Court : Gujarat
Reported in : (2000)1GLR41
..... and 16 of the constitution of india and for quashing and setting aside the same.2. the petitioner at the relevant time, was serving as a constable in railway protection force under the divisonal security commissioner, rajkot, the respondent no. 2 herein. the petitioner was charge-sheeted for major penalty on 13.11.1987 for the following misconduct ..... make entry in the dynamo belt checking book and would also contact the railway doctor. if one sees the totality of the circumstances, the same would justify the act of the petitioner in leaving the duty without informing and/or without making necessary entry in the relevant book. as stated above, there is no dispute to the ..... question of desertion of his duty. in view of this, the respondents were not justified in dealing with the petitioner under rule 147 (iv) and (v) of the railway protection force rules, 1987 and also under rule 146(2) of the rules, which reads as under:rule 147 (iv) 'withdrawing from duty of his office without permission; (v .....
Tag this Judgment!Court : Gujarat
Reported in : (1986)1GLR660
..... on what principles the lower courts thought it fit to impose sentence of simple imprisonment and not that of rigorous imprisonment. the object of the act is to eliminate the danger to human life and health from the sale of unwholesome articles of food see municipal corporation of delhi v. shiv shanker reported in : 1971crilj680 . it may ..... forced rest' rather than deterrent punishment. he is deprived of his liberty for a very short period but he lives in comforts, forgetting all his worries of outside life. he enjoys rest and also enjoys other facilities at the expense of the society. for what? because he plays with the health of people? is this the ..... be noted that the act is meant for the protection of the society and the parliament has by repeated amendments emphasized the statutory determination to stamp out .....
Tag this Judgment!Court : Gujarat
Reported in : 2009CriLJ1272; (2009)2GLR1446
..... also perused the suicidal note. it is established fact that a married woman, mother of two minor children, has consumed poison after a span of 10 years marriage life, it is prima facie established that the applicant was habitual drunkard. in our indian culture the woman cannot tolerate such type of bad habit of her husband. poor ..... 2.1998 and the date of incident is 25.1.2008. so, from the evidence it appears that the span of marriage life of the deceased with the applicant is 10 years.section 113(a) of the evidence act, reads as under:113-a. presumption as to abetment of suicide by a married woman - when the question is whether ..... such circumstances she would have entered in the thought committing suicide to get out from such type of harassed marriage life.16. from the statement of two minor children of applicant himself, it appears that they have also narrated the act of the applicant-accused harassing their mother and cruelty inflicted to their mother.17. against the present applicant, .....
Tag this Judgment!Court : Gujarat
Reported in : [1986]59CompCas201(Guj)
..... directors on their own would be reluctant to enter into such transactions in apprehension of the consequences and, therefore, the company court must have jurisdiction to protect such transactions. the division bench was unable to persuade itself to hold that the order would become otiose if the application for winding up is ultimately rejected ..... in the lease for its forfeiture if a winding up order were made should not take effect. this latter decision is undoubtly preferable, for, the protection of the interests of the company's creditors and shareholders should be the paramount consideration in construing the court's jurisdiction. the decision has been followed ..... , the following observation in the notes of section 227 of the companies act, 1948, at page 571 is instructive. the observation is found under the caption of the topic 'when the application should be made '. it reads as under: 'in an early case (international life assurance society, in re : gibbs and west's case [1870] .....
Tag this Judgment!Court : Gujarat
Reported in : 1991(55)ELT467(Guj)
..... inclined to agree with the submission of mr. sen that the language contained in clause 2 of the defence of india (amendment) rules, 1965 can only afford protection to action already taken while the rule was in force, but cannot justify initiation of a new proceeding which will not be a thing done or omitted to ..... be in force in respect of the said right and liability, accrued or incurred before the said ordinance was repealed and the remedies available thereunder. but the life of the repealing ordinance had expired on november 1, 1947. what was the effect of the expiry of the repealing ordinance on the said liability continued after ..... rights and liabilities created under the repealed statute are not ipso facto terminated. the accrued rights and liabilities are saved unless they are expressly extinguished or the amending act specifically provides to that effect. liability to pay duty of excise arises immediately when excisable goods are removed. (2) rules 10 and 10a or substituted rule 10 .....
Tag this Judgment!Court : Gujarat
Reported in : (1971)12GLR769
..... any particular case or class of cases prescribe signed by the owner of the factory and countersigned by the proper officer. these are the relevant provisions of the act and the rules which require to be considered in order to arrive at a proper determination of the question in controversy between the parties.5. now it is ..... 56008 3/4 were mercerised printed medium a cotton fabrics cotton fabrics were goods specified as item no. 19 in the first schedule of the central excise and salt act, 1944 and they were, therefore, excisable goods on which excise duty was leviable at the rates set forth against item no. 19 relating to cotton fabrics. but ..... the textile mill and since cotton fabrics are excisable goods, the first petitioners hold a licence for manufacture of cotton fabrics duly issued under the central excise and salt act 1944. during the period 1st august 1961 to 30th november 1963 which is the period with which we are concerned in this petition, the first petitioners manufactured diverse .....
Tag this Judgment!Court : Gujarat
Reported in : (1986)2GLR867
..... on what principles the lower courts thought it fit to impose sentence of simple imprisonment and not that of rigorous imprisonment. the object of the act is to eliminate the danger to human life and health from the sale of unwholesome articles of food, (see municipal corporation of delhi v. shiv shanker reported in a.i.r. 1971 ..... 'forced rest' rather than deterrent punishment. he is deprived of his liberty for a very short period but he lives in comforts, forgetting all his worries of outside life. he enjoys rest and also enjoys other facilities at the expenses of the society. for what? because he plays with the health of people? is this the object ..... 815). it may be noted that the act is meant for the protection of the society and the parliament has by repeated amendments emphasized the statutory determination to .....
Tag this Judgment!Court : Gujarat
Reported in : (1991)2GLR1182; (1995)IIILLJ376Guj
..... in the nominee free from any debt or other liability incurred by the deceased or the nominee before the death of the member. therefore, section 10 of the act gives protection to the provident fund amount. it prohibits assignment or charge over it even if the member to the provident fund scheme intends to assign or charge. it ..... after considering all conflicting decisions the court held that a mere nomination made under section 39 of the insurance act does not have the effect of conferring on the nominee any beneficial interest in the amount under the life insurance policy on the death of the assured. the nominationonly indicates the hand which is authorised tb receive the ..... never intended or attempted to change the law ofsuccession applicable to the member of the provident fund scheme. the sole purpose and intent of affording protection under, section 10 of the act and clauses 61 and 70 of the scheme is to see that the member of the scheme or needy family members of the deceased member get .....
Tag this Judgment!Court : Gujarat
Reported in : [1966]18STC482(Guj)
..... taxed at all or was exempt. where a similar provision like the present section 67 was present in section 20 of the bombay sales tax act, 1946, protecting assessments 'made under the act', it was held at page 1947 of the aforesaid decision that the said clause took in all assessments made or purported to have been ..... section could not be said to be without jurisdiction or a nullity and the assessment based even on such an erroneous conclusion would claim the protection of section 20 of the said act. the learned assistant government pleader had strongly relied upon the aforesaid decision in the case of kamala mills. that decision clearly interpreted the ..... of procedure committed by the income-tax officer which made the entire order of assessment without jurisdiction, illegal and void. such and could not claim any protection under section 67 of the act. in bharat kala bhandar (private) ltd. v. municipal committee, dhamangaon, the supreme court had considered the scope of section 84(3) of the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1962Guj208; [1962(4)FLR498]; (1961)GLR705; (1964)0GLR470; (1962)IILLJ342Guj
..... everybody would always be careful, and it was impossible to guarantee that workers sometimes would not be foolish or even reckless. the object of the act was to save and protect them against their own folly or carelessness. the absolute nature of such an obligation on the occupier or the manager of a factory is also found ..... dismissed the prosecution. the order of dismissal was confirmed by the appellate court, in confirming the order of dismissal, stable j., while agreeing that the factories acts were enacted not merely to protect the careful, the vigilant and, the conscientious workmen, but human nature being what it is, the careless, the indolent, the inadvertent, the weary, and ..... . but lord simonds regarded the principle as applicable to all provisions imposing penalties, including those where the object of the act, was the protection of the life and limb of workers.19. bearing these principles in mind, we ask ourselves, what is the position in the present case before us? there was .....
Tag this Judgment!