Court : Gujarat
Reported in : AIR1961Guj73; (1961)GLR117
..... the industrial undertaking or undertakings and fixing the standards of production;(b) requiring the industrial undertaking or undertakings to take such steps as the central government may consider necessary to stimulate the development of the industry to which the undertaking or undertakings relates or relate;(c) prohibiting the industrial undertaking or undertakings from resorting to any act or practice which might reduce its or their production, capacity or economic value;(d) controlling the prices, or regulating the distribution, of any ..... to us to decide also the other grounds on which the order was challenged by the petitioners inasmuch as the questions raised in those grounds were of general importance and likely to arise frequently and it would save considerable future litigation both in regard to this matter as well as other matters if these questions were decided by us and the law relating to these questions was finally settled and laid down by us. ..... question whether the industrial undertaking is being managed in a manner highly detrimental to the scheduled industry concerned or to public interest; in such a case it is difficult to see how the investigation could possibly instruct the mind of the government as regards the question whether the industrial undertaking is being managed in a manner highly detrimental to the scheduled industry concerned or to public interest or afford any oppnrtunity to the owner of [he industrial undertaking to explain the circumstances relating .....
Tag this Judgment!Court : Gujarat
Reported in : 1962CriLJ417; (1961)GLR717
..... factories receives information regarding the commission of an offence, it does not necessarily mean that he acquires knowledge that the offence has been committed if he does not believe the information to be correct or wants to verify the truth before acting upon it, he does not treat it as knowledge and it is only when he verifies the information by visiting the factory and finds that in his opinion an offence has been committed that' he can be said to have acquired knowledge of ..... on behalf of the respondent, however, argued that even though there might be contravention of the provisions of section 63, the respondent could not be held guilty of an offence under section 92 inasmuch as the respondent had no mens rea had acted in good faith under the bona fide impression that he was not committing any breach of the provisions of section 63 so long as he paid extra wages for overtime work to the workers under section 59 ..... . the non-obstinate clause in section 70 thus serves the purpose of clarifying the position that the factories act is made applicable to employees in factories and that they are not governed by any of the provisions of the act ..... nanavaty, the learned assistant government pleader appearing on behalf of the state, attacked the orders of acquittal passed by the learned magistrate on the ground that they fire based on a misconstruction of the provisions of the factories act. ..... the factory of the company is situate in jamnagar and is governed by the provisions of the factories act. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1961Guj93; (1961)2GLR1
..... contention, which we shall examine later in our judgment, is that the order of acquisition is bad and inoperative as the require ments of chapter vii of the act relating to acquisition of land for companies have been materially disregarded the relevant part of that agreement may be stated: 'whereas the principal objects for which the company is established are inter ..... large and valuable foreign exchange would be saved if the lands are acquired to enable the company to expand its activities and operations in the matter of manufacture and marketing of the large number of preparations details of which were given in the further affidavit filed on behalf of the company and also on the fact that the central government has the power to fix the price ..... the lands of the petitioner were acquired by a notification issued under the provisions of the orissa development of industries, irrigation, agriculture, capital construction and resettlement of displaced persona (land acquisition) act, 1948, for the project of 'establishment of a paper mill' by a company, it was held that acquisition of the land for a private concern whose sole aim was to make ..... comment has been directed before us on the contents of that agreement for the purpose of showing that the order of acquisition made by the notification under section 6 of the act made on 3-6-1960, and on which the respondents in the main rest their case, was not made for any public purpose but only for a 'company' and the .....
Tag this Judgment!Court : Gujarat
Reported in : (1960)1GLR233
..... upon certain observations from maxwell on the interpretation of statutes, 10 edition page 381 where it is observed:where the prescriptions of a statute relate to the performance of a public duty and where the invalidation of acts done in neglect of them would work serious general inconvenience or injustice to persons who have no control over those entrusted with the duty without promoting the essential aims of the legislature such prescriptions seem to be generally ..... as the period of default should be reckoned from the 1st of april and not from march 26, 1959, the date of the meeting when she first remained absent and; (3) that section 15 of the act contemplated that there must be meeting held in each of the four successive moths and in which meetings she must remain absent in order to constitute failure or default within the meaning of that subsection. mr. ..... in that case by the 1894 act section 46(6) which is incorporated in london government act, 1899, by section 2(5), so far as it related to the offices of a mayor and an alderman if a member of a council for a parish or district were to be absent from meetings of the council for more than six months consecutively except in certain ..... clear that neither of the two sections can be legitimately construed from the point of view of saving that disability or on considerations extraneous to the object for which they were enacted. ..... the president has failed to carry out his public duty such failure would save the disability of a councillor. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1961Guj51; (1960)GLR267
..... section 22 enacts an important provision which authorises the central government, from time to time, by notification, to fix tariff ..... of that section relevant for our purpose states that goods chargeable to duty may, prior to the examination thereof, fee permitted by the customs-collector to be assessed for the purposes of the act on the basis of the statement contained in the bill of entry or shipping bill, as the case may be. ..... in eyery case contemplated by the section, the action of the authorities would be an unilateral act although of course there is nothing to prevent them from seeking all information that may be relevant for enabling them to make adequate and ..... a closer analogy, if indeed analogy is to be resorted to, is furnished by certain provisions in the income tax act, for instance section 33a, which speaks of an order which has been made more than one year previously, that section relates to the power of revision ..... another instance of the like nature is furnished by section 33b of that act and which relates to power of commissioner to revise income-tax officer's orders and the period of limitation there prescribed is two years 'from the date of the order sought to ..... in express terms he stated -- 'i demand under section 39 of the sea customs act, 1878 (viii of 1878) that the said amount be paid within fifteen days from the date of ..... , it is urged that the notice of demand under section 39 of the act is not a final demand and must be read as containing merely a provisional .....
Tag this Judgment!Court : Gujarat
Reported in : (1960)1GLR163
..... any appeal under this chapter may be admitted after the period of limitation prescribed therefore when the appellant satisfies the officer or the state government to whom or to which he appeals that he had sufficient cause for not presenting the appeal within such period.no appeal shall lie against an order passed under this section admitting an appeal ..... one question which arises for our determination on this petition is as to the interpretation of section 76a of the tenancy and agricultural lands act and the scope and ambit of the powers of the collector when he decides to act suo motu under that section and to call for the record of any inquiry or proceeding of any mamlatdar for the purpose of satisfying himself as to the legality or propriety of any order passed by the ..... (2) save as otherwise provided in this act the provisions of chapter xiii of the bombay land revenue code 1879 shall apply to appeals to the collector under this act as if the collector were the immediate superior of the mamlatdar or the ..... however failed fully to appreciate that the collector had before the date of the filing of that belated appeal already decided to act suo motu in the matter and sent for the record of the case. ..... the collector in the exercise of his powers under section 76a however acted suo motu and called for the record and proceedings of the case some time prior to 2nd april ..... is not in dispute that the petitioner-tenant did deposit the amount in the state bank of india on 2nd september 1959.3. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1960Guj40; (1960)GLR82(GJ)
..... 30 relates only to the jurisdiction of the new high court in respect of those territories and, therefore, when part ix of the act of the legislature proceeds to enact 'legal and miscellaneous provisions', it lays down a rule relating to the extent and application in those territories of 'the law in force immediately before the appointed day' ..... 5 relates to certain saving powers of the state government. ..... moreover there is, in our opinion, sufficient intrinsic evidence to suggest that unless the legislature of the state of gujarat acting within its competence alters or changes any rule of substantive or procedural law by legislation, the hitherto in force in the territories now constituting the state of gujarat should continue to be applied in those territories as if there had been no reorganisation of ..... 3 is to bring into existence altogether a new state and there is nothing in any of the provisions of the reorganisation act which can be interpreted to mean that the entire law in force in the territories formerly constituting the state of bombay including decisions of the bombay high court is to continue to apply to the territories now constituting the state go ..... 87 read with some other sections of the bombay reorganisation act, 1960, is to make those decisions binding on this court ..... (5) section 87 of the reorganisation act, in our opinion, deals not merely with territorial extent of the new state but with territorial extent therein of laws in force immediately before the appointed day .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1960Guj1; 1960CriLJ1200
..... there can, however, be no doubt that to establish a defense on the ground on unsoundness of mind, the accused must affirmatively prove that at the time of committing the act the was laboring under such a feet overseen as not to know either the nature and the quality of the act that he was doing or if he did know it, he did not realizes that what he did know it, heeded not realize that what he was doing was either wrong or ..... (11) for his own security and that of others, we propose that the accused should be continued in jail until government gets him examined by the medical authorities the state and till he is found by them sufficiently fit to be ..... gedka goala, ilr 16 pat 333: (air 1937 pat 363), a decision relied upon by the learned assistant government pleader, it was held that a person is not entitled to exemption from criminal liability cases in which it is only shown that he is subject to insane impulse while he ..... (2) the learned assistant government pleder, however, submitted that these facts, assuming that the accused was suffering from these hallucinations, were in sufficient to constitute that an soundness of mind by reason of which the accused could be said to be incapable of knowing the nature of his act or that what he was doing was either wrong or contrary to lay, and that therefore the accused would not be entitled to the benefit of the general exception laid ..... case, he may kill child under an insane delusion that he is saving him from sin and sending him to heaven. .....
Tag this Judgment!Court : Gujarat
Reported in : 1955CriLJ839
..... a police officer from investigating a non-cognizable offence, unless authorised by an order of a competent magistrate, and if the police investigates such offence without a valid order, they act without jurisdiction and a report submitted on such investigation is, in our opinion not a report upon which the magistrate can validly take cognizance of the offence under section 190, criminal ..... thus not a valid order and the entire investigation was unauthorised.the ' learned assistant government pleader argued that the offence of extortion was 'committed as soon as the complainant was 'induced'' by-threats to deliver money and this had: already been accomplished ..... not committed at all if by the words 'induced to pay', the learned assistant government pleader means that the complainant had decided to pay bhanushanker any money. ..... c, and the entire trial is vitiated as without jurisdiction.the learned assistant government pleader argued that the irregularity, if any, was cured by section 537 ..... the state' : air1953cal226 , in which it was held that the failure to comply with the provisions of proviso to section 3, prevention of corruption act, was an illegality, the effect of which was that the entire proceedings, based on the chargesheet reported by the officer, who was not competent ..... between the petitioners and the complainant our short answer to this argument is that the complainant was at the time 'induced' to pay up in the sense in which the learned assistant government pleader means. .....
Tag this Judgment!Court : Gujarat
Reported in : 1953CriLJ503
..... general that the time limit was prescribed for the submission of the report by the advisory board, but once the report was submitted by the board, there was nothing to require the government to take action upon the report within a specified time, and that the government can, even after the expiration of three months from the date of detention, take action to confirm the detention order and to continue the detention. ..... submission of the report within ten weeks from the date of detention is directory, and not imperative, and that the government can confirm the detention order and continue the detention of the person even if the advisory board's report was made after the time limit of ten weeks, provided the government made the order in pursuance of the advisory board's report, before the expiration of three months from the date of detention ..... under section 11(1) of the act, the confirmation of the detention order and the continuance of the detention of the person concerned can only arise on a decision of the government on a report of the advisory board. ..... the advisory board's report has to be submitted before the expiration of the said three months because the detention of a person for a period longer than three months has not been permitted by the constitution, save on such report, and under clause (7), sub-clauses (a) and (b) of article 22.4. ..... dealing with the same subject lord campbell observed in - liverpool borough bank v. .....
Tag this Judgment!