained the delay, which, in our opinion ..... order passed by the respondent no. 2. on 27-1-1987, the deputy police commissioner, surat city, who is the respondent no. 2, issued notice under section 56 of the bombay police act, alleging the following charges against the petitioner herein :'(1) on 19-7-1985, at 00.20 hours, there was exchange of stone-throwing between the hindus ..... [9] => ..... 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 applicant ..... 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 ..... ) Explosives Act 1884 Section 4 Definitions - Court Gujarat - Year 1989 - Page 2 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Court: gujarat Year: 1989 Page 2 of about 37 results (0.573 seconds)

Feb 08 1989 (HC)

Natvarlal Khodidas Parmar Vs. District Panchayat, Jamnagar

Court : Gujarat

Decided on : Feb-08-1989

Reported in : AIR1990Guj142; (1989)2GLR909

..... is a distinction between 'state' and the government. this distinction has been lost sight of by the learned district judge.5. government is defined in section 23 of the general clauses act, 1897 which reads as under: -'(23) 'government' or 'the government shall include both the central government and any state government ..... .'section 32 of the bombay civil courts, act, 1869 inter alia provides that no subordinate court other than the court of civil judge (s.d.) and no court of small causes shall ..... subject to the supervision and control of the government. 'panchayat', 'state government' and 'central government' are separate legal entities. the provisions enacted by bombay civil courts act, 1869 for filing suits against the state government and central government are not applicable to panchayats. in view of the aforesaid position, the decision rendered by the learned .....

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May 02 1989 (HC)

Pravinbhai Mangabhai Desai and anr. Vs. the State of Gujarat and anr.

Court : Gujarat

Decided on : May-02-1989

Reported in : 1990CriLJ518; (1989)2GLR443

..... is inoperative, null and void as the cement was not declared as essential commodity. the learned special judge, considering the provision of sub-section (5) of section 3, essential commodities act, for the reasons recorded by him, turned down the prayer of the petitioners and directed to frame the charge against the petitioners. even ..... verified by the competent authority and the cement being not of the prescribed standard, complaint was filed for the offences punishable under section 7 read with section 3 of the essential commodities act, 1955 against the petitioners. when the case came up for framing the charges the petitioners raised only one contention that the ..... declared as essential commodity and, therefore, the said order is imoperative, null and void and the charge for the offence punishable under section 7, read with section 3 of the essential commodities act, 1955, should not be framed against them, have challenged the order by the special judge, court no. 5, ahmedabad, asserting .....

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Oct 20 1989 (HC)

State of Gujarat Vs. Luhar Mithu @ Harun Ismail

Court : Gujarat

Decided on : Oct-20-1989

Reported in : (1990)1GLR377

..... accused was admittedly externed out of the area of kachchh district and all adjoining districts by the externment order dated 16th october, 1979, passed under section 56 of the police act by the learned sub-divisional magistrate, anjar for two years. the accused had also admittedly entered anjar town without and prior permission and was arrested on ..... , anjar, at the relevant point of time. he has stated that he has been empowered by the state government to pass the order of externment under section 56 of the police act by virtue of a notification dated 30th september, 1978 ex. 20, issued by home department (special) government of gujarat, gandinagar, for the ready reference ..... the f.b. decision (sabuddin's case) (supra), but this decision also in view of the fact that the word 'specially' stands deleted by section 11 of the amending act, ceases to have any applicability whatsoever. its indeed unfortunate that the desired care is not taken by all concerned. the learned p.p. with little more .....

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Dec 18 1989 (HC)

State of Gujarat and anr. Vs. Sheth Construction Co.

Court : Gujarat

Decided on : Dec-18-1989

Reported in : (1990)1GLR440

..... .9. for considering the first contention of the learned government pleader, it is necessary to refer to the provisions of section 20 of the arbitration act. sub-section (1) of section 20 of the arbitration act reads as under:20. (1) where any persons have entered into an arbitration agreement before the institution of any suit ..... referring the matter to the arbitrator the court does not become functus officio. the other provisions of the arbitration act are made applicable under sub-section (5) of section 20 of the arbitration act and therefore, under sections 41, 43 and 45 read with second schedule the court can pass appropriate orders. he relied upon the ..... considering this issue it would be necessary first to decide whether the entire civil procedure code is made applicable to the arbitration proceedings. under sub-section (2) of section 20 of the act, the application filed by the plaintiff for direction that the agreement be filed in the court and the dispute be referred to the .....

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Feb 14 1989 (HC)

Urvish Ratilal Gandhi Vs. State of Gujarat and anr.

Court : Gujarat

Decided on : Feb-14-1989

Reported in : 1990CriLJ1926; (1989)2GLR569

..... price ration shop owners from whose possession or through whom the bogus ration cards have been surrendered. according to mr. gandhi, there is no power under sections 3, 4 or 5 of the essential commodities act, 1955 for the collector to enter into a package deal for the purpose of getting at the bogus ration cards. this argument proceeds on a wrong ..... , wants to invoke the jurisdiction of this court under article 226 of the constitution of india, just to save his skin and also to unnecessarily malign the collector, who has acted with responsibility and involvement in the public good.3. there is absolutely no merit in any of the contentions raised by the appellant herein and accordingly, this letters patent appeal .....

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Mar 01 1989 (HC)

Ahmedabad Electricity Company Ltd. Vs. Electricity Mazdoor Sabha and a ...

Court : Gujarat

Decided on : Mar-01-1989

Reported in : AIR1990Guj80; (1989)2GLR823

..... a vakalatnama, which is not made out by record before us, it cannot be said that shri s. b. patel was aware of all the documents he has signed while acting as a general secretary of the union concerned. the decree of the city civil court is dated 9-2-1988. the letter referred by shri s. b. patel, from which .....

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Mar 17 1989 (HC)

Mehsana Agricultural Produce Market Committee Vs. State of Gujarat and ...

Court : Gujarat

Decided on : Mar-17-1989

Reported in : (1989)2GLR846

..... and the transitory provision now enacted and which is being impugned in this special civil application. it is but fair that the government acts quickly in framing rules under section 59 of the act so that the democratically elected board function in its true spirit instead of making the term of nominated members extended for a further ..... one more year. all these years, the government has kept quiet without framing any rules for having the election, which they ought to have framed under section 59 of the act and as such, the democratic process is being scuttled by extending the time. such extension of time offends articles 14 and 19 of the constitution.4 ..... may be prescribed.(3) tie allowances and fees to the members shall be paid from development fund.there is a transitory provision made under gujarat act 17 of 1985 and section 10 of the said transitory provision reads as follows:10. the gujarat state agricultural marketing board functioning immediately before the date on which the assent .....

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Jul 10 1989 (HC)

Kaluji Govindji Thakore Vs. Commissioner of Police and ors.

Court : Gujarat

Decided on : Jul-10-1989

Reported in : 1990CriLJ2403; (1989)2GLR617

..... liquor is concerned, that activity does not fall within the scope of expression bootlegging as defined under the provisions of pasa. the term 'bootlegger' occurring in section 2(b) of pasa takes within its sweep storing, manufacturing, transporting, importing, exporting, selling or distributing any liquor, intoxicating drug or other intoxicant in ..... of detention dated february 9, 1989 passed by the detaining authority (commissioner of police, ahmedabad city) under the provisions of section 3(2) of the gujarat prevention of anti-social activities act, 1985 (for short 'pasa').2. it is alleged in the grounds of detention supplied to the petitioner detenu that in ..... not take within its sweep consumption of any of these substances. therefore, eight cases registered against the petitioner under the provisions of section 85(1)(3) of the bombay prohibition act, 1949 on the allegation that the petitioner was found drunk in public place could not have been relied upon by the detaining authority .....

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Mar 16 1989 (HC)

Manubhai Sudhabhai Sodha Vs. the State of Gujarat and anr.

Court : Gujarat

Decided on : Mar-16-1989

Reported in : 1991CriLJ1548

..... the case of state of gujarat v. mehbubkhan, reported in air 1968 sc 1468 : (1969 cri lj 26) the supreme court held that the notice under section 59 of the act should inform the person in writing of the general nature of the material allegations against him and it need not contain particulars. the supreme court has also held ..... forth by mr. g.d. bhatt, learned assistant public prosecutor, there is no time bound programme as in detention laws for the purpose of externing under section 56 of the bombay police act. in para 3 of the additional affidavit-in-reply, shri h.r. gehlot, deputy commissioner of police has clearly explained the delay, which, in our opinion ..... order passed by the respondent no. 2. on 27-1-1987, the deputy police commissioner, surat city, who is the respondent no. 2, issued notice under section 56 of the bombay police act, alleging the following charges against the petitioner herein :'(1) on 19-7-1985, at 00.20 hours, there was exchange of stone-throwing between the hindus .....

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Dec 08 1989 (HC)

Kantilal Shiva Bhai Thakkur Vs. State of Gujarat

Court : Gujarat

Decided on : Dec-08-1989

Reported in : II(1990)ACC594

..... 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 applicant ..... 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 .....

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