Court : Gujarat
Reported in : (1971)12GLR265
..... passed by the trying magistrate. mr. chhaya appearing for the state urged that the reference should be accepted.7. on referring to the relevant sections of the act and certain provisions of the criminal procedure code to which i will make reference at an appropriate stage, it is abundantly clear that the jurisdiction of the ..... petition in the sessions court at mehsana.3. the assistant commissioner of labour filed a complaint against the opponent-accused for the offence punishable under section 27 of the act, in the court of the judicial magistrate, first class, visnagar. the opponent-accused raised a preliminary objection that the trial magistrate had no ..... the learned judicial magistrate, first class, visnagar, in criminal case no. 1311 of 1968, that he has no jurisdiction to try the offence punishable under section 27 of the industrial disputes act, 1947 (which will be hereinafter referred to as the act), and the complaint be returned to the original complainant for presentation to a proper .....
Tag this Judgment!Court : Gujarat
Reported in : [1975]36STC116(Guj)
..... c.); a.i.r. 1973 s.c. 78). if therefore the meaning which could be attributed in the commercial sense to the word chemical or to the word insecticides is accepted as a safe basis, the question which would arise to be considered is whether if a consumer of the articles which are disputed in this case goes to ..... . this reference has arisen as the applicant applied to the deputy commissioner, sales tax, on 5th november, 1968, under section 52 of the bombay sales tax act, 1959 (hereinafter referred to as the 'act'), for determining the rate of tax payable on the sales of the above-named articles. the tribunal in appeal filed by the petitioner has held that ..... 4 of schedule c of the act and that, therefore, the revenue has rightly taken these articles as covered by the residuary entry 22 of the schedule e. feeling aggrieved by the decision of the tribunal, the petitioner has approached this court in this reference. 3. the articles referred to above are insecticides which are used for the .....
Tag this Judgment!Court : Gujarat
Reported in : (1975)16GLR994
..... or engaged with another in a conspiracy to commit the offence. it is not necessary for the offence of abetment that the act abetted must be committed. this is clear from explanation 2 and illustration (a) thereto, to section 108 i.p.c.in para 9 of the said judgment it is provided as follows:(9). it is only in the ..... to me section 109 of the indian penal code which provides as follows:109. whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this code for the punishment of ..... to murder c.b refuses to do so, a is guilty of abetting b to commit murder.explanation 2 of that section provides as under:explanation 2: to constitute the offence of abetment it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused.mr. shah also pointed out .....
Tag this Judgment!Court : Gujarat
Reported in : [1980]124ITR282(Guj)
..... letting of godowns or warehouses for storage, processing or facilitating the marketing of commodities.'13. in the i.t. act, 1961, these provisions were re-enacted as sections 81, 82 and 83 by way of providing these deductions. by the finance (no. 2) act of 1967, with effect from april 1, 1968, sections 81 and 82 were substituted so far as they were concerned by ..... was a large list which, besides agricultural produce defined in section 2(1), included iron and steel (metal), iron and steel structurals, insecticides, fungicides and weedi-cides, rubber, portland cement, etc. thereafter, in the detailed scheme of the various provisions, the central warehousing corporation and the state warehousing corporation have been constituted. sections 3 and 11 deal with the constitution and functions of .....
Tag this Judgment!Court : Gujarat
Reported in : [1981]47STC212(Guj)
..... paid at the particular rate mentioned in the agreement. after deducting this amount of compensation and deducting the price of the seeds, manure, labour, bonus, pesticides and insecticides, irrigation, supervision, whatever figure of profit or loss that might he arrived at would be shared equally half and half between the society and the owner of the ..... on 1st march, 1962, there is no categorisation into purchaser-society or other seller-society, as is to be found in the bombay co-operative societies act of 1925, and under section 12, 'the registrar may classify all societies in such manner, and into such classes, as he thinks fit, and the classification of a society under ..... between the parties without giving undue importance to the special expressions used by them. 39. in deputy commercial tax officer v. enfield india lid. co-operative canteen ltd. ([1968] 21 s.t.c. 317 (s.c.).), it was pointed out by the supreme court, speaking through shah, j., as he then was : 'a registered society .....
Tag this Judgment!Court : Gujarat
Reported in : [1984]56CompCas110(Guj); (1982)2GLR363
..... to te patel group of shareholders, should be granted in the facts and circumstances of te case. that attracts the application of the provisions of ss. 397, 398 of the act. section 397 reads as under : '397. (1) any members of a company who complain that the affairs of the company are being conducted in a manner prejudicial to public interest ..... a fraudulent preference; (g) any other matter for which in the opinion of the court it is just and equitable that provision should be made. 25. section 433(f) of the act, which deals with the winding up of a company; provides that a company may be wound up by the court if the court is of the opinion that ..... to the concerned party; (f) the setting aside of any transfer, delivery, of goods, payment, execution or other act relating to property made or done by or against the company within three months before the date of the application under section 397/398, which would, if made or done by or against an individual, be deemed in his insolvency to be .....
Tag this Judgment!Court : Gujarat
Reported in : (1987)2GLR725
..... limited., bombay and the accused no. 3, regional manager, s.m.p. pvt. ltd., ahmedabad, from the charge under sections 3(k), 17(1)(a) and 18(1)(c) of the insecticides act, 1968. having been aggrieved by and dissatisfied with the said acquittal judgment, the present appeal is preferred by the state of gujarat.2. ..... the complainant holds the requisite qualifications for his post which are required under the insecticides act, 1968 (hereinafter referred to as 'the act').4. under the act, the complainant is empowered to inspect the premises and to take samples of the insecticide materials in order to verify whether they are manufactured as per the requirements under ..... on the activities ascribed to an inspector.10. in this connection, it is necessary to refer to section 20 of the act, which relates to insecticide inspectors. the relevant part of section 20 of the act runs as under:20. insecticide inspectors - (1) the central government or a state government, may, by notification in the official .....
Tag this Judgment!Court : Gujarat
Reported in : 1988CriLJ826; (1987)2GLR1031
..... due to ground moisture, rain, fire, insects, red ants, birds and such other causes are avoided. the licence holder shall also ensure that fertilisers insecticides and poisonous chemicals likely to contaminate essential articles are not stored along with essential articles in the same godown or in an immediate juxtaposition of stocks of ..... the community it is necessary so to do, make an order directing that such person be detained.explanation : - for the purposes of this sub-section, the expression 'acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community' means -(a) committing or instigating any person to commit any ..... to the central government, as may be specified in the direction. in exercise of the powers delegated to the state of gujarat by section 5 of the essential commodities act, read with section 3(1) thereof, the state of gujarat has promulgated the gujarat essential articles (licensing, control and stock declaration) order 1981. mr. .....
Tag this Judgment!Court : Gujarat
Reported in : (1989)1GLR288
..... supplies of commodities essential to the community it was necessary to detain him in the wider sense as mentioned in the explanation to sub-section (1) of section 3 of the said act. the detaining authority has also considered the alternative steps by way of prosecution or departmental action against the petitioner-rajnikant ambalal and found ..... commodities essential to the community it is necessary to do, make an order directing that such person be detained.explanation: for the purpose of this sub-section, the expression 'acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community' means-(a) committing or instigating any person to commit any ..... dealer who is permitted to deal in essential commodity commits any misconduct armed with such a licence, such a person can ever be detained under section 3(1) of the act as in every such case, licence can always be cancelled on the ground of such misconduct. this would amount to patting a total embargo .....
Tag this Judgment!Court : Gujarat
Reported in : 1989CriLJ1727; (1989)1GLR449
..... material with the detaining authority to show that the alleged irregularities were committed 'with a view to making gain'. in her submission the provisions of section 3(1) of the act read with the explanation required that the alleged irregularities should have been committed 'with a view to making gain'. in support of the aforesaid ..... petitioner.16. the learned counsel for the petitioner submitted that the state government is required to make report of the central government as provided under section 3(4) of the act within the specified time limit. it is contended that within this specified time limit report was not made to the central government and, therefore, ..... the order is required to be set aside. section 3(4) of the act provides that the state government shall within seven days report the fact of approval of the order passed by the appropriate officer to the central government .....
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