Court : Gujarat
Reported in : (2001)1GLR603
..... read sufficiently and usefully. it is in this context, the provisions for legal services have been made in the constitution as well in the legal services authorities act, 1987, over and above the provisions made in section 304 of the criminal procedure code, 1973.41. it would be fruitful to mention the steps suggested in ..... for his defence.32. the universal declaration of human rights and the constitutional provisions enshrined in chapters iii and iv and the provisions of legal services authorities act, 1987 and the provisions of section 304 of the code of criminal procedure manifest the human rights deriving from the dignity and worth in the human beings. ..... of an 'amicus curiae' should be requisitioned or not? it is, also, necessary to examine as to whether the powers under section 165 of the evidence act, should be successfully utilised and employed in such trials, where accused has, without understanding the seriousness of the question, declined to accept the services of an advocate .....
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 : 2008CriLJ1851; (2008)2GLR1118
..... to have that result, must be such as temporarily deprives the person provoked of the power of self control, as the result of which he commits the unlawful act which causes death.... the test to be applied is that of the effect of the provocation on a reasonable man, so that an unusually excitable or pugnacious individual ..... malice, which is the formation of an intention to kill or to inflict grievous bodily harm, is negatived. provocation in law consists mainly of three elements: (i) the act of provocation; (ii) the loss of self-control (iii) the retaliation proportionate to the provocation.'20. it has been observed in mancini v. director of public prosectuions ( ..... subject to such a provocation as to cause a reasonable man to do what he did and secondly, whether the provocation was such that it influenced him so to act.19. the word 'provocation' according to oxford dictionary means an action, insult, etc. held to be likely to provoke physical retaliation lord viscount simon has observed .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)2CompLJ93(Guj); (2005)3GLR2734; [2006]67SCL404(Guj)
..... 1996(83)elt241(sc) reads as under : -10. we are of the opinion that while examining the challenge to an exemption notification under the central excise act, the observations in the decision aforesaid should be kept in mind. it should also be remembered that generally speaking the exemption notification and the terms and conditions ..... government issuing a notification which has the effect of amending an earlier notification and thereby restricting the operation of the exemption notification. under the general clauses act when power is given to the government to issue notification there is inherent in the same power to amend the same. this is precisely what ..... wherein the validity of the actions initiated by sebi were upheld. regulation 10 read with schedule iii of the regulations, 1992 has been held as intra virus the act, 1992. (ii) because of agitation by share-brokers and mainly for exclusion of certain transaction from 'turnover' and to resolve other dispute as to registration fees .....
Tag this Judgment!Court : Gujarat
Reported in : 2008CriLJ2230; (2008)1GLR612
..... and decisions are concurrent, and in the facts of the case and in light of the material on record, it cannot be said that the authorities have acted arbitrarily.17. since, the goods in question were released immediately, the petitioner must have thereafter immediately sold the goods in market, and that therefore, it cannot ..... even oral (e.g. of the so-called dealer to whom allegedly the said goods were forwarded), and that therefore, the authority cannot be said to have acted arbitrarily, or without application of mind or irrationally.14. reliance has been placed on the judgment of the hon'ble supreme court in case of n. nagendra rao ..... or a gate-pass unavoidable and mandatory requirement.11.7 the purpose behind incorporating such a requirement in the order is obvious. section 3 of the essential commodities act provides, inter alia, that for the purpose of maintaining supply of essential commodities and for securing equitable distribution and availability at fair price, if the government .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)1GLR544
..... multiple of 10 should be applied and deduction of 50% towards cultivation expenses should be made. the claimants are also entitled to statutory benefits under amendment act 68 of 1984.15. this court has heard both the learned advocates and also gone through the evidence on record and paper-book produced by learned advocate ..... have filed their objections against the proposed acquisition. after considering their objections, the special land acquisition officer submitted his report under section 5a(2) of the act, which provides hearing of objections, to the state government. considering the said report, the state government was satisfied with the lands of village sarbhan, which were ..... were likely to be needed for the said purpose. in view of the same, the state government issued a notification under section 4(1) of the act, which provides publication of preliminary notification and powers of officers thereon. the said notification was published in official gazette on 8-2-1996. after the said .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)2GLR1163
..... the general body for empowering the commissioner to make necessary representation in the government for obtaining exemption from the implementation of the payment of gratuity act, 1972. accordingly, having permission from the general board, powers were given to the municipal commissioner and proposal was sent in the government which ..... includes pension, commuted pension, family pension and gratuity, therefore, it is not possible to bifurcate the part of pension therefrom whereas the payment of gratuity act, 1972 includes the gratuity alone and, therefore, according to the respondent authority, the calculations made by the respondent corporation is not misleading and in reality ..... employees of the board under the bihar pension rules read with service regulations, 1976 are less favourable than the benefits available under the gratuity act. before considering the question, we may reject the submission advanced on behalf of the petitioner that the exemption amounts to forfeiture which cannot be .....
Tag this Judgment!Court : Gujarat
Reported in : 2009ACJ2099; (2007)2GLR1340
..... of the deceased himself being the driver, no claim by his legal representatives can be entertained by the claims tribunal under section 110 of the motor vehicles act. since the respondents were aware that their claim may not be entertained by the claims tribunal, they have preferred civil suit by invoking the provisions contained in ..... claim is concerned but referring to the averment made in the plaint, the respondents have not demanded the claim or compensation under any provision of motor vehicles act, 1988. it is the claimant to decide by which forum he wants to adjudicate his claim. since the compensation was demanded under the provisions relating to ..... bhagwati prasad (d) and ors. : [2002]2scr290 wherein it is held that the crucial expression conferring jurisdiction upon the claims tribunal consisting under the motor vehicles act is the accident arising out of use of 'motor vehicle,' and therefore, if there has been a collision between the motor vehicle and railway train then all those .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)1GLR86
..... - original plaintiffs had filed civil suit no. 337 of 2006 in the court of learned principal senior civil judge, ahmedabad (rural) under section 6 of the specific relief act for restoration of the possession of disputed plot / plots situated at sterling city township, bopal, taluka - daskori, ahmedabad (r). in the said suit the plaintiffs submitted ..... ). in the case before the orissa high court - prassana kumar singh (supra), in a suit for restoration of possession under section 6 of the specific relief act, application for interim injunction under order xxxix rule 1 and 2 of the code of civil procedure was submitted which came to be dismissed, against which appeal from ..... , deriving any benefit from the process. the legislature has considered it advisable to do away with the opportunity, to powerful persons, of shifting, by a wrongful act, the burden of proof from their shoulders to these of persons less able to support it. the court does not try question of title. it simply determines .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)224CTR(Guj)554; [2009]314ITR14(Guj); [2009]183TAXMAN317(Guj)
..... after summarizing the case of ongc v. collector of central excise, gone on to refer to provisions of sections 273a and 273b of the income-tax act, 1961 (the act) to state that the income tax department ought to have invited attention of the assessee to the said provisions. then ultimately disposed of the appeal before it ..... income-tax department may impose penalty but no recovery should be made and the state government or its undertaking should be pointed out provisions of section 273a of the act for making necessary application for waiver. thus, in effect, the said decision has not held that the tax appeal was not maintainable. therefore, the impugned order ..... to the public interest as it also entails avoidable wastage of public money and time. various departments of the government are its limbs and, therefore, they must act in coordination and not in confrontation. filing of a writ petition by one department against the other by invoking the extraordinary jurisdiction of the high court is .....
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