Court : Gujarat
Reported in : (2001)4GLR3022
..... authorities pursuant to applications made by sarpanchs as well as village people. our attention was invited by the petitioners to various provisions of wild life (protection) act, 1972 (hereinafter referred to as `the act') and particularly to section 11 which prohibits hunting of wild animals specified in schedule i. the said section starts with non-obstante clause and enacts that 'notwithstanding anything contained in any other ..... observe whenever such occasion arises;15. in the facts and circumstances, we issue the following directions:(1) no wild animal specified in schedule i of the wild life (protection) act, 1972 shall be hunted or cause to be hunted unless such wild animal has become 'dangerous to human life' or is 'so disabled or diseased as to be beyond recovery'' ( section 11);(2) an order of hunting .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1961Guj38; (1961)2GLR38
..... therefore, have universal application and may be confined in their application to particular classes of persons for the purpose of achieving particular ends. the equal protection clause has been construed as a guarantee against discrimination amongst equals only and not as taking away from the state the power to classify persons or ..... , scope and effect of that article. that article aims at striking down hostile discrimination or oppression or inequality. as the guarantee implied in the equal protection clause applies to all persons similarly situated, it is certainly open to the legislature to classify persons and filings to achieve particular legislative objects but such ..... and rational relation to the object sought to be achieved by the said act and the action of the state in entrusting wholesale distribution of sugar to co-operative societies to the exclusion of other licence-holders offends against the equal protection clause. 16. so far as the second argument of the learned advocate .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1962Guj297; (1961)2GLR454
..... therefore cannot be said to have any public purpose to support it. 12. the next question that has to be determined is whether the act in question falls within the protection of article 31a. the act is limited in its operation to the area of saurashtra in the state of bombay because aghat tenure and ijaras in respect of lands existed ..... soil it would not be possible also to uphold the contention that there is no public purpose protecting the enactment or that only 36 individuals are intended to be benefited under this statute. it is clear from section 6 of the act which saves the occupancy rights of the ijardar in respect of gharkhed land that the object of ..... in that area only. therefore, there is no question of any discrimination in the sense that the act applies to one particular area and not .....
Tag this Judgment!Court : Gujarat
Reported in : 1962CriLJ417; (1961)GLR717
..... inspector complaint thereof may be made within six months of the date of which the offence is alleged to have been committed. x x x x x117. protection to persons acting under this act: no suit, prosecution or other legal proceeding shall lie against any person for anything which is in go-d faith done or intended to be done ..... by these provisions are not criminal in any real sense but are acts which are prohibited in the interest of the workers in order to promote their interest and lead to healthy conditions of life and work. it is clear that the provisions of section 63 would fall within the first class of exceptions enumerated by mr- justice wright in ..... any discussion of the question whether the principle of mens rea is applicable in the case of contravention of the provisions of a social welfare legislation like the factories act. we find that in that case reliance was placed principally on section 117 and an independent argument based on the absence of mens rea was riot raised. that .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1961Guj73; (1961)GLR117
..... ch. iii-a which is headed 'direct management or control of industrial undertakings by central govt. in certain cases.' this chapter was added to the act by amending act 26 of 1953. prior to that date the central government had no power to take over the management of the whole or any part of an ..... to stimulate the development of the industry to which the undertaking or undertakings relates or relate;(c) prohibiting the industrial undertaking or undertakings from resorting to any act or practice which might reduce its or their production, capacity or economic value;(d) controlling the prices, or regulating the distribution, of any article or class ..... to the economic conditions prevailing, there is no justification : now, therefore, in exercise of the powers conferred by section 15 of the industries (development and regulation) act, 1951, (65 of 1951), the central government hereby appoints, for the purpose of making a full and complete investigation into the circumstances of the case, a body .....
Tag this Judgment!Court : Gujarat
Reported in : 1961CriLJ227; (1961)2GLR218
..... exception is made in respect of offences which are exclusively triable by the court of sessions. it must be noted that the act is a special enactment which deals exclusively with the custody, protection, treatment and rehabilitation of children and youthful offenders and the trial of youthful offenders in the state of bombay. now it is ..... the learned sessions judge, the high court in that case seems to have been, influenced by the contention urged by the additional assistant advocate general that the act does not anywhere provide that a magistrate exercising the powers of a juvenile court would be competent to try cases, which under the code of criminal procedure ..... in respect of the child notwithstanding anything in the code of criminal procedure. this procedure clearly postulates that the magistrate trying the case under the provisions of the act has power to try the case against the child even though the offence may be one exclusively triable by the court of session. there is, therefore, .....
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!Court : Gujarat
Reported in : AIR1962Guj44; (1961)GLR735
..... only rebuttable. in the case before them, their lordships of the supreme court held that the presumption laid down in the madras prohibition act not only did not offend against the requirement of equal protection of laws as they have to be raised against all persons against whom facts mentioned therein are established but that even on the ..... fact that certain actions are made offences and are visited with penal consequences, while other actions are not, has never been understood to contravene the rule of equal protection of the laws. the high court also observed that it was also obvious that the same procedure cannot be made applicable for every offence, and there was no ..... property itself is taken lawfully under article 31, the right to hold or dispose of it perishes with it and article 19(1)(f) cannot he invoked. likewise, if life or personal liberty is taken away lawfully under article 21, no question of the exercise of the fundamental rights under article 19(1)(a) to (e) and (g .....
Tag this Judgment!Court : Gujarat
Reported in : (1962)3GLR682
..... presiding officer has followed the procedure no sanctity becomes attached to the procedure. we exercising our jurisdiction under article 226 of the constitution would for the protection of the right of franchise of a citizen certainly interfere in the matter irrespective of the fact that the particular procedure has been adopted by the ..... for the purpose of this petition. section 58 is the first section in chapter iv which is instituted rules and by-laws chapter iii of the act is instituted conduct of business and deals with municipal meetings committees joint transactions with other bodies contracts with the municipalities acquisition of lands liabilities of councilors ..... councilors of the municipality calling a special general meeting of the municipality on july 18 1961 the first respondent also as the elected president proceeded to act as the president of the municipality. on these facts the petitioners who are nine of the councilors of the municipality filed a petition under article 226 .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1963Guj135; 1963CriLJ755; (1962)GLR1052
..... shantilal. but it is contended., by' his learned counsel that his 'statement that, these were the' shoes of shantilal is inadmissible in evidence under. section 27 of the evidence act. their lordships of the supreme court, however, held in pershadi v. state of uttar pradesh, (s) air 1957' sc 211, that such evidence is admissible. in that case ..... type-of evidence. ordinarily, the prosecution relies on the judicial evidence given by witnesses who depose in the court on oath. it is true that under the evidence act, a confession is relevant and admissible, and may, some times; be used to found a conviction on it. that can be done provided the court is fully ..... any inducement, threat or promise has been fully removed. in the instant case, we find it difficult to' say that the requirements of section 28 of the evidence act have been satisfied having regard to the following circumstances:(1) only four hours were given for reflection.(2) there is no admissible evidence to show where the accused .....
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