Court : Gujarat
Decided on : Dec-01-2006
Reported in : (2007)2GLR1675
..... property at the conclusion of the trial. in the present case, it can be said that the application for valuable muddamal i.e. property, within the meaning of section 452 of the code of criminal procedure, 1973, was preferred before the lower court, but as the absconding accused persons were not arrested, the lower court decided the ..... /- and 'mangalsutra' by imposing stringent conditions as if the muddamal is being handed over to the applicant in exercise of powers vested with the court under section 451 read with section 452 of the code of criminal procedure, 1973. when there is no question of identity of the muddamal currency notes, as emerging from record during the course ..... valuable muddamal recovered during the course of investigation of crime registered with khanpur police station vide c.r. no. 1-12 of 1993 for the offences punishable under sections 395 and 397, etc. of the indian penal code. the backbone of the submissions of shri vakil is that the main accused who were tried by the .....
Tag this Judgment!Court : Gujarat
Decided on : May-01-2006
Reported in : 2007CriLJ384
..... station officer on telephone and the apex court has observed that the message given to surat police station was too cryptic to constitute fir within the meaning of section 154 of crpc. the supreme court applied the test of meaning of the call and intention of the caller. it was held that the telephone was meant ..... was closed which she pressed open and she found her daughter lying naked on the cot and accused was lying over her. so, she had witnessed the actual act and thereafter after a lapse of some hours, complaint came to be lodged. after evaluating evidence of witnesses examined by the prosecution, the high court acquitted the accused ..... girl, he recorded fir. after registering the offence, the police investigated the crime and it is the say of the prosecution that the person who committed the offending act described as a person wearing red bushirt, is the person accused. the accused was also sent for medical examination.3. on completion of investigation, the police chargesheeted the .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-03-2006
Reported in : (2007)3GLR2710
..... case. it may be pertinent to add and observe that the state government, while prescribing the minimum rates of wages in scheduled employment under the minimum wages act, 1948, usually provide for payment of full wages in case the hours of work exceed five hours per day. therefore, ideally, a part-time employee working ..... requirement for public employment is respected, there cannot be much difficulty in coming to the conclusion that it is ordinarily not proper for the courts whether acting under article 226 of the constitution or under article 32 of the constitution, to direct absorption in permanent employment of those who have been engaged without ..... is available and work is permanent in nature, then to terminate the service of such employee which amounts to unfair labour practice by the state authority, who has acted as a private employer. he relied upon the decision of apex court (i) mineral exploration corporation employees' union v. mineral exploration corporation ltd. and anr. : .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-07-2006
Reported in : (2007)1GLR735
..... required for the lower authority to examine the status of the petitioner as that of the tenant and ought to have decided the matter itself under section 32g of the act. he further submitted that as the lower authorities have not considered the aforesaid aspect of examining the status, this court in the present petitions may ..... land in question and, therefore, on 30th september, 1978 the mamlatdar passed the order, whereby the mamlatdar observed that until the claim is made under section 70(b) of the act for declaration of the status as tenant and until the said aspect is decided, no further order is required to be passed and, therefore, the ..... the prant officer directed, nor the opponents therein who are petitioners herein approached the mamlatdar for declaration of their status as tenant by making application under section 70(b) of the act. however, it appears that somewhere in the year 1974-75 on the basis of the revenue record, the mamlatdar and alt initiated suo mottu proceedings .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-09-2006
Reported in : (2007)1GLR902
..... 3 and decided to dismiss the respondent no. 3 from service, however, approached the district education officer, ahmedabad rural for its approval as required under section 36 of the act. though the district education officer concurred with the finding of the inquiry committee, however, taking a lenient view and by observing that one more chance be ..... considering the charges proved against the respondent no. 3, a decision was taken to dismiss the respondent no. 3. however, in view of provision of section 36 of the act, the same was sent to the district education officer, ahmedabad rural for its approval. on going through the order passed by the district education officer, ..... is likely to be removed/dismissed mala fide and/or with ulterior motive or not. once the charges are proved by inquiry committee constituted under section 36 of the act, normally the district education officer is required to accord approval and is not required to show undue sympathy and/or gone into legality and validity .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-06-2006
Reported in : 2007CriLJ1297; (2007)2GLR1684
..... was aware about the sword of uncertainty hanging on account of pendency of the criminal appeal preferred by him. on careful reading of the scheme of section 7 of the act, it is clear that once the legislation had thought to leave the quantum of punishment on the discretion of the court conducting trial, and, therefore, ..... supplies department and in the appeal with the department, the highest officer of the state authorities, who dealt with the appeal preferred against the scheme of section 6 of the act, had found that the stock of groundnut of 6,300 kg requires to be released and the said stock was released. of course, this very appellate ..... however, it was found that the accused had disposed off all 130 edible oil tins and thereby they have committed the offence punishable under section 7(1)(a) of essential commodities act (hereinafter referred to as 'the act') by committing breach of clause 23, 26(6) and 16 of the gujarat essential articles (licensing, control and stock declaration) order, .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-07-2006
Reported in : (2007)207CTR(Guj)227; [2007]289ITR172(Guj)
..... of the present case, the tribunal was absolutely justified in holding that the value of the property could be rightly added to the income of the assessee.section 69a of the act reads as under:69a. where in any financial year the assessee is found to be the owner of any money, bullion, jewellery or other valuable ..... counsel for the revenue submits that undisputedly, the high court had treated the question to be a question of law, because so far as the applicability of section 69a of the act is concerned, it would be a question of law. he however, submits that if the foundational facts are not available, and no perversity is shown in ..... not belong to the assessee but were property of its directors or relatives of the directors. it was submitted that in the given set of circumstances section 69a of the income tax act, 1961 would not be applicable because the assessee was submitting probable and plausible explanation. the assessing officer did not accept the contention put forward, rejected .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-06-2006
Reported in : (2006)3GLR2336
..... amount is due against the defendant as per the decree. on that ground, execution application is rejected. against the said order original decree holder has filed this revision application under section 115 of civil procedure code. 3. mr. pardiwala, learned advocate for the decree holder submitted that the executing court has not considered the provisions of order xxi, rule 2 of civil procedure code and ..... p.b. majmudar, j.1. by filing this civil revision application under section 115 of civil procedure code, the applicant has challenged the order passed by executing court in special darkhast no. 17/1990. by the impugned order, the executing court has dismissed the execution .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-13-2006
Reported in : AIR2006Guj116; (2006)2GLR1227
..... premises to defeat the right of the decree-holder. against the aforesaid order rejecting the application of the petitioner at exhibit 30, the petitioner has filed this revision application under section 115 of the civil procedure code.2. learned advocate, mr. shital patel for the petitioner submitted that before even the decree was passed, the petitioner was occupying the rented premises and, therefore ..... p.b. majmudar, j.1. by filing this revision application under section 115 of the code of civil procedure, the petitioner who is a third party in special darkhast no. 119 of 1989 has prayed for quashing and setting aside the order .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-15-2006
Reported in : 2006CriLJ2437
..... the power to take cognizance of an offence - or course, in certain special enactments special provisions are incorporated for restricting the power of taking cognizance of offences falling under such acts. but such provisions are protected by non obstante clauses. anyway that is a different matter.14. the jurisdictional aspect becomes relevant only when the question of enquiry of trial arises ..... 'ble the apex court in paragraph nos. 13 and 14 which read as under:13. the only restriction contained in section 190 is that the power to take cognizance is subject to the provisions of this chapter. there are 9 sections in chapter xiv most of which contain one or other restriction imposed on the power of first class magistrate in taking .....
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