Court : Gujarat
Reported in : (1996)1GLR342
..... object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence; and that emphatically brings out the principle that the punishment prescribed by section 149 is in a sense vicarious and does not always proceed on the basis that the offence has been actually committed by every member of the unlawful assembly.mr. ..... in the absence of evidence, or reasonable explanation, that the prisoner did not intend to stab in the stomach with a degree of force sufficient to penetrate that far into the body, or to indicate that his act was a regrettable accident and that he intended otherwise, it would be perverse to conclude that he did not intend to inflict the ..... to put it shortly, the prosecution must prove the following facts before it can bring a case under section 300 'thirdly';first, it must establish, quite objectively, that a bodily injury is present;secondly, the nature of the injury must be proved; these are purely objective investigations;thirdly, it must be proved that there ..... every person has a right, subject to the restrictions contained in section 99, to defend -first - his own body, and the body of any other person, against any offence affecting the human body;secondly - the property; whether movable or immovable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1963Guj330; 1963CriLJ615; (1964)0GLR42
..... before we deal with the contentions raised before us on behalf of the petitioner, it will be necessary for us to examine the relevant provisions of law in relation to the extradition of fugitive criminals because action is taken against the petitioner under section 9 read with section 3 of the indian extradition act, 1903, on a requisition made by the government of kenya to the union of india for the surrender of the petitioner on the ground of his being a fugitive criminal.7. ..... he accordingly committed the petitioner to prison under section 9 read with section 3(4) ot the indian extradition act to await the orders ot the central government for his extradition to kenya to stand his trial for an offence under section 308 of the indian penal code in the resident magistrate's court at nairobi. ..... in our view the reciprocity and the mutuality of obligations introduced by the combined effect of section 19 and the fugitive offenders act, 1881, between india and kenya disappeared with india ceasing to be a british possession. ..... that obligation which has thus come into existence is the one under section 9 of the indian act it kenya was held to be a state outside india not being a foreign state.14. ..... the learned magistrate held an inquiry under section 9 read with section 3 of the indian extradition act, 1903, and section 207 of the code of criminal procedure of india. .....
Tag this Judgment!Court : Gujarat
Reported in : 2005CriLJ2428
..... though, no doubt, the courts exercising powers of judicial review do not consider the challenge to an order of detention, as if on an appeal reappreciating the materials, yet since an order of detention in prison involves the fundamental rights of the citizen, freedom of movement and pursuit of normal life and liberty, no absolute immunity can be claimed by the respondents as to the decision arrived at and it is open to the courts to see ..... also, the involvement of the present petitioner is found by the detaining authority from the statement of the driver of the tanker, who in turn thereafter, retracted the statement and filed affidavit that he was acting on his own and not under the instructions or in the management of the petitioner so far as the unloading kerosene to shri ambubhai naranji goja was concerned. ..... it becomes necessary to note here that thereafter, the driver shri ghanshyambhai agrawal not only informed the authorities that he was acting on his own and not as per the instruction of the petitioner, but he also filed an affidavit to this effect and submitted before the authorities, which in turn was made available to the petitioner along ..... order passed by the district magistrate, surat on 25th january, 2005, against the petitioner in exercise of powers under sub section (2)(a) of section 3 of the pbm act is hereby quashed and set aside. ..... order of detention, therefore, has been rightly quashed and the writ petitioner ordered to be released from detention in prison.'14. .....
Tag this Judgment!Court : Gujarat
Reported in : (1968)IILLJ46Guj
..... , but does not include any such person - (i) who is subject to the army act, 1950, or the air force act, 1950, or the navy (discipline) act, 1934; (ii) who is employed in the police service or as an officer or other employee of a prison; or (iii) who is employed mainly in a managerial or administrative capacity; or (iv) who, being employed in a supervisory capacity, draws wages exceeding five hundred rupees per ..... employed in any industry to do any skilled or unskilled manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied, and for the purpose of any proceeding under this act in relation to any industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connexion with, or as a consequence of that dispute, or whose dismissal, discharge or retrenchment has led to that dispute ..... 42 whether before or after his dismissal or discharge; but does not include - (i) a person who is employed in the police service or as an officer or other employee of a prison; (ii) a person who being employed primarily in a managerial, administrative or supervisory capacity draws basic pay (excluding allowances) exceeding five hundred rupees per month, and (iii) irrespective of the pay ..... section 122 of the bombay industrial relations act repeals the bombay industrial disputes act, 1938, and provides for the .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)1GLR319
..... the detention by police after arrest and detention on remand in police custody are clearly not intended to be covered by the last part of section 40 of the act because if that would have been the intention, as is provided in the first and second part of subsection (1) of section 40, the legislature could have provided for suspension of the holder of elected office merely on institution of a criminal case against him under any ..... practical difficulty that may arise in the functioning of the local body, i am of the view that the expression 'detention in jail during trial' mentioned in second part of section 40(1) of the gujarat municipalities act should not be narrowly construed, and that the expression 'detention in jail during trial' should include the detention during pre-trial, trial and post-trial. ..... learned single judge and in this court, which is based on the interpretation of the provisions of section 40 of the act is that since the detention of the petitioner in prison was not during `trial' within the meaning of criminal procedure code (cr.p.c. ..... 2001 in exercise of his powers under section 40 of the gujarat municipalities act, 1963 (for short `the act') suspended the petitioner from the office of the president on the ground of his detention in prison. ..... to assign such meaning to the word 'trial' used in the expression 'detained in prison during trial' as would best effectuate the object of the act without doing violence to the plain meaning of those words in the section. 12. .....
Tag this Judgment!Court : Gujarat
Reported in : (1973)14GLR104
..... of rigorous imprisonment for seven years imposed on him by another sessions court for offences under section 394 and 397 of the indian penal code has given rise to a challenge to the vires of rule 4(2) of the prisons (bombay furlough and parole) rules, 1959, hereinafter referred to as the 'parole rules', framed in exercise of powers conferred by the relevant provisions of the prisons act, 1894, on the ground that the said rule is discriminatory in character and is violative ..... it appears that his request for such leave was refused by the inspector general of prisons on the ground that he having been convicted under section 394 & 397 of the indian penal code, he was not entitled to claim furlough leave as per rule 4(2) of ..... daru, as amicus curiae appearing for the petitioner, that rule 4(2) which disentitles a prisoner convicted of offences under sections 392 to 402 (both inclusive) to claim furlough leave is discriminatory and violative of article 14 of the constitution of india which guarantees the fundamental ..... that he is also concurrently undergoing a sentence imposed under sections 394 and 397, it is urged, will not disentitle him from claiming the right to the grant of furlough leave which is available to him in his capacity as a prisoner undergoing a sentence under section 302 of the indian penal code. ..... now, rule 4(2) of the parole rules enjoins that prisoners convicted of offences under sections 392 to 402 both inclusive of the indian penal code shall not be considered for .....
Tag this Judgment!Court : Gujarat
Reported in : 1987CriLJ1777; (1987)2GLR778
..... at the same time he committed another offence covered by the provisions of section 48-a of the prisons act, 1894 (hereinafter referred to as 'the act' for short). ..... 1287 of the bombay jail manual together with section 48-a of the act, it is abundantly clear that the petitioner having committed a prison offence was liable to be dealt with under the provisions of r. ..... section 48-a of the act provides that failure to observe any of the conditions on which a prisoner is released on furlough shall be deemed to be a prison offence. ..... if he commit breach of any of the conditions imposed upon him while releasing him on furlough, the same amounts to a prison offence as provided under section 48-a of the act. ..... this amounts to a prison offence under the provisions of section 48-a of the act.5. ..... the learned counsel for the petitioner contends that the prisoner who has been convicted for offence under the bombay prevention of gambling act by a competent criminal court cannot be dealt with by the jail authorities and no punishment can be imposed upon him by the jail authorities. ..... the rule further provides that all the punishments mentioned in the rule or in section 48-a of the act need not necessarily be awarded in each case. ..... in this view of the matter the inspector (general of prisons rightly held that the prisoner has been awarded punishment by the jail authorities for the prison offence, and not for the offence committed by him under the gambling act. .....
Tag this Judgment!Court : Gujarat
Reported in : (1990)1GLR67; [1990]182ITR413(Guj)
..... tax recovery officer has issued and served a notice upon the defaulter calling upon him to appear before him on the date specified in the notice and to show cause why he should not be committed to the civil prison, and unless the tax recovery officer, for reasons recorded in writing, is satisfied - (a) that the defaulter, with the object or effect of obstruction the execution of the certificate has, after the drawing up of the ..... . (1) upon the conclusion of the inquiry, the tax recovery officer may make an order for the detention of the defaulter in the civil prison and shall in that event cause him to be arrested if he is not already under arrest; provided that in order to give the defaulter an opportunity of satisfying the arrears, the tax recovery officer may, before making ..... . a reading of rule 73(1) makes it clear that as a condition precedent for arrest and detention in civil prison of a defaulter, the tax recovery officer must find out that whether the conditions mentioned in rule 73(1) (a) and (b) ..... . as far as section 34, corresponding to section 147 of the present act, is concerned, it is a substantive section and the officer concerned must get satisfied with regard to the facts mentioned in section 34 corresponding to section 147 as observed by the supreme court in the abovesaid decision. mr. ..... . rule 73(1) clearly states that no order for the arrest and detention in civil prison of a defaulter shall be made unless the tax recovery officer, for reasons recorded in writing .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)2GLR1545
..... . accepted articles there is no provision section 31 of the prisons act as donation, i.e ..... . quoting section 31 of the prisons act and referring to rule 1365 of the jail manual, it is submitted that when statutory provisions have conferred obligations on him as jail superintendent, it was his statutory duty to permit the jail inmates to have access to such items as ..... . 3 after joining as superintendent of central jail, sabarmati, he had studied carefully the provisions of prisons act, bombay jail manual and committee rules for superintendence and management of jails ..... the entry of motor vehicles carrying the presiding judge of the court trying the cases of under-trials whose movements have been restricted because of the orders passed under section 268 of the criminal procedure code and which was followed by the administration was also an act that can be said to be a decision involving a policy matter because till the date the new system was attempted to be introduced, such vehicles were taken inside ..... . bhatt regarding filing of affidavit or making a statement in a proceeding being conducted by the learned presiding judge of the court in the prison campus itself, against the accused against whom the orders under section 268 of the criminal procedure code have been passed by the state government, clearly indicates that there is a hidden element either of absence of rapport or disharmony between these two very senior officials .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)2GLR1577
..... we have no manner of doubt that the detention by police after arrest and detention on remand in police custody are clearly not intended to be covered by the last part of section 40 of the act because if that would have been the intention, as is provided in the first and second part of sub-section (1) of section 40, the legislature could have provided for suspension of the holder of electedoffice merely on institution of a criminal case against him under any provision of law. ..... the main contention advanced by the petitioner before the learned single judge and in this court, which is based on the interpretation of the provisions of section 40 of the act is that since the detention of the petitioner in prison was not during 'trial' within the meaning of criminal procedure code (cr.p.c. ..... the director of municipalities by his impugned order dated 21-6-2001 in exercise of his powers under section 40 of the gujarat municipalities act, 1963 (for short 'the act') suspended the petitioner from the office of the president on the ground of his detention in prison. ..... on well established principles of interpretation of statutes we have to assign such meaning to the word 'trial' used in the expression 'detained in prison during trial' as would best effectuate the object of the act without doing violence to the plain meaning of those words in the section.12. .....
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