Court : Gujarat
Reported in : (1997)2GLR1745
..... of its source, has never been exercised against the sister ship, that the concept of sister ship and her arrest was introduced for the first time statutorily in england under english administration of justice act, 1956, that the said concept was similarly statutorily introduced in some other countries which were the members to brussels convention of 1952 but that india is not a signatory to the same and that too ..... 3 of international convention relating to the arrest of seagoing ships signed at brussels on may 10, 1952.i, hereinabove have said that, over & above the statutory law of this country i can definitely have a look at the maritime law under foreign statutes and common law is accepted at international level and that, i can also have a look at the brussels convention though india does not happen to be a signatory to the said convention ..... i, if, amidst these rival contentions and a protracted debate full of details, prefer to express my opinion, both being concise and yet precise i must say that, provided, i come to the conclusion that the merchant shipping act, 1958 is not a self-contained code, taking care of very many eventualities occurring in wide and complex shipping business and that the provisions contained in sections 443 and 444 thereof are not the reporsitory of ..... . thus, i shall have to say that the provisions contained under section 443 and 444 of the merchant shipping act, 1958 cannot be said to be the respository of the powers of arrest of a foreign ship .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)1GLR72
..... dealer shall outside india purchase or otherwise acquire or borrow from, or sell, or otherwise transfer or lend to or exchange with, any person not being an authorised dealer, any foreign exchange:provided that nothing in this sub-section shall apply to any purchase or sale of foreign currency effected in india between any person and a money-changer.explanation: for the purposes of this sub-section, a person, who, deposits ..... respondents nos.1 & 3 have tried to establish, prima facie, that chimanbhai @ jayantibhai kapadia, who is not an authorised person to deal in foreign exchange, is involved in illegal business of foreign exchange with his associates contrary to the provisions of the fera, or in the activity of the company or the officers of the company including the petitioner ..... or section 36 or section 37 or under requisition or summons under section 39 or section 40, any officer of the enforcement department, if has reason to believe that the documents would be evidence of contravention of any of the provisions of the act or of any rule framed thereunder, and it would be necessary to retain the documents in his custody, then such officer can retain such documents (including ..... case of the petitioner is scanned it can be said that his act of handing over of foreign currency to his uncle was at his risk and anything wrong immediately ..... issued by the rbi vide its power under section 7 of the foreign exchange regulation act, 1993 (46 of 1993) (hereinafter referred to as 'the fera') .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)2GLR1233
..... on patrol duty had received information that one popatbhai gohil was involved in sale of country made liquor and indian made foreign liquor and on that basis, a prohibition raid was carried out, but no fir is filed against any popatbhai gohil or even against parbatbhai gohil, who is the husband of councillor meenaben ..... the municipality on 8.11.2005 at 1.00 pm.the fifth respondent has produced a statement indicating the offences registered against pratapbhai r gohil, husband of councillor meenaben gohil under the bombay prohibition act, but the police officers have not shown a single circumstance to show that councillors anilbhai patel and meenaben gohil would have escaped and avoided arrest if they were allowed to go inside ..... years.the allegations in the fir only constitute offences under section 66(1)(b) for which the maximum sentence is two years and accused premilaben named as accused in the fir under the prohibition act was arrested on 5.11.2005 and released on 6.11.2005 after having been granted bail by the magistrate.it is also relevant to note that it was stated in the fir that the police ..... gohil are non-cognizable bailable offences, the court is not inclined to accept this contention because the offence under section 68a of the copy right act is punishable for imprisonment upto three years and, therefore, in view of the provisions of schedule ii to the code of criminal procedure, 1973 the offence would be cognizable .....
Tag this Judgment!Court : Gujarat
Reported in : (1966)7GLR597
..... subjects which must be entirely regulated by the legislature itself from those of less interest in which a general provision may be made and power given to those who are to act under such general provision to fill up details, the author points out that the resulting judicial dilemma, when the american courts finally were squarely confronted with delegation cases, was resolved ..... government or the state government, 'if it is satisfied with respect to any particular person that with a view to preventing him from acting in any manner prejudicial to the defence of india and civil defence, the public safety, the maintenance of public order, india's relations with foreign powers, the maintenance of peaceful conditions in any part of india, the efficient conduct of military operations or the maintenance of supplies and ..... makhan singh's case was that the contravention of articles 14, 21 and 22 (4), (6) and (7) of the constitution of india in the ordinance and the act was so flagrant that it was not open to the president to issue an order preventing the detenues from challenging the validity of the aforesaid statutory provisions. ..... are furnished or no-opportunity is given for explanation within a reasonable period of time, then the detenu will have a right to immediate release if he happens to be detained under the preventive detention act; but if he happens to be detained under the act, he will not be able to move the court for the relief of release on account of the presidential order. .....
Tag this Judgment!Court : Gujarat
..... examined the rival contentions and according to us the following issues fall for consideration in this matter:- (i) whether the insertion of the explanation to section 80-ib(9) of the income tax act, 1961 by finance (no.2) act, 2009 with retrospective effect from 1.4.2000 explaining the meaning of the term "undertaking" is unconstitutional and ultra vires to article 14 of the constitution of india? ..... call it liberalization, privatization and globalization policy to ensure that india is in the process of restructuring her economy, with expressions of elevating and speeding up her economic development, in which the foreign direct investment is playing a major role in rapid economic growth and we are on the fast track to prosperity. ..... of property may also cause serious concern in the area of foreign investment, especially in the context of international law and international investment ..... the government invited foreign company to india including domestic companies by issuing global tender by opening up foreign direct investment, in the field of exploration of mineral oil and gases, under the psc, where the petitioner was to carry on the exploration, development and production of mineral oil and ..... petitioners are foreign and domestic companies ..... after the foreign investors entered india and apart from other sectors, they also participated in exploration, discovery and commercial production of mineral oil and gases, the finance minister in his speech under the pretext of clarification, .....
Tag this Judgment!Court : Gujarat
..... examined the rival contentions and according to us the following issues fall for consideration in this matter:- (i) whether the insertion of the explanation to section 80-ib(9) of the income tax act, 1961 by finance (no.2) act, 2009 with retrospective effect from 1.4.2000 explaining the meaning of the term "undertaking" is unconstitutional and ultra vires to article 14 of the constitution of india? ..... call it liberalization, privatization and globalization policy to ensure that india is in the process of restructuring her economy, with expressions of elevating and speeding up her economic development, in which the foreign direct investment is playing a major role in rapid economic growth and we are on the fast track to prosperity. ..... of property may also cause serious concern in the area of foreign investment, especially in the context of international law and international investment ..... the government invited foreign company to india including domestic companies by issuing global tender by opening up foreign direct investment, in the field of exploration of mineral oil and gases, under the psc, where the petitioner was to carry on the exploration, development and production of mineral oil and ..... petitioners are foreign and domestic companies ..... after the foreign investors entered india and apart from other sectors, they also participated in exploration, discovery and commercial production of mineral oil and gases, the finance minister in his speech under the pretext of clarification, .....
Tag this Judgment!Court : Gujarat
Reported in : (1997)3GLR1984
..... arbitral proceedings are dealt with under the indian arbitration act, 1940 only consequently what could have been saved is any proceedings initiated under the old act and continued at the time of commencement, 1937 and 1961 foreign awards acts refer to availing the fruits of accrued right only ..... therefore, in order to recognise foreign awards and its enforceability, two enactments were in force : (i) foreign awards (recognition and enforcement) act, 1961 based on the convention for the recognition and enforcement of foreign arbitral awards executed at new york in the year 1958, and (ii) arbitration (protocol and convention) act, 1937, based on geneva convention making foreign arbitral awards binding to the signatory countries to ..... (1) the arbitration (protocol and convention) act, 1937 (6 of 1937), the arbitration act, 1940 (10 of 1940) and the foreign awards (recognition and enforcement) act, 1961 (45 of 1961) are hereby ..... (protocol and convention) act, 1937, the indian arbitration act, 1940 and the foreign awards (recognition and enforcement) act, 1961 are repealed. ..... both these acts refer to the effect of foreign award, and procedure for execution in india and its recognition as an award passed by domestic tribunal giving shape of decree and making enforceable, fulfilment of conditions before enforcement of foreign award and the evidence to be produced by the parties for arriving satisfaction qua enforceability and shaping foreign award as a decree of civil court for the purpose .....
Tag this Judgment!Court : Gujarat
Reported in : 1996(81)ELT453(Guj); (1995)1GLR518
..... should be tampered with mercy and while awarding sentence also as far as possible, the attending circumstances of the accused should be separately taken into consideration but in a gross case like the present one, wherein foreigners are involved in anti-national activities and found to be involved in the rising tide of smuggling activities of worth more than six crores of rupees, it is always wiser and, therefore, advisable in overall ..... of offences and its ultimate fall-out on the society and accordingly resolves himself to come down heavily upon such anti-national elements more particularly when the accused involved are the foreigners and found to have been involved in smuggling contraband goods worth more than rupees six crores fifty lacs, it is indeed not at all possible to control the ever-escalating crime ..... wong ah boo, asmi firmanto, sumhadi bin maoris who came to be tried for the alleged offences punishable under section 135(1)(a), 135(1)(b), 135(1)(i) of the customs act, 1962, under section 5(1) of the imports and exports (control) act, 1947 and under section 120(b) read with section 34 of the indian penal code, on their pleading guilty to the charge were convicted for the same and sentenced ..... worth more than rupees six and half crores seized from the foreign vessel where accused on their own statements under section 108 of the customs act were involved, which but for the secret tip-off would not have been caught at all; (iii) that the experience of last several years to .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1986Guj62; (1986)1GLR77
..... any such question in the present case but i am referring to this decision of the supreme court because it was submitted before the supreme court that looking to the purpose and object behind enacting the foreign awards act, 1961, viz to give effect to the convention, section 3 must be construed as contemplating even a case where there was only an arbitration agreement, in force between the parties but where there was no actual reference to arbitration and ..... the learned single judge of the delhi high court referred to the corresponding provisions of the arbitration act, 1940 (indian statute) and those of the foreign awards act, 1961 and also those of the arbitration (protocol and convention) act, 1937 which was the act in force for enforcement of foreign awards prior to the coming into force of the foreign awards act, 1961 because the application by judging wunsche was filed alternatively under the corresponding provisions of the above said ..... bearing on the question under consideration and as such decisions on similar or analogous provisions contained in the arbitration act may not help in deciding the issue arising under the foreign awards act because just as the arbitration act, 1940 is a consolidating enactment governing all domestic awards the foreign awards act constitutes a complete code by itself providing for all possible contingencies in relation to foreign awards made pursuant to agreements to which article ii of the convention applies,'these observations, at the first .....
Tag this Judgment!Court : Gujarat
Reported in : 1985ACJ867; AIR1984Guj69
..... and in any case their lordships cannot accept that as the true -view'.the aforesaid decision clearly lays down that even for the act of third parties, the person carrying or storing dangerous object on his premises would be responsible if it escapes because of the act of third parties if the person storing dangerous object is not careful enough about its, consequences and does not exercise due can ..... public officer can be required to give a certified copy of the public document, it must be shown that the concerned document is a document forming the acts or records of the acts of the sovereign authority, of officials bodies and tribunals and of public officers, legislative, judicial and executive of any part of india or of the commonwealth or of a foreign country or a public record kept in any state of private documents. ..... . the defence of the defendants was that the plaintiffs were not liable to pay damages to the cinema company and the act of the defendants was that of independent contractors and if any damage was caused to the company, the plaintiff was nowhere in the picture for meeting the claim ..... defendants; the independent contractors whom the plaintiffs had appointed for taking photographs: -'it is well established as a general rule of english law that an employer is not liable for the acts of his independent contractor in the same way as he is for the acts of his servants or agents, even though these acts are done in carrying out the work for his benefit under the con-tract .....
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