Court : Gujarat
Reported in : (2002)1GLR594
..... detenu has to undergo in prison and held (paras 10 and 11 of air) : 'bail and parole have different connotations in law. bail is well understood in criminal jurisprudence and chapter xxxii of the code of criminal procedure contains elaborate provisions relating to grant of bail. bail is granted to a person who has been arrested in a non-bailable offence ..... , it is violative of article 14 of the constitution. it would be worthwhile to quote the relevant discussion, which is as under :-'....9. sections 392 to 402 occur in chapter xvii of the indian penal code and relate to offences of robbery and dacoity. the question is : is there any rational basis for selecting this class of offences for being ..... with section 114 of i.p.c., and under section 3(2) of the t.a.d.a. and under section 25(1)(c) of the arms act in sessions case no. 23 of 1989. after the trial the petitioner is sentenced to suffer life imprisonment against which he had preferred s.l.p., before the hon'ble apex court confirmed the .....
Tag this Judgment!Court : Gujarat
Reported in : (1966)7GLR1114
..... or revisional jurisdiction. this interpretation gets support from the provisions of sees. 424 and 430 of the criminal procedure code. section 424 of the code provides:the rules contained in chapter xxvi as to the judgment of a criminal court of original jurisdiction shall apply, so far as may be practicable, to the judgment of any appellate court other than ..... the facts of that case were that u.j.s. chopra was convicted by presidency magistrate, 13th court bombay for an offence under section 66(b) of the bombay prohibition act (act xxv of 1949), and was sentenced to undergo imprisonment for one month and to pay a fine of rs. 250/- or to undergo r. f. i. for one ..... of dismissal passed in criminal appeal no. 1000 of 1963 was filed on may 9, 1965. the period of limitation would be governed by the new limitation act, 1963 being act xxxvi of 1963. the relevant provisions relating to the limitation for filing a review application is article 124 which provides that for a review of judgment by a .....
Tag this Judgment!Court : Gujarat
Reported in : (1984)2GLR1111
..... section 72 is confined to mistake of fact and it does not include mistake of law.13. section 72 is one of the group of sections falling under chapter-v of the contract act which deals with certain relations resembling those created by contracts. this section is not founded on contract but embodies equitable principle of 'restitution'. meaning of the word ..... pays the amount to c and b, not knowing this fact, pays 100 rupees over again to c. c is bound to repay the amount to b.(b) a railway company refuses to deliver up certain goods to the consignee, except upon the payment of an illegal charge for carriage. the consignee pays the sum charged in order to obtain ..... that in any case, the mills were entitled to interest under the proviso to the aforesaid section. the aforesaid section 1 of the interest act has been interpreted by the privy council in b.n. railway v. ruttanji ramji the privy council held that under the said section, interest for the period prior to the date of the suit may .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)3GLR2505
..... area development authority to acquire the land for any purpose specified in section 12. section 21 refers to revision of the plan.35. chapter 3 of the development act makes a provision for declaration of urban development area and constitution of urban development authority. powers and functions of urban development authority are ..... .24. so far as building byelaws are concerned, ahmedabad municipal corporation, in exercise of powers conferred under section 458 of the act has framed building byelaws which are in chapter iii, manual i part ii. the ahmedabad municipal corporation has made various provisions indicating the manner in which building is to be ..... is made after expiry of the period of one year expired, under the provisions contained in the development act.48. so far as bombay provincial municipal corporations act is concerned, the rules framed under the act (appendix iv chapter 12) is required to be referred under the caption ' buildings regulations and buildings loans'. sub-rule .....
Tag this Judgment!Court : Gujarat
Reported in : (1997)3GLR2295
..... treat them as non-cognizable. mr. vivek barot, learned counsel, further, in order to show that offence under the act of 1885 and act of 1933 are non-cognizable, has referred to chapter viii of the wireless licensing manual, issued by the indian post and telegraph department, which provides for directions, enquiries and prosecution ..... other relevant sections of rules will be treated as summons cases attracting chapter xx of the code of criminal procedure. all offences under the indian telegraph act and the indian wireless telegraphy act or the statutory rules made thereunder are, however, non-cognizable, that is to say, action ..... follows :35. the penalties under section 20 of the indian telegraph act and section 6 of the indian wireless telegraphy act in respect of wireless transmitters include imprisonment and the complaints under these sections will be treated as warrant cases attracting chapter xxi of the code of criminal procedure. complaints under any of the .....
Tag this Judgment!Court : Gujarat
Reported in : (1994)2GLR1371
..... 42(1). that is to say, the motor vehicle cannot be driven by anyone contrary to the conditions of the permit relating to that vehicle.22. chapter v of the new act provides for different kinds of permits that may be issued for different types of motor vehicles. it also contains a number of conditions which are specified therein ..... common judgment. for appreciating the controversy in question, few relevant facts of the petition first in point of time, i.e., special civil application no. 2866 of 1989 may now be stated.2. that petition is filed by ramkrishna bus transport and others for appropriate writ, direction and/or order under article 226 of the constitution of ..... department of the rank above the rank of assistant inspector of motor vehicles are competent to exercise power under section 207 of the new act read with rule 239 of the gujarat motor vehicles rules, 1989. support was also sought from the decision of the division bench in case of rasiklal damjibhai and anr. v. state of gujarat and .....
Tag this Judgment!Court : Gujarat
Reported in : IV(2006)ACC345; 2006ACJ2019; AIR2006Guj120; (2006)2GLR1257
..... an award of a claims tribunal; and(e) any other matter which is to be, or may be, prescribed.the gujarat motor vehicles rules, 1989:chapter xclaims tribunals211. procedure regarding compensation arising out of accidents.-(1) an application for compensation under sub-section (1) of section 166 shall be made to ..... the workmen's compensation act. section 144 gives overriding effect to the provisions of chapter, notwithstanding anything contained in any other provisions of the motor vehicles act or of any other law for the time-bing in force.17. xxx xxx xxx18. rule 231 of the gujarat motor vehicles rules, 1989, particularly sub-rule ( ..... 9) thereof provides that that claims tribunal shall proceed with the application for compensation under section 140 of the act .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)2GLR925
..... nothing on the record which would indicate that reason to belief formed by pi mr. k. c. chudasama, that the accused had committed offence punishable under chapter v of the act in public place, was arbitrary, capricious or whimsical. the circumstances brought on record are such creating a cause to believe by which chain of probable reasoning leading ..... view of the information conveyed to him by pi mr. rathod, he had every reason to believe that the accused had committed an offence punishable under chapter iv of the act and, therefore, he was authorised to detain, search and arrest them. as the search and seizure of psychotropic substance had taken in a public place, this ..... was contended that pi mr. k. c. chudasama is an officer of police department which is mentioned in section 42 of the act, and as he had reason to believe that an offence punishable under chapter iv was committed, he was entitled to search and detain the accused in public place and, therefore, the provisions of section 43 .....
Tag this Judgment!Court : Gujarat
Reported in : [1977]107ITR214(Guj)
..... of these clear pronouncements of the supreme court, there is no doubt whatsoever that though penalty contemplated by section 271(1)(a) and other sections in chapter xxi of the income-tax act, 1961, can be imposed by income-tax officers as distinguished from regular criminal courts, the penalty proceedings before the income-tax authorities are quasi-criminal ..... question of any criminal liability. the main question was, whether in the complaint preferred by the workman who had suffered an injury while unloading bales from a railway wagon on a siding at a factory, he had to aver in his pleading that his place of work was not kept safe as required under section 29 ..... cause to furnish an estimate of the advance tax payable by him in accordance with the provisions of sub-section (3a) of section 212 also attracts penalty. under chapter xxii dealing with offences and prosecutions, the words used are 'without reasonable cause or excuse' in respect of different offences set out in section 276, 276a and .....
Tag this Judgment!Court : Gujarat
Reported in : 1989CriLJ460; (1988)2GLR1028
..... provided for examination of persons and recording of statements under section 67; for seizure and arrest under section 51 and 52 of the act. from reading several provisions of chapter xii of the code, it clearly appears that the officer of central excise or customs who is empowered under section 53 to be ..... maharashtra : 1980crilj1424 . in that case, the question was whether an officer of railway protection force making an inquiry in respect of offence under railway property (unlawful possession) act, 1966, is a police officer or not. holding that such officer of railway protection force is not a police officer, the supreme court observed that the ..... corresponding provisions of the customs act or the central excises & salt act and the railway property (unlawful possession) act is inappropriate because under those acts, there is no power in the officers under those acts; to file a charge-sheet. under section 9 of the central excises & salt act offences under that act are non-cognizable. under .....
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