Court : Gujarat
Reported in : (1997)1GLR127
..... under sections 323, 504 and 506(2) of indian penal code read with section 3(10) of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 ('the act' or 'atrocity act' for short hereinafter), state of gujarat has preferred this petition under section 439(2) of the criminal procedure code ('code' for short hereinafter) for cancellation of bail.2 ..... provides for establishment of special courts and special prosecutors, no express provision is made with regard to pre-trial proceedings, i.e., bail applications under chapter xxxiii of the code. therefore, keeping in mind the intention of legislature the court can look into and even sometimes may go behind words and ..... apply in its letter and spirit. therefore, except section 438 of the code the provisions of chapter xxxiii of the code in relation to provisions as to bail-bond shall apply as there is no inconsistent provision contained in this act.5. at this juncture, mr. divetia, learned a.p.p., has argued that by virtue .....
Tag this Judgment!Court : Gujarat
Reported in : 1997CriLJ1549; (1996)1GLR395
..... to the minimum term of seven years rigorous imprisonment for lifting money from the palm of a person standing in the queue before the ticket window of a railway station with the tip of a sword and carrying it away and entering the booking office. the apex court recommended that it was a fit case where the ..... to suspend a sentence pending the appeal and to release the appellant on bail. thus, reading this section with section 36b of the ndps act, the high court can exercise all the powers conferred by chapters xxix and xxx of the code of criminal procedure. therefore, the power suspending the sentence pending the appeal and releasing the accused on ..... or commuted. according to the submission of mr. panchal this will be clear from the statement of objects and reasons of the act 2 of 1989. the statement of objects and reasons for amendment of the narcotics act may he noted at this stage :-'statement of objects and reasonsin recent years, india has been lacing a problem of transit traffic .....
Tag this Judgment!Court : Gujarat
Reported in : 1996CriLJ2787; (1996)1GLR768
..... area in the official gazette as well as in two local newspapers. but neither the official gazette nor any of two local newspapers were produced on record.6. chapter iv of the gujarat air (prevention and control) of pollution rules. 1983 provides for prevention and control of air pollution. rule 8 relates to manner of declaration ..... government of gujarat had declared ahmedabad as a pollution controlled area by a notification dated 6-8-1984 which was duly published in gazette, as required under the act and the rules made thereunder. according to the complainant, the said notification was also further duly published in two local newspapers. however, neither the official gazette nor ..... samples or emission from chimney in the industrial units of the respondents-accused and thereby committed offences punishable under section 39 read with section 40 of the air act, 1981. the complaint is lodged against the accused persons on basis of the default data-sheet at exh. 5 and on basis of the authority of .....
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 : (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 : (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 : 1995(2)ALT(Cri)13; 1996CriLJ1263; (1994)1GLR792
..... a useful component both of the family and the society for ever. further closing the door of his life for ever to have a chance to turn new and better chapter of life. taking into consideration the report of the probation officer, the age of 16 years and 9 months at the time of commission of the offence, the ..... .1.this appeal by rakesh alias duro pravinbhai thakar is directed against the impugned judgment and order dated 30-6-1992, rendered in the sessions case no. 40 of 1989 by the learned city session judge, ahmedabad, wherein he on coming to be tried on the charge of having been found in possession of opium weighing 4kg.300 grams ..... from his scooter, punishabale under sections 17 & 18 of narcotic drugs & psychtropic substances act, 1985 (for short 'ndps act') was ultimately convicted for the same and sentence to undergo rigorous imprisonment for 10 years and to pay time of rs. 1 lac and in default to suffer .....
Tag this Judgment!Court : Gujarat
Reported in : 1995CriLJ1581; (1994)1GLR799; (1995)ILLJ206Guj
..... the factory, or return made by the manager, gives in respect of any or all of the workers in the factory the particulars required for the enforcement of chapter viii of the act, he may by order in writing, direct that such muster roll or register or return shall, to the corresponding extent, be 'maintained in place of and be ..... an occasion yesterday, i.e., on february 23, 1994, to decide this point in criminal appeal nos. 611 and 612 of 1988 and criminal revision application no. 155 of 1989. therefore, the impugned orders are apparently void being outside the jurisdiction of the learned magistrate. if that is so, it is always open to the prosecution to seek the ..... for each day on which the contravention is continued.'as the offences sought to be charged against the accused persons are not under chapter iv or any rule made thereunder or section 87 of the act resulting in an accident causing death or serious bodily injury in respect of which a different provision has been made in the proviso .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1994Guj130; (1995)2GLR1063
..... this behalf, then, the competent authority may, after making such inquiry as it deems fit, declare such land not to be excess land for the purposes of this chapter and permit such person to continue to hold such land for the aforesaid purpose, subject to such terms and condition's as, may be prescribed, including a condition as ..... . in order to appreciate rival submissions urged before me, it would be quite proper to look at section 21 of the act. it reads : '21. (1) notwithstanding anything contained in any of the foregoing provisions of this chapter, where a person holds any vacant land in excess of the ceiling limit and such person declares within such time, in ..... effect as to what conditions can be imposed by the competent authority while approving the scheme under section 21(1) of the urban land (ceiling and regulation) act, 1976 (the act for brief). since common questions of law and fact arise in all these four petitions, i have thought it fit to dispose of all these four petitions by .....
Tag this Judgment!Court : Gujarat
Reported in : [1994]210ITR358(Guj)
..... received by them at the rate specified in section 164(1). at the same time, section 166 expressly declares that 'nothing in the foregoing sections in this chapter shall prevent either the direct assessment of the person, on whose behalf or for whose benefit income therein referred to is receivable or the recovery from such ..... 8. this court in cit v. harivadan tribhovandas 0043/1973 : [1977]106itr494(guj) construed the words 'body of individuals' occurring in section 2(31) of the act as a conglomeration of individuals who carry on some activity with the object of earning income. in order to construe the said words, this court referred to the decisions ..... obviously, the provisions relating to computation of income would be applicable even in a case where the representative assessee has to be assessed under section 164 of the act. therefore whether an assessee, including a representative assessee, would be entitled to the benefit of deduction under section 80l or not will have to be decided by .....
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