Court : Gujarat
Reported in : (2005)1GLR889
..... after the intimation is given as ordered earlier, the railway authority shall be at liberty to recover the amount in accordance with law, including by exercising the right of lien, if any, as per section 83 of the act against the concerned petitioners and in the event no such right of lien is available, it would be open to the railway administration to initiate appropriate proceedings for recovery of the amount before the appropriate court in ..... has produced the copy of the said decision of jarkhand high court and contended that if the requirement of principles of natural justice are not followed the power under section 73 of the act would not be attracted and no penalty can be made recoverable and it is further submitted that if the exercise of power for recovering of penalty charges cannot be maintained, even subsequently ..... that en route weigh bridge of railway can be said as one of the electronic weigh bridges which would be included in the standard weights and measures (enforcement) act and since the authority found that there is difference of weights the seals were applied and he further submitted that even if the said weigh-bridge is ..... arises to the extent that the railway administration is not in a position to exercise the right of lien, then in that case as per the scheme of the act there is no express enforcement provided for recovery of such punitive charges as contemplated under section 73 and the option available to the railway would be for recovering the amount .....
Tag this Judgment!Court : Gujarat
Reported in : (1993)2GLR1202
..... shall in relation to such person, be deemed to be the ceiling area, to be held by him in this state:provided that where any such person disposes of, at any time before the determination of ceiling area under this act, any land or part thereof so held by him in any other part of india outside the state in accordance with the provisions of law in force in such part, the area equal to the land or part thereof ..... , affecting the unclaimed dues of some employees who may have gone outside the state, was extra-territorial in operation, held that the unpaid accumulations defined under the act would be earned by the employees within the stale and the situs of the unpaid accumulations would also be within the state and these facts constituted sufficient territorial nexus to ..... in urban agglomerations throughout the territory of india, it was competent for the parliament under entry 18, list ii of the seventh schedule not only to have the states specified in the schedule to the act where the law will extend, but also include the categorisation of urban agglomerations in respect of the whole of the territory of india' would go against the petitioners. ..... this proposition laid down by the supreme court, does not help the petitioners because as we have held hereinabove, the impugned provisions of the said act have no extra-territorial operation and they do not affect the holding of a person outside the state of gujarat: they have a bearing only on the question of computing the ceiling area that a .....
Tag this Judgment!Court : Gujarat
Reported in : 1976CriLJ882; (1976)GLR201
..... and as a result of the ordinance, the detaining authorities were empowered to detain a person if they were satisfied with respect to any person (including a foreigner) that with a view to preventing him from acting in any manner prejudicial to the conservation of foreign exchange or with a view to preventing him from (i) smuggling goods, or (ii) abetting other persons to smuggle goods, or (iii) dealing in smuggled goods, it ..... re-enacted with or without modification, then, unless it is otherwise expressly provided, any appointment, notification, order, scheme, rule, form or bye-law, made or issued under the repealed act or regulation, shall, so far as it is not inconsistent with the provisions re-enacted, continue in force, and be deemed to have been made or issued under the provisions so re- ..... order passed under the misa should be deemed to have been passed under the cofeposa act by virtue of the provisions of section 24 of the general clauses act, 1897 and once the deeming fiction is applied, the maximum period of duration of detention under section 10 of cofeposa act should be counted from september 21, 1974 when the original order of deten- tion ..... the misa as originally enacted on july 2, 1971 provided for detention of a person if the detaining authority was satisfied that with a view to preventing him from acting in any manner prejudicial to (i) the defence of india, the relations of india with foreign powers, or the security of india, or (ii) the security of the state or the .....
Tag this Judgment!Court : Gujarat
Reported in : (1966)7GLR717
..... it is within the expansive range of that provision imparting of knowledge or information pertaining to the cause of freedom or liberty (liberty of thought, expression, belief, faith and worship are enshrined in our constitution) by any appropriate method would, in my judgment, be an act likely to promote public instruction.it would, therefore, be seen that the import of the expression 'public instruction' is a large one and anything which imparts knowledge or instruction leading to the development of the individual intellectually, culturally, ..... the state government to acquire an immovable property in two cases, either when the commissioner is unable to acquire the immovable property by agreement under section 77 or the immovable property is required for the purpose of the municipal act and when the commissioner moves the state government in the manner prescribed in the section, the state government is given the power to adopt proceedings for acquisition of the immovable property as if the immovable property ..... to be needed for the public purpose specified in column 4 of the schedule hereto.and whereas the commissioner, baroda division, is satisfied after considering the report of the collector under sub-section (2) of section 5-a of the land acquisition act, 1894 (i of 1894), that the said lands are needed to be acquired at the public expense (or at the expense of a local body or corporation or company as the case may be) for the public purpose specified in column 4 of .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)1GLR595
..... the petitioner, then also the said could well be applicable to the inquiry officer who was holding departmental proceedings and in absence of specific power to summon witness as it is provided in the public servants (inquiries) act, 1850 it would not have been possible for the concerned officer to summon private citizen who is under no obligation to remain present to attend the inquiry that would amount to undue encroachment upon the right of a citizen ..... as per the charge sheet dated 4/6/1989 authority levelled charge against the petitioner that the petitioner had acted as unbecoming a member of the armed force in disobeying and defying the legitimate order of his superior in proceeding to performing his duties in bihar as he was required to attend the duty for internal securities in ..... charge is only to the effect that he had defied the order of his superiors and thereby shown a rebellion act which was unbecoming of a member of police force which can not be in any way condoned as it would amount to giving license or setting ..... the petitioner has not only reported at bihar but concerned authority has accepted and acted upon the certificate issued by civil surgeon as his leave for the period from 15/4/1989 to 17/4/ ..... point of view the punishment of dismissal which is in fact an economic death not only to the delinquent but also to his family members ought not to have been imposed for such an act which in fact go to show that petitioner could not report in time as he was hospitalised. .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)2GLR943
..... submitted that the irregularity committed by the raiding officer before raiding the premises goes to the root of the legality and validity of the seizure of muddamal brown sugar and as the provisions of section 42 of the said act are mandatory, non-compliance of the provisions of the said section would make conviction bad and the resultant effect would be that the irregularity committed by the raiding party, mainly, the officer heading the ..... offences after previous conviction: (1) if any person who has been convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, any of the offences punishable under this act is subsequently convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, an offence punishable under this act with the same amount of punishment shall be punished for the second and every subsequent offence with rigorous imprisonment for a term which may extend to ..... it is alleged that the convict jenaben @ jenamben razak ismail was convicted by the court of session for the offence punishable under sections 22 and 29 of the said act, and thereafter, again on 23rd february, 2003, at about 20-35 hours, on secret information being received, the police had raided her residential house at rajkot and the appellant-convict was found in possession of brown sugar worth rs. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1979Guj140; (1979)GLR24
..... all these sarais are put up by philanthropic people with a view to provide shelter to the visiting pilgrims and these properties are registered as public trust properties under the provisions of the bombay public trust act, the municipality, which is the appellant in all these appeals had first made attempts to levy the house tax on all these sarais managed by these trustees and other buildings situated within the municipal limits of ..... was to be imposed, the second ground that was pressed into service was that the sanction of the rules by the government and earlier procedural stages were under the district municipal act, 1901, but on account of the repeal of the said act, all those stages and steps had been rendered non-consequential with the result that the notices in question, exs, 85 and94, could not publish the non-existing rules. ..... rule, bye-law, or form made, issued, imposed, or granted in respect of the said boroughs or districts and in force immediately before the date of the commencement of this act shall in so, far as they are not inconsistent with the provisions of this act be deemed to have been made, issued imposed or granted under this act in respect of the borough and shall continue in force until it is superseded or modified by any appointment, notification, notice, tax, fee,order, scheme, licence, .....
Tag this Judgment!Court : Gujarat
Reported in : (1997)1GLR599
..... offences involving moral turpitude in the sense that the alleged acts can be said to be a conduct which is contrary to honesty, good morals or unethical since at the most it was on incident of some scuffle between the petitioner and other persons alleged to be involved in the incident, are to be read in context of the ..... 3 was holding the office of sarpanch, the proceeding under section 59(1) of the gujarat panchayats act, 1993 (hereinafter referred to as 'the act') were initiated. ..... whether the act constitute an offence of moral turpitude, there cannot be a strait-jacket formula. ..... this act of the respondent no. ..... 3 akbarbhai rahimbhai momin from the office of sarpanch under the provisions of section 59(1) of the gujarat panchayats act, 1993.2. ..... these facts are sufficient to improbablise the complainant's case for the limited purpose of proceedings under section 59 of the act. .....
Tag this Judgment!Court : Gujarat
Reported in : I(1991)ACC529; 1991ACJ585; (1991)1GLR352
..... unfortunately, the tribunal applied the doctrine of actio personalis moritur cum persona along with the provisions of section 306 of the indian succession act in respect of the entire claim without taking into account the separate claim under the head of loss to the estate of the deceased, ..... the party; and except also cases where, after the death of the party, the relief sought could not be enjoyed or granting it would be nugatory.a plain reading of section 306 of the indian succession act would go to show that as a general rule, actions founded upon proprietary rights would survive but the personal actions would not survive. ..... put by the tribunal in the impugned judgment is accepted, it would, undoubtedly, run counter to the purpose and policy of the benevolent provisions under the act and would result in unjust benefit to the estate of the wrongdoers and substantial loss to the estate of the persons wronged. ..... the cause of action which excluded or which does not survive in view of the exception in section 306 of the indian succession act, like defamation, assault or other personal injuries not causing death of the party, is to be examined in the light of the rationale ..... well settled that if interpretation of a welfare legislation or any provision of the statute is capable of two constructions, that construction should be preferred which furthers the policy of the act or provision concerned and which is more beneficiary for the class in whose interest the law has been made.19. .....
Tag this Judgment!Court : Gujarat
Reported in : (1993)2GLR1159; (1994)IILLJ348Guj
..... before parting with this judgment it would be worthwhile to draw attention of the special forums created under special legislations like the industrial disputes act and other allied enactments that matters coming before them for adjudication need not be disposed of only on such preliminary issues. ..... the date of dismissal is august 10, 1981 by which time the amending act was brought into force. ..... it appears that the labour court has lost sight of the industrial disputes (gujarat amendment) act, 1981 ('the amend-ing act' for brief). ..... thereby, the reference came to be rejected only on the ground that the petitioner herein did not answer thedefinitionof the 'workman' contained in section 2(s) of the industrial disputes act, 1947 ('the act' for brief). 2. ..... 1,000/- specified in section 2(s)(iv) of the act was raised from rs. ..... this amending act has come into force with effect from august 1, 1981. ..... by this amending act, the limit of rs. ..... in that casethe concerned employee was dismissed from service prior to the date of coming into force of the amending act. ..... in that view of the matter, the petitioner herein could not have been held to be outside the purview of the workman as defined in section 2(s) of the act 3. .....
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