Court : Gujarat
Reported in : 1990CriLJ2500; (1990)2GLR785
..... res ipsa loquitur is not applicable in such cases and in support of the contention, reliance was placed on syed akhtar v. state of karnataka, 1979 cri lj 1374 : (1980) 1 scc 30 : 1980 scc (cri) 59. shri raju, learned advocate for the applicant, ..... stated that it was proceeding in a zig zag manner and in such a manner that it was not under the control of the applicant. the learned magistrate considered this aspect and specifically observed that the truck was being driven in a high ..... from the evidence that the truck was being driven in a high speed and rashly and negligently and dashed with the traffic island and proceeded towards the right hand side and dashed with the cyclist, causing his death, and then proceeded ahead and ..... that any confessional statement made by the accused before the police is not admissible in evidence under section 25 of the evidence act and, therefore, the confessional part of the statement should not have been considered as an admissible evidence. however, the fact .....
Tag this Judgment!Court : Gujarat
Reported in : II(1990)ACC594
..... at from this angle, we are convinced that the present case deserves no consideration on the question of conviction.in state of karnataka v. krishna alias raju : 1987crilj776 , their lordships of the supreme court even enhanced the sentence to 6 months' rigorous imprisonment ..... the truck was proceeding in a zig zag manner and in such a manner that it was not under the control of the applicant. the learned magistrate considered this aspect and specifically observed that the truck was being driven in a ..... the evidence that the truck was being driven in a high speed and rashly and negligently and dashed with the traffic island and proceeded towards the right hand side and dashed with the cyclist, causing his death, and then proceeded ahead ..... any confessional statement made by the accused before the police is not admissible in evidence under section 25 of the evidence act and, therefore, the confessional part of the statement should not have been considered as an admissible evidence. however, the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1991Guj43; (1990)2GLR808
..... particularly that of scheduled castes and scheduled tribes.17. following the observations made by the supreme court in the case of k . c. vasantkumar v. state of karnataka, reported in : air1985sc1495 , division bench of this high court has indicated that while dealing with the question of reservation the approach of the court should not be ..... : air1990guj65 , even if the authorities have to encounter practical difficulties and face some inconvenience, they cannot be permitted to take away the rights of the citizens and act against the interests of the candidates.43. however, in my opinion, the difficulties sought to -be projected are more imaginary than real. in fact the university has ..... to the state as a matter of public policy, the object being to ensure equality of status and opportunity to all the citizens no person, by any act or conduct, relieve the i state of the solemn obligation imposed on it by the constitution. fundamental rights cannot be made a subject matter of barter by .....
Tag this Judgment!Court : Gujarat
Reported in : (1991)1GLR93
..... in : [1971]3scr693 (lachoo mal v. radhey shyam). in this case the supreme court had occasion to observe as follows:where during the tenancy governed by rent control act the landlord in 1962 entered into an agreement by which tenant was to vacate premises for reconstruction and landlord was to redeliver same after reconstruction, no question of policy ..... for constructions made after 1-1-1951. the agreement is neither illegal nor unlawful nor defeating provisions of any law within meaning of section 23 of contract act.we are not able to understand how this decision and the principles enunciated in it can have any application to the facts of the present case. a ..... . dora reported in : [1960]1scr426 . in this case the supreme court had occasion to consider the effect of the double-member constitutency under the representation of the people act, 1951. in that decision the supreme court held:per majority (j.l. kapur, j. dissenting) - an election to the house of the people even from a double .....
Tag this Judgment!Court : Gujarat
Reported in : (1991)1GLR226
..... there and p.s.i. dabhi had left for that place. he, therefore left for rasulabad colony after informing head constable dahyabhai to send message to the control room for sending mobile van. he reached rasulabad colony at about 3-30 p.m. he found that near the house of accused no. 1 one car ..... learned judge has specifically stated in the charge that all the accused formed unlawlful assembly for committing murder, rioting and for committing offences under the explosive substances act; they were armed with deadly weapons and for fulfilling that common object and/or common intention they had assaulted deceased babakhan and caused injuries to the witnesses ..... and accused no. 3 armed with bomb formed an unlawful assembly whose common object or common intention was to commit murder, rioting and offence under explosive substances act and for achieving the aforesaid object all went near the shop of rahimbhai cyclewala which is near shalimar talkies, ahmedabad. for fulfilling the aforesaid common object .....
Tag this Judgment!Court : Gujarat
Reported in : (1991)2GLR1225
..... nature of the contract for sale of goods, had once again arisen before the supreme court of india in the case of hindustan aeronautics ltd. v. state of karnataka : [1984]2scr248 . in this decision while putting the significant difference, between the works contract of service and contract for sale of goods, very succinctly, the ..... gobar salt, etc., to the dyes of diverse quality and concentration. it was pointed out that the abovesaid addition of gobar salt, etc., was not an act of manufacturing. again here we are not concerned with the question of manufacturing something from some other commodity, and therefore, we feel that the abovesaid bench decision ..... sales tax officer, ahmedabad, the assessee-company had claimed that the transactions were works contracts, and therefore they did not attract any tax whatsoever under the act. the assessee-company therefore had requested that the amount of purchase tax already paid by them should be refunded. in the alternative, the assessee-company had .....
Tag this Judgment!Court : Gujarat
Reported in : [1993]202ITR869(Guj)
..... of an independent business.' we find ourselves in complete agreement with the said proposition. the karnataka high court in mysore bangle works v. cit : [1986]157itr411(kar) , while construing the provisions of section 40(b) of the said act, opined that the said provisions was absolute in its terms and made no distinction between payments ..... -firm after the government of india took action under the essential supplies (temporary powers) act and took over the sugar factory of the firm and appointed two authorised controllers, were not inadmissible under section 10(4) (b) of the act of 1922. it appears that the board of management in that case was appointed by ..... a firm and yet be appointed as an authorised controller under the essential supplies (temporary powers) act and his acts of commission of omission, while acting as an authorised controller or a member of the board of management, would not bind the other persons because he does not act as their agent in that capacity and the remuneration .....
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 : (1992)2GLR1460; (1992)2GLR1471
..... and indiscreet exercise of powers. to say on the one hand that but for the preventive detention of the concerned petitioners under bm act, it was not possible to inmediately control and prevent them from carrying on their futuristic black-marketing activities prejudicial to the maintenance of supplies of commodities essential to the community, ..... careful enough to update their procedures in keeping with the strict directives laid down by his court the prospect of criminal adventurists continuing their precious metal traffic could have been pre-empted constitutionally by successful preventive detention. had the rulings of this court, from time to time, in the precious area of ..... question that may arise under such circumstances is,-is it not the duty of the state government to decide some special effective measures to check and control and thereby put the defaulting statutory functionary on the right track by entrusting this particular aspect to some such high power administrative cell, as not .....
Tag this Judgment!Court : Gujarat
Reported in : 1994ACJ404
..... including death. but penalty is material reparation payable for breach of duty to pay the compensation within the statutory period prescribed under the act. penalty is distinctly different from compensation. now, the above view of the karnataka high court is also in line with our thinking which we have indicated hereinabove.38. in oriental fire & general ins. co. ..... pay penalty envisaged by section 4-a of the wc act. in para 7 of the report in that case, the division bench of karnataka high court observed as follows:there is another important question to be considered in this case. it is whether the ..... that for the liability of the employer for penalty under section 4-a of the wc act, the insurance company cannot be held responsible.37. in oriental insurance co. ltd. v. jevaramma 1988 acj 671 (karnataka), the division bench of the karnataka high court was also called upon to decide whether the insurance company was liable to .....
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