Court : Gujarat
Reported in : (1997)2GLR1400
..... social welfare board, gandhinagar; (2) chief secretary, government of gujarat; (3) secretary, legal department; and (4) secretary, finance department for information and necessary action at their end, requesting each one of them to appraise this court what action they intend to take ..... not by themselves enough. as observed by dr. modi (in dr. modi's text-book of medical jurisprudence & toxicology in chapter-xvi 'sexual offence' under the caption of 'examination of victim') in addition to examining the marks of injuries on external ..... of acquittal against rajesh @ raju and six others, arise out of the common judgment and order dated 29-10-1994, rendered in atrocity case no. 20 of 1993, by the learned additional sessions judge, vadodara, wherein all the respondents ..... & s.t. class. the possibility also could not be ruled out where genuine victim of atrocity under the atrocity act, who is entitled to quite fabulous ex-gratia compensation, may not get her entire due and middle man may siphons .....
Tag this Judgment!Court : Gujarat
Reported in : (1997)1GLR795
..... the burden of producing some evidence in respect of fact that in issue. it will only alleviate that burden to discharge which very slight evidence may suffice.18. chapter vii of the indian evidence act refers to burden of proof. under section 103, the burden of proof as to any particular fact lies on that person who wishes the court to believe ..... -a) under section 41(1) only an empowered magistrate can issue warrant for the arrest or for the search in respect of offences punishable under chapter iv of the act, etc. when he has reason to believe that such offences have been committed or such substances are kept or concealed in any building, conveyance or place. when such warrant ..... a matter of fact, it has been held by this court (coram: k.j. vaidya & b.j. shethna, jj.) in criminal appeal no. 526 of 1988, decided on 23-6-1994, wherein shethna, j. speaking for the bench has observed that so far as the procedural aspect of informing the accused is concerned, the same is an official duty and in .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)135CTR(Guj)405; [1996]222ITR68(Guj)
..... the companies with a view to limit or regulate exposure of the indian companies. it was specifically pointed out that the company is not engaged in financing business or dealing in foreign exchange. 4. with regard to excise duty, it was pointed out that the petitioner-company has claimed deduction under section 43b of ..... , during the course of assessment raised questions regarding the aforesaid items and the company was called upon to explain. the company, by its letter dated march 8, 1994, explained in detail as to how the amount was received. it was pointed out that the company has entered into forward exchange contracts and on cancellation of the ..... material would make the company entitled to get the deduction under the provisions of section 43b of the act. 5. mr. p.k. kedia, the then deputy commissioner of income-tax (assessment), special range-i, surat, on march 24, 1994, considering the submissions assessed the company assessee. in paragraph 4.5 of the assessment order, the assessing .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)135CTR(Guj)409; [1996]222ITR27(Guj)
..... article 226 of the constitution of india, has challenged the issuance of notice under section 148 of the income-tax act, 1961 (hereinafter referred to as 'the act'), at annexure 'j', which is dated december 28, 1994. the assessing officer had reason to believe while assessing the case of the assessee for the assessment year 1989-90 ..... that order was passed, the impugned notice under section 148 has been issued on december 28, 1994, which is under challenge. 2. it appears that in respect of foreign currency loan obtained to finance machinery installed in 1987-88 assessment year, liability on repayment increased during the year by rs. 1,83,88,188 on account of ..... all material facts necessary for assessment for the relevant year, the notice could not have been issued. 5. with the affidavit-in-reply, reasons dated december 19, 1994, passed by the deputy commissioner of income-tax are placed on record. it is very clear from the reasons that four years have lapsed and, therefore, permission of .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)1GLR798
..... government gazette that this exemption shall not extend, or(c) of such forest produce as may be exempted by the state government from the operation of the rules in this chapter by notification in the bombay government gazette.it should hardly be stated that wherever the word 'bombay' appears in rule 66, word 'gujarat' has to be read. by ..... logs of teak wood from kanubhai shankerbhai and naika jugla vasava. by hiring the truck gtb 6765 the teak wood purchased were being taken to godhra on 28-4-1994. when the truck reached the halol forest check-post, the round forest officer intercepted and checked. he suspected interloperring by illegal transportation of the forest produce as the ..... the seizure of the forest produce and before the order confiscating the forest produce is passed under section 61-a of the act.10. the deputy conservator of forest at chhota-udepur passed the order on 12-5-1994 confiscating 27 old logs of wood out of the total logs of 50, as hammer marks were not thereon and were .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)132CTR(Guj)491; [1996]220ITR579(Guj)
..... it is contended by the petitioner that in view of the agreement executed by and in between respondents no. 2 and 3, respondent no. 1, under chapter xx-c of the act scrutinised the form and the respondent no. 1 held that the consideration shown therein is less than the value of the property, and passed an order ..... rights in respect of the property in question together (with) all other incidental rights thereof. 3. respondent no. 2 by executing an agreement on 16th nov., 1994 represented that he is the sole owner of the property, without admitting or acknowledging the share of the petitioner. it is pointed out that inspite of the proceedings pending ..... [1996]217itr274(guj) wherein the court reiterated the following findings of this court in the case of anagram finance ltd. vs . appropriate authority : [1996]217itr22(guj) : 'a combined reading of s. 269ud(1a) and (1b) of the act leaves no room for doubt that it is a question of objective decision making process by taking into consideration .....
Tag this Judgment!Court : Gujarat
Reported in : (1997)1GLR462
..... matter of policy involving public interest, the decision of the central government thereon shall be final.42. now, the instructions have been incorporated in vigilance manual. chapter vii speaks of 'prosecution'. it provides for need for sanction, authority competent to sanction prosecution, form of sanction, fresh sanction after reinvestigation, etc. the ..... prima facie established commission of various offences punishable under the indian penal code and also under the prevention of corruption act. the petitioner was, therefore, arrested alongwith other accused on april 11, 1994 and was produced before the special court and at present he is on bail.12a. if in the light of ..... . initially such sanction was not granted and the resolution (first resolution) was passed to that effect by the first respondent bank on october 27, 1994. it was observed in the first resolution that though lapses committed by the petitioner were serious and actionable and it was decided to hold disciplinary proceedings .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)1GLR812
..... to enforce the same. right to adjudicate would be incomplete in absence of power to execute. in the instant case, if we read primary education (gujarat amendment) act, 1986, chapter vii-b, and the procedure order, it can be said that the tribunal is not without the power to enforce or execute the order that may be passed ..... matters. necessary directions in this behalf be obtained from the hon'ble chief justice of india.question is whether the statement made in the earlier order of 4-8-1994 by senior counsel mr. haroobhai mehta that 'contempt proceedings initiated against the petitioner would not be pursued in the meantime' continues or not. mr. shah, learned advocate ..... before the court. in the present case, application is filed, stating all the facts alleging that respondents have committed contempt of court. this court on 10-10-1994 ordered to issue notice. under the rules framed by this court, any application filed by a party comes before the court for admission and if admitted, then for .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)2GLR313
..... reserved in favour of the scheduled castes, the scheduled tribes, the backward classes and women among the wards in the prescribed manner.11. chapter xvii-a of the gujarat municipalities act pertains to special provisions for conversion of gram into municipalities. the state legislature amended some of the provisions contained in this part in consonance ..... , authority and responsibility of municipalities, etc. article 243-x provides for powers to impose taxes by, and funds of, the municipalities. article 243-v provides for finance commission: article 243-2 provides for audit of account of municipalities. article 243-za provides for elections to the municipalities. article 243-zb provides for application to union ..... 243-q, notification no. kv-73 of 94-npl4593-3504-m are issued by the state government which are challenged in spl. c.a. no. 5774 of 1994.with regard to lunawada nagar panchayat, under section 5 notification no. kv-157 of 94-npl-4593-3564-m, under section 266-b(d) notification no. .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)2GLR200
..... registry is directed to forward a copy of this judgment to - (i) chief secretary, government of gujarat, (ii) secretary, finance and (iii) legal secretary, gandhinagar by inviting their specific attention to para-2 where facts of the prosecution case are stated and ..... difference, class prejudice may if not further widen at least would come in a way to start new and happy chapter of mutual love and respect between the cross-sections of the society22. with a view to see that such ex- ..... brought under challenge the impugned judgment and order dated 21st april, 1995, rendered in atrocity criminal case no. 28 of 1994, passed by the learned city sessions judge, ahmedabad, wherein he on his coming to be tried alongwith other three co- ..... is still not that fully rational where ulterior motives in him/her occasionally peeping out overpowers their virtues and make them act quite sadly and madly as wild animals pouncing upon the innocents making even palpably false accusations against them !! this natural .....
Tag this Judgment!