Court : Gujarat
Reported in : (1997)138CTR(Guj)35
..... that in case, this court was not inclined to accept the aforesaid decision of the andhra pradesh high court, then in that case, it would be absolutely unreasonable to ask not only the particular firm but also its partners to pay the fine 'equal to' the alleged loan or deposit because the said amount would be many-fold more than the actual loan or deposit accepted by the company for which each one of the partners cannot be saddled with the maximum penal liability. ..... further submitted that ordinarily, when in any fiscal statute like the it act, one of the high courts of the country has taken a particular view that should be followed by all the courts with a view to see that homogeneity is maintained. ..... is surely treading on some stronger ground as there is indeed great substance as, to ask, over and above the partnership firm, all the partners to pay a fine 'equal to' the amount of the loan or deposit received by the firm, prima facie, would be quite unreasonable and indeed could not be the intention of the legislature in the absence of some express provision. ..... on going through the said judgment, with utmost respect to his lordship, it has got to be stated that the whole attention of his lordship appears to have been centred and anchored only on the word 'liable', losing altogether sight and significance of the reference to the content of the unavoidable related fact, namely, that the same was followed by the expression 'to fine equal to the amount of such loan or ..... bharat finance co. .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)1GLR13
..... if the security guard committed an error in perceiving the act of deceased as a threat to the cash box or the wrong parking of the scooter as an impediment of protection of the property of the bank from a possible danger from any third party, the act of the security guard causing death of the deceased was in the course of the employment of the security guard, and therefore, it is not possible to accept the defence pleaded by the bank that it is not vicariously liable'.15. ..... the time-limit is peremptory and the trial court shall comply with the provisions of the civil procedure code as amended by the 1999 and 2002 amendment acts for expeditious trial and report compliance to this court keeping in mind the observations made in para 12 of this judgment.iii if at all respondents reconsider the matter and are inclined to accept the petitioners' request for compassionate appointment, this judgment shall not come in the way of the parties arriving at any settlement as may be acceptable to the parties.5. ..... 50,000/- to be deposited by the respondent-bank for expenses of litigation shall be adjusted against the costs which may be awarded by the civil court.ii if the petitioners file a civil suit for compensation by 31-12-2002, the trial court shall hear and decide such suit as expeditiously as possible and in any case by 31-12-2003. ..... ), on 28-10-2002 (reported in : (2003)2glr1093 rule was issued and ms. .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)2GLR1013
..... affidavit that while accepting the recommendations made by the above expert committee, the respondents with the concurrence of finance and approval of competent authority issued revised guidelines dated 7-6-2002 and decided that the norms for storage, losses and transit losses cannot be fixed and that the existing system of investigation into each and every case of storage/transit loss considering various factors responsible for losses including the dereliction of duties by the officials and write off of such ..... reference is also made to the other material on record such as the circulars issued by the gujarat state civil supply corporation, the central warehousing corporation, the provisions of weight and measures act showing the difference of 1% in weight as permissible and on the basis of such material, it is contended that the loss below 1% can never be considered to be abnormal loss. 9. ..... it is for the concerned corporation to fix its own standards and expect the employees to be careful and vigilant in the matter of stocks of foodgrains so that minimum loss is caused to the concerned public corporation acting for the benefit of the community as a whole because the foodgrains are subsidized commodities, and therefore, loss of foodgrains during transit or storage will mean more burden on the subsidies. .....
Tag this Judgment!Court : Gujarat
Reported in : 2007ACJ1565
..... is true as pointed out by the learned advocate for the opponent that second schedule to the act provides for a multiplier of 13 for the deceased in the age group of 45 to 50 years, however, second schedule is applicable only to cases where the yearly income of the victim does not exceed rs. ..... in the facts and circumstances of the case, considering the age of the deceased, the multiplicand that we have adopted the fact that the deceased would have in any case superannuated in less than 12 years after the accident, we find that appropriately multiplier of 8 would be justified.reference at this stage may be made to the decision of the apex court in the case of chellammal ..... 2006 acj 854 (sc), wherein the apex court referring to the multiplier provided in the second schedule to the act increased the multiplier from 12 as adopted by the high court to 15 in case of death of the person aged 41 years. ..... he stated that the tanker driver had not flashed light while coming from the opposite direction on the wrong side.in cross-examination, the witness denied the suggestion that the other half of the road was not available for traffic due to repair work.the claimants also examined panch witness bachubhai venidas patel ..... per month.in this regard, reliance was placed on the decision of the apex court in the case of general manager, kerala state road trans. ..... is pointed out by the learned advocate appearing for the parties that the insurance company had deposited the entire award amount in march 2003. .....
Tag this Judgment!Court : Gujarat
Reported in : 1953CriLJ21
..... a person may not have committed a single offence and may have been living a pure life and yet legally he must subject himself to the restrictions contained in the act.no public interest can be served by subjecting persons to severe restrictions for life whether they are in fact proved to be deserving of them ..... under section 11 a person of one of the communities mentioned in the schedule residing in another village becomes subject to the restrictions of the act on his settling in any of the villages in which the act has been applied to his community; and finally section 13 empowers the police commissioner to direct any person from time to time to sleep at the police station if it appears to him that such person is a habitual offender and it is necessary to keep ..... therefore difficult to hold that he has been discriminated against on the ground of his caste only, because we have no evidence that there are no other sanghars in salaya but the act is certainly in contravention of his fundamental rights under article 19(1)(d) and (e) of the constitution and the act must be declared as void in his case on that ground ..... all previous dharas and circulars pertaining to the matters dealt with by the act and further provides that the villages as well as the persons to whom the previous pass hajari dhara applied shall be governed by the act as shown in schedule a. ..... 2003, which will hereinafter be referred to as the act, declares that it shall come into force on the date of its publication in the .....
Tag this Judgment!Court : Gujarat
Reported in : (1997)1GLR434
..... in niranjan singh's case (supra) as follows, rejected the application on the ground that the application under section 439 was premature:no person accused of an offence can move the court for bail under section 439 unless he is in custody.where the accused had appeared and surrendered before the sessions judge, the judge would have jurisdiction to consider the bail application as the accused would be considered to have been in custody within the meaning of section 439, is physical control or at least coupled with ..... section patel, very emphatically argued that the learned judge in disregard of the law laid down by the apex court on the question of custody has erroneously rejected the bail application under section 439 as premature ..... in spite of the clear ruling of the apex court that unless a person is in custody, he cannot move application under section 439 and the accused who had appeared and surrendered before the sessions judge, shall be considered in custody within the meaning of section 439, the learned advocate for the petitioners mr. b. ..... sessions judge ought to have called the petitioner in the court if at all his presence was necessary before the court but instead of going through such exercise, the rejection of the bail application has resulted into serious miscarriage of justice ..... classic finance limited for the offences either under section 406 or 420 read with section 114 of the indian penal code. ..... classic finance ltd.with the above direction, rule is discharged. .....
Tag this Judgment!Court : Gujarat
Reported in : (1980)2GLR341
..... in such a case as the present, however, the court's functions begin when a charge is preferred before it, and not until then,after considering the aforesaid judgment of the privy council, the supreme court, in para 26 of its judgment observed: 'this view of the judicial committee clearly demarcates the functions of the executive and the judiciary in the field of detection of crime and its subsequent 'trial and it would appear that the power of the police to investigate into a cognizable offence is ordinarily not to be interfered with by the judiciary. ..... so, that was also a stage where the investigation was in the hands of the police and it had not completed, it should be noted that when the matter was heard by the supreme court, the police had filed the report under section 173 of the old code before the magistrate, but the learned magistrate had not applied his mind to the merits of the said report. ..... could be convinced that the power of investigation has been exercised by a police officer mala fide, the high court can always issue a writ of mandamus restraining the police officer from misusing his legal powers.after quoting those observations, the supreme court considered:not only such a case is not made out but the high court by an utter misconception of its jurisdiction almost directed the magistrate before whom the papers are pending to act in a manner as enjoined by the high court. .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)21VST132(Guj)
..... having heard both the learned advocates on this count, the court finds it just and proper to fix the period at 24 months for the purposes of recommissioning from the date of cyclone considering the factors like shock, arranging for finance and normal period necessary for installation of a new windmill after cleaning up the debris of the windmill destroyed in cyclone. ..... of the controversy, which the court is called upon to decide today is in light of the subsequent resolution dated 11th september, 1994, whereunder, respondent state relaxed the condition of a wind farm running at least for six years continuously from the date of commissioning by providing that such period of six years would be a total of six years comprised of the period of operation prior to the date of cyclone plus the period subsequent to running of the windmill for the balance period after the date of cyclone upon recommissioning the windmill ..... 7(f) would apply only in a case where the default has occurred by virtue of an act on part of the industrial unit, whereby the unit deliberately ceases to generate electricity during the period of six years as per resolution dated 13.6.1994. ..... the notice was issued on 1.12.1999 and followed by notices issued on 29.8.2000, 22.10.2003, 15.12.2003 and 19.1.2004. .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)2GLR1235
..... along with others be given deemed date of promotion when they ought to have been promoted under the rules.14.1.3 the aforesaid direction was issued by the tribunal on the basis of its findings stated in para 4 of the judgment:4 ...it is no doubt true that if the persons who have passed the qualifying examination are not available the persons who have not passed the qualifying examination can be promoted but as soon as the qualified persons are available, unqualified persons promoted are required to be reverted and ..... the power to increase the posts and cadre strength vests with the government in revenue department, who can enlarge the cadre strength with the prior permission of the government in general administration department, and government in finance department. ..... 994 of 2003, 10881, 11210 of 2002, 3147, 3152, 3159, 3162, 3164, 3166 to 3179, 14058, 14060, 14061, 14062, 14370 & 14371 of 2003 are based on the premise that the promotions of the deemed date given on the basis of decision dated 6th march, 1995 is valid and proper. ..... it was also not stated mat the appellant had, at any time, acting upon the promise, altered his position, in any manner, specially to his detriment. ..... it is essential that anyone who feels aggrieved with an administrative decision affecting one's seniority should act with due diligence and promptitude and not sleep over the matter. .....
Tag this Judgment!Court : Gujarat
Reported in : (1997)1GLR751
..... the prosecution evidence brought on the record and on the other hand defence version, acquitted the accused in substance on the following grounds, giving rise to the present appeal by the state.4.1 that pw-1 the decoy witness has backed out from the prosecution case on the crucial part of the evidence regarding illegal demand and acceptance of the bribe money by the accused from him, and accordingly he having been declared hostile to the prosecution was not dependable.4.2 that likewise the evidence of pw-1, due to several infirmities enlisted in detail in the judgment, the ..... to take a lighter and lenient view of the matter by granting less than the minimum prescribed under the act would be at the hazard of the greatest public interest, where corruption despite the special act with the deeming fiction and presumption against the accused is spreading with leaps and bounds!! ..... if on the other hand, the circumstantial evidence is considered to be inadequate to buttress the oral testimony, the appeal necessarily but fail.7.3 state of kerala v. k.m. .....
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