Gujarat Court October 2005 Judgments
Mrs. Indumati Bansilal Shah and 3 ors. Vs. Anant Girdharlal Shah and a ...
Court: Gujarat
Decided on: Oct-28-2005
Reported in: (2006)2GLR1108
K.A. Puj, J.1. All these Cri. Misc. Applications are filed under Section 482 of the Code of Criminal Procedure invoking the inherent jurisdiction of this Court and praying for quashing and setting aside the Summons issued by the learned Judicial Magistrate First Class, Gandevi in Criminal Cases Nos. 185 to 190 of 2000 under Section 138 of the Negotiable Instruments Act. Since common issues are involved and arguments are commonly advanced by the learned advocate appearing for the petitioners and the learned Public Prosecutor appearing for the respondent No. 2 State in all these matters, the same are being disposed off by this common judgment.2. Cri. Misc. Application No. 9138 of 2005 is filed by the petitioners original Accused Nos. 4,5,9 & 10 in Criminal Case No. 185 of 2000 pending in the Court of Judicial Magistrate First Class, Gandevi. The said Criminal Case was filed by Shri Anant Girdharlal Shah under Section 138 of the Negotiable Instruments Act. Likewise, Cri. Misc. Application...
Tag this Judgment!Baroda Rayon Corporation Ltd. and anr. Vs. Union of India (Uoi) and 3 ...
Court: Gujarat
Decided on: Oct-27-2005
Reported in: 2006(199)ELT794(Guj)
D.A. Mehta, J.1. Heard Mr. S.N. Thakkar and Mr. Jitendra Malkan, appearing on behalf of the petitioners and respondents respectively.2. Rule. Mr. Malkan waives service of Rule. The petition is taken up for final hearing and disposal today as the controversy lies in a narrow compass.3. This petition primarily challenges order dated 8/7/2003 (Annexure-J) and order dated 8/10/2004 (Annexure-M) made by the Customs, Excise and Service Tax Appellate Tribunal(CESTAT), West Zonal Bench, Mumbai in the following circumstances.4. The petitioner, a Limited Company, claimed modvat credit in relation to various capital goods by filing a declaration under Rule 57Q of the Central Excise Rules, 1944 (the Rules) on 3/10/1994. Sometime in February, 1995 during course of audit, Superintendent of Central Excise conveyed to the the petitioner by communication dated 18/2/1995 that one of the declarations for modvat credit amounting to Rs. 72,900/- was in relation to an 'input' viz. copper chromate catalyst w...
Tag this Judgment!Vinesh Bhagwan Darianani Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Oct-27-2005
Reported in: 2006CriLJ2686; (2006)2GLR1085
K.A. Puj, J.1. Cri. Misc. Application No. 3045 of 2005 is filed by the petitioners - original accused praying for quashing and setting aside the proceedings of Criminal Case No. 4386 of 2004 pending before the learned Chief Judicial Magistrate, Vadodara.2. Cri. Misc. Application No. 11456 of 2005 is filed by the applicant, namely, Ritu Vinesh Darianani, original respondent No. 2 in Cri. Misc. Application No. 3045 of 2005 for vacating the interim relief granted by this Court on 01.04.2005 staying further proceedings of Criminal Case No. 4386 of 2004 pending in the Court of learned Chief Judicial Magistrate, Vadodara. 3. It is the case of the petitioners - original accused that they are not citizens of India and they have never resided in India and they are having citizenship of Spain for which they are holding necessary Passports. The petitioner No. 1 i.e. Vinesh Bhagwan Darianani had come to India along with petitioner No. 2, for the purpose of his marriage with the respondent No. 2. T...
Tag this Judgment!Mahendrakumar Manilal Patel and anr. Vs. Ramjibhai Dalsibhai Chaudhari ...
Court: Gujarat
Decided on: Oct-27-2005
Reported in: IV(2006)ACC432; 2006ACJ1941; (2006)1GLR637
Bhawani Singh, C.J.1. These Appeals and Cross Objections are directed against the Award of Motor Accident Claims Tribunal (Main), Panchmahals at Godhara, MACP No. 98 of 1984, dated 29.10.1988. First Appeal No. 468 of 1989 is by insured for setting aside the award, First Appeal No. 931 of 1989 is by State of Gujarat for setting aside the Award against it, while Cross Objections No. 90 of 2004 are by claimant for enhancement of Award. Therefore, they arise out of the same accident, same parties and common Award. Consequently, being disposed of by this judgment.2. Shortly stated, accident took place on 10.8.1983. Shri R.D.Chaudhari (claimant) was Police Sub Inspector at that time. Along with other police officials, he had gone to Godhara, Dahod, etc. on 9.8.1983 from Balasinor in connection with investigation of dacoity case registered at Balasinor Police Station vide C.R.No.59 of 1983. Rasulmiya Ahmadmiya (opponent-1) was driver of Jeep by which the police party was traveling. When they ...
Tag this Judgment!Baroda Rayon Corporation Ltd. Vs. Union of India (Uoi)
Court: Gujarat
Decided on: Oct-27-2005
Reported in: 2008[10]STR103
ORDERD.A. Mehta, J.1. Heard Mr. S.N. Thakkar and Mr. Jitendra Malkan, appearing on behalf of the petitioners and respondents respectively.2. Rule. Mr. Malkan waives service of Rule. The petition is taken up for final hearing and disposal today as the controversy lies in a narrow compass.3. This petition primarily challenges order dated 8-7-2003 (Annexure-J) and order dated 8-10-2004 (Annexure-M) made by the Customs, Excise and Service Tax Appellate Tribunal (CESTAT), West Zonal Bench, Mumbai in the following circumstances.4. The petitioner, a Limited Company, claimed Modvat credit in relation to various capital goods by filing a declaration under Rule 57Q of the Central Excise Rules, 1944 (the Rules) on 3-10-1994. Sometime in February,1995 during course of audit, Superintendent of Central Excise conveyed to the petitioner by communication dated 18-2-1995 that one of the declarations for Modvat credit amounting to Rs. 72,900/- was in relation to an 'input' viz. copper chromate catalyst ...
Tag this Judgment!Diamond Jubilee Bank Bachav Samiti Vs. State of Gujarat and 6 ors.
Court: Gujarat
Decided on: Oct-26-2005
Reported in: AIR2006Guj194
Akshay H. Mehta, J.1. This petition under Article 226 of the Constitution of India has been filed on behalf of the depositors of Diamond Jubilee Cooperative Bank Ltd., having its administrative office at Salabatpura, Main Road, Surat, [ hereinafter referred to as 'the Bank'] to safeguard their interest. This petition is, therefore, in the nature of public interest litigation.2. It is the grievance of the petitioner that on account of acts of malfeasance and misfeasance of Ex-Directors and Ex-Officers of the Bank in collusion and association with outsiders i.e. loanees/borrowers, the Bank has ultimately gone into liquidation jeopardizing the deposits of thousands of depositors. It is the say of the petitioner that respondents No. 1, 2 and 3 have completely failed to safeguard the interest of the depositors and now after liquidation, respondent No. 4 has failed to discharge its statutory obligation as provided under the provisions of the Deposit Insurance and Credit Guarantee Corporation...
Tag this Judgment!indravijaysinh Bhikhubha Gohil Vs. State of Gujarat and 3 ors.
Court: Gujarat
Decided on: Oct-26-2005
Reported in: (2006)1GLR849
K.S. Jhaveri, J.1. This petition is directed against the order passed by respondent No. 1 dated 8.4.2005 whereby the State of Gujarat cancelled the nomination of the petitioner as Member of the Executive Council of the respondent Bhavnagar University by the Vice-Chancellor from 7.11.2003 in exercise of power under section 18(1)(iii) of the Act read with Statutes framed under the Act.2. The short facts of the case as emerging from the petition are as under:2.1 The petitioner is a Lecturer/Reader of Gujarati in the respondent Bhavnagar University. He has been teaching Gujarati to Postgradaute students of the Department of Gujarati in Bhavnagar University since last 14 years.2.2 The petitioner was elected as a Member of the Court of Bhavnagar University constituted on 18.10.2003 from the constituency of the Teacher of University Department. There are two seats of teachers in the Executive Council of the University for this Constituency and there are some seats for undergraduate Teachers i...
Tag this Judgment!Palsana Fibers Pvt. Ltd. Vs. Union of India (Uoi)
Court: Gujarat
Decided on: Oct-26-2005
Reported in: 2006(199)ELT774(Guj)
D.A. Mehta, J.1. RULE. Mr. Y.N. Ravani, learned Standing Counsel, appears and waives service of rule on behalf of the respondents. With consent of the learned Advocates, the matter is taken up for hearing and final disposal.2. This petition challenges orders dated 2nd June, 2005 (Annexure-A) and 5th August, 2005 (Annexure-B) whereunder detention order and seizure order respectively have been made by respondent No. 3 qua the machineries specified in the schedule to the orders. The case of the petitioners, in nutshell, is that the machineries in question have been purchased from respondent No. 4 for a sum of Rs. 5,00,000/-. According to the petitioners, the machineries were initially purchased and owned by respondent No. 4 since calendar year 1998 and were used for the purposes of business of respondent No. 4. That the said machineries have been sold as scrap as per invoice appearing at Annexure-C by respondent No. 4 in favour of the petitioners. That, for no fault of the petitioners, th...
Tag this Judgment!Hindustan Times Ltd. Vs. Ashok Vyas
Court: Gujarat
Decided on: Oct-26-2005
Reported in: (2006)2GLR1213
C.K. Buch, J.1. This petition was listed for admission hearing. However, the parties have supplied detailed set of documents and since the litigation is pending since 1996, at the joint request of ld. Counsel appearing for the parties, this petition is disposed of finally at an admission stage.2. The petitioner Hindustan Times Ltd., invoking jurisdiction of this court under Articles 226/227 of the Constitution of India, has assailed legality and validity of the order passed by ld. 6th Addl. Senior Civil Judge & Judicial Magistrate, First Class, Gandhinagar below application Exh.75 in Regular Civil Suit No. 65/1996 and prayed for issuance of appropriate writ, direction or order for quashing and setting aside the said order dated 24.06.2005, being illegal, arbitrary and contrary to the settled legal position. It is further prayed that this Court should allow application exh.75 holding that the Civil Court or at least Civil Court at Gandhinagar has jurisdiction to hear and decide the suit...
Tag this Judgment!Jabir HussaIn Nasir Ahmed Boga and anr. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Oct-25-2005
Reported in: AIR2006Guj53; (2006)1GLR10
R.M. Doshit, J.1. The above referred Special Civil Applications Nos. 10139/2005 and 10140/2005 were referred to a Larger Bench by the Bench comprising Hon'ble Mr. Justice R.S.Garg and Hon'ble Mr. Justice Ravi R. Tripathi under order dated 30th June, 2005.2. The petitioners challenge the constitution of wards of Valsad Municipality under order dated 11th May, 2005 made by the Chief Election Commissioner, Gujarat State. The challenge is on various grounds stated in the writ petitions but mainly on the grounds that the constitution of wards has been made with ulterior motive, in violation of mandatory requirement of Section 7(2) of the Gujarat Municipalities Act, 1963 (hereinafter referred to as, the Act of 1963), and that certain dubious and non-existing blocks are included/interpolated in ward No.3 though the actual population in wards No.3 is less than a thousand.3. The writ petitions were contested by the Election Commission and the Government of Gujarat. A preliminary objection was r...
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