Gujarat Court January 2002 Judgments
inox India Ltd. Vs. I.D.B.i. Bank Ltd. and ors.
Court: Gujarat
Decided on: Jan-31-2002
Reported in: (2002)2GLR1265
Sharad D. Dave, J.1. With the consent of the learned Advocates, the matter is heard finally.2. The original plaintiff has filed this Appeal From Order under Section 104 and Order 43 Sub-clause (r) of the Civil Procedure Code against the order of 8th Jt. Civil Judge (S.D.), Baroda passed on 7-11-2001 on Exh. 5 dated 24-10-2001.3. The brief facts leading to the filing of this A.O. are as under :The appellant had tiled Special Civil Suit No. 906 of 2001 against the respondents in the Court of 8th Jt. Civil Judge (S.D.) at Baroda on 24-10-2001 for declaration and the injunction to the effect that the Certificate of Seaworthiness obtained by respondent No. 2 was fraudulent and for an injunction restraining the respondent No. 1 from making payment to the bankers of respondent No. 2. The respondent No. 1-I.D.B.I, Bank Ltd. against whom the injunction was sought had filed its reply Exh. 12 on 2-11-2001 in the Court. The respondent No. 1-Bank which had opened a Letter of Credit (L.C.) at the in...
Tag this Judgment!State of Gujarat and ors. Vs. Pravinchandra C. Khatiwala
Court: Gujarat
Decided on: Jan-31-2002
Reported in: AIR2002Guj374
Jayant Patel, J.1. The present Letters Patent Appeals are preferred by the State of Gujarat against the judgment dated 22-3-1996, passed by the learned single Judge of this Court in Special Civil Application Nos. 933 and 934 of 1988, whereby the learned single Judge has allowed both the said petitions.2. Short facts leading to the present appeals are as under.3. Original petitioners of the above Special Civil Applications (referred to hereinafter as 'the petitioners') are the contractors and they were granted Govt. Contract on the terms and conditions as agreed. One of the terms was Clause 20 B. Since we are not concerned with the other terms of the contract, the same are not dealt with here. It is the case of the State Government that since the price quoted of certain items were exceeding the prescribed price, overpayment of total Rs. 55,18,426-89 ps. was made so far as the petitioner of Special Civil Application No. 933/88 is concerned and overpayment of Rs. 30,10,163.23 ps. was made...
Tag this Judgment!Hemaben Wd/O Punjabhai Naranbhai Bhangi Vs. Divisional Director
Court: Gujarat
Decided on: Jan-31-2002
Reported in: (2002)4GLR3244
Sharad D. Dave, J. 1. This C.R.A. is preferred against the order of the M.A.C.T.(Aux.) Banaskantha at Palanpur on 2.2.98 rejecting the application for interim relief u/s 140 of the M.V.Act, 1988.2. The only question which arises for my consideration is 'whether the Motor Accident Claims Tribunal is right in allowing the application of No Fault Liability under Sec. 140 of the M.V.Act bearing no. 380/96 and disallowing the application bearing no. 381/96 arising out of the same accident under Sec. 140 of the M.V.Act ?3. It is the case of the applicants that one Punjabhai Naranbhai Bhangi aged about 42 years of village Parsing, Taluka Santalpur, District Banaskantha with his son Balabhai @ Jayantibhai Punjabhai Bhangi aged about 18 years was travelling in S.T.bus bearing no. GJ.1-Z.61 dashed with the truck bearing no. PB-10-9641 on 5.8.96 in the morning at about 7 O'clock on Santalpur Varahi highway near 1 km. from village Bamroli within the jurisdiction of Varahi police station. In the sa...
Tag this Judgment!ishwarbhai Alias Batukbhai L. Shah Vs. Bhanushali Hiralal Mohanlal Nan ...
Court: Gujarat
Decided on: Jan-30-2002
Reported in: AIR2002Guj328
H.M. Mehta, J.1. Heard Ms. B. R. Thakkar,learned advocate for the appellant and Mr. S. M. Shah, learned advocate for the respondent.2. The appellant, who is plaintiff in Special Civil Suit No. 80 of 2000 has by filing this appeal under Section 104 of the Civil Procedure Code read with Order 43, Rule 1 (r) of the Civil Procedure Code challenged the order dated 30th September, 2000 passed below application Exh. 5 by the learned 2nd Joint Civil Judge (S.D.), Jamnagar.3. This appeal is filed by the plaintiff, who filed an application Exh. 5 for interim injunction, pending the suit, bearing Special Civil Suit No. 80 of 2000. The learned advocate for the appellant has furnished a copy of the plaint. On going through the plaint, it appears that the plaintiff has prayed for a decree for specific performance of agreement to sell dated 14-1-2000 executed by the defendant and another relief available under the law on the basis of equity. The plaintiff has not prayed for any relief of decree of pe...
Tag this Judgment!Gsfc Vs. Mcm Hotels Pvt. Ltd.
Court: Gujarat
Decided on: Jan-30-2002
Reported in: AIR2002Guj287; (2002)4GLR2789
B.C. Patel, J.1. When we started dictating the judgment, Mr. Amar Dave, learned advocate insisted that the Court should accommodate his client so that the amount can be paid. It was known to the learned advocate that his client made a statement before the Court earlier that he shall bring draft of Rs. 1.5 crores. But he failed and thereafter the Court proceeded with the matter. After the hearing was concluded, the Court could not proceed with the judgment because the next two days were assigned for admission only. Yesterday the matter could not be taken up and today, learned advocate is requesting the Court that again the Court should adjourn the matter and should give some time and the Court should inquire from his party to find out his genuineness. The learned advocate should know that on several occasions in past, time was granted. The Committee granted permission to participate in the auction. But he has failed everywhere. In our opinion, when the Court is proceeding with the matte...
Tag this Judgment!Siddhpur Taluka Co-operative Purchase and Sales Union and ors. Vs. Sta ...
Court: Gujarat
Decided on: Jan-29-2002
Reported in: (2002)2GLR1357; (2002)2GLR422
D.M. Dharmaphikari, C.J. 1. In these three Petitions pertaining to election to Federal-cum-Specified Co-operative Societies of Siddhpur and Patan Talukas, a common question of law has been raised, and therefore, they are being decided by this Common Judgment.2. This would require examination of the scheme of the Gujarat Co-operative Societies Act, 1961 and the Rules framed thereunder (hereinafter referred to as 'the Act' and 'the Rules') as also the bye-laws of the two Taluka Societies Siddhpur and Patan, before us.3. Only few necessary facts are required to be stated at the outset. In the year 1997, the Revenue Department of the State of Gujarat bifurcated certain Districts and Talukas by creating new Districts and new Talukas. Under the aforesaid bifurcation, the State Government created a new District Patan carving out some villages from Mehsana District. The State Government also excluded some of the villages forming part of Siddhpur Revenue Taluka and included them in a newly form...
Tag this Judgment!Nilesh Bhogilal Dave Vs. Tikoo Traders Pvt. Ltd.
Court: Gujarat
Decided on: Jan-29-2002
Reported in: (2002)4GLR3184
J.N. Bhatt, J.1. The factual profile, the observations of the Labour Court and the remarks repeated in the impugned judgment, dated 27.6.2001, of the learned single Judge in Special Civil Application No. 4594 of 2001, and the entire landscape of facts and circumstances emerging from the record of the case with regard to the conduct, manner and mode in which the evidence is sought to be employed by the appellant herein-original petitioner-workman, have not only startled us but, unfortunately, have shattered and tremored our conscience.2. The appellant, invoking the aids of Clause 15 of the Letters Patent, in this appeal, has questioned the legality and validity of the judgment, dated 27.6.2001, of the learned single Judge, whereby, the award of the Labour Court in Reference (LCA) No. 220 of 1996 passed on 10.4.2001 rejecting the reference, and has, inter alia, reiterated what was placed before the Labour Court and what was repeated before the learned single Judge.3. The appellant-origin...
Tag this Judgment!In Re: Gujarat Lease Financing Ltd.
Court: Gujarat
Decided on: Jan-28-2002
Reported in: [2003]115CompCas136(Guj)
ORDERS 35. Accordingly, the scheme of compromise between the Gujarat Lease Financing Ltd. (the Company) and its debenture holders in series 'E' and 'F' at Annexurc 'C' to the petition is sanctioned and the following directions are issued:-- I.The company shall payits debenture holders in 'E' and 'F' series the following maturity amounts ason 8-8-2001:-(a) Cumulative debentures :Rs. 8,400 per debenture(b)Monthly Income debentures :Rs. 2,500 per debenture(c)Regular Return debentures :Rs. 1,860 per debentureII.Theaforesaid amounts shall be paid by the company to the debenture holders along withinterest for the six month period from 8-8-2001to 7-2-2002 at the rate of interest which has accrued on the amount/sdeposited by the company in the 'no lien account' with BNP Paribas pursuantto the Court's order dated 12-7-2001.III.The amount/s shall bepaid by the company to the debenture holdersby 28-2-2002.36. Now that the scheme of compromise and arrangement between the company and its debenture ...
Tag this Judgment!Varvabhai Nathabhai Rabari and ors. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jan-28-2002
Reported in: (2003)1GLR97
Jayant Patel, J.1. The present Letters Patent Appeal is directed against the judgment and order dated 6-11-2001 passed by the learned single Judge of this Court in Special Civil Application No. 7443 of 2001.2. The facts of the present case, in short, are as under :2.1 An inquiry was made under Section 44 of the Gujarat Agricultural Produce Markets Act, 1963 (hereinafter referred ;to as 'the Act') in respect of complaint against irregularities and corruption and as an outcome of such inquiry report the State Government, in exercise of powers under Section 46 of the Act, issued a notice to show cause as to why the Agricultural Produce Market Committee, Patan should not be superseded since as per the State Government, the Market Committee had made persistent defaults in performance of its duties and had abused its powers. The allegations made in the show-cause notice were that (i) though the Labour Court did not pass any order, the Market Committee, on its own, made its employees permanen...
Tag this Judgment!AshwIn Vanaspati Industries Vs. Commissioner of Income-tax
Court: Gujarat
Decided on: Jan-25-2002
Reported in: [2002]255ITR26(Guj)
D.A. Mehta, J.1. The applicant-assessee had proposed the following four questions of law under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') :'1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in invoking the provision of Explanation 3 to Section 43(1) of the Income-tax Act, 1961, in spite of the fact that the provisions were not invoked by the authorities below ?2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the provisions of Section 43(1), Explanation 3, of the Income-tax Act, 1961, were applicable to the facts of the case in spite of the fact that sufficient evidences like valuation report, dissolution deed, etc., in support of valuation of assets were before the Tribunal ?3. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that onus of establishing that the purpose of the transaction was to r...
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