Court : Gujarat
Reported in : 1989CriLJ765; (1988)2GLR1404
..... revenue or excise or any class of such officers with the powers of an officer-in-charge of a police station for the investigation of offences under this act.(emphasis added)section 53(1) empowers the central government after consultation with the state government to invest any officer of the department of central excise, narcotics, customs, revenue, ..... in my view, the same would be the position with regard to the officers who are empowered or invested with certain powers and duties under the act.11. under section 41(1) a metropolitan magistrate or a magistrate of the first class or any magistrate of the second class specially empowered by the state government in ..... or place.13. it should be noted that by any stretch of imagination neither the magistrate nor the other officers would be police officers.14. under section 42 of the act any of the officers mentioned therein who are empowered by the central government or the state government may search any building, conveyance or place, seize .....
Tag this Judgment!Court : Gujarat
Reported in : (1988)2GLR1390; (1988)2GLR594
..... prayer for an interlocutory injunction. the next question, therefore, is whether an individual like the plaintiff can move the commission to hold an inquiry. section 36b of the monopolies and restrictive trade practices act is as under :'36b. the commission may inquire into any unfair trade practice,- (a) upon receiving a complaint of facts which constitutes such ..... narrow or limited point of view but from broader considerations governing our economic policy. it is not merely a matter as to how the prize scheme was actually financed; by cutting into the profits of the company or through an increase in the prices of bicycles. while this question is undoubtedly relevant, the more fundamental issue ..... in so holding they dissented from the view taken by a singal judge of this court ( coram: a.d.desai j.) in state v. jayantilal bhimjibhai : (1968)9glr603 , that risk of loss is also one of the four essential elements of constitute a lottery. the division bench observed that it may be that a person .....
Tag this Judgment!Court : Gujarat
Reported in : (1988)2GLR1295; (1989)ILLJ599Guj
..... state of gujarat, their officers and servants to refrain from taking any steps against the petitioners in furtherance pursuance or enforcement of the provisions of section 25-o and section 25-r of the act. the petitioners have challenged the vires of secs. 25-o and 25-r on the ground that they are violative of the petitioners' fundamental ..... say that there is less demand for white cement and there is no market for the product of the psp works. (4) replacement of the old plant and obtaining finances for that purpose are the matters within the control of the management. (5) the grounds given by the a.c.c. cannot be regarded as sufficient for permitting ..... compelling an undertaking which has ceased to be economically and commercially a viable unit, can be regarded as in the national interest or in the interest of the financing institutions. such an undertaking would really be a drag on the national economy. 18. thus, on true interpretation of the words 'genuine' and 'adequate' and true .....
Tag this Judgment!Court : Gujarat
Reported in : (1989)1GLR608; [1989]179ITR164(Guj)
..... or incorrectness of the opinion formed by the authority cannot be gone by the court. 9. such questions have arisen in matters under section 147 of the act. in connection with the proceedings under section 147 of the act, the phrase 'reason to believe' has been interpreted by the supreme court and by this high court also. as per the settled ..... noted that the principle embodied in this provision of the statue is even otherwise implicit. assuming for a moment that the phrase 'reason to believe' is not used in section 269g (269d ?) under which the initial notice is to be issued, then also, if the provision is to be saved, the phrase 'reason to believe' will have ..... labelled as first appeal in fact and in substance that is a second appeal under the provisions of section 269h of the income-tax act, 1961, inasmuch as the first appeal before the appellate tribunal is provided under section 269g of the act. second appeal before the high court can be filed only on a question of law. the appellant- .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1989Guj220; (1989)1GLR163
..... chief engineer of the gujarat electricity board on the other hand and also the correspondence exchanged between the chief engineer, gujarat electricity board and the general manager (finance) of the state electricity board. suffice it to say that this correspondence neither spells out that the board agreed to accept the fixed deposit, nor the board ..... detriment because (per lord danning mr) it was not necessary for a party relying on the doctrine of waiver or promissory estoppels to show that he had acted on, the party's representation to his detriment.'pressing this decision into service mrs. mehra stated that there is a waiver and in any event the ..... it must characterize every state action, whether it be under authority of law or in exercise of executive power without making of law. the state cannot, therefore, act arbitrarily in entering into relationship, contractual or otherwise with a third party, but its action must conform to some standard or norm which is rational and non- .....
Tag this Judgment!Court : Gujarat
Reported in : 1989CriLJ1727; (1989)1GLR449
..... material with the detaining authority to show that the alleged irregularities were committed 'with a view to making gain'. in her submission the provisions of section 3(1) of the act read with the explanation required that the alleged irregularities should have been committed 'with a view to making gain'. in support of the aforesaid ..... petitioner.16. the learned counsel for the petitioner submitted that the state government is required to make report of the central government as provided under section 3(4) of the act within the specified time limit. it is contended that within this specified time limit report was not made to the central government and, therefore, ..... the order is required to be set aside. section 3(4) of the act provides that the state government shall within seven days report the fact of approval of the order passed by the appropriate officer to the central government .....
Tag this Judgment!Court : Gujarat
Reported in : 1993LC60(Gujarat); 1989(23)LC117(Gujarat); 1992(61)ELT421(Guj)
..... assistant collector of central excise passed an order, annexure 'h' in the first petition. after referring to the clarification issued by the government of india, ministry of finance (department of revenue) new delhi, vide their letter dated 4th february, 1981 and the trade notice no. 110/81 dated 1st may, 1981 issued by the ..... of monoblock pumps. the assistant collector also came to the conclusion that the exemption claimed under the provisions of notification no. 73/68 dated 13th april, 1968 was not admissible to the petitioners so far as monoblock pumps were concerned. on the strength of the finding recorded by the assistant collector that rotors ..... in the manufacture of monoblock pumps which according to them fall under tariff item 30a of the first schedule to the central excises and salt act, 1944 (hereinafter called 'the act'). the petitioner-companies also manufacture a variety of stators and rotors of different horse-powers for captive consumption used in the manufacture of monoblock .....
Tag this Judgment!Court : Gujarat
Reported in : (1989)1GLR233; (1989)IILLJ236Guj
..... of suitable site for the purpose from the central government, the state government, a co-operative society, an institution, a trust, a local body or a housing finance corporation (hereinafter referred to as 'the agency/agencies'). or (b) for purchasing a dwelling site for the purpose of construction of a dwelling house or a ..... , assistant provident fund commissioner. in para 4 of the affidavit, it has been submitted that the petitioner applied for advance under para 68-b of the act for addition/substantial alteration or substantial improvement necessary to the dwelling house owned by him on 15th september 1977. that the said application was entertained and he was ..... refused to sanction that withdrawal on 31st may 1988. the reason for refusal is that as per para 68-b of the employees' provident funds and miscellaneous provisions act, 1952, second advance is not permitted for that purpose. 2. in order to appreciate the grievance of the petitioner, a few relevant introductory facts are required .....
Tag this Judgment!Court : Gujarat
Reported in : 1989CriLJ2132
..... the file to the learned counsel for the petitioner also. in above view of the matter, there is sufficient compliance with the provisions of section 10 of the act inasmuch as the reference is required to be made within three weeks from the date of detention and the advisory board is required to render ..... the petitioner has challenged the legality and validity of the aforesaid order.3. it is contended that the provisions of sections 3(4) of the prevention of blackmarketing and maintenance of supplies of essential commodities act, 1980 have not been complied with inasmuch as the state government has failed to report to the central govt. within ..... galbaji hemaji and kapurji navaji. it was also alleged that while indulging in such activity statutory provisions of section 7 of the essential commodities act, 1955 were directly or indirectly contravened and of fence under the aforesaid act was committed. the detaining authority came to the conclusion that with a view to preventing the detenu from .....
Tag this Judgment!Court : Gujarat
Reported in : (1989)1GLR354
..... with. therefore, the argument that requirement to be informed separately and specifically about the detenu's right to make representation against the declaration under section 9(1) of the act flows from the constitutional provisions of article 22(5) and therefore the detenu is required to be informed separately and specifically about the same ..... learned counsel for the petitioner, the translated documents were not supplied to the detenu and therefore his right to make representation against declaration under section 9(5) of the act is violated.15. since the amendment application was submitted at the time of arguments, we had requested the learned counsel for respondents to keep ..... criminal case.in the instant case, in the affidavit-in-reply filed by shri c. rajan, under secretary to the government of india, ministry of finance department of revenue, new delhi, it is stated that the specially empowered officer of the government of india after carefully considering the grounds of detention and .....
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