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Feb 18 2005

Poly Fill Sacks Vs. Union of India (Uoi)

Court : Gujarat

Decided on : Feb-18-2005

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 35B(1), 35C, 35C(1) and 35C(2A); Constitution of India - Article 226

Reported in : 2005(101)ECC653; 2005(183)ELT344(Guj)

Advocate for Respondent : Jitendra Malkan, Adv. for Respondent No. 1

D.A. Mehta, J.1. RULE. Mr. Jitendra Malkan, learned Senior Standing Counsel, waives service of rule on behalf of respondent Nos. 1, 2 and 3. By consent of the respective parties, for the reasons that follow hereinafter,...

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Jul 18 2005

Casil Health Products Limited

Court : Gujarat

Decided on : Jul-18-2005

Subject : Company

Acts : Companies Act, 1956 - Sections 80(5A), 97, 391 and 394; Stamp Act

Reported in : [2005]62SCL393(Guj)

Advocate for Respondent : Jitendra Malkan, Adv. for Respondent No. 1

K.A. Puj, J.1. These are the petitions filed by three petitioner Companies for sanction of a Scheme of arrangement consisting of Slump Sale of two of the divisions of Casil Health Products Limited (CHPL) to Biosulin...

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Jun 24 2004

Patel Vishnubhai Shivrambhai Vs. State of Gujarat

Court : Gujarat

Decided on : Jun-24-2004

Subject : CriminalConstitution

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 439; Constitution of India - Article 21

Reported in : (2004)3GLR2195

Advocate for Respondent : P.R. Abichandani, A.P.P. for Respondent No. 1 in Misc. Criminal Application No. 9785 of 2003 and J.M. Malkan, Adv.

B.J. Shethna, J.1. On 18-12-2003 this Court had allowed present Misc. Criminal Application No. 9580 of 2003 and released all the applicants-accused on certain terms and conditions. The order dated 18-12-2003 reads as under :Misc. Criminal...

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Apr 07 2005

Bhavnagar District Co-op. Bank Ltd. Vs. Union of India (Uoi)

Court : Gujarat

Decided on : Apr-07-2005

Subject : Customs

Acts : Customs Act, 1962 - Sections 2(26), 12, 14, 15, 23, 23(2), 46, 47, 60, 108, 110(1), 111, 112 and 148; The Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 17; Customs Rules; Customs Regulations; Code of Civil Procedure (CPC) , 1908 - Order 21, Rules 41(1), 41(2) and 54; Constitution of India - Articles 226 and 227; Central Excise Act, 1944

Reported in : (2005)2GLR1412

Advocate for Respondent : Jitendra Malkan, Adv. for Respondent Nos. 1-2 in Special Civil Application No. 4433 of 2004,; P.J. Kanaba

D.A. Mehta, J.1. It is necessary to take note of the fact that Special Civil Application Nos.11935 of 2003, 1188 of 2004 and 1234 of 2004 had been originally circulated before the learned Single Judge as...

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Feb 09 2005

Gajaji Gopalji Jadeja Vs. State of Gujarat

Court : Gujarat

Decided on : Feb-09-2005

Subject : Service

Acts : Bombay Home Guards Act, 1947 - Sections 2, 2(1), 3, 4 and 8; Bombay Home Guards Rules, 1953 - Rule 3, 4, 6 and 16; Constitution of India - Articles 12, 14, 16, 21, 32, 38, 39, 39A(2), 41, 42, 43, 46, 48A and 226; Home Guards Act; West Bengal Home Guards Act; Industrial Disputes Act, 1947

Reported in : (2005)2GLR1142

Advocate for Respondent : Kamal Trivedi, Ld. Additional Adv. General and; Sangeeta Vishen, AGP for Respondent Nos. 1-2 and;

K.M. Mehta, J.1. The petitioners - 610 in number, formally appointed by the Gujarat State under the Bombay Home Guards Act, 1947 and the Bombay Home Guards Rules, 1953, but really forming a special wing, known...

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Sep 13 2005

Gujarat Toll Road Investment Company Limited Vs. Blank Name

Court : Gujarat

Decided on : Sep-13-2005

Subject : Company

Acts : Companies Act - Sections 391 and 394; Bombay Stamp Act

Reported in : [2008]85SCL226(Guj)

Advocate for Respondent : Malkan, Standing Counsel for Central Government

Jayant Patel, J.1. The present petition is preferred for sanctioning the Scheme of compromise/arrangement and it is further prayed to declare the same to be binding on the petitioner Company and existing lenders of erstwhile Vadodara-Halol...

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Nov 25 2005

Lalbhai Trading Company Through B.K. Bhatt and 3 ors. Vs. Union of Ind ...

Court : Gujarat

Decided on : Nov-25-2005

Subject : Customs

Acts : Customs Act, 1962 - Sections 18, 128, 129A, 129A(1) and 142; Town Police Clauses Act, 1847; Administrative Tribunals Act, 1985; Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976; Central Excise Act, 1944 - Sections 35 and 35B; Indian Contract Act, 1872 - Sections 124, 125, 126, 128, 133 to 139, 141 and 147; Evidence Act, 1872 - Sections 68; Code of Civil Procedure (CPC) - Sections 22(3), 96 and 100 - Order 47, Rule 1; Constitution of India - Articles 14, 19(1), 226 and 300A; Customs (Provisional Duty Assessment) Regulations, 1963 - Rules 2 and 3; Bombay Cinema Rules, 1954

Reported in : (2006)1GLR497

Advocate for Respondent : Jitendra Malkan, Adv. for Respondent 1

D.A. Mehta, J.1. This petition primarily challenges the order in appeal made by the Commissioner of Customs (Appeals) on 6/6/2005 (Annexure-A) under Article 226 of the Constitution of India. The petitioner has prayed for the following...

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Oct 11 2005

Essar Steel Ltd. and ors. Vs. Union of India (Uoi), Through Secretary ...

Court : Gujarat

Decided on : Oct-11-2005

Subject : CivilContract

Acts : Companies Act, 1956 - Sections 617 and 619; Oil and Natural Gas Corporation Act, 1958; Essential Commodities Act - Sections 3; Rent Act; Contract Labour (Regulation and Abolition) Act, 1970; Sale of Goods Act, 1930 - Sections 2(10), 5, 10, 14, 15, 19, 31 and 32; Evidence Act, 1872 - Sections 91, 93 and 114; Contract Act; Industrial Disputes Act; Gujarat Gas (Regulation of Transmission, supply and Distribution) Act, 2001; Constitution of India - Articles 5A, 5B, 10, 12, 13, 14, 15, 32, 226 and 298

Reported in : 2004(176)ELT64(Guj); (2006)1GLR436

Advocate for Respondent : Jitendra Malkan, Assistant Solicitor General and; Vasavadatta Bhatt, Adv. for Respondent No. 1,;

K.S. Jhaveri, J.1. While dealing with the diverse contentions raised by the parties in the petition, the consequential issues which arose for consideration of this Court are (i) whether a government monopolistic company established with the...

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Dec 12 2007

D.L. Sharma Vs. D.S. Shukla, and or His Succesor in Office and anr.

Court : Gujarat

Decided on : Dec-12-2007

Subject : Service

Acts : Central Industrial Security Force Rules, 1969 - Rules 31, 34, 34(1), 34(9), 34(10) and 49A; Constitution of India - Article 226; Punjab National Bank Employees (Disciplinary Appeal) Rules, 1977 - Rule 7 and 7(2); Punjab National Bank Officers Employees' (Discipline and Appeal) Regulations, 1977 - Regulations 6 and 7(2); State Bank of India (Supervising Staff) Services Rules - Rule 50(3)

Reported in : 2008GLH(1)310; (2008)2GLR1064

Advocate for Respondent : Purvish J. Malkan, Adv. for Respondent 1

S.R. Brahmbhatt, J.1. The petitioner under Article 226 of the Constitution of India has challenged the impugned orders dated 29.09.1999 passed by the Commandant, CISF Unit, ONGC, Mumbai, order dated 13.07.2000 passed by the Deputy Inspector...

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Sep 09 2009

Balaji Coke Industry Pvt. Ltd. Vs. Maa Bhagwati Coke (Guj) Pvt. Ltd.

Court : Supreme Court of India

Decided on : Sep-09-2009

Subject : ArbitrationContract

Acts : Companies Act; Arbitration and Conciliation Act, 1996 - Sections 9; Contract Act, 1872 - Sections 28; Code of Civil Procedure (CPC) - Sections 16, 20 and 25; Supreme Court Rules; Constitution of India - Article 139A(2)

Reported in : 2009(4)AWC4091(SC); JT2009(12)SC250; 2010(2)MhLJ145(SC); 2009(II)OLR(SC)845; 2009(12)SCALE343; (2009)9SCC403:2009AIRSCW5751:2009(5)LHSC3221

Advocate for Respondent : Jitendra Malkan, ; Syed Ahmad Saud, ; Shakil Ahmed Syed

Altamas Kabir, J.1. This Transfer Petition under Article 139A(2) of the Constitution of India read with the relevant provisions of the Supreme Court Rules and Section 25 of the Code of Civil Procedure has been filed...

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