Court : Gujarat
Reported in : (1990)2GLR1103
..... 'district judge' in art. 236(a) of the constitution. the bombay high court judgment referred to above has adopted the definition in the general clauses act and interpreted section 236, which, in our opinion, is not correct on the plain reading of the articles pertaining to subordinate courts which occur in chapter vi of part ..... the question of law as to the interpretation of the constitution arising before the tribunal. in our view, the subordination for the purpose of section 3 of the contempt of courts act means judicial subordination under the hierarchy of courts under the civil procedure code or the criminal procedure code.' the supreme court has further observed : 'it may not be ..... to be a court. the labour court adjudicates upon disputes which are essentially of a civil nature. the labour court's functions were held as far back as 1968 to be 'quasi civil' in nature. this must apply to the industrial court. the industrial court has original jurisdiction under the statute. it is also a .....
Tag this Judgment!Court : Gujarat
Reported in : (1990)2GLR947
..... the criminal procedure code. so far as the articles, which are produced before the police station officer is concerned, they are required to be dealt with as provided in section 55 of the act. section 55 provides that the officer in charge of the police station has to take charge of and keep in safe custody, pending the orders of the magistrate, ..... , cosmetics department etc. the officer of the rank of and above inspector of police, therefore, can exercise the powers under sub-section (2) of section 41, n.d.p.s. act. under section 41, n.d.p.s. act, arrest and search can be made either under warrant issued by magistrate or by authorised officer or under orders of such authorised officer ..... rajasthan 1968 drugs cases 44; umrav v. state of rajasthan 1989 drugs cases 39, in shanti lal v. state of rajasthan 1989 drugs cases 213, and in state v. jagmala ram 1989 drugs cases 169, were the cases in which the officers exercising the power of seizure and search under section 42 of the n.d.p.s. act were .....
Tag this Judgment!Court : Gujarat
Reported in : 1991ACJ561; AIR1991Guj1; (1990)2GLR549
..... the vehicular accidents. obviously, no such claim proceedings for which the special motor accident claims tribunals are constituted can lie before the civil court. under the circumstances, section 175 of the 'act-1988' which speaks about bar of the jurisdiction of the civil court has nothing to do with the application of the provisions of the code of civil procedure ..... exercise it.'so 'may' sometimes, is equivalent to 'shall'. a look at the language employed in s. i ioe makes the intention of the legislature quite clear. the section after the amendment of 1969 reads:1 10e: recovery of money from insurer as arrears of land revenue: -where any money is due from any person under an award, ..... that view was approved in the decision of the division bench where patel, j. spoke for the division bench for both of us in f.a. no. 280 of 1968 decided on november 15/16, 1971. even the relevant bombay motor vehicles rules, 1959 hereinafter referred to as 'the rules' make a clear provision in r. 306 for .....
Tag this Judgment!Court : Gujarat
Reported in : I(1991)ACC335; (1990)2GLR1265
..... money due under the award and therefore any execution of award under order 21 rule 54 of the code of civil procedure, is out of question. not only that, section 175of the act, 1988', clearly bars the jurisdiction of the court in such matters and in that view of the matter, the tribunal has no jurisdiction to entertain darkhasi under order 21 ..... salwani; and (iv) (1972) 13 glr 744 mohan ganda v. driver garasiya keshubhal shibubhai and anr.7. now, it is true that a superficial reading of the wordings of section 174 of act, 1988', docs give an impression that where any amount is due from any person under an award, the claims tribunal may, on application made to it by a person ..... and that view was approved in the decision of the division bench where patel, j. spoke for the division bench for both of us in f.a. no. 280 of 1968 decided on november 15/16, 1971. even the relevant bombay motor vehicles rules, 1959 hereinafter referred to as 'the rules' make a clear provision in rule 306 for a judgment .....
Tag this Judgment!Court : Gujarat
Reported in : 1991(54)ELT30(Guj); (1991)1GLR498
..... that there should be manufacture of goods. the goods being articles which are known to those who are dealing in the market having their identity as such. section 3 of the act enjoins that there shall be levied and collected in such manner as may be prescribed duties of excise on all excisable goods other than salt which are produced ..... ordinary sense, will not be available. it is only with this limited purpose that the legislature, in our opinion, inserted this definition of the word 'manufacture' in the definition section and not with a view to make the mere 'processing of goods as liable to excise duty.' the aforesaid judgment is followed by the supreme court in the case of ..... of union of india v. delhi cloth & general mills - air 1963 sc 791; south bihar sugar mills ltd. v. union of india - 1978 (2) elt (j 336) (sc) = air 1968 sc 922, and union carbide india ltd. v. union of india - 1986 (24) elt 169 (sc) = air 1986 sc 1097. the court further held that the essential ingredient for excise .....
Tag this Judgment!Court : Gujarat
Reported in : [1992]85STC258(Guj)
..... or in the course of export outside the territory of india. in that decision, the supreme court was also concerned with pari materia provision of the maharashtra act, section 13aa, which is already reproduced by us earlier in part ii of this judgment, in maharashtra provision as well as in punjab and haryana provision, three relevant ..... under entry 97 which is residuary entry in the union list. he next submitted that curiously enough, there is no validating provision in the amendment act substituting section 15b. the old section 15b is clearly beyond the legislative competence of the state legislature as on that basis, it has been repealed with retrospective effect by the impugned ..... is liable tax under the act' is the character and class of goods in relation to exigibility. in this connection, reference may be made to the observations of this court in andhra sugars ltd. v. state of andhra pradesh : [1968]1scr705 . on a clear analysis of the said section, it appears that section 9(1)(b) has to .....
Tag this Judgment!Court : Gujarat
Reported in : (1992)1GLR503
..... , mining settlement authorities and other local authorities for the purpose of local self-government or village administration.7. so far as the relevant provisions of the act are concerned, section 5(1) provides that every corporation, shall by the name of 'the municipal corporation of the city of...' be a body corporate and have perpetual ..... which we have given for not issuing such mandamus. reliance placed by the learned advocate general and the learned additional advocate general on the decision in air 1968 delhi 30 is also not of any avail for the simple reason that even though as held in that decision, elected councillors may have tendency to stick ..... the constitution and powers of the local government that we have no hesitation whatsoever in concluding that the state legislature was perfectly competent in enacting section 48a of the act.the present section 7ab also falls in the same lines and cannot be faulted on the touch stone of legislative competence. point no. 6 is therefore .....
Tag this Judgment!Court : Gujarat
Reported in : 1993CriLJ1084; (1993)2GLR1007
..... in this sub-rule shall apply to the fumigants which are registered and recommended for use as such on article of food by the registration committee and the amount of insecticides in column 2 on the foods mentioned in column 3, shall not exceed the tolerance limit prescribed in column 4 of the table given in the said rule. ..... preservative or permitted preservative in excess of the prescribed limits :.it is therefore, clear that if the article contains any prohibited preservative it will be adulterated article. section 2(xiii) of the act defines 'sale' and it includes sale of any article whether for cash or on credit and whether by wholesale or retail, for human consumption or use, or ..... in appendix b containing a substance not found in milk, except as provided in the rule. said clause has been added by g.s.r. 1533 dated 8-7-1968. there is no rule which permits the milk vendor to add formalin preservative in the milk which is to be sold for the purpose of human consumption. this clause .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1993Guj20
..... supreme court of india had occasion to examine constitutional validity of different provisions of gold (control) act, 1968 and it has been held that section 5(2)(b) suffers from excessive delegation of legislative powers.section 5 of the said act reads as under:--'(1) the administrator, may if he thinks fit make an order not inconsistent ..... at page 1399: of air 1967) :'it is not necessary in the present appeal to decide whether the proceedings resulting in an order under section 298 of the act are quasi judicial proceedings or merely administrative proceedings. assuming that the high court is right that the proceedings are quasi judicial proceedings; the question is ..... effect that the delegation to the textile commissioner under the control order of 1948, is illegal and invalid, as such delegation is not contemplated under section 3 of the act or that no policy, guidelines, restrictions and compass in the exercise of powers so sub-delegated having been laid down, such delegation suffers from .....
Tag this Judgment!Court : Gujarat
Reported in : (1993)1GLR684; (1994)ILLJ453Guj
..... under the special law cannot be said to be in any way incomplete or inadequate. at this stage, it will be necessary to refer to sub-section (2) of section 33 of the said act in so far as it has relevance and also because reliance is sought to be placed thereon by the respondent-corporation.'33(2) during the pendency ..... and, therefore, the case of the appellants should fall in third class of cases.33. in the case of dhulabhai v. state of madhya pradesh, reported in : [1968]3scr662 , a constitutional bench of the supreme court was called upon to decide the vexed question of exclusion of jurisdiction of civil court in the context of taxing statute in ..... relief. under these circumstances therefore there is an apparent implied exclusion of the jurisdiction of the civil court. in dhulabhai's case : [1968]3scr662 a five judges bench of this court considered the language of section 9 and the scope thereof in respect of exclusion of jurisdiction and it was observed (at p. 89 of air):- where there is .....
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