Gujarat Court January 1998 Judgments
In Re: Operations Research (India) Ltd.
Court: Gujarat
Decided on: Jan-23-1998
Reported in: [2000]101CompCas101(Guj)
Pandit, J. 1. This petition is filed by Operations Research (India) Ltd. in order to get sanction and approval for the scheme of amalgamation of the petitioner-company with MARG Marketing and Research Group (P.) Ltd. 2. The petitioner, transferor-company is registered under the Companies Act, 1956 (hereinafter 'the Act') and is having registered office at Rameshwar Estate, Subhanpura, Baroda - 390 007. The transferee-company MARG Marketing and Research Group (P.) Ltd. is also a company incorporated under the Act having its registered office at 30th floor Centre one, World Trade Centre Complex, Cuffe Parade, Bombay - 400 005. 3. The petitioner, transferor-company had earlier filed company application No. 162 of 1997 and as per the order passed in that application on 7th May, 1997, the petitioner was directed to convene and hold meetings of the shareholders for getting approval to the amalgamation scheme after issuing necessary advertisement and similarly to obtain approval of the secure...
Tag this Judgment!Ajit D. Padiwal and Etc. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jan-23-1998
Reported in: AIR1998Guj169; (1998)2GLR262
K. Sreedharan, C.J. 1. 'The Indian Express' daily, in its issue dated 29th January. 1995, published an article, 'Where law 'allows' felling of trees'. A cutting of that news item was forwarded to this Court by Advocate Shri Ajit D. Padival and requested this Court to treat it as a public interest litigation. A Division Bench of this Court treated it as Special Civil Application No. 616 of 1995 and issued Rule to the concerned parties. This Court also called for a report regarding the bamboos and trees existing in the forest by appointing Shri N.V. Anjaria, an Advocate of this Court, as Commissioner Advocate-Commissioner submitted his report dated 13-2-1995. After perusal of the report, this Court permitted respondent-Company to remove the bamboos, which have been cut and earmarked for it, on the Company paying the workmen the amounts due to them. Government was directed to file affidavit, indicating the census figures of the area, showing the number of trees as well as clumps of bamboo...
Tag this Judgment!Arvindkumar Chandulal Pathak Vs. Mahajan Kelavani Mandal and anr.
Court: Gujarat
Decided on: Jan-23-1998
Reported in: (1998)3GLR2224
M.R. Calla, J.1. This Review Application dated 27-3-1989 is directed against the order dated 17-4-1980 passed by This Court in Special Civil Application No. 1923 of 1979 and the facts of this case illumine litigious perseverance of the litigating party as petitioner. It is unfortunate that the original petitioner, viz., Arvindkumar Chandulal Pathak expired on 20-6-1994 during the pendency of this Misc. Civil Application (application for review of the order dated 17-4-1980). This Review Application is being pursued by his legal representatives.2. Said Shri Arvindkumar Chandulal Pathak was appointed as Head Master in the High School run by Mahajan Kelavani Mandal, Nandisar on probation for one year on 9-11-1970. An objection was raised by the District Education Officer against his appointment that he did not possess requisite experience to be appointed as Head Master and it was pointed out that school management would not get grant for the pay of the Head Master because the original peti...
Tag this Judgment!State of Gujarat Vs. Dipak Jaswantlal Sheth
Court: Gujarat
Decided on: Jan-23-1998
Reported in: 1999CriLJ162; (1998)3GLR2240
ORDERR. Balia, J.1. This is an application under Section 439(2) of the Criminal Procedure Code for cancellation of bail granted to the applicant by order dated 12-12-1997. The circumstance in which this application has been moved may be noticed in brief. The respondent is accused of having committed offence under Section 302 read with Section 34 and Section 114 as well as under Section 120-B of the Indian Penal Code being a party to criminal conspiracy to commit murder of one Ranjitsingh Parmar also known as Ranjit Singh Jam along with other accused persons which included respondent's father Jaswantlal Manilal Sheth in persuance of which said Ranjit Singh was murdered. As per the FIR, some dispute existed between accused Jaswantlal M. Sheth and his son Deepak on one side and deceased Ranjitsingh Jam on the other in respect of a land situated near MP Shah Arts and Science College, Surendranagar and suit is pending in Civil Court. The complainant a cousin of said Ranjit Sinn Parmar recei...
Tag this Judgment!Bharat Kumar Tribhovandas Vs. State of Gujarat
Court: Gujarat
Decided on: Jan-23-1998
Reported in: I(1998)DMC690
M.H. Kadri, J.1. By means of filing this appeal under Section 374(2) of the Code of Civil Procedure, 1973 ('Code' for short), the appellant has challenged the judgment and order dated April 6, 1995, rendered by the learned Additional Sessions Judge, Kheda, Camp at Anand, in Sessions Case No. 242 of 1992, whereby the appellant came to be convicted for the offences punishable under Sections 306, 498-A, and 323 of the Indian Penal Code and sentenced to undergo rigorous imprisonment of five years and fine of Rs. 500/-, in default R.I. for 15 days for the offence under Section 306; R.I. for two years and fine of Rs. 500/-, in default R.I. for 15 days for the offence under Section 498-A; and sentence for 15 days and fine of Rs. 100/-, in default R.I. for 7 days for the offence under Section 323 of the Indian Penal Code.2. Briefly stated, the prosecution case is that the appellant married Monaben (since deceased) on February 8,1985, As per the prosecution case, the appellant was treating the ...
Tag this Judgment!Dinubhai Revabhai Vankar Vs. President, Talod Nagar Panchayat
Court: Gujarat
Decided on: Jan-23-1998
Reported in: (1998)3GLR2193
S.K. Keshote, J.1. In both these matters identical facts and issues have been raised and as such the same are being decided by this common order. Notice has been issued to the respondents in these matters and reply to the Special Civil Applications has also been filed, but none is present to make oral submissions on behalf of the respondent. The respondent is Talod Nagar Palika, but it is unfortunate that it is unrepresented before This Court though it has engaged Advocate and paid fees.2. The facts of the case are taken from Special Civil Application No. 7920 of 1997. Petitioner was engaged as peon on daily wages by the respondent on 1-7-1992. The petitioner filed application under Section 33-C(2) of the Industrial Disputes Act, 1947 in the Labour Court at Himatnagar for the claim of permanency, continuity of service and regular pay-scale of the post. The respondent entered into compromise with the petitioners and in terms of the compromise the Labour Court passed order on 29th Novemb...
Tag this Judgment!Gujarat Dairy Development Corporation Limited Vs. Amrutbhai Mohanbhai ...
Court: Gujarat
Decided on: Jan-22-1998
Reported in: (1998)1GLR773
R. Balia, J.1. Rule. Heard learned counsel for the petitioner as well as the respondents. Two workmen of Abad Dairy, namely, Amrutbhai Mohanbhai Desai and Ishwarbhai Muljibhai Desai raised an industrial dispute with their employer that they have worked for more than 900 days for the dairy in a period of 5 years between 1.4.1982 and 1.4.1987 and in terms of award rendered in Reference No. 179 of 1975 of Industrial Tribunal, Ahmedabad, they are entitled to be made permanent. The employer resisted their demand inter alia on the ground that the said award was rendered in connection with the workmen employed in the Engineering Department of the Ahmedabad Municipal Corporation, whereas the Abad Dairy, though originally an establishment of Ahmedabad Municipal Corporation has since been separated and has an independent autonomous existence under the control of Gujarat Dairy Development Corporation, and that the award made in dispute between the Ahmedaad Municipal Corporation and its workmen is...
Tag this Judgment!Commissioner of Income-tax Vs. the Fatesinhji Ginning Pressing and Mfg ...
Court: Gujarat
Decided on: Jan-22-1998
Reported in: [1999]238ITR148(Guj)
ORDERBY THE COURT : 1. The Revenue has made these applications suggesting the following question common to all these matters and requesting for a direction on the Tribunal to forward statement of case under s. 256(2) of the IT Act. 'Whether the Tribunal is right in law and on facts in directing the AO to treat the assessee-company as an industrial company when the assessee was engaged in the business of ginning and processing of cotton ?' 2. A similar question had arisen in respect of the same assessee in IT Ref. No. 10 of 1979. A Division Bench of this Court, by its judgment and order dt. 4th March, 1986, decided the question in the affirmative and against the Revenue following an earlier decision of this Court in CIT vs . Lakhtar Cotton Press Co. (P) Ltd. : [1983]142ITR503(Guj) . In that decision, it was held that, where looses cotton in bulk quantity with lighter density was, as a result of pressing, converted into cotton bales and to that extent it underwent a change, the assessee-...
Tag this Judgment!Hirabhai Chhotabhai Patel and ors. Vs. Officer on Special Duty, Gidc a ...
Court: Gujarat
Decided on: Jan-20-1998
Reported in: AIR1998Guj114; (1998)1GLR673
C.K. Thakker, J.1. These three petitions arise under the Land Acquisition Act, 1894. Common questions of fact and law have been raised in all the petitions. It is, therefore, convenient to dispose of all the petitioners by a common judgment. While appreciating the controversy raised in the present group of petitions, relevant facts of first petition, namely, Special Civil Application No. 1961 of 1988 may now be considered.2. Special Civil Application No. 1961 of 1988 is filed by Hirabhai Chhotabhai Patel and ten others for an appropriate writ, direction or order quashing and setting aside order (Annexure B) passed by Special Land Acquisition Officer (Land Acquisition) No. 1, GIDC, Ahmedabad on September 30, 1987, being illegal, ultra vires and unlawful and by directing him to make reference to a competent Court in accordance with the provisions of Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'). The case of the petitioners was that their lands were s...
Tag this Judgment!K.C. Patel Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jan-20-1998
Reported in: (1998)3GLR1833
K. Sreedharan, C.J.1. The petitioner has approached This Court praying for issuance of a writ of mandamus or any other writ, order or direction quashing and setting aside the order dated July 16, 1997 (Annex. A) passed by the Collector, Mehsana, District Mehsana, assigning 302.40 sq.mts. of land of Survey No. 2249 of Patan City. He moved this application as a pro bono publico, as a public interest litigation.2. 302.40 sq.mtrs. of land belonging to City Survey No. 2249 of Revenue Survey No. 1030 paiki of village Patan, District Mehsana, is assigned to third respondent as per order at Annexure A passed by the Collector. According to the petitioner, the land is situated in prime situation of Patan City. There was some dispute in relation to this property between the Hazrat Pir Rahematullah and Kabrrastan Trust (hereinafter referred to as the Trust) on the one hand and the State Government on the other. The matter came to This Court in First Appeal No. 184 of 1978 and in Civil Application ...
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