Court : Gujarat
Reported in : (2000)2GLR1239
..... in question. in case the applicant relies on any evidence already left by him in connection with the application, he shall deliver to the opponent copies thereof. under chapter vii 'miscellaneous', rule 106 provides for extension of time and it has been provided in sub-rule (1) of rule 106 that an application for extension of ..... time of passing the order extending the time. in the case of kantilal tulsidas jobanputra (supra), the high court of bombay considered the relevant provisions of the act and the rules and held that rule 53(2) provides that opposition shall be deemed to have been abandoned unless the registry otherwise directs and this clearly ..... the same goods or description of goods, subject to such conditions and limitations, if any, as the registrar may think fit to impose. section 21 of the act provides for opposition to registration and according to the provisions of this section, when an application for registration is advertised or re-advertised, any person may, within three .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2000Guj188; (2000)1GLR32
..... of the foregoing provision :-- (a) the sarpanch shall-- (i) preside over and regulate the meeting of the panchayat;(ii) exercise supervision and control over the acts done and actions taken by all officers and servants of the panchayats;(iii) incur contingent expenditure up to fifty rupees at any one occasion;(iv) operate on the fund ..... the removal of difficulties and the section says that if any difficulty arises in giving effect to the provisions of this act, the government may as an occasion requires, by order do anything ..... any difficulty arises in giving effect to the provisions of this act or any schedule the state government may, as occasion requires, by order do anything which appears to it to be necessary for the purpose of removing the difficulty.'this section has been included in chapter 16 i.e. miscellaneous provisions. it is with regard to .....
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!Court : Gujarat
Reported in : (1999)3GLR2549
..... the (tribunal) that he had sufficient cause for not preferring the petition within the said period.(3) in exercising the functions conferred on it by or under this chapter, the tribunal shall have the same powers as are vested in a court in respect of:(a) proof of facts by affidavit;(b) summoning and enforcing the attendance ..... and in any other society for a period not exceeding four years from the date of the order and such officer shall stand disqualified accordingly.section 145-f of the act, 1961 reads as under:disqualification for membership: - (1) a person shall be disqualified for being elected, as, and for being a member of the committee of ..... the legality, validity and propriety of the action of the respondent no. 2 of refusing to take action under section 145-f of the gujarat co-operative societies act, 1961 against the respondent no. 5.2. the petitioners are the agriculturists having their agricultural lands at village of their native places disclosed in the cause title of .....
Tag this Judgment!Court : Gujarat
Reported in : (1998)1GLR346
..... accused for his appearance before the magistrate in case if the offence is bailable. section 172 provides for the police diary. section 173 provides that every investigation under chapter xii shall be completed without unnecessary delay. as soon as the investigation is complete, the officer in-charge of the police station shall forward to a magistrate ..... . thus, in the present case, if the police intended to proceed with the investigation for offence under section 58(2) of the n.d.p.s. act, the police officer in-charge of the case should have released sumersingh on bond with direction to appear before a magistrate empowered to take cognizance of the offence ..... is always hatched in secrecy and it is impossible to obtain direct evidence of the same. the offenders can be booked on the basis of inference drawn from acts, or illegal omissions of the conspirators in pursuance of a common design. reference may be given to a case reported in : 1980crilj388 shivanaraycm laxminaraycm joshi v. .....
Tag this Judgment!Court : Gujarat
Reported in : (1997)3GLR2415
..... decision of the high court and to insist on a certified copy thereof, which is issued by the high court under chapter xiii of the gujarat high court rules, 1993 and as per section 76 of the evidence act, 1872. instructions should also be issued to take immediate action against those who may be found to have indulged in ..... predominantly used for agricultural purposes.4. the learned government pleader appearing for the respondent authorities contended that the petition filed in 1994 for challenging the impugned order made in 1989 was grossly delayed and should not be entertained. it was also submitted that notifications under sections 10(1) and 10(3) have been issued and the lands ..... by this court on 19th august, 1997 and the matter has been heard.2. the petitioners seek to challenge order of the urban land ceiling tribunal dated 14th december, 1989 at annexure 'f' to the petition dismissing the appeal of the petitioners (appeal no. 164 of 1987) and confirming the order dated 27-8-1987 of the .....
Tag this Judgment!Court : Gujarat
Reported in : (1998)2GLR1270
..... is cast on the court itself to consider and decide whether it is necessary to take cognizance in the interest of justice despite delay. legislature while introducing chapter xxxvi, namely, limitation for taking cognizance of certain offences has given this discretion to the court to take cognizance despite delay with a view to see ..... revision applications before this court being criminal revision applications nos. 2157 of 1987 and others. the said revision applications came to be disposed of on 2nd december, 1989 by justice s.b. majmudar (as he then was) after hearing the learned advocates for the parties. the learned judge held that the dismissal of the ..... with offences relating to cruelty against women. this maxim is also not applied to economic offences. the legislature has framed the economic offences (inapplicability of limitation) act, 1974 and all the economic offences are mentioned there and there are few which are added by the central government and some of the states have also .....
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 : [1995]95CompCas663(Guj)
..... speak about giving post-decisional hearing. where the statute itself has provided penalties to be levied in the case of breaches of the provisions of the act, rules or regulations under chapter va, it has specifically provided under section 15-i that for the purpose of adjudging any breaches pointed out in sections 15a to 15h, the ..... -a-vis the employer and workmen to direct reinstatement with full back wages. obviously, the present is not a case of this nature.' 145. in works manager, central railway v. vishwanath, : (1970)illj351sc , the court was required to consider whether the timekeepers who were preparing pay sheets of workshop staff, maintained leave account, disposed of settlement ..... uphold it and a representation may not really yield any fruitful purpose.' 275. the view was reiterated by the supreme court in h. l. trehan v. union of india [1989] 1 scc 765, wherein the court, after quoting from k. l. shephard's case : (1988)illj162sc : 'the view that has been taken by this court in .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)3GLR783
..... this kind of valuation organisation and the valuation tables, the registering officers would not be in a position to function. therefore, even before enacting the amendment act of 1984, this extensive exercise was undertaken by establishing a state valuation organisation and getting from them voluminous valuation tables prepared. it was with this background ..... madras v. c.p. sarathy : (1953)illj174sc ; avon services v. industrial tribunal, haryana : (1979)illj1sc and telco v. state of bihar : (1989)iillj558sc .re: observance of natural justice88. it was strenuously argued that before making reference to the collector, the registering officer must comply with the principles of ..... year 1958. in the preamble it is stated that the act was enacted with a view to consolidate and amend the law relating to stamp and stamp duties in the state of gujarat. chapter i is preliminary in nature and also defines various terms. chapter ii deals with stamp duties and the instruments chargeable with duty .....
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