Gujarat Court March 2003 Judgments
G.P. Sinha, General Manager (South Asia) Vs. State of Gujarat
Court: Gujarat
Decided on: Mar-26-2003
Reported in: 2003CriLJ4538
D.P. Buch, J.1. The petitioner above named, has preferred this Criminal Misc. Application under section 482 of the Criminal Procedure Code, 1973 (for short, 'the Code') for quashing and setting aside Inquiry Case No.18/2000 filed in the court of the learned Judicial Magistrate First Class, Sanand and for quashing and setting aside M.Case No.15/2000 of Sanand Police Station and for quashing and setting aside the order on 29.5.2000 in Inquiry Case No.18/2000 passed by the learned Judicial Magistrate First Class at Sanand. It seems that the aforesaid Inquiry and M.Case was filed by the second respondent before the learned Judicial Magistrate First Class, Sanand. A copy of the said complaint has been placed at page 16, Annexure 'A' to the petition.2. According to the case of the contesting respondent in the said criminal case, the contesting respondent has been serving as General Manager in a Limited Company named in the complaint and the said company has been manufacturing clothes of diff...
Tag this Judgment!Mohammed Ali Pirbhai Dodhia Vs. State of Gujarat
Court: Gujarat
Decided on: Mar-25-2003
Reported in: (2003)3GLR2267
D.H. Waghela, J. 1. Rule. Learned Public Prosecutor, Mr. Arun D. Oza, waived service for the respondent-State.2. These applications for regular bail under Section 439 of the Code of Criminal Procedure are filed by the members of the Board of Directors and some of the persons in the management of the Bank on whose behalf the F.I.R. dated 23-10-2000 was filed and which was registered as C.R. No. I-64 of 2002 in D.C.B. Police Station, Surat City. That F.I.R. alleged against 18 persons named therein the offences punishable under Sections 408, 409, 420, 467, 471, read with Sections 34, 114 and 120B of the Indian Penal Code ('the I.P.C.' for short) and the relevant provisions of the Gujarat Co-operative Societies Act. Out of them, accused Nos. 17 and 18 have been released on bail by the Sessions Court as being Civil Engineer and Advocate, and that part of the order is under challenge in this Court. Accused Nos. 13 to 16 are borrowers, loans to whom led the complainant-Bank into such financia...
Tag this Judgment!Ratilal Govindji Nayak Vs. State of Gujarat
Court: Gujarat
Decided on: Mar-24-2003
Reported in: (2003)4GLR515
D.P. Buch, J.1. This is an appeal under section 374 of the Code of Criminal Procedure, 1973 (for short, 'Code') in order to challenge the judgment and conviction order dated 20.7.1987 in Special Case No. 2 of 1983 under which the learned Special Judge, Surat convicted the present appellant for offence punishable under section 5(2) of the Prevention of Corruption Act, 1947 and sentenced him to suffer R.I. for three months. The trial court also directed the appellant to pay fine of Rupees two hundred. In default of payment of fine, the appellant was directed to undergo further R.I. for 15 days. The appellant was also convicted for an offence punishable under section 161 of Indian Penal Code. However, no separate sentence was imposed on him for that offence.2. The facts of the case of the prosecution before the trial court may be briefly stated as follows:In September, 1981, the present appellant was functioning as Talati-cum-Mantri, Group Gram Panchayat in Palsana Taluka of Surat Distric...
Tag this Judgment!Urban Co-op. Credit Society Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Mar-21-2003
Reported in: II(2004)BC24; 2003CriLJ3292; (2003)3GLR2207
D.P. Buch, J. 1. The petitioner-original complainant in Criminal Case No. 1316 of 1999 before the learned Judicial Magistrate, First Class at Borsad in Kheda district, has preferred these two criminal revisions under Section 397 read with Section 401 of the Criminal Procedure Code, 1973 (for short, 'the Code'), in order to challenge a common and consolidated order recorded by the said Court on 27-4-2001 in the aforesaid criminal case below applications Exhs. 22 and 25 filed by different set of accused persons facing the said criminal case.2. Out of these two revisions, Criminal Revision Application No. 304 of 2001 has been filed against the said order passed by the said Court on an application of respondent No. 2 who was accused No. 5 in the said criminal case whereas Revision Application No. 305 of 2001 has been filed by the petitioner against the discharge of other accused persons who were facing the said criminal case before the said Court.3. The facts of the case of the present pet...
Tag this Judgment!Nutanbhai Chhaganbhai Bharwad Vs. District Collector and anr.
Court: Gujarat
Decided on: Mar-21-2003
Reported in: (2003)2GLR1699
K.R. Vyas, J.1. The petitioners, in these petitions, challenge the notice Annexure-A dated 5-3-2003 issued by the District Collector, Ahmedabad, the first respondent herein, under Section 38 read with Section 11 of the Gujarat Municipalities Act, 1963 ('the Act' for short). Both the petitioners have sought a writ of prohibition against the first respondent, in proceeding' with the application filed by the second respondents in both the petitions. According to the petitioners, the proceedings initiated by the first respondent is without competence, authority or jurisdiction and contrary to the provisions of law and also mala fide.Since, common question of law is involved in these matters, both the petitions are heard together and are disposed of by this common judgment.2. Having heard the matter at length, with the consent of the learned Counsel appearing for the parties, we have decided to dispose of both these matters finally. In view of this, we formally issue Rule in the matters. Le...
Tag this Judgment!Official Liquidator of Piramal Financial Services Ltd. Vs. Reserve Ban ...
Court: Gujarat
Decided on: Mar-21-2003
Reported in: [2004]118CompCas27(Guj)
K.M. Mehta, J.1. Report of the Official Liquidator : The official liquidator as liquidator of Piramal Financial Services Ltd. (hereinafter referred to as 'the company in liquidation or PFSL'), has filed this report with a prayer for directions of this court on the following question.'(a) Whether this court may permit the official liquidator to deseal the flats in question as requested by the flat owners ?'2. The facts giving rise to this petition as contained in the report of the official liquidator are as under :Piramal Financial Services Ltd. (the company in liquidation or PFSL), was a company incorporated on October 8, 1992. The Reserve Bank of India (hereinafter referred to as 'RBI') had issued a certificate under Section 45-I(f) of the Reserve Bank of India Act, 1934, that it was a non-banking financial company and it was bound by the directions issued by the RBI as amended from time to time.3. The RBI, a body corporate, established by the Reserve Bank of India Act, 1934 (hereinaf...
Tag this Judgment!Dy. Engineer Vs. Minor Kaliben Lalsinhbhai Bhora
Court: Gujarat
Decided on: Mar-21-2003
Reported in: II(2004)ACC98; AIR2004Guj5
D.K. Trivedi, J.1. Admit. Paper book and printing is dispensed with. Mr. R.N. Shah, learned advocate, waives service of notice of admission on behalf of the respondent. By consent of the learned counsel appearing in the matter the appeal is fixed for final hearing forthwith.2. The appellants, original defendants, office of the Gujarat Electricity Board, have filed this appeal challenging the order passed by the learned Third Joint Civil Judge (S.D.), Godhra, dated 24.7.2002 in Special Civil Suit No. 151 of 1999. Ms. Acharya, learned advocate for the appellant, has during hearing, taken us through the judgement under challenge. It is the contention of Ms. Acharya that the learned trial judge has committed error by decreeing the suit of the respondent plaintiff without considering the defence raised by the appellants and such decree passed by the learned trial judge has resulted in miscarriage of justice. She has contended that the finding recorded by the learned trial judge while decidi...
Tag this Judgment!O.L. of Piramal Financial Services Ltd. Vs. Reserve Bank of India
Court: Gujarat
Decided on: Mar-21-2003
Reported in: [2004]51SCL691(Guj)
K.M. Mehta, J.REPORT of THE OFFICIAL LIQUIDATOR:1. The Official Liquidator as Liquidator of M/s. Piramal Financial Services Limited (hereinafter referred to as 'the Company in liquidation or PFSL') has filed this report with a prayer for directions of this court on the following question.'(a) Whether this court may permit the Official Liquidator to deseal the flats in question as requested by the flat owners?2. The facts giving rise to this petition as contained in the report of the Official Liquidator are as under:2.1 M/s. Piramal Financial Services Limited (the company in liquidation or PFSL) was a Company incorporated on 8.10.1992. Reserve Bank of India (hereinafter referred to as 'R.B.I.') had issued a certificate under Section 45I(f) of the Reserve Bank of India Act, 1934 that it was a non-banking financial Company and it was bound by the directions issued by the R.B.I. as amended from time to time.2.2 R.B.I., a body Corporate, established by the Reserve Bank of India Act, 1934 (h...
Tag this Judgment!Commissioner of Income-tax Vs. Vijay Ship Breaking Corporation
Court: Gujarat
Decided on: Mar-20-2003
Reported in: [2003]261ITR113(Guj)
R.K. Abichandani, J. 1. This group of 32 matters has been arguedtogether having regard to the nature of controversy and the common questions of law involved, which are as under :I. Questions of law involved in these appeals :In Tax Appeal No. 273 of 2002 :(1) Whether the usance interest paid by the assessee apart from the purchase price of the ship would fall within the scope of the definition of the term 'interest' under Section 2(28A) of the Income-tax Act, 1961 ? (2) Whether the Appellate Tribunal was right in law and on facts in deleting the disallowance under Section 40(a)(i) of the Act for the failure on the part of the assessee to deduct tax at source from usance interest paid to a non-resident under Section 195(1) of the Act ? (3) Whether the Appellate Tribunal was right in law and on facts in holding that usance interest partakes of the character of purchase price and therefore not liable to deduction at source under Section 195(1) of the Act ? (4) Whether the Appellate Tribun...
Tag this Judgment!Kathadabhai Kidyabhai Vs. State of Gujarat
Court: Gujarat
Decided on: Mar-20-2003
Reported in: 2004CriLJ1983; (2003)2GLR1064
H.K. Rathod, J. 1. Rule. Learned A.P.P. Mr. N.D. Gohil appearing for the respondents has waived service of Rule on behalf of the respondents. 2. Present petition has been filed by the petitioner prisoner through jail wherein the petitioner prisoner Kathadabhai Kidyabhai has submitted that an application was made by him to the Superintendent, Central Prison, Baroda and request was made to release him on parole leave for a period of thirty days for house repairing. His application dated 18th November, 2002 has been rejected by the Additional District Magistrate, Baroda by order dated 30-1-2003. Said order dated 30-1-2003 passed by the Additional District Magistrate, Baroda has been challenged by the petitioner prisoner through jail on the ground that the said order has been passed by the Additional District Magistrate, Baroda only after taking into consideration the police opinion and the statements which were obtained by the police authority and without taking into consideration the jai...
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