Gujarat Court April 2005 Judgments
Manjibhai Valjibhai Gamecha Vaghari Vs. State of Gujarat
Court: Gujarat
Decided on: Apr-21-2005
Reported in: (2005)3GLR1931
Anant S. Dave, J.1. This appeal under Section 378 of the Code of Criminal Procedure is filed by the convict-appellant against the judgment and order dated 6th June 2000 passed by the learned Sessions Judge, Surendranagar, in Sessions Case No. 47 of 1999, convicting the appellant [original accused] of the offence punishable under Sections 363, 376, and 392 of the Indian Penal Code, and sentencing to undergo R.I. for ten years and fine of Rs. 3000, in default, S.I. for six months for offence punishable under Section 376 of the Indian Penal Code, R.I. for five years and fine of Rs. 1000, in default, S.I. for two months for offence punishable under Section 363 of the Indian Penal Code, R.I. for five years and fine of Rs. 1000, in default, S.I. for two months for offence punishable under Section 392 of the Indian Penal Code. All the sentences are ordered in run concurrently.2. It is the case of the prosecution that the complainant, Dahyaben, wife of Bhikhubhai Takubhai Rajgor-Mehta, was res...
Tag this Judgment!State of Gujarat Vs. Bhikhabhai Dhulabhai Parmar
Court: Gujarat
Decided on: Apr-21-2005
Reported in: (2005)3GLR1969
Anant S. Dave, J.1. Appellant, the State of Gujarat, has preferred this appeal under Section 378 of the Code of Criminal Procedure against the order of acquittal dated 30th June 1986 passed by the learned Additional Sessions Judge, Vadodara, in Sessions Case No. 72 of 1986, acquitting the respondent [original accused] of the offence punishable under Section 302 of the Indian Penal Code.2. It is the case of the prosecution that on 12th January 1986, in the late night, at around 2.30 a.m., the respondent-accused had strangulated his wife, Manjulaben, and committed offence punishable under Section 302 of the Indian Penal Code. The wife of the accused was done to death by strangulating her throat. Initially, a complaint Exh.14 was given by P.W.1, Dhulabhai Chaturbhai, the father of the accused, at Pandu Police Station, which was registered as an accidental death being Entry No. 1 of 1986. Thereafter, PSI, Panchani, of Pandu Pooice Station had visited the place of incident at Dhantej villag...
Tag this Judgment!R.K. Popat Vs. State of Gujarat
Court: Gujarat
Decided on: Apr-21-2005
Reported in: (2005)2GLR1669
P.B. Majmudar, J.1. By filing this petition under Article 226 of the Constitution of India, the petitioner has challenged the order of compulsory retirement dated 24.03.95 passed by the Disciplinary Authority, a copy of which is at Annexure 'E' to the petition.2. The petitioner was originally recruited on 27.5.1968 as Sales Tax Officer Class II. He was promoted as Sales Tax Officer Class-I, and was thereafter further promoted as Assistant Sales Tax Commissioner. The petitioner was subjected to Charge Sheet in connection with various irregularities alleged to have been committed by him while serving as Sales Tax Officer Class-I and Assistant Sales Tax Commissioner. The charges alleged against the petitioner were of serious nature. An inquiry officer was appointed and a regular departmental inquiry was initiated against the petitioner in connection with the allegations levelled against him.2.1 In the charge sheet, it was alleged against the petitioner that the petitioner, without proper ...
Tag this Judgment!Plachem Industries Vs. Premo Leasing and Finance P. Ltd.
Court: Gujarat
Decided on: Apr-20-2005
Reported in: [2005]62SCL160(Guj)
K.A. Puj, J.1. The petitioner viz. Plachem Industries has filed this petition under Sections 433 and 434 of the Companies Act, 1956 for winding up of the respondent Company on the ground that the respondent - Company has failed to make the payment of Rs. 4,93,000/- to the petitioner.2. It is the case of the petitioner that the respondent Company required loan on short term basis for an amount of Rs. 5 lacs and hence the request was made to the petitioner. The petitioner accordingly advanced a sum of Rs. 5 lacs in the form of three cheques on 7.11.1994, 12.11.1994 and 19.11.1994 for an amount of Rs. 3 lacs, Rs. 1 lac and Rs. 1 lac respectively. The respondent Company, towards part payment of the said liability has issued cheque of Rs. 2,50,000/- on 5.12.1994 and the balance amount of Rs. 2,50,000/- alongwith the interest has not been paid by the respondent - Company to the petitioner despite repeated requests, the respondent Company has failed to make said payment either under one or an...
Tag this Judgment!Varshaben Mahendrakumar Sachaniya Vs. Rahimbhai Jilmahmadbhai Dheba
Court: Gujarat
Decided on: Apr-20-2005
Reported in: IV(2005)ACC561; [2006(108)FLR98]
B.J. Shethna, J.1. Opponent No. 1 - Rahimbhai Jilmahmadbhai Dheba, workman filed Workmen Compensation (non-fatal) Application No. 56 of 2000 before the Court of Workmen Compensation Commissioner, claiming compensation worth Rs. 3 lacs for the injuries received by him during accident while on duty. Learned Commissioner by his impugned Judgment and order dated 23.3.2004 allowed the application and ordered opponent No. 2 National Insurance Co. Ltd. to pay Rs. 3,12,350/- to the workman. However, the learned Commissioner ordered the present appellant Varshaben Mahendrakumar Sachaniya - owner - original opponent No. 2, to pay interest at the rate of 9 % p.a. on the said amount and also to pay penalty at the rate of 25 per cent.2. This Appeal is preferred by the appellant - original opponent No. 2 Varshaben only on the point of interest on the amount awarded by the learned commissioner. 3. It was submitted by learned Counsel Shri Soni for the appellant that learned Commissioner wrongly relied...
Tag this Judgment!Mafatlal Industries Ltd. Vs. S.A. Chemicals
Court: Gujarat
Decided on: Apr-20-2005
Reported in: [2005]127CompCas711(Guj); (2005)6CompLJ293(Guj); [2005]62SCL97(Guj)
K.A. Puj, J.1. Company Application No. 139 of 2000 is filed by Mafatlal Industries Ltd. praying for the dismissal and/or suspension of Company Petition No. 259 of 1999 in view of the provisions contained in Section 22(1) of the Sick Industrial Companies (Special provisions) Act, 1985 (SICA) and for termination and/or suspension of the order passed by this Court in Company Application No. 355 of 1999, as extended from time to time.2. All the remaining three applications are filed by the same applicant, namely, Mafatlal Industries Limited for seeking an order from this Court that the respective Company Petitions, namely, Company Petition Nos. 263 of 2000, 43 of 2000 and 259 of 1999 filed by the different petitioning Creditors against the applicant Company have stood withdrawn and all the interim orders passed therein have stood vacated on and from 30.10.2002 being the date of sanction of the Scheme for rehabilitation of the applicant Company in Case No. 104 of 2000 by Board for Industria...
Tag this Judgment!Meghmani Organics Ltd. Vs. Government of Gujarat
Court: Gujarat
Decided on: Apr-20-2005
Reported in: AIR2005Guj319
D.H. Waghela, J.1. By this petition under Article 226 of the Constitution, the petitioner Company has prayed for a declaration to the effect that the action of respondent No. 1-Government of Gujarat, Central Medical Stores Organization ('CMSO' for short) of considering the bid of respondent No. 2 for purchase of insecticides is illegal and to issue a writ commanding respondent No. 1 to forebear from considering or processing the bid of respondent No. 2 for supply of Alphacypermethrin 5% WP under Tender Enquiry No. CMSO/D-360/QTY.Cont./2004-05. Thus, the petitioner, which is one of the bidders for supplying the said insecticide, has called into question the consideration of the technical bid of respondent No. 2 mainly on the grounds that respondent No. 2 was not fulfilling the mandatory conditions of submitting authenticated documents for proof of supply as required under the tender and has not manufactured or marketed the required quantity of the product. It is averred and asserted tha...
Tag this Judgment!Thackar Vasant Jivraj and ors. Vs. Shamji Kanji Daiya
Court: Gujarat
Decided on: Apr-19-2005
Reported in: (2005)2GLR1811
R.M. Doshit, J.1. Feeling aggrieved by the judgment and order dated 7th September, 1987 passed by the learned Extra Assistant Judge, Bhuj in Regular Civil Appeal No. 161/1983, the appellants, plaintiffs in Regular Civil Suit No. 532/1979 have preferred the present Revision Application under Section 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as 'the Rent Act').2. The petitioners are the landlords of the suit premises, a single storeyed building comprising two rooms situated at Bhuj. The petitioners instituted the above referred Regular Civil Suit No. 532/1979 in the Court of Civil Judge (J.D.), Bhuj for recovery of possession of the suit premises on the grounds that the defendant was tenant in default; that the defendant was not ready and willing to pay the rent; that the defendant had acquired vacant possession of an alternative suitable residence; that the petitioners required the suit premises bonafide and reasonably for person...
Tag this Judgment!Chhaganbhai Kalubhai Mali Vs. State of Gujarat
Court: Gujarat
Decided on: Apr-19-2005
Reported in: AIR2005Guj306
Jayant Patel, J.1. The short facts of the case are that the petitioners, who are claiming the status as vegetable merchant, have approached this Court for challenging the order passed by the Collector dated 28.8.2000, whereby various directions are given, inter alia, to collect difference of the market price as per the Rules in response to the shops which are allotted to Respondents No. 4 to 9. As per the case of the petitioners, Chora Building at which the shopping centre is constructed is required to be used for vegetable market and not for any other purpose. It appears that respondent No. 3 Municipality had passed the resolution for construction of Santrampur Urban Development Coop. Bank Limited Vegetable Market. Thereafter, the building was constructed and so far as Respondents No. 4 to 9 are concerned, the Municipality passed the resolution No. 149 dated 30.7.1998, whereby the Municipality resolved for accepting the development amount as Rs. 40,000/= for the persons who were havin...
Tag this Judgment!Panorama Builders Pvt. Ltd. C/o West INN Ltd. Vs. Union of India (UOi) ...
Court: Gujarat
Decided on: Apr-19-2005
Reported in: (2005)196CTR(Guj)515; [2007]291ITR294(Guj)
D.A. Mehta, J.1. The petitioner, a Private Limited Company, engaged in the business of construction activity, purchased at a public auction, property situated at final plot No. 607-A, SP No. 1, TPS No. 3, Near Law Garden, Ahmedabad, being open plot of land admeasuring 1424 sq. yds. along with plinth level construction of 278 sq. mtrs. (out of which 181 sq.yds. to be surrendered for passage and road alignment entitling the purchaser to additional floor space) for a sum of Rs. 1,40,00,000/-. The auction was held on 27th December,2000 in the following circumstances.2. It appears that Smt. Jayshreeben Vadilal Mehta and Smt. Chandra Devi Chandulal Mehta Agrawal (Transferors) agreed to transfer the property in the name of Shri N.G. Patel representing the Law Garden Shops & Office Complex Owners Association (Transferee) by an agreement entered into on 12th September,1989.Appropriate Authority acting under the provisions of Chapter XXC of the Income Tax Act,1961 (the Act), made an order under ...
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