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Judgment Search Results Home > Cases Phrase: insecticides act 1968 section 10 appeal against non registration or cancellation Sorted by: recent Court: gujarat Page 1 of about 54 results (0.112 seconds)

Dec 12 2014 (HC)

New Nandi Seeds Corporation Vs. Commissioner of Income-tax (Appeals) X ...

Court : Gujarat

..... rejected lots and losses at processing are returned to farmers only after the foundation seeds are certified as conforming to specifications, the lots are subjected to treatment with insecticides (cell phose, quick phose) and pesticides (thiram and barastin) at the time of packing. the company had filed certificates issued by the seed certification agency and ..... being sown and achieving germination,but in that form they retain the dual utility of being foodgrains as well as seeds. by process of coating and applying insecticides, other chemicals and poisonous substances to the foodgrain meant to be utlised as seeds, one of its basic character, i.e. its consumption as food by ..... and contended that the process is not identical to the case of navbharat seeds (p) ltd., and therefore, assessee is not entitled to deduction under sec. 80ia of the it act. mr. mehta further contended that at least 10 employees are there, and therefore, even if it is a manufacturing process, they are not entitled to .....

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Dec 06 2012 (HC)

ishwarbhai Sanabhai Nayi (Barber) Vs. State of Gujarat and Another

Court : Gujarat

..... the ipc. it is defined u/s.107 of the ipc. as per sec.107, the person can be said to have abated of doing thing if an act or illegal omission takes place. sec.107 abetment of a thing. - a person abets the doing of a ..... thing, who - first instigates any person to do that thing; or secondly engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act ..... show and establish in any given case that the accused has abated in commission of suicide in any of three modes stated in sec.107. 11. in order to appreciate the submission made material on record may be briefly referred. the father, mother and ..... in the nature of instigation or can be termed as aiding intentionally the deceased to commit suicide. in other-words, essential of section- 107 may be in the form circumstance and situation, - ought to flow from the evidence of material witnesses, - unless typical .....

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Nov 17 2008 (HC)

Hasmukhbhai Gokaldas Shah Vs. State of Gujarat

Court : Gujarat

Reported in : 2009CriLJ2919; (2009)2GLR984

..... of this witness and, hence, the trial court clearly erred in coming to the conclusion that the charge against the accused was proved under section 3(1)(x) of the prevention of atrocities act. the conviction and sentence awarded by the trial court in this respect is required to be set aside and the accused is required to be ..... indian penal code is established beyond doubt, the accused is also liable to be convicted for the offence punishable under section 3(2)(v) of the prevention of atrocities act and like wise under section 3(1)(x) of the said act. it is submitted that defence witness examined by the defence is neither here nor there and when prosecution has ..... also required to be set aside along with the sentence awarded to the accused.16. so far as the charge under section 3(1)(x) of the prevention of atrocities act is concerned, the prosecution has produced the evidence of complainant 'purshottambhai hanubhai' pw-1 and pw-5 bhikhubhai haribhai solanki, who is an alleged eye witness. no .....

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Oct 08 2008 (HC)

Rajendrabhai D. Makwana and 4 ors. Vs. State of Gujarat

Court : Gujarat

Reported in : (2009)2GLR961

..... is that the marriage span of the deceased and appellant no. 1 was that of about 8 years and, therefore, the presumptive clause envisaged under section 113a of the evidence act would not be attracted. we will have, therefore, to examine the evidence for material to attract the ingredients for the offences for which the accused appellants ..... implicated the whole family except childrenii] the marriage span of appellant no. 1 and deceased was of 8 years and, therefore, presumption envisaged under section 113b of the indian evidence act would not be attractediii] the parental house of the deceased i.e., house of complainant is only 4 houses away from the house where the ..... statement of the deceased there was no other pointed evidence from which it could be inferred that there was any abetment so as to bring the acts of the appellants within section 306 ipc, under which the appellants were convicted. the court held that the dying declaration, per se, could not involve the appellants in offence .....

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Jun 16 2008 (HC)

State of Gujarat Vs. Patel Maheshbhai Ranchodbhai and ors.

Court : Gujarat

Reported in : (2008)3GLR2566

..... dying declaration and supporting evidence, death of the deceased, admittedly was suicidal death and this is a fit case therefore to invoke presumption under section 113-a of the indian evidence act, 1872. the accused have failed to discharge the burden upon them to explain the death of the deceased. on the contrary, they admitted ..... cruelty, which we have discussed earlier. now the question is how to evaluate these circumstances. therefore, the legislature in its wisdom has enacted section 113-a of the indian evidence act, 1872 which mandates the court that the court may presume having regard to all the other circumstances of the case that the suicide taken ..... question and answer form, such dying declaration was vulnerable.25. it is relevant to notice here the law as to appreciating the dying declaration. section 32(1) of the indian evidence act, 1872 is an exception to the general rule that hearsay evidence is not admissible evidence and unless evidence is tested by cross-examination, it .....

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Oct 11 2007 (HC)

Abhay Harinandan Oza Vs. State of Gujarat

Court : Gujarat

Reported in : II(2008)DMC744; (2008)2GLR1178

..... -ketna committed suicide on 25th june, 2001 at about 11-15 p.m. at her matrimonial house situated at dharampur road, valsad, by consuming baygon spray, an insecticide being used for domestic purpose. it is in evidence that on that very day the victim-ketna was to proceed with her husband and minor child to bhavnagar and ..... about by persuasion to do any thing. the abetment may be by instigation, conspiracy or intentional aid, as provided in the three clauses of section 107. section 109 provides that if the act abetted is committed in consequence of abetment and there is no provision for the punishment of such abetment, then the offender is to be punished ..... to life, limb or health (whether mental or physical); and by doing so, you the accused have committed an offence punishable under sections 3 and 4 of the dowry prohibition act as well as section 498a of the indian penal code.further, because of the physical and mental harassment/cruelty being meted out to the deceased-ketnaben she .....

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Feb 15 2006 (HC)

Suo Motu Vs. Ahmedabad Muncipal Corpn. and 46 ors.

Court : Gujarat

Reported in : (2006)2GLR1129

..... the civic officials to safeguard and take adequate care of them. the gujarat municipalities act, 1963, the bombay provincial municipal corporations act, 1949 ['bpmc act']and the panchayats act, 1993, contain such provisions. so far the gujarat municipalities act [municipalities act] is concerned, section 2(5) defines sdangerous disease. it means cholera, plague, small-pox and any ..... to be undertaken. all garbage to be removed with a view to avoid accumulation of wet solid waste during monsoon.b. sprinkling/spraying effective insecticides to prevent mosquito breeding.c. to give adequate publicity to the measures/precautions to be taken by the public to prevent mosquito breeding and to ..... water from water logged areas to be removed as soon as possible, especially the water logging in low lying areas.b. sprinkling/spraying effective insecticides to prevent mosquito breeding.c. to give adequate publicity to the measures/precautions to be taken by the public to prevent mosquito breeding in the .....

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Oct 05 2005 (HC)

Commissioner of Income-tax Vs. D.N. Dosani

Court : Gujarat

Reported in : (2006)200CTR(Guj)76; [2006]280ITR275(Guj)

..... decision of madras high court in case of commissioner of income tax v. geo industries and insecticides (i) pvt. ltd., : [1998]234itr541(mad) .7. though served, there is no appearance on behalf of the assessee.8. section 263 of the act, as is relevant for the present, reads as under :revision of orders prejudicial to revenue.263 ..... were not figuring in the order made by cit. according to him, the assessing officer, while passing fresh assessments, was exercising powers under section 143(3) of the act or section 144 of the act, and in the circumstances, was entitled to make additions / disallowances in accordance with law. in other words, the assessing officer could ..... was entitled to process further items while giving effect to the order under section 263 of the act. the tribunal was, therefore, justified in holding that the assessing officer had travelled beyond his jurisdiction. 14. the decision in case of cit v. geo industries and insecticides (i) pvt. ltd. (supra) is not an authority for .....

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Sep 09 2005 (HC)

A.K. Chaudhary and 2 ors. Vs. the State of Gujarat and 2 ors.

Court : Gujarat

Reported in : 2006CriLJ726

..... v. state of m.p. and ors., reported in : air1995mp138 , wherein at para 5 it was observed as under:5. the provisions of the act, in particular of section 3(i)(viii), are intended to protect persons belonging to scheduled castes or scheduled tribes from harassment by false, malicious or vexatious litigation. an offence can be ..... quashed by this court at this stage.11. mr. jani, learned counsel appearing for the original complainant ' respondent herein also contended that as per section 105 of the evidence act, the burden of proving that there is a case within the exception as provided under ipc falls upon the accused and in absence thereof the ..... tulsi, learned counsel appearing for the petitioners also attempted to submit that the disciplinary proceedings would not be included in the scope and ambit of section 3(1)(viii) of the atrocities act, whereas mr. jani, learned counsel appearing for the original complainant submitted that the interpretation may be made by this court keeping in view .....

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May 13 2005 (HC)

Swastik Pesticides and Chemicals thro' Vijaykumar Vs. the State of Guj ...

Court : Gujarat

Reported in : (2005)3GLR2027

..... cited decision (re.paras:3, 4 and 5) :'3. despite the request having been made by the petitioner as envisaged under section 24(3) of the insecticides act, 1968 (herinafter referred to as 'the act'). admittedly, no sample was sent to the central insecticide laboratory but the complaint was filed on 18.4.1996. admittedly, the shelf life of the product was to expire in september ..... judicial magistrate, surendranagar, has prayed for quashing of criminal complaint as well as prosecution instituted thereon in reference to the provisions of section 3(k)(1), 17(1)(a) and 18(1)(c) of the insecticide act, 1968 (hereinafter referred to as 'the act').2. the petitioner-orig.accused no. 2 (hereinafter referred to as 'the accused-company') is a registered company under the companies .....

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