Court : Gujarat
Decided on : Mar-09-2006
Reported in : (2006)2GLR1567
..... personally, he is liable to be evicted from the said land. the petitioners, after having the occupancy rights under the provisions of the bombay tenancy act, including section 32r of the act, becomes an occupant of the land in question for all legal purposes. he is, therefore, entitled to convert that land for non-agricultural use ..... (1997)6scc71 , especially para 2 thereof, as under :-2. although, mr. bhasme, learned counsel appearing for the appellant took a stand that under section 63 of the act aforesaid, there should not be any discrimination amongst the agriculturists with reference to the state to which such agriculturist belongs. but according to him even without going ..... has to be exercised within a reasonable time. we are satisfied that in the facts and circumstances of the present case, the suo motu power under section 84c of the act was not exercised by the mamlatdar within a reasonable time. accordingly, the appeal is allowed the impugned orders are set aside. no costs. (emphasis .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-09-2006
Reported in : (2006)2GLR1399
..... their associations under rule-8 of the police force (restriction of rights) amendment rules, 1970 made in exercise of the powers conferred by sub-section (1) of section 6 of the police forces (restriction of rights) act, 1966. the matter was, therefore, adjourned so as to enable the petitioners to make an appropriate application under the above referred rule-8. ..... power which is being exercised. the court further held that there is no procedural statutory requirement of a hearing for the disposal of an application under section 220(2-a) of the act. personal hearing in every situation is not necessary and there can be compliance of the requirements of natural justice of hearing when a right to ..... did not think in the facts of the case to hold that the petitioner was entitled to a right of being personally heard before its petition under section 220(2-a) of the act was disposed of as aforesaid. 38. mr.trivedi further relied on the decision in the case of krishan yadav and anr. v. state of .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-09-2006
Reported in : (2006)3GLR1909
..... for the court to discharge the accused as the charge is groundless. the court further held that the prosecution is unsustainable because section 79 is exculpatory when read with section 5-a of the act and the certificate issued thereunder.40. reliance is also placed on the decision of the hon'ble supreme court in the case ..... no different religions. the simple and innocent expression of opinion on the working of the trusts of swadhyaya pariwar will not bring the act of the publisher within the parameters of the sections in question. the difference between the persons of the same family is as to whether bhav nirzar temple is a temple or prarthana hall ..... indian army were indulging in commission of atrocities against kashmiri muslims. hence, the question before the supreme court was that whether those acts of the appellant would attract the penal consequences envisaged in section 153-a or 505(2) of ipc. the court held that the common ingredient in both the offences is promoting feeling of .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-09-2006
Reported in : (2006)3GLR1840
..... onlies. he took us through the evidence to that effect which have been produced and relied upon in the trial court. though, there are statements under section 32 of the act of each accused recorded by the concerned police officer, they are not the statements voluntarily given by them. it has been further submitted that since mahesh ..... those judgments, we have tried to examine the materials available on record qua the present appellants.23. it is a settled law that provisions of section 32 of the act permits recording of confessional statement of the accused and that statement qua the particular accused is a substantive piece of evidence and same can be used against ..... them. here in this case, the statement of each accused has been recorded by the authority under section 32 of the act.24. we have gone through those statements together with evidence qua other employees of patel onlines as well as the statements of other independent witnesses. there .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-09-2006
Reported in : AIR2006Guj204; (2006)2GLR1696
..... writ of certiorari and the supervisory jurisdiction are to be exercised sparingly and only in appropriate cases where the judicial conscience of the high court dictates it to act lest a gross failure of justice or grave injustice should occasion, and care, caution and circumspection need to be exercised, when any of the abovesaid two ..... it is stated that though interlocutory orders, passed by the courts subordinate to the high court against which remedy of revision has been excluded by the cpc amendment act, are nevertheless open to challenge in, and continue to be subject to, certiorari and supervisory jurisdiction of the high court, the principles applicable for exercise of such ..... by the trial court was correct, it would take away such right to object. in this context, a further contention was that the provisions of the evidence act would operate and there could be no recording of evidence merely on the basis of filing of affidavits. lastly, it was submitted that various grounds on which .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-09-2006
Reported in : (2006)3GLR2007
..... the petitioner. the petitioner need not point out any independent prejudice because of delay in disciplinary proceedings. there are no averments in the memo of reply affidavit pointing out any act or omission on the part of the petitioner resulting in prolonging the disciplinary proceedings. it is true that the petitioner was not in any way responsible for such an inordinate .....
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 : Mar-10-2006
Reported in : (2006)2GLR1425
..... the mamlatdar, talod cannot issue final order of payment of rs. 8,10,000/- on the basis of the audit report. under the provisions of bombay stamp act, 1958, especially under section 32 of the act of 1958, necessary notices have not been issued to the petitioner for the payment of the stamp duty for the registration of the document which is at ..... memo of the petition. the said document is dated 25th may, 2000. after registration of the sale deed, no notice has ever been issued under the act of 1958, much less under section 32 of the act of 1958 and therefore, the direction for payment of rs. 8,10,000/- by the impugned letter dated 12.8.2004(annexure sd) and dated 26th ..... for the petitioner that during pendency of the present petition, a notice has been issued by the deputy collector, stamp duty, sabarkantha on 17th january, 2006 under section 39(1)(b) of the act of 1958 for an amount of rs. 24,750/-. it is also submitted by the learned advocate for the petitioner as per the notice dated 17.1. .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-10-2006
Reported in : [2006(111)FLR164]
..... 1987 lab ic 1607.9. termination of service of casual workmen on daily wages will not fall within the exception contained in sub-clause (bb) of section 2(oo) of the act, because the contract of employment is referable to the contract other than engagement of casual workers on daily wages. `non-renewal of the contract of ..... of service, age, family circumstances and condition of establishment. he submitted that as per the decisions of apex court, periodical appointments are outside the scope of section 2(oo) of the act, means, it is not retrenchment. however, the facts in each case are different in comparison to the facts of the present case. recently, the division ..... for the workman submitted that the labour court has rightly examined the matter and came to conclusion that it is a case of termination, violated by section 25f of the act. he submitted that the labour court has committed error in not granting full backwages for interim period as employer has not proved gainful employment of the .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-10-2006
Reported in : 2006[3]STR497
..... paid on the amount recovered by an assessee before 1.7.2003 i.e. the date on which the service tax was made leviable under the provisions of section 66 of the finance act, 1994. it is not in dispute that the amount which is to be made taxable by the respondent authorities was received by the petitioner before 1.7.2003 ..... pay the amount of service tax if tax is levied by the respondent authorities. once the tribunal decides the matter and if it decides against the petitioner, the petitioner shall act in accordance with law.7. in view of the above direction given by this court, learned advocate shri d.v. parikh appearing for the petitioner does not press the petition .....
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