Court : Gujarat
Reported in : (1989)2GLR1229
..... of the tourist buses, by plying their vehicles regularly as stage carriages. most of the permits obtained under section 63(7) of the central act in the states other than the state of karnataka are made use of for the purported use of running the tourist buses, hut actually the permits were misused to run the tourist vehicle ..... the all india tourist buses on the other hand are exploiting the loopholes available in the law and operate point to point passenger services on routes where the volume of traffic is heavy viz., routes like bombay-kolhapur, bombay-manglore (banglore). bombay-panaji, bombay-belgaum, bombay-ahmedabad and bombay-indore.21. it has been noted by the ..... be said that the respondents' action was in any way unauthorised, ultra vires or ad hors the provisions of section 129a of the act.7. chapter iv of the motor vehicles act, 1939, relates to control of transport vehicles and covers sections 42 to 68. section 42 provides for necessity of permits. section 42(1) reads as under:42 .....
Tag this Judgment!Court : Gujarat
Reported in : 1993LC680(Gujarat); 1993(63)ELT616(Guj)
..... of the supreme court in s.i. sachdev and others v. union of india and ors. (air 1981 sc 411), decision of the karnataka high court in mangalore chemicals & fertilisers ltd. & ors. v. assistant collector of central excise, mangalore & ors. [1986 (23) ..... that, the master of the vessel had subjected himself to that condition and had not protested. the petitioners had no control over the same and we see no justification for subjecting the petitioner to a higher rate of duty, merely because ..... granted by the assistant collector. moreover, because of the public notice, the shipping agent was required to approach the traffic department of the kandla port trust for obtaining a certificate to the effect that the vessel was ready for discharging the ..... the procedure to be followed during 'special periods', does not provide for such a requirement. the only provision in the act which permits giving of directions and instructions is section 151a. it authorises the board to issue such orders, instructions and .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)3GLR2153
..... air 1960 sc 1208, bal patil and anr. v. union of india and ors. : air 2005 sc 3172, t.m.a. pai foundation v. state of karnataka : 2002 (8) scc 481.6. learned counsel shri harin rawal, appearing for the central government-first respondent relied extensively through the counter-affidavit filed on behalf of ..... programme also stipulates the target group of this programme would be eligible sections among the minorities notified under section 2(c) of the national commission for minorities act, 1992 viz. muslims, christians, sikhs, buddhists and zoroastrians (parsis). 15-point programme was envisaged for welfare of the minorities and not exclusively for muslim ..... xi) civil rights centres will be opened in universities, beginning with central universities.(xii) a high level committee has been constituted to review the delimitation act and the concerns expressed by the sachar committee regarding anomalies in the representation of muslims have been considered by this committee.(xiii) it has been .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1960Guj37; 1960CriLJ1585
..... order(1) the applicant was convicted under s. 3(1) and s. 4(1) of the suppression of immoral traffic in women and girls act, 1956, which will be hereinafter referred to as the act. the judgment of the judicial magistrate, first class, junagath, was confirmed by the sessions judge, junagadh, in appeal. hence this revision application.(2) ..... the following points were raised by the learned counsel for the applicant, (1) the assistant superintendent of police was not specially empowered by the government; (2) under the act, a police officer must be specially empowered. he relies on emperor v. udho chandulal, air 1943 sind 107. it is next contended that the asst. superintendent of ..... habitually in the company of, a prostitute; or (b) to have exercised control, direction or influence over the movements of a prostitute in such a manner as to show that such person is aiding, abetting or compelling her prostitution; or (c) to be acting as a tout or pimp on behalf of a prostitute, it shall be presumed .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1962Guj128; (1962)0GLR269
..... volume 22, page 805, paragraph 1693. that passage is as follows:'1693. stare decisis in special courts or tribunals : the decisions of the railway and canal traffic commission which, before its abolition, was a court of record and of co-ordinate jurisdiction with the queen's bench division, were binding on the commission; ..... (iii) the second limb of section 87 clearly expresses an intention that the legislature is-dealing with written laws only and, therefore, that second limb must control the interpretation of the first limb; and (iv) the marginal note indicates that the section dealt with written laws only. in substance the argument is that ..... statute law leaned heavily on the definition of 'law' jn section 2(d) which referred only to statute law and which was in the following terms:'2. definitions : in this act, unless the context otherwise requires- * * * * * (d) 'law' includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1962Guj88; (1962)0GLR204
..... advocate general was not prepared to admit what the learned counsel for the university was prepared to concede and contended that looking to the scheme of the act and the control of the university over the affiliated. colleges therein provided, the words 'to provide for instruction'' etc., in clause (1) and the word 'guide' ..... established and maintained by the university in pursuance of its teaching function and not to colleges over which it exercises a certain amount of control prescribed under the act by reason of affiliation and the power of the university to hold examinations to lay down as incidental thereto approved courses of studies and ..... that in this case there wag already a parliamentary legislation, namely, the mines and minerals (regulation and development) act, liii of 1948, and section 2 of this act contained, a declaration as to the expediency and control by the central government and that the argument, therefore, was that the parliament having made the requisite declaration .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1963Guj259; 1963CriLJ502; (1963)GLR209
..... . one of such powers is dealt with in section 67. it enacts that it shall be the duty of a police officer to regulate and control the traffic in the streets, prevent obstructions therein and, to the best of his ability, to prevent the infraction of rules and orders lawfully made for observance ..... or orders not inconsistent with this act for: xxx x (r) licensing, controlling or, in order to prevent obstruction, inconvenience, annoyance, risk,danger or damage of the residents or passengers inthe vicinity prohibiting: xx x x ( ..... drop the criminal proceedings aforesaid and for restraining him from entertaining future or further proceedings on similar grounds.3. the impugned part of section 33 of the act is as follows:'33. (1): the commissioner and the districtmagistrate, in areas under their respective chargesor any part thereof, may make, alter or rescindrules .....
Tag this Judgment!Court : Gujarat
Reported in : (1963)0GLR1001
..... others : air1959all47 (vide supra). 7. i have carefully considered the reasoning given by the learned judge of the patna high court in kartick chandra dutta v. district traffic superintendent, pandu region, kartihar, north- eastern railway : air1957pat676 (vide supra). with respect, i am unable to agree with the reasons given by them for reaching ..... (vide supra). in that case their lordships were considering the validity of the proceedings taken against a government servant under s. 240 of the government of india act of 1935 which corresponded to art. 311 of the constitution. their lordships made the following observations which are pertinent to the present case : 'it is suggested ..... application no. 470 of 1962 for adding the state of maharashtra as a party to the present proceedings on the allegation that under the bombay reorganization act, 1960, the liabilities which were the subject- matters of the appeal were the liabilities of the state of maharashtra. a show-cause notice was issued .....
Tag this Judgment!Court : Gujarat
Reported in : (1966)7GLR1
..... the exemption which was granted with immediate effect was an exemption from levy of octroi duty under a legislative enactment, namely, the b class municipalities act. the legislative enactment together with the statutory rules made thereunder determined until then the rights and liabilities of the municipality on the one hand and persons ..... us that he was not questioning in this petition the constitutional validity of the miscellaneous alienations abolition act. we may also point out that though the petition challenges the tribunal's order on various grounds, mr. amin confined his challenge on the following ..... state government and therefore the deputy collector as also the revenue tribunal had no jurisdiction to determine that question; and(5) that the miscellaneous alienations abolition act, 1955, was ultra vires the constitution.6. we may point out at this stage that mr. amin, appearing for the petitioner, expressly stated before .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1967Guj130
..... applicants. on the contrary, it was pointed out that the goods tariff rules made by the western railway, by rule no. 8 in chapter i regarding goods traffic, provided that despatch of goods by any particular train was not guaranteed nor will they be responsible for the arrival of goods at any stations within any definite ..... a time which is reasonable, looking at all the circumstances of the case; and he is not responsible for the consequences of delay arising from causes beyond his control. the facts were that, the defendants a railway company, were prevented, by an unavoidable obstruction on their line, from carrying the plaintiff's goods within the usual ..... as such, the railways were liable to make good the loss suffered by the plaintiff , by way of damages. the requisite notices required under the indian railways act and the civil procedure code were given, but as nothing was paid, the suits were filed to recover the respective amounts from the defendants. the defendants in their written .....
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