Court : Gujarat
Decided on : Feb-06-1974
Reported in : 1975CriLJ661; (1974)GLR875
..... calls public safety, but the ultimate action which may be taken in pursuance thereof depends upon those who are actually charged with the maintenance of law and order. the government which issues them does not itself implement them. similarly, the commissioner of police who is the head of the police ..... direction.shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any persons lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, ..... provided in section 188 of the indian penal code. it provides as follows:whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession ..... such direction is likely to prevent, or tends to prevent, obstruction, annoyance or injury, or risk of obstruction, annoyance or injury to any person lawfully employed or danger to human life, health or safely, or a disturbance of the public tranquillity, or a riot, or an affray.sub-section (3 ..... in that decision that the court would not grant the discretionary remedy of mandamus simply to asist parties to a proposed marriage to circumvent personal laws valid in another country relating to status. the facts which led to the enunciation of the aforesaid principle were that a spinster of spanish .....Tag this Judgment!
Court : Gujarat
Decided on : Jan-23-1974
Reported in : 1975CriLJ1340; (1975)GLR304
..... vindictive attitude. but the state cannot take into account the attitude of the injured person or the management if the larger interests of the society or the larger interests of law and order demand that the prosecution against the workers should be withdrawn or that the public prosecutor should withdraw from the prosecution of the aforesaid persons. in the present case ..... would be no question of reforming the persons indulging in momentary violence on account of their distress (rather than reforming their tormentors). it is, therefore, necessary in the interest of law and order problem itself that offences which take place in peculiar circumstances are dealt with some understanding. these are the reasons why workers who resort to such momentary violence without ..... culled from the aforesaid two decisions of the supreme court. can it be said that the executive discretion exercised by the public prosecutor constitutes an abuse of the process of law? the answer is clearly no. if the public prosecutor had withdrawn the prosecution in order to shield some influential person by way of nepotism or favouritism or to protect someone ..... offences which are offences against the state go unpunished merely because the government as a matter of general policy or expediency unconnected with its duty to prosecute offenders under the law, directs the public prosecutor to withdraw from the prosecution and the public prosecutor merely does so at its behest.3. it is in the light of these principles that .....Tag this Judgment!
Court : Gujarat
Decided on : Dec-12-1974
Reported in : (1975)16GLR846
..... the entire record of the case which was before it. that is the least the court can do to ensure observance of the requirements of law by the detaining authority.relying upon these observations, the learned government pleader contended that we must see the record which is submitted by him ..... .the same view is thereafter taken in niranjansingh v. state of m.p. : 1scr691 .20. in view of this settled position of law, the contention of shri nanavati that the government is not bound to consider the representation of the detenu till the same is considered by the advisory ..... the state of west bengal : 1969crilj1446 , ramaswami, j., speaking for the court has in this connection observed as under:a person detained under a law of preventive detention has a right to obtain information as to the grounds of detention and has also the right to make a representation protesting against an ..... v. superintendent, central prison : air1954all315 that the high court has no concern with the proceedings of the advisory board and that the fact that law has provided an advisory board for advising on cases of preventive detention, does not mean that the right of the high court to grant a ..... given an 'earliest opportunity' of making a representation against the order of detention to the appropriate government. these are the two barest safeguards which the law contemplates in case of every detenu. the invocation of section 16a does not and cannot do away with any of these two safeguards, because, section 16a .....Tag this Judgment!
Court : Gujarat
Decided on : Feb-18-1974
Reported in : AIR1975Guj109
..... be worthwhile to refer to the case of ehimaji vasudev v. yeshvant changagouda, air 1929 bom 388 wherein it was observed as under:'to constitute an actionable obstruc tion of ancient light entitling a person to obtain mandatory injunction substantial privation rendering the occupation dis comfortable and not merely sensible obstruction is necessary,'in the case of p. c. e. paul ..... served by awarding suitable compensation to the plaintiff instead of granting mandatory injunction. as both these as pects were not considered by the courts below there is patent error of law and the decrees passed by them could not be sustained so far as it relates to the mandatory injunction directing the defendant to remove the wall at the portion marked ..... appellant conceded that he could not agitate in this court against the findings of fact recorded by the lower courts. however, he urged that both the courts had erred in law in granting a mandatory injunction merely on a finding that the plaintiff had acquired a right of easement to get light and air through the window marked 'r' in their ..... . kine's case (1907 ac 1) was an authoritative exposition of the decision in colls's case, (1904 ac 179) and it was established that the law as formulated by lord davey was the law laid down by that decision namely that the owner does not obtain by his easement a right to all the light he has enjoyed. he obtains a .....Tag this Judgment!