Court : Gujarat
Reported in : (2001)4GLR2960
..... to be set aside. the learned counsel for the petitioners has relied on the judgement of the hon'ble supreme court in the case of mahabir auto stores vs. indian oil corporation reported in air 1990 sc 1031 in which at para 18 the hon'ble supreme court has observed thus:'having considered the facts and circumstances of the case ..... refuse to accept the highest bids and could allot the lots to the forest corporation and thus implement the policy of legislature envisaged by the u.p. forest corporation act. even if there was no express policy decision of the government recorded after the date of auction it was implicit in the very action of the government in cancelling ..... question of infringement of fundamental rights guaranteed by article 21 does not arise in such a situation.para 44 - the court in the instant case cannot indulge in an act of nice balancing. this is not a case where this court is called upon to give effect to any directive principles of state policy and fundamental duties. it is .....
Tag this Judgment!Court : Gujarat
Reported in : 2001CriLJ1640; (2001)3GLR1999
..... part of their duty; that the allegations against the applicants are vague and there were no control orders in respect of h.s.d., under the essential commodities act; that oil companies were bound to release h.s.d., to the private firms who were issued eligibility certificates by the commissioner of sales tax and charge only 5% sales tax ..... by the learned counsel appearing for the respondents. 2. these three applications for bail under section 439 of the code of criminal procedure are filed by three officers of the indian oil corporation (i.o.c.) upon being arrested pursuant to a first information report (f.i.r.) registered with the central bureau of investigation (c.b.i.), gandhinagar ..... learned special judge. the offences alleged in the f.i.r., are punishable under sees. 120b and 420 of the indian penal code (i.p.c.) and section 13(2) read with section 13(1)(d) of the prevention of corruption act, 1988. subsequently, the offences under sees. 467 and 471 of the i.p.c. are added in the case .....
Tag this Judgment!Court : Gujarat
Reported in : 2001(74)ECC51; 2005(179)ELT129(Guj); (2001)4GLR3630; 2006[2]STR300; [2007]7STT29
..... the finance act, 1998, substituted section 66 of the finance act, 1994. while a few services covered by the 1997 act were excluded from the purview of the service tax, a few more services were included. services provided by architects, interior decorators, chartered accountants, cost accountants and company secretaries were ..... 1998, clarifying which services of practising chartered accountants are exigible to service tax and exempting such taxable services provided by the practising chartered accountants/company secretaries/cost accountants in their professional capacities. 6. while admitting the petitions, the court granted ad interim relief restraining the respondents from enforcing ..... of the municipal committee. in pursuance of the notification, certain sums of money were recovered from three plaintiffs-employees of a private limited company. the plaintiffs filed suits for the refund of the amounts so paid and sought an injunction prohibiting the municipal committee from recovering any .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)4GLR2840
..... placed before this bench.2. the petitioners nos. 2 and 3 are the partners of petitioner no.1, a partnership firm registered under the indian partnership act, 1932. they have filed this petition inter alia praying that the town planning scheme regulation (hereinafter referred to as the regulation), annexure-b ..... c) proposals for designation of areas for zoological gardens, green belts, natural reserves and sanctuaries; (d) transport and communications, such as roads, highways, parkways, railways, waterways, canals and airport, including their extension and development; (e) proposals for water supply, drainage, sewage disposal, other public utility amenities and services including supply ..... out with the case that they had no opportunity to challenge the constitutional validity of the provisions contained in the old town planning act, development act, regulations and development regulations. notice was issued to the petitioners in the aforesaid petition as to why they should not be directed to .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)1GLR752
..... article 229(1) of the constitution is to be construed according to the axiom that the greater includes the less as warranted by section 16 of the general clauses act which has been made applicable for interpretation of the constitution by article 367(1) thereof. the power of appointment conferred by an. 229(1) therefore includes the power ..... comply with the directions issued as far back as on 8th february, 2000, prima facie, amounts to committing contempt of court as envisaged under the contempt of courts act, 1972. in our view, the matter requires to be examined apart from the fact that the registrar by the verynature of his position in the institution and the ..... gujarat, reported in air 1997 sc 3400 was cited for the proposition that if the competent authority in whom the discretion is vested under the statute, does not act independently and passes an order under the instructions and orders of another authority,the court would intervene in the matter, quash the order and issue a mandamus to .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)4GLR3187
..... the plaintiff objected. in spite of that, supplementary bill was issued without referring the dispute to the electric inspector under the provisions of section 26(6) of the indian electricity act. it is the say of the plaintiff that there was no defect in the meter and, therefore, the board had no right to send supplementary bill and had ..... the board will be unnecessarily compelled to take appropriate proceedings for recovery of that amount. in the instant case, for example, ms. brahmbhatt has said that the petitioner company is sick and they have gone to the b.i.f.r. in such cases, therefore, not only prima facie case, but the court is supposed to consider ..... being regular civil suit no.69 of 1995, in the court of civil judge (junior division), mangrol. it is the case of the plaintiff that the plaintiff is a registered company, having its factory situated at : block no.112, plot no.15-18, mota borsara, taluka : mangrol, district : surat. the plaintiff is the consumer of the electric power .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)4GLR3349
..... have challenged the arbitrary, unreasonable and illegal demand of duty as well as of interest without finalisation of the assessment under the provisions contained in the customs act, 1962.2. the petitioner-company purchased a secondhand plant on 'as is where is basis ' from messers teviot investments limited, ( 'til' for short ) for manufacture of hot ..... of central excise, surat to send verification letter with regard to the machinery imported, the asst. commissioner, central excise was not forwarding information and yet the petitioner-company was called upon to approach the asst. commissioner of central excise and produce the certificate. we are told that offices of the asst. commissioner of customs, surat ..... .c.c., 276, that the provisions relating to the charging of levy in a statute are provision of substantive law.28. the apex court in case of indian carbon limited and others v. state of assam,reported in (1997) 6 s.c.c.,479, in para 6, considered the various decisions on the subject .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)1GLR114
..... be carrying contraband forest produce, release of the vehicle is a rule and confiscation thereof to be an exception. in the forest offences committed, the courts should not act liberally and should not go by this impression that where the value of the contraband forest produce seized is negligible in comparison to the value of the vehicle, rule ..... interfere with the order under article 227 of the constitution of india, it has next been contended that even if it is taken that under section 61d of the act aforesaid, the appellate court, here the sessions judge, is empowered to modify the order passed by the forest authority under section 61a, this power is to be ..... or permit. it is further held that the offence has been committed under the provisions of the indian forests act and in exercise of the powers as conferred upon him under section 61(2) of the forest act as amended by the gujarat amendment act, 1983, he ordered for the confiscation of the truck as well as the forest produce loaded .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)4GLR3377
..... therefore no `appropriation' within the meaning of that section.i, therefore, hold that the property in the cars did not pass to the defendant on delivery to the railway company and that the defendant are not liable for the price.'4.13 he has also relied on the judgement of the hon'ble supreme court in the case of ..... cannot be accepted.8.4 defendant no. 2 has alternatively argued about evolution of law and has relied on certain english decisions as well as commentaries on ramaiya's companies act. as against that, the plaintiffs have stated that in this case as the property in goods has not been transferred from the plaintiffs to defendant no. 1, this ..... by mulla, j wherein on page 129 the learned judge has observed as under:-'if s. 83 of the indian contract act applies to the case, it appears to me that the plaintiffs having instructed their agents not to deliver the railway receipt till payment, the appropriation was not absolute and final, but conditional on payment by the defendant, and .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)4GLR3086
..... septic shock was the cause of death. so atleast, accused could have been convicted for the offences punishable under section 304(11) read with section 34 of the indian penal code. during the course of his submissions, mr. shah has fairly submitted that considering the police challan and the endorsement made in column no. 2 which ..... by the executive magistrate because the other witnesses had turned hostile. when both these dying declarations were inadmissible having no protection under section 32 of the evidence act, it was not possible for the trial court to link the accused with the crime in absence of legal evidence. it is the accepted principle of the ..... and the dying declaration made before the executive magistrate as to whether these two pieces of evidence has any protection available under section 32(1) of the evidence act. this court has observed that-12. the moment we recall the fact that his death is not directly connected with the injuries caused, the statements made orally .....
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