Gujarat Court June 2003 Judgments
B.L. Maheria, Food Inspector Vs. Vallabhbhai Godabhai Patel
Court: Gujarat
Decided on: Jun-21-2003
Reported in: 2004CriLJ856
Jayant Patel, J.1. The short facts of the case are that a complaint was filed under Prevention of Food Adulteraion Act, 1954 (hereinafter referred to as 'the Act') by the appellant before the court of Ld. Metropolitan Magistrate, Ahmedabad which came to be registered as Criminal Case No. 555/88 and the said complaint was for adulteration of Ground Nut Oil since it was found that the sample did not meet with the requirement and the Iodine value was above the prescribed limit and did not meet with the temperature test and Halphen test was also positive. The Ld. Magistrate tried the complaint and while delivering the judgment the Ld. Magistrate framed three points for consideration, i.e. (i) whether it is proved that the sanction granted for prosecution is legal and valid, (ii) whether the procedure for taking sample and of sealing was legal and valid and (iii) whether the sample found from the accused is of adulterated quality and whether there is adulteration in the same. So far as poin...
Tag this Judgment!Sirhind Steel (P) Ltd. Vs. Commissioner of Income Tax
Court: Gujarat
Decided on: Jun-20-2003
Reported in: (2003)184CTR(Guj)312
M.S. Shah, J.28th Dec., 2001 1. In this reference at the instance of the Revenue, the following question has been referred for the opinion of this Court in respect of asst. yr. 1982-83 :'Whether, on the facts and circumstances of the case, the provisions of Section 40A(2) were applicable ?'2. The facts giving rise to this reference, briefly stated, are as under :2.1. The assessee is a private limited company engaged in the business of re-rolling steel into CTD bars as also the conversion work of PWD on job basis. Its directors R.R. Malhotra, A.R. Malhotra and Ravinder Malhotra, were carrying on business in partnership in the name and style of M/s Malhotra Steel Corporation. On 16th Oct. 1978, the assessee-company became a partner in that firm. Thereafter the firm was dissolved w.e.f. 30th June, 1980 and the business was taken over by the assessee-company. A dissolution deed was drawn on 1st Aug., 1980. Clause 6 of the deed of dissolution stated that the company was not in a position to...
Tag this Judgment!Oriental Insurance Co. Ltd. Vs. Manjulaben Jayantibhai Patel and ors.
Court: Gujarat
Decided on: Jun-20-2003
Reported in: II(2004)ACC214; 2004ACJ172; AIR2003Guj327; (2003)3GLR2018
M.S. Shah, J.1. Since, both these appeals as well as the civil applications involve common question of law about maintainability of the appeals filed by the Insurance Company under Section 173 read with Sections 149 and 170 of the Motor Vehicles Act, 1988, which preliminary contention is raised in the above-numbered civil applications, the appeals as well as the civil applications are heard together and are being decided by this common order.2. A motor vehicle accident took place on 9-6-1992 involving a tanker and a Maruti car resulting into the death of Jayantibhai, a passenger in the car, and injuries to Sanjay Ramanlal, driver of the car. The widow and minor children of Jayantibhai filed M.A.C.P. No. 911 of 1992 under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') claiming compensation to the tune of Rs. 50 lacs. Sanjay Ramanbhai - driver of the car filed M.A.C.P. No. 1055 of 1992 under the same provision claiming compensation of Rs. 3 lacs. Both ...
Tag this Judgment!Miyana Ismailbhai Noormohammed and ors. Vs. State of Gujarat
Court: Gujarat
Decided on: Jun-20-2003
Reported in: (2003)3GLR2049
J.R. Vora, J.1. This revision application is filed by the original accused of Sessions Case No. 39 of 2001 pending before the learned Fast Track Court Judge (learned Addl. Sessions Judge), Dhangadhra against an order passed by the said Court on 11-3-2003 rejecting (sic.) allowing an application of the prosecution Exh. 139 under Section 311 of Code of Criminal Procedure to examine additional witness Sattarbhai Adubhai. The applicants are facing trial for the offence punishable under Section 302 of Indian Penal Code.2. After the trial was almost over, an application at Exh. 139 came to be filed by the prosecution to examine witness Sattarbhai Adubhai alleged to be an eye-witness of an incident and not shown as witness in the charge-sheet nor his statement under Section 161 of Cr.P.C. came to be recorded by Investigating Officer. Application was objected by the defence and after hearing the parties, the trial Court came to the conclusion that the witness who is proposed to be examined is ...
Tag this Judgment!Vadodara District Co-opperative Milk Producers Union Ltd. Vs. P.B. Wag ...
Court: Gujarat
Decided on: Jun-20-2003
Reported in: (2004)1GLR337
K.A. Puj, J. 1. Special Civil Applications No.5592, 5676, 5682 and 5684 of 2003 are filed under Article 226 of the Constitution of India challenging the order passed by the learned Registrar, Board of Nominees, Vadodara below an application Exh.5 in Arbitration Suits No. 419, 430, 431 and 432 of 2003 respectively filed by the present respondent No.2 who are the original plaintiffs in the respective suits. The petitioner has prayed for the dismissal of the said Arbitration Suits pending before the learned Registrar, Board of Nominees, Vadodara as per Annexure 'A' and also prayed for quashing and setting aside the orders passed by the respondent No.1 as per Annexure 'B' dtd. 15.04.2003 / 22.04.2003 and extension thereof, in the respective petitions.2. Special Civil Applications No.7165, 7166 and 7176 of 2003 are filed by the petitioners, original plaintiffs in Arbitration Suits No. 432, 430 and 431 of 2003 respectively, challenging the order dtd. 20.05.2003 passed below an application Ex...
Tag this Judgment!Manu Premji Maradia Vs. C.G. Patel, Joint Registrar and anr.
Court: Gujarat
Decided on: Jun-19-2003
Reported in: (2003)3GLR1891
Miss R. M. Doshit, J.1. This writ petition arises from the claim made by the petitioner for retiral benefits calculated on the basis of the last pay drawn by him. The matter has been placed before us on a reference made by His Lordship Mr. Justice M. R. Calla on following issues :(I) Whether the Court can do any wrong to any party by giving the interim relief and then permitting the withdrawal of the case without adjudicating the basic dispute raised in the main case? (II) Whether in the service matters, the dispute in a case is raised about the date of birth by a party for continuance beyond a certain point of time and such employee continues on the basis of interim orders passed by Court in such case, and the case is ultimately got dismissed as withdrawn is such an employee entitled to the retiral benefits on the basis of the last pay drawn by him on the date on which he actually retired or he should get the retiral benefits on the basis of the last pay drawn by him on the date on wh...
Tag this Judgment!United India Insurance Co. Ltd. Vs. Chandulal Gokaldas Mehta (Decd.) T ...
Court: Gujarat
Decided on: Jun-19-2003
Reported in: 2004ACJ629; (2003)3GLR2386
J.N. Bhatt, Acting C.J.1. In both these appeals, common questions are involved and they arise out of common judgment and award. Upon joint request, they are being disposed of by this common judgment. 2. A claim petition came to be filed by the heirs and legal representatives, original-petitioners, appellants in First Appeal No. 241 of 1992, inter alia, contending that they lost their bread-winner in a road accident which occurred on 4-1-1988. The deceased was travelling on a scooter bearing No. GUJ-982 on National Highway No. 8 near Dabhan and was driving his scooter in slow speed on the correct side. At that time, original opponent No. 1, Shanabhai Prajapati, driving Matador-Tempo bearing No. GRW-2, came with excessive speed and dashed with the scooter on the wrong side, as a result of which deceased Yogesh Chandulal Mehta, sustained serious injuries and succumbed to the same during the course of treatment. Original opponent No. 1, Shanabhai was the driver, original-opponent No. 2, Is...
Tag this Judgment!Sona Co-operative Housing Society Ltd. Vs. Gujarat Electricity Board a ...
Court: Gujarat
Decided on: Jun-19-2003
Reported in: AIR2004Guj26; (2003)3GLR2234
Kundan Singh, J. 1. In all the aforesaid petitions, since the validity of Clause/Condition 2(j) of Conditions and Miscellaneous Charges for Supply of Electrical Energy (hereinafter referred to as 'the Conditions of Supply') has been challenged either directly or indirectly, hence, all these petitions are being disposed of by this common judgment.2. In Special Civil Application No. 9032 of 2002, it has been averred that Visnagar Co-operative Spinning Mills Ltd. went in liquidation and a final order of liquidation was passed. Pursuant to the order of liquidation, Liquidator was appointed and the Liquidator started exercising statutory powers conferred under Sections107 to 115 of the Co-operative Societies' Act, 1961. There were several creditors of Visnagar Co-operative Spinning Mills Ltd. whose dues were outstanding against the said Mills. There were also dues of workers running into crores of rupees against the said Mill. A petition being Special Civil Application No. 1178 of 1988 was ...
Tag this Judgment!Shreeji Mailing Service Vs. Govt. of India and ors.
Court: Gujarat
Decided on: Jun-19-2003
Reported in: AIR2003Guj332
ORDERJayant Patel, J.1. Rule. Ms. P.J. Davawala waives service of notice of rule on behalf of the respondents. With the consent of the parties, the matter is taken for final hearing today.2. The present petition arises against the order dated 27-3-2003 passed by Respondent No. 2, Sr. Superintendent of Post Office, City Division, Ahmedabad, whereby the licence of the petitioner for operating franking machine has been cancelled.3. I have heard Mr. Mehta, learned counsel for the petitioner and Ms. Davawala, learned counsel for the respondents.4. The contention raised on behalf of the petitioner is that there are grounds in the show-cause notice which have been properly explained by the petitioner. However, the 'respondent, at the time of passing the final order dated 27-3-2003, has based the decision on certain aspects and grounds which were not there in the show-cause notice and, therefore, Mr. Mehta submitted that the order would be vitiated as no opportunity of hearing has been given t...
Tag this Judgment!United India Insurance Co. Ltd. Vs. Chandulal Gokaldas Mehta (Deceased ...
Court: Gujarat
Decided on: Jun-19-2003
Reported in: III(2004)ACC260
J.N. Bhatt, Actg. C.J.1. In both these appeals common questions are involved and they arise out of common judgment and award. Upon joint request they are being disposed of by this common judgment.2. A claim petition came to be filed by the heirs and legal representatives original petitioners, appellants in First Appeal No. 241 of 1992, inter alia, contending, that they lost their breadwinner in a road Accident which occurred on 4.1.1988. The deceased was travelling on a scooter bearing No. GUJ 982 on National Highway No. 8 near Dabhan and was driving his scooter in slow speed on the correct side. At that time original opponent No. 1, Shanabhai Prajapati driving Matador tempo bearing No. GRW. 2 came with excessive speed and dashed with the scooter on the wrong side as a result of which deceased Yogesh Chandulal Mehta sustained serious injuries and succumbed to the same during the course of treatment. Original opponent No. 1, Shanabhai was the driver, original opponent No. 2, Ishwarbhai ...
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