Gujarat Court June 2005 Judgments
Devendra Somabhai Naik Vs. Accurate Transheat Pvt. Ltd.
Court: Gujarat
Decided on: Jun-30-2005
Reported in: 2005(31)PTC172(Guj)
R.S. Garg, J.1. The present is an appeal under Section 72 of the Copy Right Act, 1957 (hereinafter referred to as 'the Act') against the order dated 4.6.2004 passed by the Copy Right Board (at New Delhi) in Case No. 1 of 2001.2. Short facts leading to the present appeal are that the present respondent Messrs Accurate Transheat made an application under Section 15(2) of the Act requesting the Board to direct deletion of the Registration at Serial No. A-519109/92. The submission was what the alleged artistic work which in fact was a design for production of a machine having been used for fifty times for manufacturing particular articles in view of Sub-section (2) of Section 15 of the Act the registration should be brought to an end.3. The present appellant in response to the notice appeared before the Copy Right Board and submitted that the item in dispute was not a design and even if it was a design they were not reproducing designs, but in fact on the basis of the knowledge derived fro...
Tag this Judgment!In Re: Essar Oil Ltd.
Court: Gujarat
Decided on: Jun-30-2005
Reported in: [2005]62SCL345(Guj)
K.A. Puj, J.1. Company Application No. 217 of 2005 is filed by Essar Oil Limited seeking direction of this Court for convening of the meeting of the Scheme Lenders of the applicant company for the purpose of considering and if thought fit, approving with or without modification, the arrangement embodied in the Scheme of Compromise and arrangement between the applicant company had its Scheme Lenders. The applicant has also prayed for the method of convening, holding and conducting the said meetings and as to the notice and advertisement be issued in this behalf. Lastly, the applicant has prayed for the appointment of the Chairman of the meeting.2. Company Application No. 224 of 2005 is filed by Peerless General Finance and Investment Company Limited seeking declaration from this Court to declare the Scheme of Arrangement of Compromise (Annexure 'II') submitted by the Company is null and void. Alternatively, the direction was sought for by the applicant to direct the company to convene s...
Tag this Judgment!Torrent Pharmaceuticals Ltd. Vs. Ucb
Court: Gujarat
Decided on: Jun-29-2005
Reported in: 2005(31)PTC14(Guj)
ORDERDharam Singh, ARTM1. This order disposes of an Interlocutory petition dated 22.12.2003 filed by the Petitioner/opponent with request for grant of leave for an affidavit of Mr. Allen Norris alongwith evidence either under Rule 50(1) or 53 of the Trade Marks Rules, 2002. The facts of the case in brief are as under:2. On filing of counter statement by the applicant, a copy thereof was served on the opponent vide official letter dated 18.07.2003 calling upon him to file evidence in support of opposition. But, the opponent did not file evidence within the prescribed/extended time. However, he filed the Interlocutory petition for grant of leave for the said evidence filed after expiry of the extended time and is the subject-matter of hearing held on 1.2.2005, when Mr. Vishnu Mohan Rethnam, Advocate of Remfry & Sagar for the opponent and Mr R.R. Shah, Advocate appeared for the applicant. Mr. Rethnam submitted that a copy of the Counter Statement was served on the opponent vide official l...
Tag this Judgment!The Commissioner of Income Tax Vs. Pragati Co. Op. Bank Ltd.
Court: Gujarat
Decided on: Jun-29-2005
Reported in: (2005)197CTR(Guj)505; [2005]278ITR170(Guj)
D.A. Mehta, J. 1. The Income Tax Appellate Tribunal, Ahmedabad Bench 'C' has referred the following question under Section 256(1) of the Income Tax Act, 1961 (the Act) at the instance of the Commissioner of Income Tax.'Whether on the facts and in the circumstances of the case, the Appellate Authority was right in law in confirming the order of the CIT(A) deleting the addition of Rs. 1,80,95,811/- in respect of fixed deposit and Rs. 21,71,500/- in respect of interest?2. The Assessment Year is 1983-84 and the relevant accounting period is 1.7.1981 to 30.6.1982. The assessee, a Cooperative Society, is engaged in business of banking. As against returned income of Rs. 14,317/- the Assessing Officer assessed at a total income of Rs. 2,02,61,628/- by an order of assessment dated 31.3.1986.3. It appears that there were search proceedings under section 132 of the Act on 24.12.1983 at the premises of the bank and due to various discrepancies/irregularities in the records maintained by the assess...
Tag this Judgment!Panchabhai Becharbhai Makwana Vs. State of Gujarat and 3 ors.
Court: Gujarat
Decided on: Jun-29-2005
Reported in: (2006)1GLR881
Jayant Patel, J.1. Heard Mr. Panchabhai Becharbhai Makwana, the petitioner, who is present in the court and Mr. Kogje, Ld. APP for the respondent State and Mr. Barot with Mr. Munshaw for respondent No. 2 and Ms. Raval for the respondent No. 3 and also perused the record and proceedings called for by this court by earlier order.2. The petitioner has preferred this petition challenging the order passed by the Ld. Magistrate of accepting B summary report and its confirmation thereof by the Ld. Extra Assistant Judge and Special Judge whereby the report of the police concluding that the false complaint filed is accepted. However, in the said report, it was prayed by the police to initiate prosecution against the complainant, but the said prayer of the police is not granted by the Ld. Magistrate and the Ld. Extra Asst. Judge & Special Judge has also not interfered with the same and it is under these circumstances the petitioner has preferred the present petition.3. The contention raised by t...
Tag this Judgment!G.Y. Ramekra Vs. Rehmanbhai I Ghenchi and 3 ors.
Court: Gujarat
Decided on: Jun-24-2005
Reported in: 2005CriLJ3841; (2005)3GLR2056
S.R. Brahmbhatt, J.1. Heard Mr. Manish Upadhyay for Shri P.G. Desai for the appellant - original complainant and Shri K.C. Shah, learned Addl.P.P. for the respondent No. 3. The respondent No. 1 and 2 have been duly served.2. The appellant has preferred this Criminal Appeal under Section 378 of the Code of Criminal Procedure challenging the judgment and order of acquittal dated 12.5.1989 passed by the learned Judicial Magistrate First Class, Vadodara in Criminal Case No. 9720 of 1986 acquitting the respondent Nos. 1 and 2 i.e. Original accused Nos. 1 and 2 of the charges of having committing offence under Section 2(1)(a) and 7(1) with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the SAct for short). The leave was granted and appeal was admitted by this court (Coram: B.C. Patel, J.) vide order dated 15.11.1990.3. The case of the prosecution is that on 13.10.1986 at about 9.30 AM the original complainant Shri Ramekra, who was working as ...
Tag this Judgment!Rajshree Dyeing and Printing Mills Pvt. Ltd. Vs. Union of India (Uoi)
Court: Gujarat
Decided on: Jun-24-2005
Reported in: 2005(190)ELT9(Guj)
ORDERD.A. Mehta, J.1. Heard Mr. Dhaval Shah, learned advocate for the petitioners and Mr. Jitendra M. Malkan appearing on behalf of the respondent authorities. RULE returnable today. Mr. Malkan waives service and the matter is taken up for final hearing and disposal at the request of the learned counsel.2. The dispute between the parties lies in a very narrow compass - As to whether the order of the Commissioner (Appeals) is served on the petitioner or not? The petitioner vide communication dated 16th September, 2004 has categorically stated that on inquiry with the postal department, the petitioner has been informed that no such delivery has been effected by registered post. This communication has been addressed to the Commissioner (Appeals) and is in context of the earlier communication dated 1st September, 2004 from the Superintendent stating that the Order-in-Appeal dated 24th November, 2003 issued by Commissioner (Appeals) had been dispatched to the petitioner by registered post o...
Tag this Judgment!Mansukhbhai Lavjibhai Vs. State of Gujarat
Court: Gujarat
Decided on: Jun-23-2005
Reported in: (2005)3GLR2707
H.B. Antani, J. 1. The present appeal has been preferred by the appellant under Section 374(2) of the Code of Criminal Procedure, 1973, against judgment dated April 30, 2001 passed by the learned Additional Sessions Judge, Rajkot, in N.D.P.S. Case No. 104 of 2000 whereby the appellant is convicted of the offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [the NDPS Act] and sentenced to suffer R.I. for a period of ten years and a fine of Rs. 1 Lac, in default, R.I. of one year.2. An information was received by A.S.I. Mr. Keshubhai Mepabhai discharging duties in D.C.B. Rajkot on 7.4.2000 at 16.30 hours that one person named Mansukhbhai Lavjibhai, wearing white pant and black and red coloured shirt, was in possession of charas, and selling the same near Ranchhoddasji Ashram located on Kuvadva road, Rajkot. The A.S.I. Conveyed the information received by him to Mr. B.V. Jani, who then was P.S.I. Of D.C.B. Rajkot. Mr. Jani, accordingly informed P...
Tag this Judgment!Commissioner of Income Tax Vs. Sanjay Oil Cake Indust.
Court: Gujarat
Decided on: Jun-22-2005
Reported in: (2005)197CTR(Guj)520
D.A. Mehta, J. 1. The Income Tax Appellate Tribunal , Ahmedabad Bench 'B' has drawn up a consolidated statement of case in relation to questions referred at the instance of the Commissioner of Income Tax and the assessee under section 256(2) of the Income Tax Act, 1961 (the Act).At the instance of Revenue.'Whether the Appellate Tribunal is right in law and on facts in deleting the addition of Rs. 54,23,457 made on account of suppressed production of 28284 tins of oil and also Rs. 12,44,130/- on account of suppression of sale price of 678 tons of oil cakes outside the books of accounts ?'At the instance of assessee.'1. Whether in the facts and in the circumstances of the case the Tribunal was justified in rejecting the evidence in the form of certificates and statements filed during the course of assessment proceedings.2. Whether on the facts and in the circumstances of the case the Tribunal was justified in holding that the purchases of tin plate for manufacture of tins were not made o...
Tag this Judgment!Executive Engineer (Mechanical) Vs. Chetan P. Oza
Court: Gujarat
Decided on: Jun-22-2005
Reported in: [2005(107)FLR797]; (2005)2GLR1778
R.S. Garg, J.1. Heard the learned Counsel for the parties. Placing reliance upon certain judgements of this Court, the learned Counsel for the appellant submits that in light of the said judgements and the legal position, the workman should show to the Court that within last one year from the date of retrenchment, he had completed 240 days' work and unless he shows so, he would not be entitled to the benefits of continuous service. The submission, in fact, is that if in the earlier years, the workman has done work for 240 days, the same would not enure to his benefit, but, he is still obliged to inform the Court that within one year preceding the date of the order of termination or retrenchment, he has completed 240 days.2. Placing reliance upon a judgement of the Supreme Court in the matter of U.P. Drugs & Pharmaceuticals Co. Ltd. v. Ramanuj Yadav and Ors., 2004 SCC (L&S;) 46, the learned Counsel for the workman submits that if in the year preceding the date of retrenchment, the workm...
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