Court : Gujarat
Reported in : 2003CriLJ1646; 2003(88)ECC303; (2002)3GLR347
..... property or any document or other article which may furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under chapter v-a of this act is kept or concealed in any building, conveyance or enclosed place, may between sunrise and sunset,- (a) enter into and search any such building ..... on 10-7-1998, and in the early morning, one police constable kanaksinh came to call him. he has further deposed that he immediately went to vadodara railway police station. he has specifically deposed that p.s.o. devlabhai, after registering the offence, handed over nine packets of muddamal articles together with other articles to ..... to these appeals, are as follows :6.1 one dilipbhai vasant pradhan who is a complainant in this case was serving as police sub inspector in vadodara railway police station. on10-8-1997 at about 0-05 hrs. said complainant in company of police sub inspector shri haribhai ganpatrao galfade, head constables ranjitsinh, fatesinh, .....
Tag this Judgment!Court : Gujarat
Reported in : (1973)14GLR184
..... original accused in summary case no. 874 of 1971, on the file of the special judicial magistrate, first class, railways, viramgam, has filed this revision application against his conviction, for an offence under section 104 of the indian railways act, and sentence to pay a fine of rs. 10/-, in default to suffer s.i. for one week.2. ..... a reference to any of the provisions of the criminal procedure code because, i am well nigh certain that if the attention of the court was drawn to rule 14 in chapter xxvi, headed 'criminal business' in the high court appellate side rules, the said proposition would not have been made. rule 14 provides as under:in the absence ..... bottom and in between there is the court of session. therefore, where an order of conviction is recorded by the magistrate and the order is not appealable under chapter xxxi of the criminal procedure code, it would be open to the aggrieved party to move the high court or the sessions judge to exercise its or his revisional jurisdiction. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1970Guj59; (1970)0GLR330
..... period of six months was also not in contravention of the terms of the original contract. according to shri yagnik and shri shah the act of the railway was illegal because under the terms of the original contract the railway could not recover excess charges with retrospective effect. i would have agreed to their contention if the raiwlay had claimed the excess charges ..... mean that 'coercion' in a legal sense could only exist if the object was to bring about a contract. indeed such an interpretation would render the act inconsistent with itself. section 72, which is in chapter 5, which deals with 'certain relations resembling those created by contract', reads as follows:- 'a person to whom money has been paid or anything delivered by .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1964Guj59; (1963)GLR1033
..... grounds would necessarily be with reference to some criterion before the licensing authority and that criterion would be the policy and the object laid down in chapter iv-r of the act, namely the prevention of abuse and misuse to the detriment of public health of denatured spirituous preparations, such as french polish and varnish.24. mr ..... such french polish and varnish for potable purposes and it was to prevent such misuse of denatured spirituous preparations, like french polish and varnish, that chapter iv-b of the act containing provisions for control and regulation of trade in such preparations had to be enacted. it was in these circumstances that the government of gujarat framed ..... any staff in addition to the existing staff or the extent of additional burden imposed upon the existing staff by reason of the insertion of chapter iv-b in the act and the rules made by the state government. there is also no indication in the affidavit of even an approximate expenditure that the state would .....
Tag this Judgment!Court : Gujarat
Reported in : (1994)1GLR589
..... extract the question which has been referred to this larger bench. the question reads:whether the cases for the offences punishable under chapter xvi and xvii of the indian penal code and chapter v of the arms act, 1959, pending investigation can be taken into consideration for arriving at the subjective satisfaction as to whether a person is a ' ..... . v. synthetics & chemicals ltd. and anr. jt 1991 (3) sc 268, which takes into consideration, the supreme court decisions in municipal corporation of delhi v. gurnam kaur 1989 (1) scc 101 and in shama rao v. state of pondicherry air 1967 sc 1680 lays down that, any declaration or conclusion, arrived without application of mind or preceded without ..... of the supreme court pronouncement not only in case of abdul razak (supra) but also in piyush kantilal mehta v. commissioner of police, ahmedabad city and anr. air 1989 sc 491 and in k.m. abdulla kunhi & b.k. abdul khader v. union of india air 1991 sc 574, appears to have been adopted to obtain an .....
Tag this Judgment!Court : Gujarat
Reported in : 1973CriLJ420; (1972)GLR471
..... against the opposite party. the sub-divisional magistrate without examining the petitioner on oath and without proceeding in accordance with the provisions laid down in chapter xvi and chapter xvii of the code rejected that petition relying upon the police report. it was held that the procedure followed by the sub-divisional magistrate was ..... upa-sarpanch, chairman, vice-chairman, president or vice-president of a panchayat is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction of the state govt. or ..... granting 'b' summary without prosecution of the complainant has become final so far as original accused no.2 is concerned and secondly whether the learned magistrate acted illegally in not treating the objection application of the complainant as a complaint and in not taking proper steps thereon as provided in sections 200. 202 and .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1996Guj54; (1995)2GLR1137
..... sections 112 to 138. thus, out of fourteen chapters of the new act, provision of chapters iv, v, vii and viii are material and relevant for the purpose of appreciation of merits of rival versions. .23. rules under the new act are made and they are called central motor vehicles rules, 1989. these rules are made by the central government ..... in exercise of the powers confered by sections 12, 27, 64, 88(14), 110, 137, 164 and 209 read with section 111 of the new act. there are eight chapters out of which, chapters iii, iv and v are important and ..... procedure is prescribed for registration of motor vehicle. in rule 47, provision is made for making application for registration of motor vehicles. section 39 in chapter iv of the new act provides compulsory registration of motor vehicles. as can be seen from the aforesaid definition of section 39, it prohibits driving of motor vehicles in any public .....
Tag this Judgment!Court : Gujarat
Reported in : (1988)1GLR589
..... in respect of land in which the minerals vest partly in government and partly in private persons; chapter vii provides for revision; chapter viii deals with miscellaneous matters and chapter ix sets out the associated minerals. since the impugned act imposes a tax on mineral rights of holders of mining leases it would be sufficient to refer ..... rules, 1960 (hereinafter called 'the rules') under section 15 of the central act. these rules are spread over nine chapters. chapter i contains the title and the definition clauses; chapter ii deals with the grant and renewal of a certificate of approval; chapters iii and iv concern grant of prospecting licences and mining leases in respect of ..... deposit of security deposit before the execution of the lease deed. the rest of the provisions in this chapter arc not relevant for our purpose.12. it is obvious from the provisions of the central act and the rules framed thereunder that the object was to take under the control of the union the regulation .....
Tag this Judgment!Court : Gujarat
Reported in : (1985)2GLR767
..... 1970)3scc890 .18. in view of this legal position settled by the decisions of the supreme court about the fact of the scheme contained in chapter v of the bir act and its constitutional validity, we are afraid that these contentions would not be open to the petitioners. the learned advocates for the petitioners having ..... against the interest of the employees. see : santuram's case (supra). the procedure envisaged in the impugned provisions, and more particularly chapter v of the bir act cannot be impugned on the ground that it does not provide by and large fair and just procedure and therefore in all cases where ..... 'registered union', 'representatives of employees', 'representative union', 'stoppage' and 'strike'.6. chapter ii of the bir act provides for the authorities to be constituted or appointed under the act.7. chapter iii provides for registration of unions. a few sections of this chapter be shortly referred to. section 12 enjoins the registrar to maintain register of registered unions .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)GLR737
..... a personcan be declared as dangerous person he either himself oras a member or leader of a gang commits offencespunishalbe under chapter xvi or chapter xvii of the ipcor under chapter v of the arms act, habitually. attemptto commit such offence by such person will also rendersuch person as dangerous person. likewise abetment bysuch person ..... of agang habitually commits, or attempts to commit orabets the commission of any of the offencespunishable under chapter xvi or chapter xvii ofthe indian penal code or any of the offencespunishable under chapter v of the arms act,1959.'3. from the above definition, it is clear that aperson can be said to be ..... any of the offences punishableunder chapter v of the arms act.4. learned counsel for the petitioner placingreliance upon two decisions of the apex court in ayubpappukhan nawabkhan pathan v. s.n.sinha and another,air 1990 sc 2069 and rashidmiya @ chhava ahmedmiya shaikhvs. police commissioner, ahmedabad, air 1989 sc 1703contended that the apex .....
Tag this Judgment!