Court : Gujarat
Reported in : (2004)3GLR502
..... 1) or (2) was to turn minority into majority, does not help the petitioners. the observations of the madras high court in v.g. row v. the state of madras, (air 1951 mad. 147) and of the supreme court in appeal there from [ air 1952 sc 196], in the context of the criminal law amendment act ..... issued by the government from time to time are not under challenge.7. this court has, while upholding the validity of the amendments enacted by the gujarat co-operative societies (amendment) act, 1981, in amreli dist. co-op. sale & purchase union (supra), considered and dealt with in detail the judgment of ..... bifurcation of the erstwhile state of bombay, the need was felt by the government of the new state of gujarat to consolidate and amend the law relating to co-operative societies in the state of gujarat and a purposeful attempt was made to systematically develop co-operative societies at different ..... supervise the co-operative movement for imparting the advantages of organized thrift, self-help and mutual aid. the bombay co-operative societies act, 1925, in its preamble, recited that it was enacted with a view to facilitate the formation and working of co-operative societies for promotion of thrift, ..... sections and women should be to effectuate socio-economic and political justice assured by the preamble, articles 38 and 46 of the constitution.'it is also held in the above judgment that:'.....the bye-laws prescribe the eligibility of the members who would be eligible to be nominated as members .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1988Guj141; (1988)1GLR452
..... to have at the time of divorce and to protect her interest. this is also further clear from the preamble of the act. further, the plain grammatical meaning of s. 3(1)(a) would be that the divorced woman is entitled to have a reasonable and fair provision and maintenance from her ..... is paid, that would take care of the requirements of divorced woman. the court after considering the privy council decisions and the bill which led to the amendment of the cr. p.c. held that the decisions of the supreme court in the cases of bai tahira v. ali hussain fidaalli chothia : 1979crilj151 ..... been divorced by, or have obtained divorce from, their husbands and to provide for matters connected therewith or incidental thereto.'from this preamble one thing is apparent that the act is enacted to protect the rights of muslim women who have been divorced by, or have obtained divorce from, their husbands. ..... the rights which a muslim divorced, woman is entitled to at the time ot divorce and to protect her interests.' 14. even the preamble of the muslim women act recites to the same effect.15. the parliament also codified that in addition to reasonable and fair provision and maintenance, the wife is entitled ..... magistrate, first class, under s. 125 of the criminal p. c. ordering the husband to ppy maintenance to the wife are nullif ied? (2) whether the muslim women act takes away the rights which are conferred upon the divorced women under the personal law as interpreted by the supreme court in the case of .....Tag this Judgment!
Court : Gujarat
Reported in : (1990)2GLR1103
..... article shall be deemed to confer on a high court powers of superintendence over any court or tribunal constituted by or under any law relating to the armed forces.' 44. during the period i.e. from february 1, 1977, which is the date on which 42nd amendment act, 1976 came into force, up till june 20, 1979, which is the date on which the 44th ..... amendment act, 1979 came into force restoring art. 227 to the position that stood before the 42nd amendment, it read as follows : '227. (1) every high court shall have superintendence over all courts subject to its appellate jurisdiction. (2) without prejudice to the generality of the foregoing provision ..... , the learned single judge of madras high court observed : 'courts which decide disputed rights between subjects or between a subject and the state would be civil courts as opposed to criminal courts where the state vindicates wrongs committed against the public. courts constituted for deciding on purely civil questions between persons seeking their civil rights must be considered to be civil ..... , wherein the learned single judge of mysore high court observed : 'the expression 'civil courts' has not been defined in any act or the code. the code of civil procedure in its preamble indicates that it is an act to consolidate and amend the laws relating to the courts of civil judicature in other words, the courts which have jurisdiction to deal with civil disputes and .....Tag this Judgment!
Court : Gujarat
Reported in : 1976CriLJ882; (1976)GLR201
..... by force of the provisions contained in sections 9 and 12 of the amended act and not under the law that was passed in 1950, as by repeal of section 12 of that act their detention under it technically terminated. the new law admittedly standing by itself does not authorize detention of any person beyond a ..... vires and were not invalid. vivian bose, j. delivered a dissenting judgment and he came to the conclusion that section 11 (1) of the amending act was ultra vires. mahajan j., who delivered the judgment on behalf of himself and s. r. das, j., has pointed out-technically speaking, an ..... jj. and since that point is decided against the petitioner and since the contentions of mr. daru on behalf of the petitioner are rejected, this special criminal application fails and is rejected and the rule is discharged with no order as to costs.10. before parting with the case we must point out that ..... , appoint, the central government appointed december 19, 1974 as the date for the commencement of this act and thus the cofeposa act came into force with effect from december 19, 1974. the preamble to the cofeposa act shows that it was enacted having regard to the persons by whom and the manner in which such ..... on july 2, 1971 provided for detention of a person if the detaining authority was satisfied that with a view to preventing him from acting in any manner prejudicial to (i) the defence of india, the relations of india with foreign powers, or the security of india, or (ii) the security of the .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1963Guj330; 1963CriLJ615; (1964)0GLR42
..... act'). in the preamble of this indian act it was stated that it was enacted as it was expedient to provide for the more convenient administration in british india of the extradition acts, 1870 and 1873, and of the fugitive offenders act, 1881, as also that it was expedient to amend the law relating to the extradition of criminals ..... foreign state and were found in british india. in other words, the territories of the world for the purposes of the indian act were divided into 3 categories (i) the territories of the treaty states, (2) the territories of any part of the british possessions, (3) the territories ..... countries in which the british crown exercised foreign jurisdiction. the procedure to be followed before surrendering such fugitive offenders was prescribed by part i and unless a prima facie case was made out they could not be extradited. on the other hand, the second category was that ..... question was dealt with by the supreme court in the appeal filed against the decision of the madras high court with certificate under article 132(1) of the constitution. at the hearing of this appeal, the union of india intervened. the learned solicitor-general appearing on behalf of ..... made by the petitioner, the petitioner was permitted to withdraw the same. the petitioner thereafter filed this petition on september 12, 1962. this petition was filed against (1) the union of india, (2) state of gujarat, (3) shri j. d. nagarwala, inspector general of police, state of gujarat, ahmedabad, (4) .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1975Guj39
..... special form of procedure prescribed, by or under any other law for the time being in force.' section 98 which corresponds to section 575 of the code of 1882 provides, and here we are setting out the section as it stood prior to its amendment by the repealing and amending act 18 of 1928.'98. (1) where an appeal is heard by a bench of ..... code of 1959 applied to mofussil courts only and not to the supreme courts which were established by a royal charter. vide the preamble and section 382 of the code of 1859, section 23 of act 23 of 1861 which amended the code of 1850 prescribed the procedure is be followed where judges hearing an appeal in the sudder court, that is an ..... powers and authority for, and in relation to the administration law justice in the presidency for which it is established, as her majesty may by such letters patent as ..... was enacted by the british parliament. section 1 of this act empowered her majesty, by letters patent to erect and establish high courts of judicature at fort william in bengal, madras, and bombay and section 9 provided that'each of the high courts to be established under this act shall have and exercise all such civil, criminal ......jurisdiction, original and appellate and all such .....Tag this Judgment!
Court : Gujarat
Reported in : (1974)15GLR474
..... page j., and with a view to leave no scope for doubts or debate, introduced sub-section (3) in section 98 by the repealing and amendment act 18 of 1928. since then the calcutta high court has taken the view that the procedure in case of difference of opinion in appeals from subordinate courts ..... in regard to this question, it has been completely laid at rest by the introduction of sub-section (3) in section 98 by the repealing and amendment act 18 of 1928. that subsection reads as follows:98. (3) nothing in this section shall be deemed to alter or otherwise affect any provision of the ..... , by or under any other law for the time being in force.section 98 which corresponds to section 575 of the code of 1882 provides, and here we are setting out the section as it stood prior to its amendment by the repealing and amending act 18 of 1928:98. (1) where an appeal is heard ..... may by such letters patent as aforesaid, grant, and direct subject, however, to such directions and limitations as to the exercise of original civil and criminal jurisdiction beyond the limits of presidency towns as may be prescribed thereby; and save as by such letters patent may be otherwise directed, and subject and without ..... mofussil courts only and not to the supreme courts which were established by a royal charter. vide the preamble and section 382 of the code of 1859. section 23 of act 23 of 1861 which amended the code of 1859 prescribed the procedure to be followed where judges hearing an appeal in the sudder court .....Tag this Judgment!
Court : Gujarat
Reported in : (1992)2GLR1377
..... sc 1592, wherein at para 9 it has been observed as under:9. the factories act, as the preamble reeities, is an act to consolidate and amend the law regulating labour in factories. the act is enacted primarily with the object of protecting workers employed in factories against industrial and occupational ..... death of one ibrahimbhai ismailbhai and that the same were consolidated together and were fixed for hearing as per the 'rojkam' proceedings of criminal case no. 437 of 1988. mr. trivedi after reading the 'rojkam' proceedings further submitted that right from the date complaints came to ..... be controlled by maintaining confidential register of the complainants of the following lines:factory inspector's confidential register(1) name of the factory inspector(2) name of the court(3) criminal case no. _ of 19(4) date, time and place of the offence.(5) date, time ..... 61 (1)(c)(i), 61(1)(d), 61(1)(6), 111 and 103(2) of the gujarat factories rules, 1963 (for short 'rules') punishable under section 92 of the factories act, 1948 (for short 'act'). on the basis of these facts, factory inspector mr. c.m. bhatia filed five criminal complaints before ..... the learned j.m.f.c, viramgam, which ultimately came to the registered as criminal .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1962Guj21; (1961)GLR635; (1961)0GLR165
..... from hanging to a fine, or in a binding over to keep the peace, release upon probation, or other outcome known to belong distinctively to criminal law.'it is true that if an injunction is granted in a civil proceeding, and it is disobeyed, the person disobeying the order may be imprisoned. ..... far as possible by the provisions' of the code of civil procedure, being an act passed by the governor general in council, and being act no. viii of 1859, and the provisions of any law which has been made amending or altering the same by competent legislative authority for india.' the high court has ..... appointed under section 38 and vacancies occurring in any other committee, and provides for the procedure to be followed in filling up such vacancies. the act does contem-' plate resignation and other types of vacancies even in regard to the membership of committees of the municipality. in any case, it is ..... application. in respect of every main relief sought or claim made therefore there must be a separate application. section 13 of the bombay general clauses act does not apply to rules framed by the bombay high court under the rule making powers under article 225 of the constitution or article 37 ..... 1, c.p. code, applies to writ petitions filed in the high court. to decide this point, it is necessary to consider first whether a high court when dealing with writ petitions is a court of civil judicature, because the preamble to c. p. code provides that the c. p. code consolidates and amends the law .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1970Guj157; 1970CriLJ1090; (1970)0GLR781
..... took charge of that post. therefore, in the submission of mr. shethna unless and until there was a fresh notification issued by the state government under section 6 of the criminal law amendment act, 1952, the powers of special judge were lost to mr. dave and he has no jurisdiction to take cognizance of the offence in the case submitted to him. lastly, mr ..... judge and additional sessions judge, ahmedabad (rural) at naol, to be a special judge for the district of ahmedabad (rural) to try the offnces specified in section 6 of the criminal law amendment act, 1952, by notification dated june 30, 1966. then by notification dated may 13, 1968, mr. d. j. dava was appointed by government to officiate as chief magistrate for the city ..... . appln. no. 95 of 1969 was submitted by the police on october 28, 1968. thereafter on november 22, 1968, the government section 6(1) of the criminal law amendment act 1952, in supersession of the previous notification dated june 20, 1966. by this notification mr. d. j. dave, assistant judge and additional sessions judge, ahmedabad (rural) at narol was appointed ..... the special judge of that area 'in the absence of a fresh appointment in accordance with the provisions of section 6 of the criminal law amendment act, 1952'. another contention was also taken in this application which raises a common question of law in both these revision applications before us. that contention was that the anti-corruption branch of the state government having been made .....Tag this Judgment!