Court : Gujarat
Reported in : 1990CriLJ1275; (1989)2GLR666(GJ)
..... in 1978, the parliament amended section 167 of the new code by the code of criminal procedure (amendment) act, 1978, being indian parliament act no. ..... the investigating officer failed to submit the charge-sheet against them within a period of 60 days as contemplated by subsection (2) of section 167 of the new code prior to its amendment by criminal procedure code (amendment) act, 1978 which enlarges the period from 60 to 90 days where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than 10 ..... proviso to sub-section (2) of section 167 of the new act in its application to the state of gujarat was amended by an act called code of criminal procedure (gujarat amendment) act, 1976. ..... in view of this amendment of section 167 made by the parliament, the amendment made by the code of criminal procedure (gujarat amendment) act, 1976, would not be applicable (vide decision in the case of sairabibi ..... the supreme court reproduced proviso (a) to section 167(2) of the new code as it stood prior to the amendment of 1978 and observed that expression 'the magistrate' in the proviso would mean the magistrate having jurisdiction to try the ..... section 437 as amended by central act 63 of 1980 provides thus:'when any person accused of, or suspected of, the commission of any non-bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a court other than the .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)3GLR2336
..... of west bengal (supra) and observed that the hon'ble supreme court had the occasion to consider the provisions of the west bengal children act which also contained provisions similar to section-24 of the ..... convicted. in view of the clear bar contained in the west bengal children act, the court ruled that the entire trial of the child was without ..... v. state of bihar (supra) wherein it is held that when a plea is raised on behalf of an accused that he was a schild within the meaning of the defination of the expression under the act, it becomes obligatory for the court, in case it entertains any doubt about the age as claimed by the accused, to hold an inquiry itself for determination of the question of age of the accused or cause an enquiry to be ..... court further held that the high courts and the subordinate courts are expected to deal with such cases with more sensitivity, as otherwise the object of the acts would be frustrated and the efforts of the legislature to reform the delinquent child and reclaim him as a useful member of the society would ..... . state of west bengal, ..... . state of west bengal, ..... that the finding of the learned sessions judge being that the age of the appellant was below 16 years on the date of occurrence and in view of the clear prohibition contained in section-24 of the act, trial of the appellant leading to his conviction by the learned sessions judge has to be held to be without ..... no. 1 to make necessary amendment in the memo of appeal by .....
Tag this Judgment!Court : Gujarat
Reported in : 2001(74)ECC51; 2005(179)ELT129(Guj); (2001)4GLR3630; 2006[2]STR300; [2007]7STT29
..... observations of the federal court in ralla ram's case , negatived the contention by holding that the real distinction between these two acts seems to be that whereas the income-tax act purports to tax the true income, there is no such pretence in the west bengal panchayat act which uses the annual value merely for the purpose of valuation of the property to be taxed. 43. ..... , in this case, the west bengal panchayat act levied tax on land and ..... 'architect' means any person whose name is, for the time being, entered in the register of architects maintained under section 23 of the architects act, 1972 (20 of 1972), and also includes any commercial concern engaged in any manner, whether directly or indirectly, in rendering services in the field ..... in this case, the office of a chartered architect was sought to be brought within the purview of the madras shops and establishments act and the court upheld the contention of the chartered architect that the tax was meant to cover shops and establishment which are associated with the carrying on of trade ..... law' or a 'constitution', to convince as that what is not so specified and identifiable as a subject of legislation, given in the constitution, must be necessarily prohibited at least as a topic of ordinary legislation, although it may become permissible by an amendment of the constitution, by an addition to it, appears very unrealistic to us ... ..... union of india : [1978]2scr1 : 'our constitution may be lengthy and considerably more comprehensive .....
Tag this Judgment!Court : Gujarat
Reported in : 1987CriLJ1732; (1987)2GLR903
..... in all such cases, the law made by parliament shall prevail over the state law under article 254(1).applying these principles, the supreme court in that case held that prevention of food adulteration (amendment) act, 1976 being the law made by the parliament with respect to the same matter, prevention of adulteration of food, drugs and cosmetics (west bengal amendment) act, 1973 stood impliedly repealed.6. in m. ..... thereafter, in 1978, the parliament amended section 167 of the code by enacting code of criminal procedure (amendment) act, 1978, being indian parliament act no. ..... in 1978, the parliament passed code of criminal procedure (amendment) act, 1978, being indian parliament act no. ..... another question which has been raised before us is 'whether section 167, criminal p.c, as amended by criminal procedure (gujarat amendment) act, 1976 continues to apply in the state of gujarat or now section 167 as amended by code of criminal procedure (amendment) act, 1978, being indian parliament act no. ..... 21 of 1976 continue to apply in the state of gujarat or is it s, 167 as amended by indian parliament act no. ..... 45 of 1978 amended section 167 by substituting proviso (a) to sub-section (2) and numbering explanation to para (a) as explanation ii and inserting explanation i before explanation ii so numbered and also by adding sub-section (2-a) after sub-section (2) of that section. ..... 45 of 1978'), inter alia amending section 167. ..... 45 of 1978 applies from the date the said act came into force.7. .....
Tag this Judgment!Court : Gujarat
Reported in : [1995]95CompCas663(Guj)
..... consistent view taken by the supreme court as discussed above whether under article 265 or article 31 as it existed prior to its deletion by the constitution 44th amendment act, 1978, or under article 300a, it is not possible to accept the plea of distinguishing the scope and ambit of authority of law required under article 300a by ..... requirement of existence of public purpose in affirmative, the latter was negatived by holding (page 163) : 'since article 30(2) itself provided payment of compensation, when property was acquired preceding the 25th constitution amendment act, 1971, this court interpreted the word 'compensation' as aforesaid, but when article 30(2) itself was omitted from the constitution, the question arises whether payment of compensation is a sine qua non ..... the constitution (44th amendment) act, 1978, with effect from ..... held, firstly, that (page 154) : 'after the deletion of the right to property omitting articles 19(1)(f) and 31 of the constitution by the constitution 44th amendment act, the right to property which was hitherto a fundamental right was dethroned from part iii and became a constitutional right under article 300a resuscitating only article 31(1) ..... . state of west bengal 0065/1987 : [1987]2scr1207 also does not throw any light on the controversy raised before me which concerns the requisite authority of law envisaged ..... in indian ..... duty in a case where some one had sent goods from goa to bombay, in 1962, after goa had been liberated and became part of the indian territory. .....
Tag this Judgment!Court : Gujarat
Reported in : (1983)34CTR(Guj)230; (1983)1GLR623; [1983]142ITR211(Guj)
..... amended by the twenty-fifth amendment with effect from april 20, 1972) provided for compulsory acquisition of property before its repeal with effect from june 20, 1979, by the 44th amendment act, 1978 ..... 31 any the forty-fourth amendment act, 1978, the right to acquire, hold and dispose of property was a fundamental right ..... the objects and reasons for the enactment of the taxation laws (amendment) act, 1972, were : (i) to counter evasion of tax through understatement of the value of immovable property in sale deeds and also to check the circulation of black money by empowering the central government to acquire ..... consideration mentioned in the deed of conveyance had not been truly stated in the said instrument with the object of (a) facilitating the reduction or evasion of the liability of the transferor to pay tax under the act in respect of the income arising from the transfer; and/or (b) facilitating the concealment of any income or any moneys or other assets which have not been or which ought to be disclosed by the transferee ..... arising from the transfer; or (b) facilitating the concealment of any income or any moneys or other assets which have not been or which ought to be disclosed by the transferee for the purpose of the act, or the indian income-tax act, 1922, or the wealth-tax ..... of transfer with the object of facilitating the reduction or evasion of liability of the transferor to pay tax in respect of the income arising from the transfer for the purposes of the act, the indian i.t. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1980Guj89; (1980)1GLR103
..... those state acts where a specific provision has been made for the giving of any notice requiring the tenant either to pay the arrears of rent within the specified period or to do any other thing, such as the bombay rent act or the west bengal rent act, no notice in accordance with clause (g) is necessary ......without adverting to the effect and the details of waiver of forfeiture, waiver of notice of quit, relief against forfeiture for non-payment of rent ..... the definition of word 'tenant' was amended by section 2 of the delhi rent control (amendment) act, 1976 whichwas brought into force from dece-nl3r 1075 so as to include, inler alia, such of the heirs as mentioned in clause oil of the said section subject to the order of succession and conditions specified in explanations i and ..... orwell (1954) 1 all er 874 was assumed to be valid and good under the indian statutes without considering as to what is the position under the relevant provisions of a given ..... the opinion of the supreme court, in england, the statutory tenant's right to sublet is derived from the specific provisions of the act conceding this right to him while under the madhya pradesh accommodation control act, 1961, and similar other indian statutes, the right flows from the status as a tenant. ..... court, therefore, was ol the opinion that the concept of statutory tenancy under the english rent act and under the indian statutes like the madhya pradesh accommoctation control act, 1961, rested on different foundations. .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)1GLR796
..... the signing of that convention on may 9, 1950, our parliament has passed an act called 'suppression of immoral traffic in women and girls act, 1956' which is now changed as 'the immoral traffic (prevention) act, 1956' to which certain drastic amendments are introduced by the amendment acts xlvi of 1978 and xliv of 1986. ..... 76% of the fallen women hail from andhra pradesh, karnataka, tamil nadu, west bengal, bihar, maharashtra, uttar pradesh, assam, gujarat, goa, madhya pradesh, kerala, meghalaya, orissa, punjab, ..... 8 of the said judgment where the hon'ble supreme court has interpreted the word 'habitually' as follows:the act has defined 'dangerous person' in clause (c) of section 2 to mean a person who either by himself or as a member or leader of a gang habitually commits or attempts to commit or abets the commission of any of the offences punishable under chapter xvi or chapter xvii of the indian penal code or any of the offences punishable under chapter v of the arms ..... section 107 of the indian penal code provides that 'a person abets the doing of a thing who intentionally aids by act of illegal omission, the doing of ..... besides the above act, there are various provisions in the indian penal code such as sections 366a (dealing with procuration of minor girl), 366b (dealing with offence of importation of girl from foreign country), 372 (dealing with selling of minor for purposes ..... bench of the bombay high court took note of an article appeared in the daily indian express on 13-1-1996. .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)3GLR230
..... of february, 1973:(aa) to (bba) ****** ****** ******(c)(i) in relation to any premises let for residence, when the tenant dies, whether the death has occurred or after the commencement of the bombay rents, hotel and lodging house rates control (amendment) act, 1978, any member of the tenant's family residing with the tenant at the time of his death, or in the absence of such member, any heir or the deceased tenant, as may be decided in default of agreement by the court. ..... acquired vacant possession of the house built by respondents 2 and 3, the learned counsel for the appellants has submitted that she is entitled to claim maintenance from them under section 20 of the hindu adoptions and maintenance act which imposes an obligation on a son/daughter to maintain his/her infirm parents or the unmarried daughters who are unable to maintain himself/herself and, therefore, she acquired a right to live in the said house ..... delivering the judgment of the court observed that the court had allowed the appellants to amend their applications for possession by pleading that the respondent had acquired possession of a vacant residence within the meaning of section 14(1)(h) of the delhi rent control act, 1958.having considered the averments of the parties on the point at issue, it was held in that case that the respondent had through his wife acquired vacant possession of a residence in delhi ..... the opponent was inducted as tenant of west side portion of the property at the rent of rs.40/- per month .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1979Guj1; (1978)GLR1047
..... it is clear from the lauguage,of artcle 226 of the constitution of india prior to its amendment and even after its amendment by 42nd amendment act of 1976, that when a high court issues a writ, direction or order under art. ..... the words 'and for any other purpose' were deleted or dropped from the amended article; and after the 42nd amendment act, the jurisdiction of the high court under art 220 can be exercised only:'(a) for the enforcement of any of the rights conferred by the provisions of part iii, or (b) for the redress of any injury of a substantial nature by reason of ..... in consequence of the divergence of opinion between the different high courts on the question whether an appeal lay under clause 15 of the letters patent against a judgment of a single judge exercising powers of revision, the letters patent came to be amended on march 11, 1919, by substituting the words 'not being an order made in exercise of revisional jurisdiction and not being a sentence or order passed or made in exercise of the power of superintendence under the provisions of section 107 of the government of ..... 227 of the constitution is a power of judicial superintendence over subordinate courts and tribunals situated within the state, such a power of judicial superintendence was, for the first time, conferred upon the high courts by the indian high courts act, 1861. ..... 303 of 1977 decided on 6-2-1978 : (reported in : air1978guj96 had not taken into consideration two decisions of the supreme court, viz. .....
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