Court : Gujarat
Reported in : (1966)7GLR597
..... constitutional position as regards the rights of petitioners under clause (5) appears to us to be crystal clear. in spite of the fact that the act and the rules do not specifically say anything regarding the aforesaid two fundamental rights, the constitutional position is that the detaining authority must honour those two ..... rights constitutes the bulwark of indian liberty and the rights enshrined therein are of such supreme, importance that, except that they can be amended by parliament acting under article 368, ordinarily, they should be regarded as sacrosanct and inviolate. therefore, unless the result inevitably follows, one would not construe any other ..... president is only the titular head, and in a form of government, modelled on the british pattern, the president, even whilst exercising aforesaid power, must act in accordance with the advice of his council of ministers. in support of this proposition, petitioners and the learned intervening advocates rely upon the following passage .....
Tag this Judgment!Court : Gujarat
Reported in : (1976)17GLR1002
..... needless to emphasise that by such lighter punishment, even the purpose of the penal provision contained in section 304-a of the indian penal code and the motor vehicles act would be, completely frustrated.18. what had happened in the court of the learned magistrate is certainly deplorable but surely, as observed about without entering much into the ..... filed by the learned advocate and the report submitted by the learned magistrate in this court. normally, it is the settled practice that higher court is expected to act and accept the reports made by the judicial officers in such matters, but in the instant case, the affidavit of the learned advocate clearly states that he did ..... months for commission of offences punishable under section 304-a of the indian penal code and sections 78 read with section 112 and 116 of the bombay motor vehicles act, 1939.2. a few relevant facts giving rise to these two proceedings may be stated in brief:3. in substance, the prosecution alleged that on august 1, .....
Tag this Judgment!Court : Gujarat
Reported in : (1982)1GLR664
..... dispute relating to the conditions of service between the employee and the employer school management. the jurisdiction vested in this tribunal under section 38 of the act, is a very limited jurisdiction. this tribunal cannot enlarge the jurisdiction because it would amount to encroachment on the jurisdiction of the ordinary civil court which ..... limine and secondly, whether the tribunal was right in its conclusion that the petition disclosed no cause of action in terms of section 38 of the act. the learned judge answered the first question against the petitioner of that special civil application holding that the tribunal was competent to reject applications before it ..... always be subject to judicial scrutiny by inquiring as to whether the formation of the said satisfaction had any factual basis or whether the executive had acted in good faith or whether the existence of relevant materials upon which the authority for exercise of executive power is protected are the vide ishwarlal girdharlal .....
Tag this Judgment!Court : Gujarat
Reported in : [1995(71)FLR340]; (1995)1GLR143; (1996)ILLJ584Guj
..... of south gujarat textile processors association v. state of gujarat, reported in 1994 (1) glh 94, while exercising powers under section 10(2) of the act, government acts in its quasi-legislative spehre. thus, the action taken by the government is quasi-legislative in nature and not quasi-judicial or administrative. therefore, while discharging ..... of being heard to the petitioners. according to the petitioners, the function discharged by the government while exercising power under section 10(2) of the act is quasi-judicial in nature. it is further submitted that action of the government would have civil consequences to the petitioners. therefore, the government was ..... i.e. state government of gujarat had not made effective consultation with the advisory board. in this submission as provided under section 10(1) of the act, action under section 10(2) could be taken only after consultation with the appropriate board. therefore, it is submitted that impugned notification dated 1-12-1983 .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)2GLR294
..... also relied upon the judgment of this court in physical research laboratory v. dr. mukul sinha 1989(1) glh 235, wherein the division bench of this court held that 'the act of court will prejudice no man' and the party should not be made to suffer because of the delay on the part of the court. however, there is a foot .....
Tag this Judgment!Court : Gujarat
Reported in : (1995)2GLR1515
..... apex court that the criminal conspiracy as defined in section 120a is an agreement, by two or more persons, to do, or cause to be done, an illegal act, or an act, which is not illegal, by illegal means. the agreement is the gist of the offence.15. in order to constitute a single general conspiracy, there must be ..... these two important and required conditions ought to have been seriously examined by the learned special judge in the light of the material provision of section 54 of the act. there is no hesitation in finding that the learned special judge has committed serious illegality in admitting the accused to bail pending the trial for the serious offences ..... of accused persons. since the learned special judge has failed to examine the aforesaid aspects in the light of the provision of section 54 of n.d.p.s. act, the observations in the impugned order of learned special judge are not sustainable.13. during the course of submission before this court, the statements of accused persons and .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)2GLR764
..... and (ii) against vinaybala in the nature of character assassination. we may make it clear that while trying this matter under the contempt of courts act, we are not very much concerned with the allegations made against vinaybala more particularly regarding her character assassination. allegations in the nature of character assassination ..... we may state that the learned civil judge (s.d.), morbi also forwarded an application in the nature of complaint under section 10 of the act for taking appropriate action against respondents for having made allegations against him in the judicial proceedings. this fact also having been brought to our notice ..... minor child. similarly, she also initiated some proceedings in the court of civil judge (s.d.), morbi, claiming maintenance under the hindu adoption and maintenance act. learned judicial magistrate, first class, malia, after hearing parties, passed appropriate final order for alimony. similarly, the proceedings initiated by vinaybala in civil court .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)132CTR(Guj)147; [1996]221ITR819(Guj)
..... court in the case of dhakeswari cotton mills ltd. vs. cit (1954) 26 itr 775 : air 1955 sc 65 considered the question amongst others, whether tribunal acted without jurisdiction in relying on the data supplied by the it department behind the back of appellant company, and without giving it an opportunity to rebut or explain the ..... details are provided, and it was open to the petitioner to call upon the authority to supply the material. we have indicated earlier that as the authority acting in accordance with law has supplied the material, the petitioner may not presume that some other material on which reliance is placed is considered and therefore, there ..... madras and kerala high court are followed by us. non-observance of principles of natural justice 14. appropriate authority exercising powers under chapter xx-c of the act issued a show cause notice indicating two comparable sale instances. the relevant part of the notice reads as under : 'there is a comparable sale instance of property .....
Tag this Judgment!Court : Gujarat
Reported in : (1997)1GLR711
..... investigate the case.(j) direct that if for the possession of the weapon, cartridges and other articles taken over by the petitioner from the respondent no. 1 and for the acts against the human body of the respondent no. 1 concerning the incident in question on 22-12-1996, the petitioner, her sister shobhna, and her (the petitioner's) husband jatin ..... make her a widow and then compel her to co-habit with him!! it is further alleged by the petitioner that the respondent no. 1 gave threat that the intentional act of killing by an accident of a person as it would, would result in her husband's death. thus, apprehending danger even to her body at the hands and or .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1998Guj42; (1997)2GLR1174
..... favour of the applicant and obligation against certain persons. when the obligations are created against such persons, they must have a reasonable opportunity to challenge the said act of the petitioner.11. from the material on record it is quite clear that magistrate has not at all taken into consideration all the above circumstances. section ..... the constitution of india.9. admittedly the application by respondents nos. 2 and 3 has been made under section 13 of the registration of births and deaths act, 1969. in order to consider the controversy involved in this proceeding as well as in order to see how the judicial magistrate has to exercise his jurisdiction ..... 159 of 1996 in the court of judicial magistrate. first class, ankleshwar, purporting to be an application under section 13(3) of the registration of birth and death act, 1968. the said application was filed by him on 25th june, 1996 and on 25th october, 1996, the said application was registered and was given criminal misc. .....
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