Court : Gujarat
Decided on : Feb-07-2006
Reported in : 2006CriLJ4443
..... disclosure statement given by the accused. after recording of the evidence of prosecution witnesses was over, the learned judge recorded the statement of the appellant-accused under section 313 of the criminal procedure code. in their further statement, the appellants-accused denied the case of the prosecution and stated that they have been falsely implicated in ..... of three months recorded by the learned sessions judge, ahmedabad (rural) in sessions case no. 24 of 1997, in the present appeal which is filed under section 374(2) of the code of criminal procedure, 19732. the prosecution case, in a nutshell, can be stated as follows:2.1 the incident in question ..... .f.c., dhandhuka for the offences punishable under section 302 read with sections 149, 506(2) and also under section 135(1) read with section 135(1)(d) of the bombay police act. the accused no. 1 was also charge-sheeted for an offence punishable under section 30 of the arms act. as the offences in question were exclusively triable .....
Tag this Judgment!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 : Feb-08-2006
Reported in : 2006CriLJ2392
..... used for commission of the offence, which he had concealed in his field. psi sharma called two panchas and prepared initial panchnama as envisaged under section 27 of the evidence act and thereafter he proceeded to recover the muddamal weapon alongwith accused in the presence of the two panchas. the accused brought out muddamal axe from ..... learned trial judge explained to the accused the circumstances appearing against him in the evidence of the prosecution witnesses and recorded his further statement as required under section 313 of the code.2.10 in his further statement accused denied the statements of witnesses and stated that he was falsely implicated in the case, but ..... evidence was collected against the accused, he filed chargesheet against the accused in the court of the learned jmfc, mehamdabad.2.5 as the offence punishable under section 302 of the ipc is exclusively triable by a court of sessions, the learned jmfc, mehamdabad committed the case to the court of sessions at nadiad for .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-08-2006
Reported in : AIR2006Guj177
..... and in a premises without n.a. permission, the licences will be cancelled and/or the licences will not be renewed. the district magistrate, surat - licensing authority is directed to act accordingly, failing which, strict action will be taken either for making a false statement before this court or to make a show before this court that the licensing authority is .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-13-2006
Reported in : 2007ACJ2253
..... of the considered opinion that there is no merit in the appeals filed by the appellant. accordingly the same are summarily dismissed. amount deposited in the registry under section 173 of the motor vehicles act, 1988, be transmitted to the tribunal concerned for payment to the claimant(s) along with the amount to be deposited as per the award within two months .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-13-2006
Reported in : 2006ACJ2524; (2006)2GLR1362
..... nanavati, learned counsel for the appellant in all these three appeals. at the very outset, on being asked whether the insurance company has obtained permission under section 170 of the motor vehicles act, the learned counsel for the appellant fairly stated that no such permission had been obtained from the m.a.c.tribunal.7. it is a settled ..... the insurance company when impleaded as a party by the court can be permitted to contest the proceedings on merits only if the conditions precedent mentioned in section 170 of the m.v.act are found to be satisfied. the insurance company cannot be permitted to contest the proceedings on merits in the absence of a reasoned order in writing ..... from the m.a.c.tribunal as per the provisions of section 170 of the m.v.act. the relevant paragraph of this judgment is reproduced herein-after:4.it clearly shows that the insurance company when impleaded as a party by the court .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-14-2006
Reported in : 2008(222)ELT352(Guj); (2006)2GLR1373
..... one year was held to have been exercised beyond a reasonable time. in the circumstances, this court is not satisfied that the respondents have exercised powers under section 11 of the act within a reasonable period of time. the lapse of a period of five years in seeking to recover the dues of the erstwhile unit from the auction ..... not prescribe any time limit for taking action thereunder, therefore, it would not be proper to read any limitation where none was provided. that the proviso to section 11 of the act, provides that `any duty or any sums of any kind recoverable from the transferor can very well be recovered from the transferee', hence, even dues towards ..... owner from the purchaser of the said industrial unit. that the sale in favour of the petitioners having been effected in the exercise of powers under section 29 of the sfc act, the department was entitled to recover the dues of the erstwhile unit from the petitioners. that the action taken by the respondents was well within the .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-15-2006
Reported in : (2006)2GLR1129
..... of night soil and rubbish and if so required by the state government, preparation of compost manure from such night soil and rubbish. section 91 of the municipalities act deals with discretionary functions of the municipalities. clause c thereof, deals with public health and public sanitation. sub-clause (d) of the ..... the civic officials to safeguard and take adequate care of them. the gujarat municipalities act, 1963, the bombay provincial municipal corporations act, 1949 ['bpmc act']and the panchayats act, 1993, contain such provisions. so far the gujarat municipalities act [municipalities act] is concerned, section 2(5) defines sdangerous disease. it means cholera, plague, small-pox and ..... any endemic, epidemic or infectious disease by which the life of man is endangered. section 2(15) defines snuisance. it includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-15-2006
Reported in : (2006)3GLR1809
..... the summary of the meeting is as under :5.1 all municipal corporation to send their requirement for equipment like jetting machine, gulley emptier etc., to the dy. section (m.n.p.).5.2. the city engineers of muni. corpo., to give suggestions to get rid of the problems from the technical point of view,5.3 ..... the order would amount to deliberate flouting of the order of this court and the concerned authority will expose himself to proceedings under the contempt of court's act as well as criminal prosecution. we also appreciate the assistance rendered by all the learned counsels for the parties which has enabled us to give proper directions ..... employer, but it is a mandate given to him by labour's safety- oriented statutes, like the factories act. may be the bombay provincial municipal corporation act, the gujarat municipalities act etc., are not having specific provisions like the factories act, but then article 21 of the constitution of india is always there to protect the employees of local .....
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 .....
Tag this Judgment!