Court : Gujarat
Reported in : (2005)2GLR1142
..... have been appointed under the bombay home guards act, 1947 and the bombay home guards rules, 1953, who numbered about 45,000 as determined by the state government are different from the border wing home guards though formed under the same act.7.4 the learned counsel relied upon the provisions of the scheme and also appendix to the said letter which provides organisational set-up, strength of a section, uniforms, office furnitures and equipment, training grants/training ..... there is no such area requirement for recruitment of ordinary home guards under the bombay home guards act, 1947 and the rules framed thereunder.26.1 the petitioners are concerned with national security as they are a paramilitary force whereas the ordinary home guards are concerned with law and order. ..... .8l it was further submitted that neither the designation nor the actual nature of duty being performed by the petitioners belonging to the 2nd battalion of border wing home guards of various designations referred to above are comparable with those belonging to full-time (regular) members of border wing home guards by any stretch of imagination.10.8m it was further submitted that in order to claim a relief of parity on the basis of the alleged equality, it is for claimants (the petitioners) to prove and ..... it is hardly for a few days during the period from 1986 to 1992 that some of the petitioners were posted in the out-post area of khavda or lakhpat etc. .....
Tag this Judgment!Court : Gujarat
Reported in : (1994)1GLR761
..... this court, after examining the right conferred by clause (5) of article 22 of the constitution and the limitations placed upon it by clause (6) of that article, held that since sub-sections (1) and (2) of section 8 of the national security act substantially reproduce the provisions of clauses (5) and (6) of article 22 of the constitution, what has been laid down in the context of the said constitutional provisions would apply proprio vigore to the obligation imposed and duty ..... on careful reading of the said decision, it can be said that the ratio of the decision is that the privilege under section 8(2) of the national security act can be claimed by the detaining authority only when it is properly and genuinely satisfied that it is against public interest to disclose the facts which are withheld while communicating the grounds of detention to the detenu, ..... the said observation came to be made by the court in balkrishna's case keeping the detenu in mind while the observation which has been made by this court in bai amina's case is with reference to the nature and extent of the constitutional right of the detenu when he is detained by way of preventive action. ..... as cabinate minutes, confidential dispatches of departmental or inter-departmental authorities or papers involving the security of the state or diplomatic relations are a class of documents which it would be damaging to the national interest to divulge and there confidentiality is to be safe-guarded in the national interest. .....
Tag this Judgment!Court : Gujarat
Reported in : (1994)1GLR5
..... during pendency of land owners' reference petitions under section 18 of the land acquisition act, application was moved by union of india through the deputy inspector general, national security guard for being impleaded as respondent on the ground that its interest would be adversely affected in case of enhancement of rate of compensation and that it would also be deprived of opportunity to file appeal in case of its non-inapleadment. ..... section 6 of the act deals with declaration to be made by the appropriate government after considering the report if any made under section 5a to the effect that the parcel of land covering notification under section 4(1) is required for public purpose. ..... under section 4 of the act, power is given to the appropriate government to acquire land by following the procedure stipulated therein. ..... the high court took the view that as the land was acquired by the government, the company had no interest in the same and was, therefore, not entitled either to appear or defend the proceedings before the court. ..... now, it cannot be disputed that when the acquisition is for a local authority or a company, state government can while issuing notification provide that the body for whose benefit the acquisition is made shall provide compensation. ..... shaikh, learned assistant government pleader appearing for the special land acquisition officer, strenuously urged before the court that ordinarily under civil law, such a party is neither necessary nor proper party. mr. b.j. .....
Tag this Judgment!Court : Gujarat
Reported in : (1997)2GLR1499
..... land was acquired by the state government for national security guard as desired by the union of india ..... but we refrain from doing so because the learned solicitor-general in all fairness, has both orally and in his written submissions dated august 28, 1979 committed himself to the position that under section 18-f, the central government in exercise of its curial functions, is bound to give the affected owner of the undertaking taken over, a 'full and effective hearing on all aspects touching the validity and/or correctness of the order and/or ..... opportunity to make any representation in this behalf, hold an inquiry into the matters referred to in sub-rule (1) and while holding such inquiry he shall -(i) in any case where the land proposed to be acquired is agricultural land consult the senior agricultural officer of the district whether or not such land is good agricultural land;(ii) determine, having regard to the provisions of sections 23 and 24 of the act, the approximate amount of compensation likely to be payable in respect of the land ..... has been entered into between the acquiring body and the state government has been published in government gazette on 24-1-1986 but publication of the said agreement is not to be considered for the purpose of section 41. ..... and the state government as contemplated by section 41 on 17-1-1986. ..... , the notification under section 4 was issued on 25-1-1986. ..... notification under section 4 was issued on 23-1-1986; whereas the notification under section 6 was .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)4GLR2777
..... this session of hearing in some cases, we have noticed that the corporation posted security guards to see that no activities of construction are carried on or buildings are not ..... the deponent has referred section 57 of the bombay land revenue code with a view to point out that without paying conversion charge to the state government, the builder has disposed of the property in violation of the provisions contained in the bombay ..... express any opinion about the legality or otherwise of the ordinance no.6 of 2000 as the said ordinance is challenged and the issue is pending before another division bench.it is required to be noted that earlier the government itself made mandatory provisions in view of the national building code, to provide firesafety measures in highrise buildings ..... . 6 of 2000, it would be most appropriate to direct the ahmedabad municipal corporation to provide fire safety measures as required under the national building code as adopted by ahmedabad municipal corporation within a period of two months and the corporation shall thereafter recover the cost of the same from the builder, as it was his responsibility to ..... that the contract cannot stand in the eye of law in view of the judgment reported in 1986 sc 1571 which we have discussed above, it also appears that the agreement is in contravention of the provisions of the flats act and the promoter / builder has not followed the provisions contained in the aforesaid flats act and even the officers of the corporation kept mum.27. .....
Tag this Judgment!Court : Gujarat
Reported in : [2006]69SCL151(Guj)
..... he has also submitted after due deliberation and discussion with the official liquidator that since the state government has discharged the liabilities of the mills company towards secured creditors and labourers and there is still surplus fund available with the official liquidator in the account of gstc and since the state government has undertaken to discharge the liability, if any, which may arise in future, the official liquidator has no objection ..... became a part of a unit of gstc by virtue of the provisions of the gujarat state textile undertakings (nationalization) act, 1986. ..... the company and he was directed to take over the charge of all the assets and properties of gstc including possession thereof and the gujarat industrial development corporation was appointed as an agent of official liquidator under section 457(2)(v) of the companies act, 1956 for the purpose of preservation, protection and disposal of the property of the company in liquidation. 5. ..... accordingly, all submissions are made, arguments are canvassed and documents were referred to keeping in mind the reliefs sought for in the said ..... applicant has also prayed for the permission to post security guards at its own expenses within the premises of m/s ..... up order having been passed, statement of affairs was filed by the director of gstc before the official liquidator and the symbolic possession of all the textile mills units and head office have been taken over by the official liquidator at the relevant time.6. .....
Tag this Judgment!Court : Gujarat
Reported in : 2000CriLJ4363; (2000)3GLR45
..... deceased ramila, aged 5 years, other witnesses, stating the circumstances against the accused showing his involvement in the commission of the offence including the witnesses, who had associated in the search of ramila, panch witnesses of scene of offence, panch witness of the panchanama of dog tracking, the police investigation officer, who has referred to inquest report, panchanama of scene of offence, arrest panchanama, dog tracking panchanama, discovery ..... the doctor as to how her private parts had been injured, she also did not disclose about abrasions or bruises on her back and she suppressed the wrong done by the accused and the incident was suppressed for no good cause by the victim as well as mother at the initial stage and the fir was filed after two days, the court ..... with the case of rape and murder of a young girl of 18 years by security guard of the building. ..... this fact together with the alleged atrocities of ipkf against tamilians in sri lanka and non-cooperation of government of india with ltte, at what is termed as the hour of their need, gave rise to grouse which culminated in plotting of a conspiracy to assassinate shri rajiv ..... sections 5(1)(a) and 5(2) of prevention of corruption act, 1947 and sections 135 and 136 of customs act ..... a crime committed on indian soil against the popular national leader, a former prime minister of india, for a political decision taken by him in his capacity as the head of the executive and which met with the approval of parliament .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)3GLR2505
..... section 65 refers to power of government to sanction or refuse ..... of the panchayats in the metropolitan area in proportion to the ratio between the population of the municipalities and of the panchayats in that area;(c) the representation in such committees of the government of india and the government of the state and of such organizations and institutions as may be deemed necessary for carrying out the functions assigned to such committees;(d) the functions relating to planing and co-ordination for the ..... for enforcing the provisions of the draft development plan; (d) procedure explaining the manner in which permission for development of any land may be obtained from the area development authority or as the case may be, the authorized officer; (e) a statement of the state of development by which it is proposed to meet any obligation imposed on the area of development authority by the draft development plan and, (f) an approximate estimate of the cost ..... corporation was constrained to post security guards. ..... it was pointed out in the written statement that the deputy estate officer visited the site and thereafter the notice was issued on 23.6.94 under section 260(1) of the act, which was served on the plaintiff on 30th june, 1994, calling upon the plaintiff to submit an explanation on or before 7.7.94 and to produce evidence as mentioned in the show cause notice as ..... lacs or was willing to offer bank guarantee of a nationalized bank; however, the corporation has not accepted the same and .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)4GLR459
..... section 43 provides that the central government by notification in the official gazette, direct that any power or function which may be exercised or performed by it under this act other than the power under section 41 or the power under section 44 may, in relation to such matters and subject to such conditions, if any, as it may specify in the notification, be exercised or performed also by such officer or authority subordinate to the central government or such state government or such officer or authority subordinate to the state government ..... in force, from acquiring, having in the possession or carrying any arms or ammunition, or is of unsound mind, or is for any reason unfit for a licence under this act, or(b) if the licensing authority deems it necessary for the security of public peace or for public safety to suspend or revoke the licence, or(c) if the licence was obtained by the suppression of material information or on the basis of wrong information ..... security guards kept for the protection of the nationalised and co-operative banks are permitted ..... passed by the different authorities in purported exercise of power under section 17(3)(b) of the arms act but all orders proceed on common ground of situation of law and order for maintaining peace and public safety in the forthcoming general election to the gujarat legislative assembly in the month of february, 1995, and with reference to order dated 12-1-1994 passed by the chief election commissioner of ..... abutting national highway .....
Tag this Judgment!Court : Gujarat
Reported in : 1997CriLJ3169; (1997)2GLR150; (1997)2GLR463
..... the security guard arjunsinh rathod who was with him also tried to save him, but he was beaten ..... the apex court dealing with the case of single incident, whether that could not afford the basis of arriving at the satisfaction that the petitioner might repeat such acts in future and it was necessary to detain him in order to prevent him from doing so, the court observed thus,an order of preventive detention is founded on a reasonable prognosis of the future behaviour of a person based ..... material, the petitioner cannot be branded as the 'dangerous person' as defined under section 2(c) of the gujarat prevention of anti social activities act, 1985 (hereinafter referred to as 'the pasa act, 1985'). ..... it must be of such a nature that an inference can reasonably be drawn from it that the person concerned would be likely to repeat such acts as to warrant his detention.the question which, therefore, needs to be considered is whether from the conduct of the petitioner as set out in the grounds of detention, it could reasonably inferred that the petitioner is a ..... minister of state of gujarat on october 23, 1996, the machinery of the state government has been in motion to harass the petitioner. ..... in the matter of detention, the court will not assume the jurisdiction to enquire into the facts and will also not import the rule of criminal jurisprudence that the guilt of the accused must be proved beyond reasonable doubt. ..... up to deliver the speech, he head somebody shouting as 'national khajuriyo'. .....
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