Court : Gujarat
Decided on : Dec-28-2006
Reported in : 2007CriLJ1584; (2007)2GLR1165
..... (d), 25(1)(aa), 25(1)(b)(c)(f) of arms act, sections 4(b), 5 and 6 of the explosive substances act, 1908, section 3 of criminal law amendment act, sections 3 and 6 of indian passport rules (entry into india), section 13(2) of foreigners act amended section 14 and section 6(1-a) of indian wireless and telegraphic act.2. the accused nos. 1, 3, 4 and 5 were ..... )(b)(c)(f) of arms act, sections 4(b), 5 and 6 of explosive substances act, 1908, section 3 of criminal law amendment act, sections 3 and 6 of indian passport rules (entry into india), section 13(2) of foreigners act amended section 14 and section 6(1-a) of indian wireless and telegraphic act. however, they were acquitted for the offence under section 489(a) read with section 34 of the indian penal .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-02-2006
Reported in : (2006)2GLR1615
..... it shall have to be referred to the registrar by an aggrieved party and registrar is having jurisdiction to decide disputes under section 96 of the societies act, 1961. section 96 of the act is reproduced as under:section 96. disputes.(1) notwithstanding anything contained in any other law for the time being in force, any dispute touching the ..... applicable to the particular facts proved, or assumed to be proved, since the generality of the expressions which may be found there is not intended to be explosion of the whole law, but governed and qualified by the particular facts of the case in which such expressions are to be found. it would, therefore ..... having any control over the society. these parameters, disputes between employees and society relating to service condition is clearly out side the scope of section 96 of the act, therefore, section 160 is required to be kept in mind while considering the question of jurisdiction, power and authority of registrar to decide legality and validity .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-20-2006
Reported in : (2006)2GLR1432
ORDER IN SCA Nos. 8117 of 2005 & 8118 of 2005.33. Though all the three matters are heard together, as far as main judgment is concerned, I have considered the facts of Special Civil Application No. 8116 of 2005 and I have given detailed reasons and disposed of the said matter. The other two matters i.e. Special Civil Application Nos. 8117 & 8118 of 2005 are also identical and raising same challenge. In view of the reasonings and conclusion in the main judgment, these two petitions i.e. Special Civil Application No. 8117 of 2005 and 8118 of 2005 are also disposed of accordingly. Rule is discharged to the aforesaid extent in both the petition with no order as to costs....
Tag this Judgment!Court : Gujarat
Decided on : Oct-10-2006
Reported in : (2007)1GLR213
..... entry of specified goods into local areas rules, 2001.1 to 4...5. reduction in tax liability.the amount of tax shall be reduced under sub-sections (1) and (2) of section 4 of the act, subject to the following conditions, namely:(i) the importer shall produce before the assessing authority,__(a) the purchase invoice, along with a copy thereof ..... imported and payment of sales-tax/tax thereon, and as stated hereinabove, on payment of entry tax fixed as aforesaid and considering the reduction as mentioned in section 4 of the act, an importer would be at par with a local dealer. in view of the clear position obtained in the case, the contention on behalf of the petitioner ..... was levied on vehicles manufactured in the state is concerned, it is required to be noted that in the said provisions there was no such provision like section 4 of the gujarat act and therefore the karnataka high court held the said provision and levy was ultra vires the article 301 and 304(a) of the constitution. in fact, .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-01-2006
Reported in : (2007)2GLR1306
..... commencement of such occupation. 14. it is required to be noted that if the acquiring body has retained the possession after the stipulated period under section 35 of the act, the acquiring body and the landowners can mutually agree the quantum of compensation/rent by mutual understanding. such fixation of rent is clearly dehorse ..... for fixing the amount of rent or compensation for a period exceeding three years from the commencement of such occupation. in a reference under section 35(3) of the act, the court can only determine compensation/amount in connection with the period of three years from the date of taking possession. considering the aforesaid ..... 97 and after receiving certified copy of the award, reference application is preferred in time. the special land acquisition officer thereafter referred the matter under section 35(3) of the act. the said land acquisition references were accordingly decided by the reference court being reference no. 3134/03 to no. 3139/03. the 4th joint .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-01-2006
Reported in : (2006)2GLR1385
..... jethabhai and natubhai jethabhai. it was further stated that the owners had sold the land to the appellant on 12th february, 1981. nevertheless, in view of section 43 of the tenancy act, no mutation was made in favour of the appellant. it shall not be out of place to mention here that no sale deed was ever executed ..... the acquired lands to rs. 70 per sq.mtr. as on 21st february, 1980. the learned asst. judge has though awarded solatium as envisaged by section 23(2) of the act, she did not award interest over the amount of solatium. the appellant has also been awarded statutory increase of 12% and the statutory interest at the ..... , the solatium and the interest.5. feeling aggrieved by the market value determined by the land acquisition officer, the appellant applied for a reference as envisaged by section 18 of the act. accordingly, the aforesaid land acquisition reference was made to the district court, kheda. the land acquisition reference was heard and decided by the learned asst. judge. .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-23-2006
Reported in : (2007)1GLR99
..... of probability. if this fact exists, the court is entitled to presume that certain facts did exist. not only under section 4(1) of the prevention of corruption act, 1947, but even under section 114 of the evidence act, court is entitled to presume existence of certain facts. those facts might have been inferred from proven facts when this ..... defence would not be called to prove innocence of accused but if the case is proved beyond reasonable doubt, the presumption as envisaged by section 4(1) of the prevention of corruption act, 1947 arises as in this case the acceptance of money is amply proved by the prosecution evidence and the circumstances in the present case. ..... charge came to be framed by the special judge, godhra, against the appellant for the offences punishable under section 5(1)(d) to read with section 5 (2) of the prevention of corruption act, 1947 as well as under section 161 of the indian penal code. the appellant pleaded not guilty to the charge.4. the prosecution examined as .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-10-2006
Reported in : AIR2007Guj72
..... no. 12508 of 2000, interest on the amount deposited in a ppf account was denied on the ground that the deposit was irregular and was in violation of section 4 of ppf act, 1968.the division bench dealing with this aspect observed in para 8 of its judgement and order dated 17.08.2004 in lpa no. 1509 of 2004 as ..... the judgement of the learned single judge in sca no. 2877 of 2003 is reported in 2004 (3) glh 561. whereas the division bench judgement is reported in 'unreported judgement' section of the glh, that is 2006 (1) glh (uj) 1.12. learned advocate mr. shah for the petitioner submitted that the learned single judge while deciding some other matter ..... the petitioner bank.2. it is stated in para 1 of the memo of petition that,the petitioner herein is a registered cooperative society registered under the gujarat cooperative societies act, 1961 and its registration number is s-12446 dated 20.05.1974. the members of the petitioner-bank are female and they belong to downtrodden class of society. .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-10-2006
Reported in : (2007)2GLR1764
..... same, suffice it to state that the said regulation cannot be read so as to laying down a position contrary to the statutory law.17. under the indian majority act, 1875, section 3 provides for age of majority of persons domiciled in india. the provision stipulates that every minor of whose person or property, a guardian has been appointed or declared ..... of his property or of both his person and property;(3) 'ward' means a minor for whose person or property or both there is a guardian;19. section 19 of the guardians act lays down the circumstances in which the authority of the court to appoint or declare as guardian of a minor is circumscribed. the said provisions reads as under ..... mother, and after her, the father;(c) in the case of a married girl-the husband:provided that no person shall be entitled to act as the natural guardian of a minor under the provisions of this section -(a) if he has ceased to be hindu, or(b) if he has completely and finally renounced the world by becoming a hermit .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-11-2006
Reported in : 2007ACJ1705; (2007)1GLR784
..... fatal injuries. in view of the same, liability of respondent no. 2 would certainly arise under the workmen's compensation act. if that be so, provisions of section 110 [aa] of the old act [ section 167 of the act of 1984] would entitle the appellants to choose the forum and they could have as well approached the authority created under ..... of the deceased, it could have entertained the claim petition keeping in view the provision of section 110 [aa] of the motor vehicles act, 1939, which is corresponding to section 167 of the motor vehicles act, 1984 and could have awarded compensation under workmen's compensation act, 1923.3.1. as against that, mr vp nanavati, learned advocate appearing for respondent ..... safely be awarded to the appellants. the tribunal has totally lost sight of this fact and also the provisions of section 110 [aa] of the old act. the interest awardable is 6% p.a. in view of the aforesaid, this appeal is allowed. respondents no. 2 and 3 are directed jointly and severally .....
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