Court : Gujarat
Reported in : 1969CriLJ322; (1968)0GLR890; (1968)IILLJ630Guj
..... of conviction was recorded against them for a breach first time in a criminal case no. 1458 of 1965. that order of conviction was recorded on 30 march, 1966. section 29 of the act was amended on 19 november, 1965. by that amendment, a continuance of a breach is made punishable at law. as the breach in question continued even after the ..... bombay high court in the case in re dosabhai ardeshir cooper [52 bom. l.r. 625], gajendragadkar, j., as he then was, speaking for the revision bench, observes that : 'section 516aa of the code of criminal procedure, 1898, added by bombay act 46 of 1948, in not retrospective in its operation. hence, costs cannot be awarded in a case filed before the ..... him shall be paid, by way of compensation, to any person who, in its opinion, has been injured by such breach.' 7. a perusal of that section indicates that as s. 29 stood prior to its amendment by the amending act no. 88 of 1965, a breach of any term of any settlement or award, binding on that person under this .....
Tag this Judgment!Court : Gujarat
Reported in : (1971)12GLR850
..... high court as the court trying the election petition. vide section 80a sub-section (3). section 81 sub-section (1), section 86 sub-sections (1), (4), (5), and (6), section 87, section 95, section 98, section 99, section 100, section 101 and section 116a. it is also significant to note that section 92 of the pre-amendment act which conferred on the election tribunal the powers vested in a ..... entitled to do so in view of order 23 rule 1 of the code of civil procedure which was incorporated by reason of the then section 90 sub-section (1) of the act. the supreme court rejected this argument in the following words:the effect of all these provisions really is to constitute a self contained code ..... governing the trial of election petitions and it would appear that in spite of section 90(1) of the act, the provisions of order 23, rule 1 of the code of civil procedure would not be applicable to the trial of election petitions by the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1969Guj69; 1969CriLJ409; (1969)GLR245
..... the learned sessions judge came to the conclusion that the circumstantial evidence was sufficient to hold the accused guilty for having committed offences punishable under sections 394, 326 read with section 34 and section 324 of the indian penal code and convicted them as stated in the earlier part of the judgment. it is against this order of ..... were charged for having conjointly committed a dacoitv and in commission of such dacoitv caused murder of talshi premji and thus having committed an offence punishable under section 396 of the indian penal code. they were also charged that during the course of commission of the robbery they had caused hurl to dharamshi premji and ..... that suggestion put by the lawyer of the accused in the cross-examinations of the prosecution witnesses amounts to an admission undersection 18 of the indian evidence act cannot be accepted.17. now in the present case it is in evidence that the question that dharamshi and talshi had caused injuries to the appellants was .....
Tag this Judgment!Court : Gujarat
Reported in : [1968]69ITR186(Guj)
..... supported by a decision of the english court in bilsland v. commissioners of inland revenue. the provision which came up for construction in that case was sub-section (4) of section 33 of the english finance act, 1927, which was couched in the same language as our proviso and construing the words 'exceptional and not systematic', lawrence j. said : 'in my opinion, the words ..... not exceptional.' 28. it is significant to note that though this decision deprived the revenue of a large amount of tax which it would otherwise have obtained if section 33 of the english finance act, 1927, were held applicable, the crown accepted the decision as correct and did not appeal from it. since the time it was given in 1936 it has always .....
Tag this Judgment!Court : Gujarat
Reported in : (1969)10GLR453
..... can be packed. if such a building or setting up or placing or depositing is on a public street or place, then an offence contemplated by section 185(1) of the act can be said to have been committed.6. mr. vyas, for the appellant, drew our attention to the decision of a division bench of this ..... point with which we are concerted in the present case, viz., scope of the two clauses of section 185(1) of the gujarat municipalities act, section 122(1) of the bombay district municipal act or section 152(1) of the bombay municipal boroughs act did not arise for consideration before the division bench. the decision of sir john beaumont c.j. in ..... remove the hand-lorry, it was got removed by the sanitary inspector; and thereafter the accused was prosecuted for contravention of the provisions of section 185(1) of the gujarat municipalities act, 1963, being gujarat act no. xxxiv of 1964. the learned judicial magistrate, f.c, bagasara, who tried the case, held that the accused was not guilty .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1969Guj40; (1969)GLR225
..... to appreciate the argument of mr. daru, it is necessary to refer to certain provisions of the indian electricity act, 1910 and the electricity (supply) act, 1948, by sub-section (1) of section 3 of the indian electricity act, 1910, it is provided that the state government may grant to any person a licence to supply electrical energy in ..... to pay at the rates fixed under the agreements. the appellant company, therefore, gave the notice to the municipality dated april 9, 1957 under section 24 of the electricity act, 1910 to cut off the supply of electricity from april 26th, 1957 as the municipality had committed a default in payment of the bills preferred ..... of electrical energy to consumers in the area of supply irrespective of the restrictions contained in the license and the indian electricity act, 1910. not only does section 57(1) of the electricity (supply) act, 1948, impose an obligation upon the licensee to conform to the provisions of the sixth schedule and the table appended to .....
Tag this Judgment!Court : Gujarat
Reported in : [1970(20)FLR121]; (1969)10GLR622; (1970)ILLJ210Guj
..... 2 taken by the petitioner and this application had to be made under s. 33(2)(b) because conciliation proceedings were pending before the conciliation officer. section 33(2)(b) places a ban on the employer from discharging any workman concerned in any industrial dispute during the pendency of conciliation proceeding before the ..... claiming to be the descendants of former ruling chiefs in some districts of madhya pradesh applied under the central provinces and berar revocation of land revenue exemption act, 1948, for grant of money or pension as suitable maintenance for themselves. they held estates in two districts on favourable terms as jahgirdars, maufidars and ..... should make a speaking order the question arises in reference to an order made by the conciliation officer under s. 33(2)(b) of the industrial disputes act, 1947. a conciliation proceeding was pending before the conciliation officer in regard to an industrial dispute between the petitioner and its workmen. during the pendency of .....
Tag this Judgment!Court : Gujarat
Reported in : [1969]24STC107(Guj)
..... reference are as under : the applicant m/s. prakash trading company had applied in respect of bill no. 505 dated 15th july, 19647, for determining under section 52 the sate of tax payable on the sales in respect of five items of which now the controversy is confined to only three items, via., (i) ..... various decisions. the other line of decisions has interpreted the expression 'toilet requisites' which would not at all be helpful in the interpretation of entry 21a of our act, where the legislature purposely does not use the expression 'toilet requisite' which is used in similar other legislations. 10. in deputy commissioner of commercial taxes, madras ..... the expression 'toilet articles'. the learned advocate-general traced the history right from the beginning in this connection of the corresponding entries. in the bombay sales tax act, 1946, item 6 of schedule i specified 'perfumery, cosmetic and toilet articles, except soap and other articles as may be specified by the provincial government .....
Tag this Judgment!Court : Gujarat
Reported in : [1968]22STC507(Guj)
..... (as he then was), and chatterjee, j. the calcutta high court in that case had to deal with section 17 of the bengal finance (sales tax) act, 1941. that section as it stood at the relevant time after being amended by the west bengal act 19 of 1954, was as under : 'where the ownership of the business of a registered dealer is transferred ..... (1) as a specific provision, we cannot hold that after the death, an heir or legal representative of the deceased dealer could be taxed under the act. 12. in fact, section 26(1) had been interpreted by k. k. desai, j., in rambali bhuleshwar v. sales tax officer ([1961] 12 s.t.c. 595), at page 601, the ..... in the prescribed manner for cancellation of his registration, the prescribed authority shall cancel the registration, with effect from the prescribed date.' 4. section 25 provides that if any dealer to whom the provisions of the act applied : '(a) sells or otherwise disposes of his business or any part of his business, or effects or comes to know of .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1969Guj270; (1969)10GLR870
..... sale, therefore, even if it was assumed that they had taken place, cannot, therefore, serve as a guide for determining the market value of the property under section 23 of the act.12. it was, however, urged by mr. mankad that mr. majumdar, the land acquisition officer, has admitted in his evidence about sales of adjacent lands having ..... government, through collector of bijnor, air 1967 sc 465, it has been observed as follows:--'market value on the basis of which compensation is payable under section 23 of the act means the price that a willing purchaser would pay to a willing seller for a property having due regard to its existing condition, with all its existing ..... 25np. per one acre of land. feeling dissatisfied with that award, the reference was made by the land acquisition officer at the instance of the claimant under section 13 of the act. the claim in that reference was merely confined to the land admeasuring 3 acres 30 gunthas of ravapur, and 37 gunthas of land from ugedi which were .....
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