Court : Gujarat
Reported in : (1963)4GLR559
..... the construction remains unremoved. this would lead to a highly anomalous situation. the third consideration which weighs with he is that under the bombay provincial municipal corporations act 1949 in case of contravention of the provisions of rule 6(1) of chapter xii of the schedule the municipal commissioner has two remedies available to him ..... the otla of his house situate in khadia ward no. 1 in the city of ahmedabad. according to the municipal corporation the construction was covered by section 254 of the bombay provincial municipal corporations act 1949 and the petitioner was not entitled to make the same without giving the requisite notice to the municipal commissioner ..... under rule 6(1) of chapter xii of the schedule to the act. no such notice was however given by the petitioner to .....
Tag this Judgment!Court : Gujarat
Reported in : (1963)4GLR908
..... convicted under section 392(1)(b) read with section 164(b) of the bombay provincial municipal corporations act 1949. in revision it is urged that the notice ex. 6 issued under section 164 of the bombay provincial municipal corporations act is not signed by the deputy health officer although the deputy health officer was delegated with powers ..... not suggested that the deputy health officer is such a person. this section does not therefore help the corporation. but section 476 of the bombay provincial municipal corporation act 1949 which will hereinafter be referred to as the act reads as follows:(1) every licence written permission notice bill schedule summons or other document required by ..... follows:in supercesion of all previous office orders in respect of delegation of power duties and functions to the dy. health officers (including dy. health officer food and licence branch) i.m.d. rajpal i.a.s. municipal commissioner for the city of ahmedabad hereby delegate under section 69(1) of the b .....
Tag this Judgment!Court : Gujarat
Reported in : (1964)5GLR550
..... bhagwati, j.1. this second appeal raises a short but interesting question of law relating to the construction of section 224 of the bombay provincial municipal corporations act 1949 (hereinafter referred to as the act). the facts giving rise to the litigation are few and may be briefly stated as follows.2. the plaintiff is the owner of certain land ..... of the section and i cannot accept the same for reasons which i shall immediately proceed to state.10. under the scheme of the act all public streets vest in the municipal corporation and the obligation is on the municipal commissioner to cause all public streets to be levelled metalled or paved channeled altered and repaired as occasion ..... and the suit should therefore have been filed by the plaintiff within six months from that date as required by section 487 of the act. the argument urged on behalf of the municipal corporation was that since the suit was filed on 9th january 1953 i. e.more than six months after the date of accrual of the .....
Tag this Judgment!Court : Gujarat
Reported in : (1963)4GLR855
..... could not take into account that except for the advantage or benefit of expedition the residents were entitled to these amenities by reason of section 63 of the municipal corporations act.17. in the case of a city with a rapidly increasing population the development of a new area residential or otherwise would by itself be a matter of ..... provide for these obligatory items by any means or measures which it is lawfully competent to it to use or to take. under section 63 of the municipal corporations act said mr. shah the local authority was entitled not only to include these costs in the costs of the scheme but to recover under the provisions of the ..... power to include their costs in the costs of the schema under section 18 instead of providing the costs in their usual budgets under the provisions of the municipal corporations act and meeting such costs from its general revenues. nevertheless the two considerations are and must be kept quite apart namely (1) the power to include these costs in .....
Tag this Judgment!Court : Gujarat
Reported in : 1966CriLJ475; (1964)GLR696
..... learned additional sessions judge, ahmedabad (rural) at himat-nagar, acquitting the original accused of an offence under section 16(1) of the prevention of food adulteration act, 1954.2. the prosecution case, shortly stated is that on 18th april 1960 at about 2 p. m. the respondent gandhi jayantilal sakalcband (who ..... this authority that the complaint in that particular case was made by the food inspector. the case is therefore, not ..... the case of city corporation of trivandrum v. v. p. n. arunaehalam reddiar reported ia : air1960ker358 . in that case, the commissioner of the corporation of trivandrum who was the executive officer of a local authority authorised the food inspector to prosecute all offenders under the prevention of food adulteration act and it was on .....
Tag this Judgment!Court : Gujarat
Reported in : (1967)8GLR500
..... the municipal commissioner, and therefore, the discretion conferred on the municipal commissioner is an unreasonable restriction on the right to hold property;(f) the corporations act does not provide for any hearing by the commissioner for fixing compensation or betterment charges and thus this constitutes unreasonable restriction on the aforesaid right ..... proviso aforesaid. after this variation, the municipal commissioner issued a notice to that petitioner under section 212, sub-section (1), clause (b), of the corporations act. that petitioner filed objections which were overruled. the deputy municipal commissioner then issued another notice under sub-section (2) of section 212, calling upon ..... kind are now included in the expression 'property taxes' by virtue of an amendment introduced by the gujarat amendment act xix of 1964. sub-section (2) of section 127 confers power upon the corporation to impose certain other taxes specified in clauses (a) to (e) and 'any other tax which the state .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1968Guj88; (1967)8GLR588
..... authority would not accord sanction if sharma was not a duly appointed food inspector. the fact that the medical officer of health of the ahmedabad municipal corporation is the sanctioning authority has not been challenged in the cross-examination of sharma in his has deposed ..... is evidence to indicate that sharma is a duly appointed food inspector. in the complaint exh. 1 he has described himself as the food inspector. the complaint is endorsed by the sanctioning authority namely the medical officer of health of the ahmedabad municipal corporation. it is not unreasonable to assume that the sanctioning ..... food inspector could be prosecuted for an offence under section 19(9) of the act. therefore, these provisions provide for a built-in guarantee against tampering between the taking of the sample and its analysis by the public analyst. mr. thakore argues that a similar argument was advanced before mehta j in criminal appeal nos. 467 and 581 of 1964 .....
Tag this Judgment!Court : Gujarat
Reported in : 1968CriLJ829; (1967)GLR768
..... for on that depends the decision of the case, inasmuch the report then remained supersedes the report of the public analyst under the act.3. it was, however, urged by mr. desai by reference to a case of municipal corporation of delhi v. ghisa ram. criminal appeal no. 194 of 1966, d/- 28.11.1966 reported in : 1967crilj939 , that as ..... be any justification to order him to produce the sample bottle and allow him to suffer without having the third sample bottle being sent to the director of the central food laboratory. the learned magistrate also appears to think that since the accused denies to have sold any such vegetable oil, he is no longer an accused-vendor and ..... of ma analysis in respect thereof. now it appears obvious that the legislature has clearly intended to have one - additional sample made out from any such food-item purchased by the complainant under the act and it has to be retained by the complainant. that retention is for a purpose-viz., that if a complaint is to be lodged, he .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1968Guj80
..... of the ahmedabad municipal corporation. having come to know that the first opponent was carrying on the business of storing and selling 'papad' an article of food prepared from 'adad-dal' flour without obtaining the necessary sanction, filed a compliant for the offence punishable under section 16(1)(a)(ii) of the act. the opponent no. 1 who is the ..... at the stage of previous publication and the state of gujarat for other stages. in the decision of sidhpur electric industrial co. ltd. v. state of gujarat, ilr (1964) 5 guj 647, this court had a similar situation to tackle. in the said case, question of application of section 89 of the bombay reorganisation ..... was whether the licence in favour of the sidhpur electric company granted by the state of baroda under the baroda electricity act of samvat year 1964 did or did not become a licence within the meaning of the indian electricity act 1910 after the merger of baroda state. the contention on behalf of the sidhpur electricity co. was that the .....
Tag this Judgment!Court : Gujarat
Reported in : [1969]24STC180(Guj)
..... refreshments supplied to its members. the supreme court held in that case that a co-operative society registered under the madras co-operative societies act, 1932, is by virtue of section 20 of that act a body corporate with perpetual succession and a common seal, and with power to hold property, to enter into contracts, to institute and defend suits ..... defined as a person carrying on the business of selling goods in the state. reiterating the aforesaid observations in the state of andhra pradesh v. abdul bakshi and bros., ([1964] 15 s.t.c. 644.) their lordships observed at page 5 :- 'to regard an activity as business there must be a course of dealings, either actually continued or ..... rules, a scheme may be devised under which the goods supplied may be treated as belonging to the members of the society, and the society merely acts as an agent in supplying the food to its members, need not be considered in the present case. it will suffice to state that it cannot be urged as a proposition of .....
Tag this Judgment!