Court : Gujarat
Decided on : Dec-28-2006
Reported in : 2007CriLJ1584; (2007)2GLR1165
..... (d), 25(1)(aa), 25(1)(b)(c)(f) of arms act, sections 4(b), 5 and 6 of the explosive substances act, 1908, section 3 of criminal law amendment act, sections 3 and 6 of indian passport rules (entry into india), section 13(2) of foreigners act amended section 14 and section 6(1-a) of indian wireless and telegraphic act.2. the accused nos. 1, 3, 4 and 5 were ..... )(b)(c)(f) of arms act, sections 4(b), 5 and 6 of explosive substances act, 1908, section 3 of criminal law amendment act, sections 3 and 6 of indian passport rules (entry into india), section 13(2) of foreigners act amended section 14 and section 6(1-a) of indian wireless and telegraphic act. however, they were acquitted for the offence under section 489(a) read with section 34 of the indian penal .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-20-2006
Reported in : (2006)2GLR1432
ORDER IN SCA Nos. 8117 of 2005 & 8118 of 2005.33. Though all the three matters are heard together, as far as main judgment is concerned, I have considered the facts of Special Civil Application No. 8116 of 2005 and I have given detailed reasons and disposed of the said matter. The other two matters i.e. Special Civil Application Nos. 8117 & 8118 of 2005 are also identical and raising same challenge. In view of the reasonings and conclusion in the main judgment, these two petitions i.e. Special Civil Application No. 8117 of 2005 and 8118 of 2005 are also disposed of accordingly. Rule is discharged to the aforesaid extent in both the petition with no order as to costs....
Tag this Judgment!Court : Gujarat
Decided on : Feb-02-2006
Reported in : (2006)2GLR1615
..... it shall have to be referred to the registrar by an aggrieved party and registrar is having jurisdiction to decide disputes under section 96 of the societies act, 1961. section 96 of the act is reproduced as under:section 96. disputes.(1) notwithstanding anything contained in any other law for the time being in force, any dispute touching the ..... applicable to the particular facts proved, or assumed to be proved, since the generality of the expressions which may be found there is not intended to be explosion of the whole law, but governed and qualified by the particular facts of the case in which such expressions are to be found. it would, therefore ..... having any control over the society. these parameters, disputes between employees and society relating to service condition is clearly out side the scope of section 96 of the act, therefore, section 160 is required to be kept in mind while considering the question of jurisdiction, power and authority of registrar to decide legality and validity .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-28-2006
Reported in : 2008ACJ1332; AIR2007Guj119
m.s. shah, j.1. this appeal under section 173 of the motor vehicles act, 1988 is directed against the judgment and award dated 19.07.2006 of the motor accident claims tribunal (main), sabarkantha at himatnagar in macp no. 1477 of 1999 awarding compensation .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-28-2006
Reported in : AIR2007Guj104
..... the cheque of rs. 90 lakh, a notice to initiate proceedings under the provisions of the negotiable instruments act was served but thereafter the plaintiff has opted not to prosecute the defendants under section 138 of the negotiable instruments act. 4. i have gone through the relevant part of the written submissions stating the contingency as to how ..... with developing the land in question. mr.patel also submitted that though the plaintiff is a building contractor and doing business of developing the land, he has acted in a fraudulent manner and only in order to extort money, such suit is filed. it is argued by mr.patel that originally the parties have decided ..... -1999. it is also the case of the plaintiff that the plaintiff had paid rs. 1 lac towards sell consideration to defendants and the defendants are bound to act as per the development agreement. thereafter, they started developing survey no. 384 and the scheme for such development was also inaugurated and at that time, it was .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-27-2006
Reported in : (2007)1GLR713
..... persons interested in the land is intended to be compensated. in that view of the matter, to a case of compensation under section 35 of the act the provisions of section 23(2) of the act cannot be applied. the claimant is thus not entitled to any solatium on the compensation determined by the high court in this ..... reference on his own motion when the persons interested in the land differs as to sufficiency of compensation. so is the case for reference under section 37. whereas under section 18 of the act, person interested and who has not accepted the award made by the land acquisition officer, has to make written application to the collector to ..... a reference for fixing the amount of rent or compensation for a period exceeding three years from the commencement of such occupation. in a reference under section 35(3) of the act, the court can only determine compensation/amount in connection with the period of three years from the date of taking possession. considering the aforesaid provisions .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-27-2006
Reported in : (2007)2GLR2310(GJ)
..... policy, where the object of the government is not to earn revenue, but is to carry out the welfare scheme for the benefit of a group or section of people deserving it. secondly, the distribution of largesse or entrustment of the contract was urgently required to be done and the process of issuing public ..... aforesaid observations of the supreme court in the aforesaid case it becomes clear that in the filed of entrustment of contract or distribution of largesse the government cannot act arbitrarily, unreasonably or contrary to public interest. ordinarily, therefore, issuance of the public advertisement or invitation to the public at large to participate in the tender ..... special civil application no. 10390 of 1999 is preferred by the original holders of the land, which was acquired by the state government under the land acquisition act for irrigation department of the state government. as per the said petitioners, after the acquisition, the land is not used for the purpose for which it was .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-26-2006
Reported in : (2007)2GLR1780
..... mentioned that there is no emotional relationship between donor and recipient of the kidney. still there are other grounds as referred to in sub-section (3) of section 9 of the act, 1994, for which approval for removal and transplantation of human organ can be given by the authorisation committee. no reasons have been given ..... by the authorisation committee in the impugned order for the rejection of the application for transplantation of the kidney under section 9(3) of the act, 1994. the reasons given by the petitioner has not been considered by the authorisation committee. therefore also, the order passed by authorisation committee ..... facts, and therefore, also the order passed by appellate authority is in breach of principle of natural justice.(iv) appellate authority has also misinterpreted section 9(3) of the act, 1994. looking to the order passed by authorisation committee as well as appellate authority, never any inquiry has been made by both the authorities .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-22-2006
Reported in : AIR2007Guj150
..... time only upon issuance of the notification dated 10-12-1993 with effect from 1-1-1994 which notification was issued under sub-section (3) of section 1 of the act.8. the relevant provisions of the act are sections 8, 13 and 21 which read as under:8. reference to tribunal and making of award:-- (1) where any dispute ..... the madras high court in periathambi goundan v. district revenue officer : air1980mad180 wherein the tamilnadu agricultural land record of tenancy rights act (the act) came into force on 27-11-1972. section 16a of the said act read as under:16-a. bar of jurisdiction of civil courts no civil court shall have jurisdiction in respect of any matter ..... and the executive engineer for the alleged illegality of termination of the contract very much continued to remain with the civil court and the provisions of section 21 of the act only excluded the jurisdiction of the civil court only in respect of arbitral proceedings.22. a learned single judge of this court in the judgment dated .....
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 .....
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