Court : Gujarat
Decided on : Feb-08-2006
Reported in : (2006)2GLR1174
..... power is expected to be exercised only after giving a show cause notice to the person who is alleged to have contravened the provisions of sub-section (1) of section 123 of the act for making construction, alteration etc. without the requisite permission, for which a conviction has been obtained against him and after hearing him.7.1 ..... being in force or any order passed by the authority which has legal basis. i am unable to countenance the contention of the petitioner that under section 155 of the said act, chief officer had no power altogether to consider regularisation of the construction in question.12. reverting back to the facts of the present case as ..... require either alteration or demolition of the construction makes it amply clear that whenever construction is found to be offending any of the provisions contained in section 155 of the said act, demolition thereof is not the only choice that can be exercised by the chief officer. the demolition may be ordered in a given case .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-23-2006
Reported in : [2007]136CompCas523(Guj); [2007]75SCL527(Guj)
..... submitted that in the present case, assuming for the sake of argument that the petitioners are not served with notice under sub-section (2) of section 13 of the act before taking steps under sub-section (4) of section 13, the remedy lies in filing an appeal and not a petition before this court.the learned advocate for the respondent no ..... bank of baroda 'the secured creditor.'12. mr. p.g. desai, learned advocate appearing for respondent no. 1 bank invited the attention of the court to section 17 of the act. he submitted that even on merits, the respondent no. 1 has a fairly arguable case which in his assessment is a 'fool proof' case. he submitted ..... ground, than, on the second ground, the petition be allowed and reliefs as prayed for be granted.sub-section (1) of section 13 provides as under:notwithstanding anything contained in section 69 or section 69a of the transfer of property act, 1882 (4 of 1882), any security interest created in favour of any secured creditor may be enforced, without .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-13-2006
Reported in : (2006)2GLR1580
..... from 14th december 2005. in such cases, the aggrieved party will have the remedy of moving the special court constituted under section 153 of the act exercising powers under section 154(5) of the act, irrespective of the fact whether the distribution licensee has filed any criminal case against the consumer. in such cases, the jurisdiction ..... parties falling in this category cannot be prevented from moving civil court.conclusions21. to sum up then, our conclusions are as under:-(i) the electricity act, 2003 (except section 121) was brought into force by the central government on 10th june 2003, but in the state of gujarat, its provisions came to be applied ..... 2005 in the following terms :-gujarat electricity regulatory commissionno. gerc/tech-i/227/2005 14th december, 2005notificationin exercise of the powers conferred under section 181(2)(x) read with section 50 of the electricity act, 2003 (act 36 of 2003) and order no. s.o. 790(e) dt. 8th june, 2005 of the minister of power, government .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-21-2006
Reported in : 2007CriLJ320
..... above, it follows that it is sufficient if the accused is able to prove his case by the standard of preponderance of probabilities as envisaged by section 5 of the evidence act as a result of which he succeeds not because he proves his case to the hilt but because probability of the version given by him throws ..... is quoted in para 12, has held as under:it is true that after it is established that the accused accepted the amount, presumption under section 4(1) of the prevention of corruption act would arise. but for the purpose of coming to the conclusion as to whether the accused accepted the amount or not, the totality of ..... for abetting the commission of suicide, the prosecution must establish by cogent, convincing and overwhelming evidence that the accused intended the consequences of the act namely suicide and abetted the suicide within the meaning of section 107 of ipc. mere harassment or cruelty which drags the woman to commit suicide is not sufficient to constitute the offence under .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-18-2006
Reported in : (2007)1GLR834
..... possession of the contraband article charas and the prosecution has clearly established this fact. it is also required to be noted that under the provisions of section 54 of the ndps act, the accused has to rebut the presumption and prove that the contraband article charas was not found from his conscious possession. since the prosecution has been ..... paper book. besides this, all the witnesses who were members of the raiding party have deposed accordingly. therefore, it is clear that mandatory provisions of section 50 of the ndps act have been fully complied with.24. so far as the journey of the muddamal from the stage of interception of the accused, search of the person ..... his name, the accused informed that his name is saiyed salim saiyed hussain. the accused was given a written memo regarding compliance of the provisions of section 50 of the ndps act. he also informed the accused that as per the secret information he wants to search him and if the accused prefers that he should be searched .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-10-2006
Reported in : IV(2007)BC362; 2006CriLJ3854; (2006)3GLR2209
..... magistrate, surendranagar, on february 10, 1999 and prayed the court to convict the respondents nos. 3 and 4 for commission of offence punishable under section 138 of the act and section 420 of the indian penal code.4. on presentation of the complaint, the learned magistrate recorded evidence of the complainant on february 10, 1999 ..... the respondent no. 2, who is payee, has filed the complaint in writing for alleged commission of offence punishable under section 138 of the act by the accused named therein. section 143(1) of the act, inter alia, specifies that notwithstanding anything contained in the code of criminal procedure, 1973, all offences under this chapter shall ..... responsible to the respondent no. 4 company for the conduct of its business, he should also be proceeded against for the commission of offence punishable under section 138 of the act. in order to substantiate his averments, the respondent no. 2 annexed a copy of agreement dated august 12, 1999 executed between (1) mrs. .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-22-2006
Reported in : (2006)2GLR1190
..... , it will not be inappropriate to refer to the definition of the term, 'court', which is defined in sub-section (4) of section 2 of the act. sub-section (4) of section 2 reads as under:(4) court means in the greater bombay, the city civil court and elsewhere the district court.in view of the ..... before this court.the learned advocate invited the attention of the court to provisions of sections 50 and 51 of the bombay public trusts act, 1950 (hereinafter referred to as, 'the act'). section 50 of the act pertains to, 'suits relating to public trusts' whereas section 51 pertains to, 'consent of charity commissioner for institution of suit.' for the ..... consent may file an appeal to the bombay revenue tribunal constituted under the bombay revenue tribunal act, 1939, (bom. xii of 1939) in the manner provided by this act.(3) in every suit filed by persons having interest in any trust under section 50, the charity commissioner shall be a necessary party.(4) ...6. at this juncture .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-19-2006
Reported in : (2007)3GLR2638
..... 9. shri a.y. kogje, learned counsel for the state, on the other side submits that there cannot be any comparison of section 6 of the bombay act with section 29 of the gujarat act. he also submits that the plaintiff, if wanted to claim certain exemption under the notification, then he was obliged to observe the ..... notification and would not be permitted to challenge the validity of the notification after taking advantage under the notification. 10. true it is that section 29 of the gujarat entertainments act, 1977 provides that the state government may, by notification in the official gazette, exempt either wholly or partly any entertainment or class of ..... court.6. at the time of admission, the following substantial question of law has been framed:can the term sspecial order occurring in section 6[3] of the bombay etnertainments duty act, 1923 be construed as empowering the state government to impose conditions while granting exemption from liability to entertainments duty? 7. learned counsel .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-18-2006
Reported in : AIR2007Guj123
..... not defined. however, if the meaning of the words 'irrigated land' is to be traced, the reference can be made to the gujarat agricultural lands ceiling act, 1960, wherein as per section 2(6) while distinguishing the classes of lands, there are also classes of perennially irrigated land and seasonally irrigated land. the words 'perennially irrigated land refers ..... officer, the same may not be upset by this court under article 227 of the constitution of india.6. as per the provisions of the act, the words 'small farmer' are defined under section 2(p) and the explanation (1) of the said definition reads as under:explanation 1.- where a person holds irrigated land, whether exclusively ..... income or not. as per the provisions of the act, if the definition of the word 'debt' is considered, as provided under section 2(d) of the act read with the definition of 'marginal farmer' or 'small farmer' as provided under section 2(a) and 2(p) of the act, whether the concerned farmer/s was/were earning his/ .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-09-2006
Reported in : (2007)1GLR876
..... civil judges then conferral of such power cannot be challenged in these collateral proceedings. the appellant was not well-advised to challenge the gujarat civil courts act, 2005.12. sub-section (2) of section 24 of act no. 21 of 2005 clearly provides that every order made by civil judge shall be subject to an appeal to the high court if the ..... gazette on 23/3/2005 and has been made effective and brought in force on and from 9/5/2005. according to him, in view of the said act especially section 24, an appeal against order passed by the learned civil judge would lie to the district judge only and as the present appeal was filed by the appellants on ..... that once the jurisdiction is vested either in the district judge or his delegatee or a civil judge, then an appeal would lie to the high court under section 299 of the act. his submission is that as the appeal preferred by the respondent no. 1 original applicant was not maintainable before the appellate court, the judgment and decree deserve .....
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