Court : Gujarat
Decided on : Apr-04-1989
Reported in : (1989)2GLR891
..... freely because of the heavy traffic. even though the members of the petitioners-association started to function in the cabin some years back, due to the population explosion, the town has become crowded and the cabins which are now on the road, create traffic hazards. it is also the say of the municipality that the ..... further contended that, if it is held that there is no need to give notice before invoking the provisions of section 185 of the muncipalities act, the same has to be struck down as violative of articles 14 and 21 of the constitution. with these averments, the petitioners have corns forward ..... business after having established their cabins for over a number of years. according to the petitioners, the nagar palika, without following the procedure under section 185 of the gujarat municipalities act and against the principles of natural justice, have come forward with the present notice which is being impugned in this special civil application. it is .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-27-1989
Reported in : AIR1990Guj105; [1992]73CompCas209(Guj); (1985)1GLR57; (1990)1GLR628; (1990)1GLR628
..... of arbitrary exercise. the guidelines for the exercise of this power are thus found in the object and purpose of the act and in the various provisions including section 24 of the act. section 29 is thus not arbitrary nor is it violative of article 14 of the constitution. srinivasa kandasari sugars v. government of ..... , other financial institutions and other parties. this distribution has to be done by the state government with the approval of the central government under section 4 of the act and the shares are not transferable except to the state government, reserve bank, development bank or other financial institutions recognised in this behalf by ..... the loan and instalments thereof and in meeting their obligations to the respondent corporation. the respondent-corporation had, therefore, resorted to section 29(1) of the state financial corporation act, 1951 (act no. 63 of 1951), whereunder the state financial corporation has been conferred a right to take over the management or possession .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-26-1989
Reported in : (1990)2GLR1103
..... district judge' in art. 236(a) of the constitution. the bombay high court judgment referred to above has adopted the definition in the general clauses act and interpreted section 236, which, in our opinion, is not correct on the plain reading of the articles pertaining to subordinate courts which occur in chapter vi of ..... question of law as to the interpretation of the constitution arising before the tribunal. in our view, the subordination for the purpose of section 3 of the contempt of courts act means judicial subordination under the hierarchy of courts under the civil procedure code or the criminal procedure code.' the supreme court has further observed : 'it may ..... clause (b) defines 'judicial service' to mean district judge and other civil judicial posts inferior to the post of district judge. under section 3(17) of the general clauses act 'district judge' has been defined to mean 'judge of a principal civil court of original jurisdiction'. according to the appellants labour courts and .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-18-1989
Reported in : 1991CriLJ1085; (1990)1GLR473
..... whose local jurisdiction it was committed or, as the case may be, by the designated court constituted for trying such offence under sub-sec. (1) of section 9. under the provisions of section 14 of tada act a designated court may take cognizance of any offence, without the accused being committed to it for trial, upon receiving a complaint of ..... that such a drastic measure should not be resorted to unless the government law enforcing agency fails, there is no allegation disclosing the alleged commission of offence under section 3 of the tada act.20. it may be mentioned that on the point of interpretation of the word 'use' mr. panchal, learned addl. p.p. has relied on the ..... to the petition as annexure-a, it is clear that not even a single averment is made in the fir with regard to intention, as mentioned in section 3 of the tada act. however, it is submitted by mr. panchal, learned addl. p.p. that the supreme court has observed that while considering application for bail designated court .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-18-1989
Reported in : (1990)1GLR440
..... .9. for considering the first contention of the learned government pleader, it is necessary to refer to the provisions of section 20 of the arbitration act. sub-section (1) of section 20 of the arbitration act reads as under:20. (1) where any persons have entered into an arbitration agreement before the institution of any suit ..... referring the matter to the arbitrator the court does not become functus officio. the other provisions of the arbitration act are made applicable under sub-section (5) of section 20 of the arbitration act and therefore, under sections 41, 43 and 45 read with second schedule the court can pass appropriate orders. he relied upon the ..... considering this issue it would be necessary first to decide whether the entire civil procedure code is made applicable to the arbitration proceedings. under sub-section (2) of section 20 of the act, the application filed by the plaintiff for direction that the agreement be filed in the court and the dispute be referred to the .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-12-1989
Reported in : (1990)84CTR(Guj)232; [1990]184ITR376(Guj)
..... be granted interim relief by which the respondents and particularly respondent no. 7 should be restrained from deducting tax as provided under the provisions of sections 44ac and 206c of the act in short, the effect of the interim relief prayed for would be to stay the operation and implementation of the aforesaid provisions of law. ..... state of orissa or, at any rate, the action of respondent no. 7 deducting income-tax at source as per the provisions contained in sections 44ac and 206c of the act does not take place within the territory of gujarat. respondents nos. 1 to 6 are the union of india and other income-tax authorities. ..... in the petition is to restrain respondent no. 7, orissa forest corporation limited, from recovering the amount of income-tax pursuant to the provisions contained in sections 44ac and 206c of the act. 2. the petitioners purchased tendu leaves from respondent no. 7, orissa forest corporation limited, the principal office of which is situated at bhuvneshwar (orissa .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-08-1989
Reported in : 1990CriLJ2500; (1990)2GLR785
..... learned advocate for the petitioner. it is true that any confessional statement made by the accused before the police is not admissible in evidence under section 25 of the evidence act and, therefore, the confessional part of the statement should not have been considered as an admissible evidence. however, the fact remains that the ..... aside. that judgment is subsequently followed by this court in criminal revision application no. 340 of 1976, decided on july 1, 1977. section 71, i.p. code specifically provides that when several acts of which one or more than one would by itself or themselves constitute an offence, constitute, when combined, a different offence, the ..... p.s.i. gadhavi should not have been considered as evidence as it is hit by the provisions of section 25 of the evidence act. shri raju also submitted that the further statement recorded under section 313 of the criminal procedure code, in which the applicant admitted to have been driving the truck, should also not have .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-08-1989
Reported in : II(1990)ACC594
..... learned advocate for the petitioner. it is true that any confessional statement made by the accused before the police is not admissible in evidence under section 25 of the evidence act and, therefore, the confessional part of the statement should not have been considered as an admissible evidence. however, the fact remains that the applicant ..... aside. that judgment is subsequently followed by this court in criminal revision application no. 340 of 1976, decided on july 1, 1977. section 71, i.p. code specifically provides that when several acts of which one or more than one would by itself or themselves constitute an offence constitute, when combined, a different offence, the ..... p.s.i. gadhavi should not have been considered as evidence as it is hit by the provisions of section 25 of the evidence act. shri raju also submitted that the further statement recorded under section 313 of the criminal procedure code, in which the applicant admitted to have been driving the truck, should also not have .....
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 .....
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 .....
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