Court : Gujarat
Decided on : Jun-14-1989
Reported in : 1990CriLJ1700; (1990)1GLR129
..... both the provisions cannot stand together.10. the aforesaid conclusion may be examined from the point of view of the provisions of section 14 of the act. section 14 of the act provides for revocation of detention order. after the order of detention is passed and after the person is detained if the appropriate ..... thereby pursue his unlawful activities if so inclined.'the aforesaid observations are required to be kept in mind by the authority exercising powers under section 15 of the act while directing that the detenu be released temporarily. as observed by the supreme court such temporary release even with stringent conditions is likely ..... counsel for the respondents has stated that the petitioner was frequently released temporarily (for a total period of 104 days) under the provisions of section 15 of the act. the details of the application and the period for which he has been released from time to time are as follows:-------------------------------------------------------------------s. no. .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-11-1989
Reported in : (1989)2GLR645; (1991)IIILLJ469Guj
..... before passing the impugned order of dismissal from service against the petitioner. 4. in exercise of the powers conferred by section 19 of the banking companies (acquisition and transfer of undertakings) act, 1970 the board of directors of union bank of india in consultation with the reserve bank and with the previous sanction ..... and appeal) regulations, 1976, ('regulations' for short). regulation 4 of the regulations enumerates penalties, which may be imposed on an officer employee of the bank for acts of misconduct or for any other good and sufficient reasons. penalties enumerated are divided into two parts : (1) minor penalties and (2) major penalties. dismissal ..... who received objections of the parties and heard them personally or through their representatives was the secretary of the transport department. under the motor vehicles act and the rules framed thereunder, duty was cast on the state government to give personal hearing. the procedure prescribed by the rules imposed a duty .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-11-1989
Reported in : 1990ACJ712; AIR1990Guj134; (1990)1GLR664
..... insurer is, therefore, to cover liability in respect of death of a person entering or mounting the bus. the provisions of sub-section (2) are subject to the provisions of sub-section (1) of section 95 of the act. the liability of the insurer in a case where a person dies while entering or mounting the bus will be governed by the ..... learned single judge of rajasthan high court agreed with the principles laid down by the calcutta high court and thereafter referred to proviso (ii) to sub-section (1) of s. 95 of the act which reads as under: -'(ii) except where the vehicle is a vehicle in which passengers are carried for hire or reward or by reason of or ..... was contended that the deceased was not a passenger. while dealing with this contention the learned single judge of rajasthan high court referred to the provisions of section 95 of the motor vehicles act, 1939 and also referred to a decision of calcutta high court in the case of gobind parsed mukherjee v. surjit bhowmick, reported in 1978 acc .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-11-1989
Reported in : I(1991)ACC61
..... learned single judge of rajasthan high court agreed with the principles laid down by the calcutta high court and thereafter referred to proviso (ii) to sub-section (1) of section 95 of the act which reads as under:(ii) except where the vehicle is a vehicle in which passengers are carried for hire or reward or by reason of or ..... insurer is, therefore, to cover liability in respect of death of a person entering or mounting the bus. the provisions of sub-section (2)are subject to the provisions of sub-section (1) of section 95 of the act. the liability of the insurer in a case where a person dies while entering or mounting the bus, will be governed by ..... contended that the deceased was not a passenger. while dealing with this contention the learned single judge of rajasthan high court referred to the provisions of section 95 of the motor vehicles act, 1939 and also referred to a decision of calcutta high court in the case of gobinda prasad mukherjee v. surjit bhowmick reported in 1978 acj 160 .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-19-1989
Reported in : AIR1990Guj171; (1990)2GLR753
..... of by this common judgment. 3. in order to appreciate the question about jurisdiction of the court to entertain these proceedings under the arbitration act, it is necessary to look, at section 14 of the arbitration act:-- section 14(1) provides- 'when the arbitrators or umpire have made their award they shall sign it and shall give notice in writing to the ..... would have been made subject-matter of a suit, the suit would have been governed by s. 6(iv)(i) of the bombay court-fees act. section 6(iv)(i) of the bombay court-fees act provides for minimum court-fee of rs. 20/-. valuation in such a suit for accounts, normally will be in the vicinity of the figure, ..... various objections to the award. it is at that stage that objection as to jurisdiction of the trial court in connection with -the proceedings under section 14 as well as 30 of the arbitration act was raised. as these objections covered all the proceedings viz. s. 14 as well as s. 30 applications filed by different objectors, they were .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-21-1989
Reported in : (1990)1GLR168
..... their service and discipline. it has, however, some controlling power over such staff members as specified in clause (xvii) of sub-section (1) of section 20 of the saurashtra university act, which provides that the syndicate shall exercise the powers to arrange for and direct the inspection of affiliated colleges and the hostels and ..... the colleges run and managed by the trust or registered societies. the syndicate of the saurashtra university exercises its various powers as envisaged in section 20 of the act. the syndicate of the saurashtra university can appoint teachers and servants of the university, fix their emoluments and define their duties and the ..... for respondent no. 2-saurashtra university, has only stated that the saurashtra university, being an autonomous body, has exercised the powers under section 20 of the saurashtra university act and has issued the ordinance, fixing the pay scales of the non-teaching staff employees of such affiliated private colleges and such colleges are .....
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 : 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 .....
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 .....
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