Court : Gujarat
Reported in : (1980)2GLR502
..... has looked back at section 99 and certain other sections. there is no doubt about the fact that in a general sense octroi is a tax. section 99 occure in chapter viii. its heading is 'municipal taxation.' its subheading is 'imposition of taxes'. under this head, octroi has been specified as one of the taxes. sub-section (1) ..... into the octroi limits of municipality pays to the manufacturer of those goods not only the price but also the excise duty payable thereon under central excise and salt act, 1944. the bill specifies the price as well as the excise duty separately. it is upon the total price inclusive of excise duty that octroi is collected by ..... as it is material for the purpose of the present case reads thus:a municipality may from time to time, make, alter or rescind by-laws not inconsistent with this act:. ... ...(1) fixing octroi limits and stations; providing for the exhibition of tables of octroi; regulating, subject to any general or special orders which the state government may .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)2GLR1821
..... the impugned decision of the respondents is absolutely erroneous and against the provisions of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 ('the act' for short) and in particular section 47 of it. he has further submitted that the impugned decision could be taken by the respondents only if ..... s.c.w. p.1013. in the said decision it has been held as under :-'9. chapter vi of the act deals with employment relating to persons with disabilities, who are yet to secure employment. section 47, which falls in chapter viii, deals with an employee, who is already in service and acquires a disability during his ..... service. it must be borne in mind that section 2 of the act has given distinct and different definitions of 'disability' and 'person with disability'. .....
Tag this Judgment!Court : Gujarat
Reported in : (1994)2GLR1151
..... belonging to any of the categories specified in section 74c of the act. chapter xia also provides for conduct of elections, costs of elections, disqualifications, corrupt practices, offences and penalties for certain illegalities, etc. section 145u creates forum for ..... signed by the petitioner and verified in the same manner as the petition.in exercise of the powers conferred by section 168 of the act read with other relevant provisions of chapter xia, the government of gujarat framed rules known as the 'gujarat specified societies election of committees rules, 1982'. it is not ..... is a co-operative sugar factory. election to such society is required to be held in accordance with the provisions of chapter xia of the act. chapter xia as inserted by gujarat act 6 of 1981 provides for election of committees and officers of certain societies. section 145b defines 'specified society' as a society .....
Tag this Judgment!Court : Gujarat
Reported in : (1967)0GLR395; (1966)IILLJ389Guj
..... belong, the matter shall be referred to the prescribed authority whose decision as to the category of such establishment is made final for the purposes of the act. chapter iii deals with shops and commercial establishments. sections 10 and 11 provide for the opening and closing hours of the shop, while s. 13 deals with ..... notification in the gazette to all or any class of establishments or to any call of employees to which the act applies. similarly s. 38a provides for the extension of the workmen's compensation act, 1923. chapter viii deals with the provisions of health and safety and these provisions are general in their nature, which are applicable ..... and privileges are more favourable. section 70 finally provides for the extensions of the factories act to all persons employed in and in connexion with a factory, notwithstanding the fact that the factories act did not apply to those non-workers. chapter x deals with offences and penalties. section 52 is a general section which in clause .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1971Guj1; 1971CriLJ41; (1971)0GLR105
..... .' in the instant case, there is such a clear provision in section 8 of the act, which states that offences under the act shall not be tried by any court other than the court mentioned therein.12. sections 28 and 20 of the code fall in chapter iii which deals with 'powers of courts', under the heading - 'a. - description ..... on a police report, follow the procedure specified in section 207-a; and (b) in any other proceeding, follow the procedure specified in the other provisions of this chapter.' a plain reading of these two sections indicates that even though a particular offence is not triable exclusively by the court of session, and is an offence triable by ..... the provisions contained in sections 346, 347 and 349 are generally applicable to all inquiries and trials. they should be looked upon as supplemental to the provisions contained in chapters 20, 21 and 22. the reasons for which a magistrate, who is otherwise competent, may commit a case to the court of session are not in any way .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)1GLR600
..... been punished departmentally. mr. vakil has also relied upon the judgment of the hon'ble supreme court in the matter of the division personnel officer, southern railway v. t. r. chaliappan, air 1975 sc 2216, more particularly, paragraph-21 thereof. in the present case, the petitioner has been given adequate ..... provide that persons who are convicted for certain offences shall incur certain disqualifications. for example, chapter-ill of the representation of the people act, 1951, entitled 'disqualifications for membership of parliament and state legislatures' and chapter-iv entitled 'disqualifications for voting' contain provisions which disqualify persons convicted of certain charges from being ..... hereinabove, was a passing remark and the court was not considering whether the disqualification referred to in section 12(a) of the probation of offenders act was the disqualification incurred on account of loss of service. the said judgment cannot be said to be an authority on the point. however, .....
Tag this Judgment!Court : Gujarat
Reported in : (1973)14GLR104
..... examine the argument questioning the vires of clause (2) of rule 4 on the ground of being arbitrary and discriminatory.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 ..... are prone to criminal tendencies and have proved their susceptibility to indulge in criminal activities by being found guilty (by a court) of having perpetrated a criminal act. one of the discernible purposes of imposing the penalty of imprisonment is to render the society immune from the criminal for a specified period. it is, therefore ..... prisoners.(2) prisoners convicted of offences under sections 392 to 402 (both inclusive) of the indian penal code.(3) prisoners convicted of offences under the bombay prohibition act, 1949.(4) prisoners whose release is not recommended in greater bombay by the commissioner of police and elsewhere; by the district magistrate on the ground of public .....
Tag this Judgment!Court : Gujarat
Reported in : (1970)11GLR1042
..... pravin chandra v. state of andhra pradesh : 1965crilj250 the expression 'police report' only included report made under section 173 cr. p.c. under an investigation made under chapter xiv of the code and not the report of the police officer in a non-cognizable case investigated without the orders of the magistrate under section 155(2) of the ..... on the ruling in state v. john joseph d'souza : air1956bom606 in which the accused was charged under section 65(b) read with section 81 of the bombay prohibition act, which was a cognizable case triable as a summons case. on the date of hearing the complainant was absent yet the learned magistrate relying on section 247 cr. p ..... y.d. desai, j.1. the respondents-accused are 15 in number were charged with having committed offences under sections 4 and 5 of the bombay prevention of gambling act in the court of the judicial magistrate, first class, bagasara, in criminal case no. 542 of 1967. the learned magistrate acquitted the accused under section 247 of .....
Tag this Judgment!Court : Gujarat
Reported in : (1977)18GLR94
..... private company cannot escape the liability. section 92 of the act also does not control the definition given in section 2(n) of the act. it simply lays down that if in or in respect ..... altogether. even if there be a duly appointed 'occupier' holding the ultimate control over the factory, as far as the penal consequences are concerned, under chapter x of the act, the director of a public company or a share-holder of a ..... terms of section 100 of the act would be none other than either a director in the case of a public company or a shareholder in the case of a private company. the whole argument of mr. nanavati proceeds on an erroneous approach to the definition. the term 'occupier' for the purposes of chapter x has got a different connotation .....
Tag this Judgment!Court : Gujarat
Reported in : (1963)4GLR997
..... under the indian penal code occurring after the words in all cases in circular no. 16(1).iifor the existing note (2) to criminal circular no. 16 in chapter ii at page 13 the criminal circular order book 1939 substitute the following:note (2)-process fees are leviable from municipalities in respect of summonses and warrants issued in ..... cases falling under section 161(2) of the bombay district municipal act iii of 1901 and section 200(2) of the bombay municipal boroughsact xviii of 1925.bombay 10 december 1931.by this circular the high court of bombay appellate side ..... in 1875 it is clear that a public officer is not required to pay process fee in respect of any process issued upon the complaint of any public officer acting as such public officer. i therefore hold that the learned sessions judge was wrong in holding that in this particular case process fee was required.the order of .....
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