Court : Gujarat
Reported in : (1982)2GLR706
..... order may, therefore, be sent to the appropriate authorities concerned with the administration of the bar council of india and the state bar council, ministry of law of the government of india and law commission in order that the matter maybe examined fully and closely with the end in view to preserve the image of the profession and protect the seekers for justice from dangers inherent in admitting such persons on the rolls of the bar council.4. ..... :(a) if he is convicted of an offence involving moral turpitude;(b) if he is convicted of an offence under the provisions of the unsociability (offences) act, 1955;provided that the disqualification for enrollment as aforesaid shall cease to have effect after a period of two years has elapsed since his release, (ii) nothing contained in sub-section (i) shall apply to a person who having been found guilty is dealt with under the provisions of the probation of offenders act, 1958.we will deal with the constitutional challenge to the aforesaid provision anon. ..... for accepting illegal gratification in respect of his official duty under section 110 and under section 120b read with section 34 of the indian penal code has invoked our extraordinary jurisdiction under article 226 of the constitution of india in order to seek a direction calling upon the bar council to enroll him as a member of the bar without waiting for the lapse of the period of 2 years after his release from imprisonment as enjoined by section 24a of the advocates act, 1961. .....
Tag this Judgment!Court : Gujarat
Reported in : 1983LC1D(Gujarat)
..... 4 of the act the allahabad high court has taken the same view as was taken by the gujarat high court in the first golden tobacco case, namely, that these two provisions are supplementary to each other and that the supreme court had merely interpreted those provisions in the voltas' case and the atic's case in the context of the question which arose before the court, when it was faced with the question as to whether the wholesale cash price which the manufacturer gets from the wholesale buyer at the ..... 9, 1982 (unreported) in dealing with a problem arising in similar circumstances though in the context of the question whether landing, charges are includible in computing the assessable value of the dutiable goods:(1) the annual budget of the central government has been moulded on the assumption that this duty can be lawfully levied for more than 30 years, not to speak of the formulation of the budget by the appropriate government prior to the enforcement of the constitution of india upon the attainment of independence (2) income-tax must have been collected from tens ..... in 1979 cen-cus 337d madras rubber factory madras v. .....
Tag this Judgment!Court : Gujarat
Reported in : 1983CriLJ1124; (1983)2GLR945
..... he did not deny that the police officer did not have the power to arrest an accused if he is suspected of a cognizable offence, but his submission was that in that case the accused is entitled to communication of the full particulars of the offence under section 50 of the criminal procedure code and in that case this was not done in his affidavit, he specifically stated that communication of particulars of the offence has not been made to him in spite of the orders of the chief judicial magistrate to do so. ..... in course of the investigation that followed, the accused-petitioner who is stated to be a businessman living at 132/1, mahatma gandhi road, calcutta was arrested on the 20th march, 1975, by the ludhiana police with the assistance of the police of the jorasanko police station, in calcutta and was produced on the same day before the learned additional chief metropolitan magistrate. ..... this challenge of his is| met will by the state by resorting to section 64 of the bombay police act which defines duties of a police officer.64. ..... in view of this statutory provisions of the bombay police act, it cannot be said that what respondents nos. ..... , bavlu police station and this he had acted within his jurisdiction while investigating the case in question. ..... calcutta of a non-conform-ance to section 50 of the new code of criminal procedure code (act 2 of 1974). ..... 3 and 4 have acted mala fide as the petitioner no. .....
Tag this Judgment!Court : Gujarat
Reported in : (1984)1GLR237
..... 667.section 176 of the contract act is as follows :if the pawner makes default in payment of the debt, or performance, at the stipulated time of the promise, in respect of which the goods were pledged, the pawner may bring a suit against the pawner upon the debt or promise, and retain the goods pledged a collateral security; or he may sell the thing pledged, on giving the pawner resonablc notice of the sale.the rest of the section deals with the application of the proceeds of sale and is not material.in my judgment, a notice must be given in all cases of pledge, even ..... the division bench of this court in the aforesaid chhitarmal's case has then proceeded to observe as under:thus, the bombay, calcutta and madras high courts have taken a similar view on the point and we are in respectful agreement with the aforesaid observations to be found in those decisions. ..... the court in bombay steam navigation company's case followed the majority view of the madras high court reported in sheikh mohamad ravuther v. ..... (1909) ilr 32 madras 95 in this case, the plaintiffs claimed damages for the loss of 246 bags of rice out of a consignment of 4,000 bags carried by the defendants under a bill of lading from rangoon to tuticorin. ..... justice sankaran nair has not been accepted by the other high courts including bombay, madras itself and rangoon. ..... in the aforesaid madras decision have not been referred to or considered. .....
Tag this Judgment!Court : Gujarat
Reported in : 1985ACJ867; AIR1984Guj69
..... speaking for the appellate court made the following pertinent observations while allowing the appeal of, the appellants against the defendants; the independent contractors whom the plaintiffs had appointed for taking photographs: -'it is well established as a general rule of english law that an employer is not liable for the acts of his independent contractor in the same way as he is for the acts of his servants or agents, even though these acts are done in carrying out the work for his benefit under the con-tract. ..... ' judgment, impossible now for them to protest that they have done nothing effective to, prevent the accident and in any case their lordships cannot accept that as the true -view'.the aforesaid decision clearly lays down that even for the act of third parties, the person carrying or storing dangerous object on his premises would be responsible if it escapes because of the act of third parties if the person storing dangerous object is not careful enough about its, consequences and does not .....
Tag this Judgment!Court : Gujarat
Reported in : (1983)2GLR1260
..... , and if so, the next date when the case should again be referred to the medical board;(ii) whether the disablement can be declared to be of a permanent nature and, if so, whether the extent of loss of earning capacity can be assessed provisionally or finally;(iii) the assessment of the proportion of the loss of earning capacity whether provisional or final; andif the employment injury sustained- by the disabled person is caused by any occupational disease specified in schedule ii to the workmen's compensation act, 1923, the medical board shall also state whether the disablement is due to the said disease ..... :provided that an assessment of disablement due to an employment injury shall be treated as 'final' unless the medica board specifically states to the contrary and records reasons therefor. .....
Tag this Judgment!Court : Gujarat
Reported in : (1984)1GLR81
..... desai laid stress on some observations made in that decision - 'if after the passing of the previous decree, 'any other facts or circumstances occurred', which, in view of sub-section (1) of section 23 of the act, disentitled the spouse from obtaining the relief of dissolution of marriage by a decree of divorce under section 13(1-a) of the act, the same can be legitimately taken into consideration and can be given due effect to'. ..... ]3scr22 (supra), to which i have already referred, the supreme court considered that a judgment of a foreign court to be conclusive between the parties must be a judgment pronounced by a court of competent jurisdiction and competence contemplated, by section 13 of the code is in an international sense and not merely by the law of foreign state in which the court delivering judgment functions, and the party attacking the judgment is at liberty to show that the judgment which is relevant under section 41 of the evidence act was delivered by a court not competent to deliver it, or was ..... for instance, can it be said that a spouse against whom a decree for judicial separation or restitution of conjugal rights had been passed can never invoke section 13(1-a) of the act and apply for dissolution of the marriage unless he or she had made efforts for a reconciliation which he or she in all sincerity and truthfulness did not wish to do? .....
Tag this Judgment!Court : Gujarat
Reported in : (1984)2GLR1488
..... (4) assuming that the aforesaid schedule 'f' is intra vires the act, the impugned circulars issued by the administrative officer under the sanction of the director of education prescribing the pay and allowances of teachers working in private schools are bad in law and void inasmuch as the director of education being delegate of the state government, had no jurisdiction, authority or power to prescribe the pay-scales and allowances under clause i of schedule 'f' on the principle that the state government could not have sub-delegated its power to the director while enacting ..... the subordinate legislation. .....
Tag this Judgment!Court : Gujarat
Reported in : (1984)43CTR(Guj)255; [1985]154ITR10(Guj)
..... the high court also did not ask the tribunal to submit a statement on the question that the finding that there was no trust was based on no evidence and, therefore, on the question referred the high court, it was bound to accept the findings of the tribunal and to decide the question of law, if any, arising therefrom, and, in so far as the high court ignored the finding of fact and proceeded on assumption and answered the question, it acted beyond its jurisdiction. 27. ..... 6(20) of the madras hindu religious endowments act, 1959, in pichai v. ..... the division bench of the madras high court observed that according to hindu authorities and agama sastras, elaborate rites and ceremonies were introduced in regard to the building of temples and consecration and purification of idols, and that man-made images in contrast to swayambu images or self-revealed ones are installed and consecrated in a temple after due performance of long and elaborate ceremonies of which prana pratishta or vivification ceremony is an essential one by which the eternal spirit is supposed to be infused .....
Tag this Judgment!Court : Gujarat
Reported in : (1984)1GLR349
..... while issuing the rule the court granted interim relief in the following terms:interim relief against the process of election in regard to the fourteen seats of arts and education faculties being continued any further.at the time this interim order was passed after hearing counsel the question whether, under the provisions of the act and the statutes, election could be held in regard to the other seats in the 42-member constituency was evidently neither raised nor argued nor did the court purport to express any view ..... the separation of the faculty of education from the faculty of arts by amendment of the act and the statutes in the manner indicated above did not give a separate representation to the faculty of education since despite the amendment of statute 10(3) the 14 seats set apart for the faculty of arts including education continued to be set apart for the faculty of arts and education without in turn defining how many of them were to be for the faculty of arts and how many for the faculty of education. ..... the case of the petitioner in this application is that the act as well as the statutes envisage only a single constituency of 42 members, the voters have only single transferable vote for the entire constituency and neither the act nor the statute envisages two independent elections for the 42-member constituency, one for 28 members and the other for 14 members for whom election has not been held. .....
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