Court : Gujarat
Reported in : (1993)1GLR853
..... taking gratification other than the legitimate remuneration in respect of the office was very much on the statute.13. despite this fact and further still though the corruption act is in operation since last about 45 years, sometimes, it is alleged that the same has not been able to achieve the desired result by making effective dent ..... prosecution story in the exact manner before the court by committing some error here and there. it should not be forgotten that the said truck driver was asked to act as a decoy-witness, for him quite unexpectedly, not only that but his evidence before the court also came to be recorded after four years !! under these circumstances ..... were illegally collecting money in the name of ''entry fees' from the truck drivers plying their vehicles on the highway and passing by bhagpura, kuha, kunjad and narol circle. acting on this tip-off, p.i.-mr. desai decided to arrange the trap and in the process, on 24-5-1988 requisitioned the services of two panch witnesses, viz .....
Tag this Judgment!Court : Gujarat
..... of the fact that when public road or street is sought to be discontinued or closed, public is likely to be effected, the sarpanch or chairman acting on behalf of gram panchayat etc. is enjoined by the proviso to subsection (2) of section 96 to issue notice to them. it specifically enjoins the sarpanch or the chairman ..... issued by the taluka development officer. according to which statement, village zarpara had total of 9089 animals which included 4477 cows and 4396 buffaloes in the year 2007-2008. as against number of cattle, available gauchar land before resumption was 2840 acres and after resumption, area of gauchar land remaining with village panchayat is 1840 acres. ..... sarpanch, panchayat adopted a resolution of 14.3.2007 in favour of resumption of gauchar land by the state government. 5. in special civil application no.7254/2008 also same decisions and actions of the state authorities are under challenge. this petition is also filed by the residents of village zarpara in the nature of .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)2GLR997
..... examined witness hasmukhbhai patel at exh. 48. as revealed from the evidence of first informant chandrikaben, hasmukhbhai was requested to go to matrimonial home of hina and to act as a mediator because he happened to be common relative of both the sides. according to hasmukhbhai, he went to vidhyanagar and at that time, only accused no ..... that in the absence of necessary ingredients under section 304-b of the ipc, the presumption of dowry death as envisaged in section 113-b of the evidence act cannot be attracted. considering the overall evidence in the instant case, as discussed at length above, the prosecution evidence reveals that hina was subjected to ill-treatment ..... soon before her death. it was, therefore, held that the prosecution failed to establish such important aspect of the matter and therefore, presumption envisaged under the evidence act cannot be drawn. we need not repeat here the entire above discussions, but suffice it to say that in the case on hand, there is clear, cogent .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)4GLR3022
..... action was taken in good faith. it was stated that on 30th september, 1999/ 1st october, 1999, applications were received from sarpanchs of ghodadara group gram panchayat and vasvel group gram panchayat requesting the range forest officer, vadodara to capture 2-3 leopards who were killing animals. similar application was made by several persons complaining that leopards ..... such occasion arises;15. in the facts and circumstances, we issue the following directions:(1) no wild animal specified in schedule i of the wild life (protection) act, 1972 shall be hunted or cause to be hunted unless such wild animal has become 'dangerous to human life' or is 'so disabled or diseased as to be ..... hence, are not believable and cannot be accepted.14. at the same time, however, with a view to ensure that in future, the provisions of the act are observed in letter and spirit and no animal specified in schedule i is captured except in accordance with law, we consider it appropriate to issue certain directions .....
Tag this Judgment!Court : Gujarat
..... comprising of revenue villages or groups of revenue villages or hamlets forming-parts of revenue villages or other administrative units or parts thereof are to be declared grams under the act, if the population of the local areas does not exceed 10,000 and nagars if the population of the local areas exceeds 10,000 but does not ..... of 2002, the learned single judge was of the opinion that the matter should be placed before a larger bench. consequently, sca no. 2274 to 2283 of 2008 and 8059 of 2009 came up for consideration before the division bench. while deciding the aforesaid matters, the division bench came to the following conclusion, vide paragraph 25 ..... earlier decision of the nagarpalika by which the 5th pay commission pay-scale was made applicable to the petitioners, the petitioners filed special civil application no. 11863 of 2008 before this court, and a division bench of this court disposed of the said petition by passing an order dated 2nd july 2009 inter alia observing as under:- .....
Tag this Judgment!Court : Gujarat
Reported in : (1997)2GLR923
..... be in existence.admittedly before selling this land to the petitioner the procedure as provided in the proviso to sub-section (2) of section 96 of the act has not been followed by the gram panchayat. in para 6 of the reply to the special civil application, respondent no. 1 stated that the land in question is situated on the eastern side ..... going to gomti ghat. public roads and streets are to be maintained as they are used by the public at large. it is true that sub-section (2) of the act empowers the gram panchayat to close public road or street, but the power can be exercised only subject to certain conditions laid down in the ..... act. the respondent gram panchayat had fallen in error merely because the petitioner had approached for sale of this land for religious purpose. the gram panchayat has not considered that the land is a public road or street and it is an amenity used .....
Tag this Judgment!Court : Gujarat
Reported in : II(1987)ACC80; AIR1988Guj13; (1987)1GLR559
..... the aforesaid judgment of the high court of australia comes very apposite in interpreting the words used by the provisions in s. i 10(l) of the act conferring jurisdiction on the tribunal for adjudicating claims for compensation in respect of accidents arising out of use of motor vehicles. that 'would, therefore, naturally mean ..... upon an examination of the aforesaid statutory provisions and the scheme of the enactment as projected by these provisions. that the claims tribunal constituted under the act is empowered to adjudicate upon all claims for compensation in respect of accident involving the death or the bodily injury to persons where the accident arises ..... jurisdiction of the ordinary civil court to entertain such claim% would automatically get excluded by joint operation of ss. 1100) and i 10-f of the., act. it at once becomes clear that the legislature while providing for exclusion of ' jurisdiction of ordinary civil courts in connection with adjudication (if claims from accidents .....
Tag this Judgment!Court : Gujarat
Reported in : [1983]143ITR823(Guj)
..... had applied for a mining lease on september 11, 1957, in respect of that land from the state government under the mines and mineral (regulation and development) act, 1948. the said company had carried out prospecting operations under the prospecting license granted to it and had got prepared a prospecting report dated november 9, 1963, ..... as required by the mines and minerals (regulation and development) act, 1957, and the mineral company succeeds in obtaining a mining lease in respect of the adjacent land bearing survey no. 30, it might have to fact stiff ..... furnish a copy of the prospecting report, data and other information to the assessee. now, s. 11(1) of the mines and minerals (regulation and development) act, 1957, lays down that where a prospecting license has been granted in respect of any land, the licensee shall have a preferential right for obtaining a mining lease .....
Tag this Judgment!Court : Gujarat
Reported in : (1983)34CTR(Guj)250; [1983]143ITR822(Guj)
..... had applied for a mining lease on september 11, 1957, in respect of that land from the state government under the mines and mineral (regulation and development) act, 1948. the said company had carried out prospecting operations under the prospecting license granted to it and had got prepared a prospecting report dated november 9, 1963, ..... as required by the mines and minerals (regulation and development) act, 1957, and the mineral company succeeds in obtaining a mining lease in respect of the adjacent land bearing survey no. 30, it might have to fact stiff ..... furnish a copy of the prospecting report, data and other information to the assessee. now, s. 11(1) of the mines and minerals (regulation and development) act, 1957, lays down that where a prospecting license has been granted in respect of any land, the licensee shall have a preferential right for obtaining a mining lease .....
Tag this Judgment!Court : Gujarat
Reported in : [1969]24STC107(Guj)
..... 'toilet articles'. the learned advocate-general traced the history right from the beginning in this connection of the corresponding entries. in the bombay sales tax act, 1946, item 6 of schedule i specified 'perfumery, cosmetic and toilet articles, except soap and other articles as may be specified by the provincial ..... . the other line of decisions has interpreted the expression 'toilet requisites' which would not at all be helpful in the interpretation of entry 21a of our act, where the legislature purposely does not use the expression 'toilet requisite' which is used in similar other legislations. 10. in deputy commissioner of commercial taxes, ..... of 1967, decided on 20th february, 1968, by the division bench, consisting of abhyankar and vimadalal, jj., from a publication - 'compilation of bombay sales tax act, 1959, by the sales tax practitioners' association', where the entire decision has been reproduced. the question in that case was whether vicco vajradanti (tooth-powder) was .....
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