Court : Gujarat
Reported in : AIR1963Guj188; 1963CriLJ141; (1963)GLR253
..... a police station has reason !o suspect the commission of an offence which he is empowered under section 156 to investigate, he shall forthwith send a report of the same to a magistrate empowered to take cognisance of such offence upon a police report, and shall proceed in person, or shati depute one of his subordinate officers, not being below such rank as the state government may, by general or special order, prescribe in this belialf to-proceed, to the spot, to investigate the facts ..... section 6 of the prevention of gambling act provides, as follows:'it shall be lawful for a police officer (i) in greater bombay not below the rank of a sergeant or sub-inspector and either empowered by general order in writing or authorised in each case by special warrant issued by the commissioner of police, and (ii) elsewhere not below the rank of a sub-inspector of police authorised by special warrant issued in each case by a district magistrate or sub-divisional magistrate or by a taluka magistrate specially empowered ..... for the same reasons, the evidence of a punter, who is interested in securing a conviction, is unworthy of credit, and there is no reason why the princi ples applicable to one type of witness who is unworthy of ..... that a panchnama made is inadmissible in evidence and that when the pancha has turned hostile, the conviction under sections 4 and 5 of the prevention of gambling act would rest on the evidence of the police officer and the punter, both of whom are interested witnesses. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1962Guj88; (1962)0GLR204
..... registrar of the university, by a circular dated 5th june 1961, circulated sections 4 (27) with the new proviso and 38-a and the amended statutes 207 & 209 inter alia to the principals of affiliated colleges and warned them that the act & the statutes, ordinances and regulations made under the act relating to the medium of instruction must be complied with for otherwise the penalty of ..... enactment is challenged as being beyond the legislative competence of the legislature which made the enactment, the enactment must be examined to ascertain its pith and substance or its true nature and character and if in its pith and substance or its true nature and character it falls substantially within an entry or entries conferring legislative power on the legislature, it would be valid even though it may provide for makers ..... india contained in the constitution which was soon to come into force and particularly in view of the fact that english was the medium of instruction and examination in all universities in the country and there would have to be free transference of students and teachers from one institution of higher education to another throughout the length and breadth of the country in the interests of advancement of higher education, gujarati or hindi cannot be imposed ..... and in re insurance ..... of the majority group have no special educational rights in the nature of a right to be admitted in an educational institution for the maintenance of which they make contributions by way of taxes .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1962Guj68; (1962)0GLR418
..... party, or if his presence cannot be obtained without an amount of delay or expense which under the circumstances of the case, the court considers unreasonable: provided that the proceeding was between the same parties or their representatives in interest; that the adverse party in the first proceeding had the right and opportunity to cross-examine; that the questions in issue were substantially the same in the first as in the second proceeding. ..... it is well-settled that when accounts are taken, the agent is bound to make over to the principal whatever sums he has realised on his behalf; but the agent is equilly entitled to deduct expenses authorised by the principal and all proper expenses even though incurred for purposes not strictly legal. ..... the calcutta case did not refer to a litigation between a principal and an agent of the dealings between them but it related to a contract entered into by an agent in his own name with a third party and subsequently a suit was brought by the principal against the agent for a declaration of his title to the decree obtained by the agent against the third party in respect of a contract entered into by the agent in his own name with the third party. ..... the first contention is that the whole suit is not maintainable because this is a suit between a principal and an agent and the suit admittedly did not comprise all the transactions between the parties. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1962Guj269; [1962]32CompCas970(Guj); (1962)0GLR165
..... petitioner had to establish that the facts were such as would justify the making of a winding up order on the ground that it was just and equitable that the company should be wound up and that it was because in his submission to wind up the company would unfairly and materially prejudice the interests of the company or any part of its members that the petitioner did not want the company to be wound up but wanted relief under section ..... by reason of the subject-matter of the company being gone or for any other reason; in either case the substratum of the company would be deemed to be gone because the share-holders having come together and subscribed money for a particular object, they cannot on the failure of such object be compelled by the vote, of their follow share-holders to 'continue to adventure their money on some quite different project or speculation'. ..... :x x x x x(b) to make available to the lessees all such quotas for coal, tin-plates, import licence, income tax certificates as may be necessary or required by the lessees for efficient working of the said factory and the company will not withdraw the deposits made by the company with the chief director of purchase, central excise and octroi departments provided always that the lessees will provide the necessary finances required for the purchase ..... in that case the principal object of the company was ship-owning but the last of the company's ships had been disposed of in 1919 and thereafter the company's capital was invented .....
Tag this Judgment!