Court : Gujarat
Reported in : AIR1963Guj183
..... who is the present applicant, he was added as a party-defendant and became qefendant no. 4. in that suit, the learned civil judge came to the conclusion that bal godavri had remarried and decreed the suit. against that decision there was an appeal to the district judge, mehsana, being no. 102 of 1956. in that appeal, the learned ..... death of her husband dhirajram kripashanker, she contracted a re-marriage on 16th november 1954 with one harishanker. the plaintiffs case was, therefore, that godavri having committed a bad act, under the terms of the gift deed, he, being the sole surviving donee ot the two joint donees, was entitled to recover possession of the property, which was the ..... no. 1 in the suit made a gift of the property in the suit to the applicant raval prabhulal bapalal, who is the plaintiff in the suit and one bal shivganga jointly. bai shivganga was a sister of the husband of godavri. sometime after the execution of this deed, bai shivganga died with the result that under the deed .....
Tag this Judgment!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 : AIR1980Guj142
..... from the material on record of , this case. mr. pandya relies on, three of the rules of the road which are contained in the 10th schedule to the motor vehicles act, 1939. rule 1 enjoins upon the driver of a motor vehicle to drive the vehicle as close to the left hand side of the road as may be expedient and ..... apply only in a case in which there is a main road designated as such , under section 77 of the motor vehicles act. there is no evidence on record to suggest that the road between maninagar railway station and bal vatika was designated as a main road, as such, rule 7, therefore, cannot be pressed into service by mr. pandya to advance .....
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 : AIR1993Guj20
..... the textile commissioner has been vested with suitable powers under the various control orders issued from time to time under the provisions of the essential commodities act, 1955 to enable him to discharge his regulatory and developmental functions. the regulatory function by and large constitute the implementation of various types of control ..... under the provisions of the essential supplies (temporary powers) act, 1946, which came into force on and from november 19, 1946, the cotton textile (control) order, 1948 (hereinafter referred to as the 'order of 1948 ..... by mr. joshi before us in this petition. the petitioner no. 1 is a company incorporated and registered under the provisions of the indian companies act and is engaged in the business of manufacturing textiles. the 2nd petitioner is both -- a shareholder and the managing director of the first petitioner company. .....
Tag this Judgment!Court : Gujarat
Reported in : (1993)1GLR223
..... maintenance amount in the hands of the needy claimants would frustrate and militate against the very object for which the maintenance provisions came to be incorporated under the relevant acts, further, as discussed above, the execution procedure as provided under order xxi of c. p. c. and rules made thereunder is indeed so cumbersome and ..... decisive role in preserving and protecting the 'rule of law' and 'the administration of justice'. accordingly, they need not get immediately exasperated over some issue and act in a manner giving strike call, which may in turn turn-down the great expectation of the society in them- we further feel that the duly and importance ..... , petitioner has been constrained to move this court by way of filing the present misc. civil application to initiate the contempt proceedings under the contempt of courts act, 1971 inter alia praying to call upon the respondent to purge the contempt at once by complying with the impugned ad interim award, paying up the entire .....
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 .....
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