Court : Gujarat
Reported in : AIR1986Guj62; (1986)1GLR77
..... 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 ..... the question as to which court will have jurisdiction to entertain the application for filing an award under section 5(l) of the foreign awards act will have, therefore, to be decided with reference to the provisions of the code of civil procedure which governed the procedure in this country because section 5(l) of the foreign awards act simply says that the award may be filed in the court having jurisdiction over the subject matter of ..... do not disclose such a case so far as the jurisdictional aspect is concerned, but this being a pure question of law to be decided on interpretation of the provisions of the foreign awards act and particularly, section 5 of the said act, i have allowed him to make submissions in this regard and have fully heard the teamed counsel appearing in this revision application.5. ..... action could not be commenced in england in the name of a dead man, even though this was possible ..... laws of liberia, the original petitioner, by an agreement dated 24-2-1981 sold a vessel named 'saudi cloud' to m/s orri navigation lines of saudi arabia, jeddah (original respondent no .....
Tag this Judgment!Court : Gujarat
Reported in : (1997)3GLR1931
..... gehani learned counsel appearing for the department submits that the learned magistrate has failed to consider that the essential ingredients of the offence under section 9 of the foreign exchange regulations act is - omission to take permission for payment from the reserve bank of india for the state of gujarat, which is situated at ahmedabad. ..... in order to appreciate the controversy raised, it would be convenient to get acquaintance with the relevant provisions of the foreign exchange regulations act, 1973.section - 9 : restrictions of payments:(1) save as may be provided in and in accordance with any general or special exemption from the provisions of this sub-section which may be granted conditionally or unconditionally by the reserve bank, no person in or resident in, india shall -(a) make any payment to or for the credit of any person resident outside india;(b) receive, otherwise than through ..... 1 should contact few of his reliable friends and relatives, on whose names the booking of the flats could be made to avoid the requirement of obtaining prior permission of the reserve bank of india under the foreign exchange regulations act, 1973 (f.e.r.a. ..... thus, 44 flats though booked in the name of persons given by the accused no. ..... 1 jayantibhai to book flats in the names of his relatives and friends in presence of narottambhai and accused no. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1963Guj226; 1963CriLJ265; (1963)0GLR1073
..... discuss the above points for determination, it is necessary to bear in mind the provisions of section 9 of the foreigners act, 1946, which reads asunder:'if in any case not falling under section 8 any question arises with reference to this act or any order made or direction given thereunder, whether any person is or is not a foreigner or is or is not a foreigner of a particular class or description the onus of proving that such person is not a foreigner or is not a foreigner of such particular class or description, as the case may be, shall, notwithstanding anything contained in the ..... this section also doesnot prohibit the use in court of the fact that theproper, authority namely the central governmenthas determined under section 9(2) of the citizenship act,'1955 that the accused has not voluntarily acquiredthe citizenship of another country between 26-1-50 and 13-10-1957. ..... the learned magistrate held that the accused before him, namely the present respondent was a citizen of india on the 'date of the constitution of india, having been born in india, that he had not migrated to pakistan before 26-1-1950, that the word 'migration' means making the place of ..... wit-ness akramulla, the head master of polan bazar urdu school has also deposed that the respondent's name was entered: at section r. no. ..... namely birth, descent, registration, naturalisation, etc. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1983Guj34; (1983)1GLR292
..... entered into a contract containing an arbitral clause as its integral part should not be assisted by the court when it seeks to resile from it and particularly having regard to the mandatory provisions contained in section 3 of the foreign awards act the court is bound to make an order staying the proceedings unless it is satisfied that the agreement is null and void, inoperative or incapable of being performed or in fact there is no dispute ..... notice of motion was taken out by the learned advocate of 1st and fourth defendants for stay of the suit and proceedings under section 3 of the foreign awards (recognition and enforcement) amendment act, 1973 (hereinafter referred to for the sake of brevity as foreign awards act) on the ground that there was an arbitral clause in the chartered party contract entered into between the 1st plaintiff and the first ..... reference to arbitration is for purposes of obtaining award and enforcing it against the party held liable under it, and if the award to be made by a foreign arbitrator is to be made enforceable, it must be a foreign award as denned under the parent act, which by section 2 prescribes that it must be an award on differences between persons arising out of the legal relationship considered as commercial under the law in force in india ..... two questions arise before me for determination, namely, (1) whether the conditions specified in section 3 of the foreign awards act are satisfied and (2) in case they are satisfied, is it open to the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1987Guj90; 1987(11)ECC336; (1987)2GLR685
..... government, or any officer of a state government, not below the rank of a secretary to that government, specially empowered for the purposes of this section by that government may, if satisfied, with respect to any person (including a foreigner), that, with a view to preventing him from acting in any manner prejudicial to the conservation or augmentation of foreign exchange or with a view to preventing him from - (i) smuggling goods, or (ii) abetting the smuggling of goods, or (iii) engaging in transporting or concealing or keeping smuggled goods, or (iv) ..... first part in its unamended form.the present reference is only for a limited purpose of giving an opinion as to whether when a declaration under section 9(1) of the conservation of foreign exchange and prevention of smuggling activities act, 1974 is found to be bad on any ground, the original' detention under section 3(1) unaided by such declaration also falls to the ground and the detenu is required to be released, even though the detenu has not undergone detention for a period of one year which ..... of any person detained under the detention order to which the provisions of sub-section (1) of section 9 apply, the powers of the advisory board and its report are regulated as under:as far as clause (a) of section 8 is concerned, there is no change. ..... of this case for the purpose of appreciating the reference are as follows:the petitioner in the special criminal application is the wife of the detenu by name chandrakant ishwarlal acharya. .....
Tag this Judgment!Court : Gujarat
Reported in : 1986CriLJ1888
..... government, or any officer of a state government, not below the rank of a secretary to that government, specially empowered for the purposes of this section by that government may, if satisfied, with respect to any person (including a foreigner), that, with a view to preventing him from acting in any manner prejudicial to the conservation or augmentation of foreign exchange or with a view to preventing him from -(i) smuggling goods, or(ii) abetting the smuggling of goods, or(iii) engaging in transporting or concealing or keeping smuggled goods, or(iv) ..... first part in its unamended form.the present reference is only for a limited purpose of giving an opinion as to whether when a declaration under section 9(1) of the conservation of foreign exchange and prevention of smuggling activities act, 1974 is found to be bad on any ground, the original detention under section 3(1) unaided by such declaration also falls to the ground and the detenu is required to be released, even though the detenu has not undergone detention for a period of one year which ..... of any person detained under the detention order to which the provisions of sub-section (1) of section 9 apply, the powers of the adyisory board and its report are regulated as under:as far as clause (a) of section 8 is concerned, there is no change. ..... of this case for the purpose of appreciating the reference are as follows:the petitioner in the special criminal application is the wife of the detenu by name chandrakant ishwarlal acharya. .....
Tag this Judgment!Court : Gujarat
Reported in : (1975)16GLR675
..... has the same meaning as in clause (39) of section 2 of the customs act 1962 and all its grammatical variations and cognate expressions shall be construed accordingly.by section 4 of the said ordinance in section 3 of the principal act in sub-section (1) after clause (b) the following clause (c) has been inserted:(c) if satisfied with respect to any person (including a foreigner) that with a view to preventing him from acting in any manner prejudicial to the conservation of foreign exchange or with a view to preventing him from-(i) ..... the part of the detenu to account for the goods of which he was in possession through his employes as to the source of acquisition, namely, the consignor in the particular case of the name and address of consignee, has been rightly relied upon by the detaining authority to reach the conclusion that the detenu was indulging in the ..... taiyab mama suratwala, bombay' the customs authority had in its possession information to the effect that the said firm was engaged in smuggling of goods and that it used to do it by showing fictitious names of consignors and consignees and without mentioning the full address of the said consignors and consignees on the relevant documents of parcels. ..... must be satisfied in order to uphold the detention order is whether on these grounds the detaining authority could have reasonably reached the conclusion, which he did in the present case, namely, that it was the detenu who was indulging in the smuggling of prohibited goods. .....
Tag this Judgment!Court : Gujarat
Reported in : (1997)3GLR1984
..... the object of making provisions can be further culled out from sub-section (2) of section 47 which says that if the award or agreement referred in sub-section (1) is foreign then the party seeking to enforce the award shall produce a translation into english certified as correct by a diplomatic or consular agent of the country to which that party belongs or certified as correct in such other manner as may be sufficient ..... sanjanwala, learned advocate for the respondent, has argued that the powers of the joint district judge are co-extensive and concurred with that of the district judge as defined under section 12 of the bombay civil courts act, therefore, shall also be construed as the principal court of original civil jurisdiction and shall have jurisdiction to entertain execution. 26. ..... it says that any foreign award which is enforceable shall be treated as binding for all purposes on all persons between whom it was made and may accordingly be relied on by any of those persons by way of defence, set off or otherwise in any legal proceedings in india in any reference unless the court is not satisfied about enforceability under section 48 of the act. ..... according to him a foreign award is not a decree and cannot be executed straightway unless tested on the anvil of the provisions of sections 47 48 and 49 of the act. 17. .....
Tag this Judgment!Court : Gujarat
Reported in : 2001(77)ECC207; 2002(139)ELT540(Guj); (2001)3GLR2395
..... for the purpose of this section - (a) 'rate of exchange' means the rate of exchange - (i) determined by the central government, or (ii) ascertained in such manner as the central government may direct, for the conversion of indian currency into foreign currency or foreign currency into indian currency; (b) 'foreign currency' and 'indian currency' have the meanings respectively assigned to them in the foreign exchange regulation act, 1973 (46 of 1973 ..... behalf of the petitioners, it is contended that if power to issue such standing orders or directions are held to be authorised by provisions of section 151a of the act, then the said section is ultra vires the constitution, being violative of article 14 of the constitution of india. ..... in these writ petitions, a common challenge is made to the constitutional validity of section 151a of the customs act, 1962 (for short 'the act') and three circulars described as standing orders issued thereunder by the chief commissioner of customs, mumbai, directing the method to be followed for valuation of plastic items, non-ferrous metal scrap, polyester chips, ..... it is also submitted that such standing orders issued are clearly in contravention of section 14 of the act and the rules which elaborately lay down the method of valuation of goods for assessment ..... for deciding the question of validity of the provisions of the act and the standing orders, relevant provisions contained in section 14, rules 3 and 4 of the valuation rules, 1988 are required .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)1GLR346
..... sections 25(1)(d), 25(1)(a), 25(1aa) of the arms act; sections 13(2) and 14 of the foreigners act; sections 4(b), 5 and 6 of the explosive substances act, 1908,rules 3 and 6 of the indian passport rules, 1959 (entry into india), paragraph 3 of the criminal law amendment 1961, paragraph 3 of the indian foreigners (report to police) orders, 1971 and sections 3 and 6(1) of the indian wireless and telegraphs act ..... as per further case of the prosecution, shahnawaz abdulgafur bhatti, resident of nalowala, punjab, pakistan and member of a terrorist organization named lashkar-e-toiba, and along with him his three accomplices-pakistani intruders under the guidance of lashkar-e-toiba and with the intention of actually waging war in india and with a view ..... baval bushes shown by him and found the suspicious looking individual and upon inquiring about his name and whereabouts, he informed that his name was mazzamil hussain abdul gafur, resident of mugang chowky, lahore, pakistan. ..... the prosecution that during the course of interrogation of the pakistani intruder it was revealed that his real name is shahnawaz abdulgafur bhatti, aged 19 years, resident of nalowala, district hafizabad punjab, pakistan.3.6. ..... thereafter he had divulged information to the effect that his name was muzzamil hussain gurjar, aged 21 years, resident of ..... (xi) during the course of investigation, the real name of the accused was revealed that in fact the accused is shahnawaz abdulgafur bhatti, a pakistani intruder, and a .....
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