Gujarat Court November 1997 Judgments
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Petlad Bulakhidas Mills Co. Ltd. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Nov-14-1997
Reported in: [1999]97CompCas900(Guj); (1998)2GLR1065
Abichandani, J. 1. In these Revision Applications, the original complainant, i.e., Petlad Bulakhidas Mills Co. Ltd. has challenged the order passed by the learned Judicial Magistrate, First Class. Petlad on December 23, 1985 below applications exs. 5 and 7 in Criminal Case Nos. 1302 of 1984, 1303 of 1984, 1304 of 1984, 1305 of 1984 and 1306 of 1984, holding that the cases filed under Section 630(1) of the Companies Act, 1956 (hereinafter 'the Act') by the complainant were barred by limitation under the provisions of Section 468(2) Procedure, 1973 (hereinafter 'the Code') rejected the complaints. 2. According to the complainant, the respective Respondent No. 2 of these petitions were given the premises belonging to the company at the time when they were its employees, and though they were required to vacate the premises at the time of their superannuation on January 9, 1983, June 8, 1983, May 25, 1983 and May 24, 1983, respectively, they continued to occupy the premises unauthorisedly a...
Satishkumar Rameshchandra Ahir Vs. V.H. Shah and ors.
Court: Gujarat
Decided on: Nov-14-1997
Reported in: (1998)1GLR512
S.D. Pandit, J.1. Satishkumar Rameshchandra Ahir, a resident of Junagadh has filed the present petition to challenge the order passed by the Director of Municipalities, respondent No. 1 herein, on 3rd February, 1997 under Section 37 of the Gujarat Municipalities Act, 1963.2. The petitioner is a resident of Junagadh and he contested Municipal election of Junagadh Municipality held in 1994 as Congress (I) candidate. Then he became President of Junagadh Municipality and at that time Congress party was ruling the State of Gujarat. In March, 1995 B.J.P. formed Government in the State of Gujarat. It is the claim of the present petitioner that as he belongs to Congress (I) party and B.J.P. wanted to have the control over Junagadh Municipality, the State Government initiated proceedings against him. The proceedings against the petitioner was initiated under Essential Commodities Act, 1980 and he was detained by an order passed under Section 3(2) of the Prevention of Black-marketing and Mainten...
Kiritsinh Bhagvansinh Parmar Vs. State of Gujarat
Court: Gujarat
Decided on: Nov-13-1997
Reported in: 1998CriLJ2570; (1998)1GLR21
ORDERM.R. Calla, J.1. Petitioners herein were charge-sheeted and charges were framed against them under Sections 7, 12, 13(1)(D) and 13(2) of the Prevention of Corruption Act, 1988 (which will hereinafter be referred to as 'the Act'). While the case was at the stage of recording prosecution evidence, an application dated 2-9-97 was moved on behalf of the petitioners stating therein that the prosecution had not obtained the previous sanction for their prosecution and that they could not be prosecuted in absence of previous sanction and, therefore, they may be acquitted. This application Exh. 11 was decided by the Special Judge, City Civil Court No. 10, Ahmedabad by order dated 24-9-97, who has dismissed the application. Aggrieved from this order dated 24-9-97 passed by the Special Judge, City Civil Court No. 10, Ahmedabad in Special Case No. 25 of 1995 this Criminal Revision Application has been filed under Section 397 of Cr.P.C. read with Section 27 of the Act.2. Petitioners were servi...
Hirabhai Vashrambhai Desai Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Nov-13-1997
Reported in: (1998)1GLR53
S.D. Pandit, J.1. Shri Haribhai Vashrambhai Desai. promoter of Peplu Gopalak Vividh Karyakari Sahakan Mandali Lid has filed the present petition to challenge the order passed by the respondent No 2 granting registration for the respondent No. 4 co-operative society as well as the orders passed by the respondent No. 3 and respondent No. 1 who have rejected the Appeal and Revision Application preferred by the present petitioner against the order of the respondent No. 2, passed on 1-1-1997.2. The present petitioner had applied on 26-12-1995 to get a registration as a Vividh Karyakari Sahakan Mandali Ltd. for village Peplu under the provisions of the Gujarat Co-operative Societies Act. 1961. It seems that after that date, the respondent No. 4 had applied through its promoter Shri Ishwarbhai Pirabhai Desai for getting similar registration under Gujarat Co-operative Societies Act 1961. It is not quite clear from the material on record as to what is the exact date of the application given by ...
J.S. Baxi Vs. State of Gujarat
Court: Gujarat
Decided on: Nov-13-1997
Reported in: (1998)3GLR2176
S.K. Keshote, J.1. The Learned Counsel for the petitioner at the outset of the hearing stated that the petitioner has expired on 19th January, 1992. An application to bring on record his heirs and legal representatives has been submitted in the Court on 13th April, 1992 but that has not been placed on the Board so far. A copy of the said application has been produced for the perusal of This Court. It is really a sorry state of affairs prevailing in This Court that the civil application which has been filed in the year 1992 has not been scrutinised and placed on the Board for orders for all these years. However, the legal heirs mentioned in the said application are ordered to be brought on record of this Special Civil Application as heirs and legal representatives of the deceased petitioner. The office is directed to make necessary correction in the cause title of the Special Civil Application. As Shri Rana has put appearance for the impleaded petitioners, i.e., the heirs and legal repr...
Vadasama Seva Sahakari Mandi Ltd. Vs. Director, Agri. Marketing and Ru ...
Court: Gujarat
Decided on: Nov-11-1997
Reported in: AIR1998Guj108; (1998)2GLR1072
ORDERS.D. Pandit, J. 1. The petitioners are the Cooperative Societies registered under the Gujarat Co-operative Societies Act, 1961 (hereinafter referred to as the said Act). According to them they are registered under the said Act as Agriculture Credit Co-op. Societies and therefore, in view of the provisions of Rule 7 of the Gujarat Agricultural Produce Markets Rules, 1965, (hereinafter referred to as the said Rules), their names must be included in the voters' list for the purpose of election of the members of the managing committee of the Agriculture Produce Market Committee for Mehsana district. It is their claim that in the preliminary list of voters published under the provisions of Section 8(1), their names were not included. They have filed objections before the concerned authorities to include their names in the list of voters. It is their contention that once they are registered as the Agriculture Credit Co-operative Societies, it is not open for the authority under the Guja...
Bharatkumar Bhikkhabhai Joshi Vs. State of Gujarat
Court: Gujarat
Decided on: Nov-11-1997
Reported in: 1998CriLJ2654
M.R. Calla, J.1. This Appeal under Section 374 of Criminal Procedure Code, 1973 is directed against the judgment and order dated 25-10-1988 passed by the Addl. Sessions Judge, Ahmedabad (Rural), Mirzapur in Sessions Case No. 49 of 1988 whereby the appellant was convicted for an offence under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985, (which will hereinafter be referred to as 'the NDPS Act') and sentenced to 2 years R.I. and a fine of Rs. 5,000/- in case of default to deposit the fine, to further undergo 6 months R.I.2. The incident relates to 2-10-1987. In the evening at about 12.30 the P.S.I., Head Constable and Constable of Barviala Police Station noticed the appellant sitting on a stone on Bhavnagar-Barvala High way. The appellant having seen the police felt scared. The aforesaid police people caught hold of the appellant and found that he was having some substance in a red handkerchief, which was put in a polyethylene bag. The substance is alleged...
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