Gujarat Court December 2007 Judgments
Lilabhai Khodabhai Bharwad and 3 ors. Vs. State of Gujarat
Court: Gujarat
Decided on: Dec-28-2007
Reported in: 2008GLH(1)93
C.K. Buch, J.1. This appeal is filed under Section 374[2] read with Section 386 of the Code of Criminal Procedure, challenging the legality and validity of the order of conviction and sentence dated 7th August, 1993 passed by the learned Additional Sessions Judge, Ahmadabad[Rural] on conclusion of the trial of Sessions Case No. 101/88. Total 9 accused persons were tried for charge of offences punishable under Sections 143, 147, 148, 149, 34, 323, 324, 332, 353, 506[2], 426, 504 and 307 of I.P.C. and also under Section 135[1] of the Bombay Police Act. Pending the trial, the original accused No. 2 Bhura Bhikha died his natural death and therefore, the trial against the said accused was treated as abated vide order dated 26th June, 1992 [Appellant No. 2 Jivan Bhoja Bharwad died pending the appeal, so the appeal by the accused Jivan Bhoja shall have to be treated abated]. Learned trial Judge, by above judgment and order decided to acquit the accused Nos. 6 to 9 from all charges levelled ag...
Tag this Judgment!In Re: Alembic Ltd.
Court: Gujarat
Decided on: Dec-28-2007
Reported in: [2008]144CompCas105(Guj); [2009]89SCL19(Guj)
K.A. Puj, J.1. This is a petition filed under Sections 78 and 100 to 103 of the Companies Act, 1956, seeking confirmation to the proposal of capital reduction of the company in the form of utilizing its securities premium account as well as general reserve.2. The petitioner-company herein is a listed public limited company and is engaged in the business of production and marketing of pharmaceutical products. The company generated a turnover of Rs. 721.83 crores during the financial year ending on March 31, 2007. It is a profit making company with substantial reserves. The company's growth efforts included acquisition of various intangible assets, such as trademarks, copyright, designs, technical know how, licenses, franchises, etc., aggregating to Rs. 176.83 crores. The management of the petitioner-company thought it appropriate to restructure the balance-sheet of the company so as to streamline its financial structure through elimination of intangible assets. The company has, therefor...
Tag this Judgment!Percept Picture Company Pvt. Ltd. Vs. Shree Karma Production Pvt. Ltd. ...
Court: Gujarat
Decided on: Dec-28-2007
Reported in: 2008GLH(1)598; LC2008(1)165
D.N. Patel, J.1. Rule. Learned Counsel Mr. A.R. Majmudar waives service of notice of Rule on behalf of respondent No. 1.2. This Appeal from Order has been preferred against the order dated 24th December,2007 passed by learned In-charge District Judge, Vadodara below Exh-5 application in Regular Civil Suit No. 44 of 2007, whereby without giving notice to defendants, ex-parte, ad-interim relief, has been granted in favour of the plaintiff, in terms of para 29(a) and 29(b) of injunction application-Exh-5 application, preferred in the Suit. These prayers which are granted by ex-parte order, read as under:29(a) pending hearing and final disposal of this suit, the Defendants by themselves, their directors, servants, agents and distributors/exhibitors be restrained by an order of this Hon'ble Court from infringing the Plaintiffs' copyright in the artistic work 'Bal Hanuman' registering under No. A-57127/99, in any manner whatsoever and by reproducing the same or substantial part thereof in an...
Tag this Judgment!In Re: Aegis Healthcare P. Ltd.
Court: Gujarat
Decided on: Dec-28-2007
Reported in: [2008]146CompCas53(Guj); [2009]93SCL121(Guj)
K.A. Puj, J.1. These are the petitions filed by four petitioner companies for sanction of the scheme of arrangement in the nature of amalgamation of Aayush Multilink P. Ltd., LNP Financial Services P. Ltd. and Shree Saibaba Finsec P. Ltd., the transferor companies with Aegis Healthcare P. Ltd., the transferee company under Section 391 read with Section 394 of the Companies Act, 1956 (hereinafter referred to as 'the Act'). All the petitioner companies belong to the same group of management.2. The transferor companies and the transferee company belong to the same group of management and are engaged in a similar line of commercial activities in the related sector. Moreover, the business line is similar as well as complementary in nature, hence, the board of directors of all these companies thought it fit to amalgamate them for achieving synergic advantages. It is thought fit to consolidate all the operations under one company. This would lead to benefits of economies of the scale, make ad...
Tag this Judgment!Rafik Yakubbhai Shaikh Vs. State of Gujarat
Court: Gujarat
Decided on: Dec-27-2007
Reported in: 2008CriLJ1851; (2008)2GLR1118
R.H. Shukla, J.1. The present appeal is directed against the judgement and order dated 7.5.1999 passed in Sessions Case No. 177 of 1998 by the learned Sessions Judge, Rajkot, recording conviction of the appellant (for short accused) for offence under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs. 20,000/- and in default of payment of fine to undergo rigorous imprisonment for seven years.2. The short facts of the case briefly stated herein are that the original accused was charged with having committed offence under Section 302 of the Indian Penal Code and under Section 135 of the Bombay Police Act, as stated in detail in the charge framed by the Sessions Court. It is alleged that on 24.5.1998 the accused had committed the aforesaid offence and killed his real sister on the terrace of the house at Vithrang Society, Varia plot, Rajkot. The accused was also accused for murder of a minor child by knife blow and ultimately was acquitted. However,...
Tag this Judgment!Varisali Mohammad Israil Vs. State of Gujarat
Court: Gujarat
Decided on: Dec-27-2007
Reported in: (2008)1GLR903
R.H. Shukla, J.1. The present appeal is directed against the judgement and order dated 7.10.1998 passed by the learned Additional Sessions Judge, Ahmedabad (Rural), Mirzapur, Ahmedabad, in Sessions Case No. 116 of 1994 recording the conviction of appellant original accused No. 1 (husband) for the offence under Section 302 and 498A of the Indian Penal Code imposing sentence of imprisonment for life and imposing a fine of Rs. 10,000/- and in default to undergo rigorous imprisonment for six months. In view of the sentence imposed for offences under Section 302 of the Indian Penal Code, no separate sentence has been awarded for offence under Section 498A of IPC. The learned Sessions Judge has acquitted original accused No. 2 (mother-in-law) of the charges for both the offences.2. The short facts of the case stated are that the appellant-original accused No. 1 is the husband of the deceased and accused No. 2 is mother-in-law. The case of the prosecution is that the deceased Sahanazbanu was ...
Tag this Judgment!B.G. Patel Vs. State of Gujarat and 2 ors.
Court: Gujarat
Decided on: Dec-27-2007
Reported in: 2008GLH(1)181
Jayant Patel, J.1. With the consent of the learned Counsel for both the sides, the matter is finally heard today, when the Civil Application No. 15579 of 2007 is taken up for hearing.2. The short facts of the case appear to be that that the petitioner joined the service in the Cooperative Department of the State Government on December 20, 1971 and as per the petitioner, since the period of 30 years of service was already completed, on 2.9.2005 the petitioner served notice to the Department for retirement under Rule 47 of Gujarat Civil Services (Pension) Rules, 2002 (hereinafter referred to as 'Rules') to retire w.e.f. 7.12.2005. On 6.12.2005, the petitioner was communicated that his application for retirement was rejected and it appears that based on the said communication there is further correspondence and since the petitioner did not join the duty at the place where he was posted, subsequent action is also taken for holding inquiry against the petitioner. It is under these circumsta...
Tag this Judgment!Gadhavi Garavdan Govindbhai Vs. Patel Mangabhai Shambhubhai and ors.
Court: Gujarat
Decided on: Dec-24-2007
Reported in: (2008)1GLR840
K.M. Thaker, J.1. In this petition under Article 227, the petitioner has challenged order dated 7-1-1992 (Annexure 'B') passed by respondent No. 3 whereby the respondent No. 3 has set aside order dated 30-5-1990 passed by Deputy Collector, Godhra.2. The petition is preferred by one Shri Garavdanji Gadhavi, who as per the facts flowing from the record of this petition, transferred the land in question on 2-4-1980 (i.e., before the impugned order came to be passed) in favour of his son Shri Sanjaykumar as part of family arrangement, and thereby, according to the respondent, lost the cause and locus.3. The facts, in background of which present controversy is raised, can be summarised as follows:(1) The petitioner Shri Garavdanji Gadhavi was owner of and in possession of land bearing Survey No. 221/1 in Moje Charangam (Namnara), Taluka Lunawada.(2) The respondent Nos. 1 and 2, Shri Patel Mangabhai Shambhubhai and Shri Patel Somabhai Shambhubhai were owners and in possession of land bearing...
Tag this Judgment!Gujarat State Road Transport Corporation and anr. Vs. Arjan Raja Virda ...
Court: Gujarat
Decided on: Dec-20-2007
Reported in: (2008)3GLR1961
D.H. Waghela, J.1. Challenging the judgment and award dated 29-9-2006 of Motor Accident Claims Tribunal, Gondal in Claim Case No. 1083 of 1999, under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act'), the appellant has called into question the assessment of compensation, alleging that the award of Rs. 2,60,000/- was on the higher side. It was submitted by learned Counsel Mrs. Bhatt that the Claims Tribunal had erred in applying multiplier of 15 after recording the finding that the deceased was aged 40 years at the time of the accident. She relied upon the judgment of Hon'ble Apex Court in Managing Director, Tamil Nadu State Transport Co. v. Sripriya and Ors. : 2007(4)SCALE222 , wherein the Hon'ble Apex Court adopted multiplier of 12 while the deceased was aged 37 years.2. It was seen from the impugned award that the deceased victim of the accident was an agriculturist, having his own land, and in the evidence of his widow, it was claimed that he was earning Rs. 4,000/- ...
Tag this Judgment!Rajpipla Nagarpalika Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Dec-20-2007
Reported in: 2008GLH(1)243; (2008)2GLR1554
K.M. Thaker, J.1. This is a petition preferred under Article 227 of the Constitution of India by a local authority namely, Rajpipla Nagarpalika. The petitioner Nagarpalika is aggrieved by an order passed by the respondent No. 1. As per the impugned order, the respondent No. 1. As per the impugned order, the respondent No. 1 doubted the wisdom and assessment of Nagarpalika as regards the needs of its residents, particularly, for roads, and consequently, the respondent No. 1 set aside the decision and resolution of petitioner-Nagarpalika for constructing/widening road within its limits. Upon being aggrieved by such an order dated 27-1-1993, the petitioner has preferred present petition.2. The short facts involved in this matter are as follows:2.1 In view of the demand as well as the need for 20 fts. width road near station road area, necessitated due to common problems associated with growth, the petitioner had decided to construct 20 fts. road running north-south area near station road ...
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