Court : Gujarat
Reported in : (1990)2GLR947
..... decision in state of himachal pradesh v. ..... the matter was then taken in appeal to the supreme court, and the supreme court, by order dated august 9, 1988 in the criminal appeal, observing that the high court lost sight of the provisions of section 74 of the act and omitted to consider the said provisions, though they were relevant for deciding whether the conviction was vitiated in the absence of compliance of chapter v, allowed the appeal and set aside the judgment by ..... has been committed, and, along with such drug or substance, any animal or conveyance or article is liable to be confiscated under the act, or any document or other article which he has reason to believe may furnish evidence of the commission of an offence punishable under chapter iv relating to such drug or substance.thus, section 43 speaks about search and seizure from any building, conveyance or enclosed place, while section 43 speaks about the search and seizure from public place or in transit. ..... power of seizure and arrest in public places- any officer of any of the departments mentioned in section 42 may:(a) seize, in any public place or in transit, any narcotic drug or psychotropic substance in respect of which he has reason to believe an offence punishable under chapter iv has been committed, and along with such drug or substance, any animal or conveyance or article liable to confiscation under this act, any document or other article which he has reason to believe may furnish evidence of the commission of .....
Tag this Judgment!Court : Gujarat
Reported in : [2008(117)FLR675]; (2008)IIILLJ206Guj
..... he also submitted that though two rules are in operation, then also provisions of the act are applicable as decided by the himachal pradesh high court in case of state of himachal pradesh v. ..... the himachal pradesh high court has considered this aspect in the case of state of himachal pradesh v. ..... he also raised contention that against the order of the controlling authority under section 7(7) of the act, appeal is available to the petitioner but, no appeal was preferred and straightway, petitions were filed after inordinate delay. ..... except that, no other contention was raised by the nagarpalika and considering the date of joining, retirement and salary, the controlling authority has directed to the nagarpalika to pay rs. ..... the employee is certainly entitled to elect his remedy, in the absence of a bar.20. ..... the controlling authority has not committed any error which requires interference by this court while exercising the powers under article 227 of the constitution of india. ..... the present petition preferred under article 226 of the constitution of india is maintainable. .....
Tag this Judgment!Court : Gujarat
Reported in : 1992CriLJ3298
..... state of himachal pradesh, (1984) 3 crimes 12 (paragraph 21) : 1984 cri lj noc 147 wherein it has been held that :there is no rule either of law or prudence which requires that the evidence of injured persons with respect to the cause of their injuries should not be believed and acted upon simply because it has not been corroborated by some independent ..... given circumstances in each ease, the nature of the crime, the manner in which it was planned and committed, the motive for commission of the crime, the conduct of the accused and all other attending circumstances are relevant facts which would enter into the area of ..... trial, the learned judge by his judgment and order dated 14th december 1987, convicted accused no. ..... be stated that there were twelve accused who were charged for the offences under sections 120b, 143, 147, 148, 302 read with sections 149, 302 read with section 114, 302 read with sections 34, 302 read with sections 120b, 307 read with sections 149, 307 read with sections 34, 307 read with sections 114 and 307 read with section 120b ..... it was also submitted that in the jail, jasubha had been elected as a member of the representative body of the convicts for a period of one ..... , the gun discovered upon the statement made by nirubha, was found to have insufficient hammer power, the positive evidence of the witnesses referred to hereinabove, cannot be discarded.103. ..... 9 and others, they were bound over for maintaining peace, by the orders passed by the concerned authority.11. .....
Tag this Judgment!Court : Gujarat
Reported in : (1997)3GLR2397
..... 4, 1990 and on february 12, 1990 a notification was issued in the following terms :in exercise of the powers vested in him under section 7 of the himachal pradesh khadi and village industries board act, 1966, the governor, himachal pradesh is pleased to accept the resignation of shri karan singh thakur, chairman, h.p. ..... also observed that admittedly present appellant had not made any endorsement of protest while, receiving the relieving order dated 21-7-1992, on the copy of the said relieving order and in view of non-making of such protest makes his claim of withdrawing the resignation on ..... effect.in the meanwhile, shri karan singh filed his nomination papers for election to the himachal pradesh legislative assembly from the 60-chachiot assembly constituency. ..... in the affidavit filed on behalf of the corporation it has been stated that no such letter was received in the office of the corporation.thereafter the learned single judge has further observed that when the petitioner received the letter dated 21-7-1992, of relieving him from service, the petitioner had merely made an endorsement of receiving the said letter and had not written any other endorsement or ..... judge had not considered the material on record as well as the pleadings of the parties in the proper context and he has committed grave error in observing and recording in his order that 'in the affidavit filed on behalf of the corporation, it has been stated that no such letter was received in the office of the corporation. .....
Tag this Judgment!Court : Gujarat
Reported in : (1976)5CTR(Guj)0052B
..... stage the decision the state of himachal pradesh v. ..... in such cases there were really two agreements, though there was single instrument embodying them, and in such cases their lordships held that the power of the state to separate agreement to sell materials, from the agreement to do work and to render service, and to impose a tax thereon could not be questioned, and that aspect remained untouched ..... himself only to the decision on the peculiar facts because there might be cases where portraits were ordered in circumstances which would constitute the contract one for the sale of a picture as a chattel. ..... nanavati for the simple reason that this exemption notification has been issued by the state government on a complete misconception of the true ratio in chalarams case which, as earlier pointed out by us, in the light of the settled legal position must be confined to its special facts where there is clearly a ..... it was first pointed out at page 79 that the language of the relevant section 17 would not apply to many productions and pursuits in the exercise of which physical things incidentally came into existence and became property of the client or customer, although the essential character ..... however relied only on the statutory definition, and having regard to the provisions of the act, the production of photographs and supplying them to clients for a price in the ordinary course of the taxpayers business was held to constitute a 'manufacture' of goods within the meaning of the ..... 1970 .....
Tag this Judgment!Court : Gujarat
Reported in : [1976]37STC238(Guj)
..... stage the decision the state of himachal pradesh v. ..... in such cases there were really two agreements, though there was single instrument embodying them, and in such cases their lordships held that the power of the state to separate agreement to sell materials, from the agreement to do work and to render service, and to impose a tax thereon could not be questioned, and that aspect remained untouched ..... himself only to the decision on the peculiar facts because there might be cases where portraits were ordered in circumstances which would constitute the contract one for the sale of a picture as a chattel. ..... nanavati for the simple reason that this exemption notification has been issued by the state government on a complete misconception of the true ratio in chalaram's case which, as earlier pointed out by us, in the light of the settled legal position must be confined to its special facts where there is clearly a ..... it was first pointed out at page 79 that the language of the relevant section 17 would not apply to many productions and pursuits in the exercise of which physical things incidentally came into existence and became property of the client or customer, although the essential character ..... however relied only on the statutory definition, and having regard to the provisions of the act, the production of photographs and supplying them to clients for a price in the ordinary course of the taxpayer's business was held to constitute a 'manufacture' of goods within the meaning of the ..... 1970 .....
Tag this Judgment!Court : Gujarat
Reported in : (1983)2GLR897
..... the post of dsj/adsj in himachal pradesh will have to be made in ..... to move this court for appropriate writs, orders and directions to quash and set aside the order of the state government refusing, to give retrospective promotion to the petitioner as a city civil judge and/or as principal judge of the city civil court, ahmedabad and enjoining the respondent-state to give effect to the decision of the highcourt dated 20th december, 1979 by giving notional promotion ..... actual and/or notional promotion of a judicial officer under the control and supervision of the high court, and recommendations made in terms of the decision to the state government, the entire matter is ex facie within the power of control under article 235 and, therefore, the state government is not entitled to defer or refuse to implement the decision and if at all it is, it can do so only at the pains of committing ..... words, the learned single judge has held that the state government could not have fixed the seniority of the ex-saurashtra employees by deducting five years service without the prior approval of the central government since otherwise it would be in violation of section 115 of the states re-organisation act and, therefore, it would be without authority and ..... court said that further pro : [1970]2scr928 motion of district judges is a ..... district judges they will be made by the governor of the state in accordance with the rules framed by him in consultation with the high court and the punjab service commission. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1981Guj107
..... himachal pradesh, : [1971]1scr413 , the supreme court has observed that 'by a notification under section 21 of the general clauses act, the government may cancel or rescind the notifications issued under sections 4 and 6 of the land acquisition act ..... court has observed: 'it is well settled that after possession of the land forming the subject-matter of acquisition has been taken in accordance with section 16 or 17(1) of the act, the land vests in the government and the government or any authority is not at liberty to withdraw from acquisition of any land of which ..... power under section 21 of the general clauses act cannot be exercised after the land statutorily vests in the state ..... open to the government to cancel the notifications issued under sections 4 and 6 by virtue of its power under section 21 of the general clauses act. ..... in our opinion, under section 48, it is within the power of the government to withdraw from the acquisition of a part of land ..... thereafter the state government on 5th february, 1977, made an order withdrawing from the acquisition of the ..... petition in the context of the lapse of a period of over 20 years between the date on which notification under section 4 was issued and the date on which the impugned withdrawal was notified. ..... section 48(1) confers a special power on government of withdrawal from acquisition without cancelling the notifications under sections 4 and 6, provided it has not taken possession of the land covered by the notification under section .....
Tag this Judgment!Court : Gujarat
Reported in : (1980)2GLR132
..... himachal pradesh and another, : [1971]1scr413 , the supreme court has observed that 'by a notification under section 21 of the general clauses act, the government may cancel or rescind the notifications issued under sections 4 and 6 of the land acquisition act ..... court has observed: 'it is well settled that after possession of the land forming the subject-matter of acquisition has been taken in accordance with sections 16 or 17 (1) of the act, the land vests in the government and the government or any authority is not at liberty to withdraw from acquisition of any land of which ..... power under section 21 of the general clauses act cannot be exercised after the land statutorily vests in the state ..... open to the government to cancel the notifications issued under sections 4 and 6 by virtue of its power under section 21 of the general clauses act. ..... in our opinion, under section 48, it is within the power of the government to withdraw from the acquisition of a part of ..... thereafter the state government of 5th february 1977 made an order withdrawing from the acquisition of the ..... petition in the context of the lapse of a period of over 20 years between the date on which notification under section 4 was issued and the date on which the impugned withdrawal was notified. ..... section 48(1) confers a special power on government of withdrawal from acquisition without cancelling the notifications under sections 4 and 6, provided it has not taken possession of the land covered by the notification under section .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)1GLR567
..... state of himachal pradesh (supra), the judgment which is relied upon by the learned advocate, mr. ..... state of himachal pradesh and ors. ..... once having exercised the power under section 10(1)(c), there was no reason for the government to issue second order dated 12th january, 2000. mr. ..... court has held that, 'section 83 of the act is mandatory in character and requires not only a concise statement of material facts and full particulars of the alleged corrupt practice, so as to present a full and complete picture of the action to be detailed in the election petition but under the proviso to section 83(1) of the act, the election petition levelling a charge of corrupt practice is required, by law, to be supported by an affidavit in which the election petitioner is obliged to disclose his source of information in respect of the commission of that corrupt practice'. ..... it is essentially based on an object which has been deliberately introduced by the amendment act, 1976 in order to see that the 1 is unnecessarily is not protracted and would not cause any harassment to the parties if it could be decided that 1 is itself is not maintainable in the court and thus avoiding the avoidable litigation in the court.'34. ..... we have now before us a case where a dispute originating in 1969 and referred for adjudication by the government to the labour court in 1970 is still at the stage of decision on a preliminary objection. .....
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