Court : Gujarat
Reported in : 1988(34)ELT605(Guj)
..... section 72 is confined to mistake of fact and it does not include mistake of law. 16. 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 ..... urged 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, air 1083 p.c. 67. the privy council held that under the said section, inter rest for the period prior to the .....
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 : [1984]56CompCas380(Guj)
..... the trial of summons cases by magistrates under the cr. pc, 1898. the cr. pc, 1898, came to be repealed by s. 484 of the cr. pc, 1973. chapter xx of the new code comprising ss. 251 to 259 lays down the procedure to be followed by magistrates in the trial of summons cases. 5. rules 124 to 134 ..... on their plea of guilty. while pleading guilty, they have filed written statements explaining the circumstances under which they could not comply with the requirements of s. 454 of the act within the prescribed time. on the last occasion, that is, on march 26, 1984, they filed an additional statement pointing out the extenuating circumstances having a bearing on ..... are proved by the prosecution, the onus shifts to the defence to show that three was reasonable cause for not complying with the requirements of s. 454 of the act. if the defence fails to discharge this burden, the primary facts proved by the prosecution would be sufficient to hold that the statutory burden which remains constant has been .....
Tag this Judgment!Court : Gujarat
Reported in : (1983)2GLR1408
..... which that person might have been sentenced, or for fine;(d) a sentence of simple imprisonment, for fine.section 433-a which was inserted by the amendment act, 1978 provides that notwithstanding anything contained in section 432, where a sentence of imprisonment for life is imposed on conviction of a person for an offence for ..... remissions should be granted to prisoners. chapter xli of the said manual deals with 'review of sentences'. rule 1446 provides that the cases of all prisoners ..... empowers the state government to make rules consistent with the act inter alia for the award of marks and shortening of sentences and release of prisoners. in exercise of power conferred by the said provision, the bombay jail manual, 1955, came to be framed. chapter xl entitled 'the remission system' lays down the manner in which .....
Tag this Judgment!Court : Gujarat
Reported in : (1983)2GLR1495
..... trial of the offender and the disposal of the property according to law. mr. thakkar submitted, and in my opinion rightly, that there is no provision in chapter ix of the act for the filing of the complaint and that the magistrate is expressly empowered to take cognizance of the matter upon receipt by him of the report given by ..... . in order to appreciate the powers conferred upon the magistrate under section 54 of the act, it is necessary to appreciate the background as supplied by the preceding sections of this chapter (chapter ix) of the act. under section 52(1) of the act (with which chapter ix starts) when there is reason to believe that a forest-offence has been committed in ..... not have been passed by the magistrate at an interim stage. this argument is unconvincing. the very scheme of the sections of chapter ix of the act indicates that section 54 conferred upon the magistrate the authority to take all such measures as may be necessary for the arrest and trial of the offender and .....
Tag this Judgment!Court : Gujarat
Reported in : 1984(16)ELT190(Guj)
..... where the supreme court ruled that an officer conducting an enquiry under section 8(1) of the railway property (unlawful possession) act, 1966, did not possess all the attributes of an officer in charge of police station investigating case under chapter 14 of the code though he possessed a part of these attributes which were limited for the ..... proposition to be easily acceded to. as i have pointed out above, the inquiry contemplated under the customs act cannot be equated for all intents and purposes with the investigation conducted by a police officer under chapter xiv of the code of criminal procedure and the officer making arrest and/or conducting the inquiry under the ..... customs act cannot be said to possess all the attributes of an officer in charge of the police station investigating a case under chapter xiv of the code. sub-section (2) where he has been invested with all the powers .....
Tag this Judgment!Court : Gujarat
Reported in : (1984)1GLR237
..... , in the circumstances of the present case, the application of the provisions of section 80 of the indian railways act is excluded. if so, the liability of the forwarding railway is governed by section 72 of the said act. under that section the responsibility of a railway administration for the loss, destruction or deterioration of animals or goods delivered to the administration to be carried ..... that a bailee may undertake a higher responsibility, the absence of a similar provision that he may limit the liability imposed by section 151, and the fact that, in the chapter ix relating to bailment, whenever a rule of law is intended to operate only in the absence of a contract to the contrary it is expressly so stated (see sections .....
Tag this Judgment!Court : Gujarat
Reported in : 1983CriLJ1684; (1983)1GLR364
..... of delay by words 'extension of period of limitation in certain cases', then section 5. limitation act would apply this section 473 of the code reads as under473:- notwithstanding anything contained in the foregoing provisions of this chapter, any court may take cognizance of an offence after the expiry of the period of limitation, if ..... be raised against the accused, and probably at that time it will be difficult for the prosecution to prove the offence under section 66 (1) (b) prohibition act. therefore, it is necessary for the prosecution, before filing the charge-sheet, to get the report of the chemical, analyser, satisfy itself about the contents of alcohol ..... powers under section 473 of the code. therefore, it cannot be said now that because the court has earlier taken cognizance without considering the provisions of the limitation act, all the proceedings are non est and, therefore, the sessions judge should not have considered the provisions of section 473 of the code.22. mr. mehta .....
Tag this Judgment!Court : Gujarat
Reported in : 1984(15)ELT353(Guj); (1982)2GLR792
..... when a person accused or suspected of the commission of an offence punishable with imprisonment which may extend to seven years under any act, (even an act other than the indian penal code) or of an offence under certain chapters of the indian penal code, the court may impose the conditions envisioned by clauses (a), (b) or (c) of sub-section ..... offence under section 135 is a non-cognizable offence as clearly provided by sub-section (3) of section 104 of the customs act. since it is non-cognizable, a police officer cannot be investigate it. chapter xii of which section 167 forms a part pertains to the powers of the police to investigate. since an offence under section 135 ..... the arrested persons is unable to dispute that with regard to the subject of bails and bonds the provisions contained in chapter xxxiii of the code would be attracted even in regard to an offence under the customs act. thus there is no doubt or dispute in regard to the proposition that sections 436 and 437 of the code .....
Tag this Judgment!Court : Gujarat
Reported in : (1982)2GLR317
..... of 1898), as in force immediately before such commencement, (hereinafter referred to as the old code), as if this code had not come into force.provided that every inquiry under chapter xviii of the old code, which is pending at the commencement of this code, shall be dealt with and disposed of in accordance with the provisions of this code.it ..... accused person to be released on bail arises, the court has to consider whether there would be scope fair trial either for the accused or the prosecution. if by any act, the scope of fair trial is curtailed, then can it be said that the high court in revisional powers could not interfere? in my opinion, it cannot be so, ..... a point of law which has consequently resulted in flagrant mis-carriage of justice. in spite of the wide language of section 435, the high court is not expected to act under section 435 or section 439 as if it is hearing an appeal. it is further observed that where neither the trial court nor the sessions court committed any error .....
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