Gujarat Court December 2008 Judgments
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Atulbhai Patel Director, Baroda District Co-op. Milk Producers Union V ...
Court: Gujarat
Decided on: Dec-16-2008
Reported in: (2009)1GLR623
Mohit S. Shah, J.1. This appeal under Clause 15 of the Letters Patent is directed against the judgment dated 26-9-2008 of the learned single Judge, dismissing the Special Civil Application following the decision dated 4/6-9-2008 of another learned single Judge in Special Civil Application No. 1870 of 2006 and allied matters. Since, the L.P.A. filed against the said decision dated 4/6-9-2008 filed earlier has already been withdrawn, this appeal is essentially directed against the reasoning of the learned single Judge in the decision dated 4/6-9-2008, as adopted in the order dated 26-9-2008 under appeal.2. All the above petitions were filed to challenge certain Bye-laws of respondent No. 3-Gujarat State Co-operative Milk Marketing Federation Ltd. In the decision dated 4/6-9-2008, the learned single Judge held the said Bye-laws to be valid and legal. The appellant is therefore, reiterating his challenge to the said Bye-laws in this appeal.3. The broad facts of the case are not in dispute....
Lark Laboratories Ltd. Vs. Nabros Pharma Pvt. Ltd.
Court: Gujarat
Decided on: Dec-15-2008
Reported in: (2009)2GLR1376; 2010(41)PTC675(Guj)
M.R. Shah, J.1. Present Appeal from Order under Order XLIII, Rule 1(r) of the Code of Civil Procedure is arising out of the impugned order dated 2-3-2007 passed by the learned Judge of the City Civil Court, Ahmedabad below Exhs. 6 and 7 in Civil Suit No. 1735 of 2006 by which the learned Chamber Judge has allowed the said Notice of Motion granting injunction in favour of the respondent herein-original plaintiff (hereinafter referred to as 'the plaintiff) and against the appellant herein - original defendant (hereinafter referred to as 'the defendant') restraining the defendants, its proprietor, partners and directors, as the case may be, their servants, agents, dealers, stockists and distributors from manufacturing, marketing, advertising, selling and exporting it stablets used in plain, inflammation and fever under the impugned trade-mark BOLAREN along with its copyrights subsist in its artwork of the label packages etc. and any other trade-mark along with its copyrights which may be ...
Official Liquidator of Pushpa Synthetic (P.) Ltd. Vs. Diamond Jubilee ...
Court: Gujarat
Decided on: Dec-12-2008
Reported in: (2009)2GLR1023; [2009]91SCL109(Guj)
K.A. Puj, J.1. Official Liquidator Report No. 29 of 2006 is filed by the Official Liquidator on or about 25-2-2006 seeking ratification of his action of taking possession of six shops at Yash Plaza Complex, Surat in view of provisions of Section 531/531A of the Companies Act, 1956. The Official Liquidator has stated while making this prayer that the present occupants of shops No. A-301, A-302, A-303, A-304, A-305 and A-306 have moved to this Court by filing Company Application Nos. 364 to 366 of 2005 and 376 to 378 of 2005. The Official Liquidator has further prayed for the direction to the Secured Creditors to produce the documents before this Court regarding mortgaged property as well as registered office of the Company. The Official Liquidator has lastly prayed for the direction to the Ex-Directors of the Company in liquidation to remain present before him for recording of their statement under Rule 130 of the Companies (Court) Rules, 1959 and to give complete details of properties ...
Hikha Jiva Gujaria and ors. Vs. State of Gujarat
Court: Gujarat
Decided on: Dec-12-2008
Reported in: (2009)1GLR844
J.R. Vora, J.1. Instant appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973, and is directed against the judgment and order dated 13th of October, 1999, rendered by learned Additional Sessions Judge, Junagadh, in Sessions Case No. 164 of 1996, whereby present appellant Nos. 1 and 2 came to be convicted for the offence punishable under Section 302 of the Indian Penal Code, while appellant Nos. 3 and 4 came to be convicted for the offences punishable under Section 302 to read with Section 34 of the Indian Penal Code. Each of the appellants was sentenced to undergo imprisonment for life and to pay fine of Rs. 500/- in default to undergo simple imprisonment of 30 days.2. As per the prosecution case, incident occurred on 10th of June, 1996, near the statue of Ambedkar at old bus-stand chowk, in the town of Visavadar, district - Junagadh, wherein Samat Sajan Charan died on account of injuries. On that day, deceased Samat Sajan and his brother P.W. 4 Pala Sajan, r...
Shah and Patel Construction Co. Vs. Baroda Municipal Corporation
Court: Gujarat
Decided on: Dec-12-2008
Reported in: (2009)3GLR2040
Mohit S. Shah, J.1. This appeal under Clause 15 of Utters Patent is preferred against the judgment dated 22nd July, 1996 of the learned single Judge dismissing the writ petition filed by the appellant, hereinafter referred to as the petitioner, for challenging Resolution Nos. 4 and 5 dated 22nd February, 1996 passed by the Standing Committee and Resolution No. 177 dated 6th March, 1996 of the General Board of the Baroda Municipal Corporation.2. The broad facts of the case in dispute are that the land admeasuring 10599 sq.mtrs. in the city of Baroda being final Plot No. 76 of Town Planning Scheme No. 1 was reserved for the purpose of neighbourhood centre (local shops, library, public hall, open space, electric sub-station). The Baroda Municipal Corporation, hereinafter referred to as 'the Corporation' issued an advertisement in the newspaper dated 5th June, 1994 offering the above parcel of land on lease basis. The auction was to be held on 30th June, 1994. At the' auction, the petition...
Babubhai Bhimabhai Bokhiria Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Dec-11-2008
Reported in: (2009)2GLR1483
D.H. Waghela, J.1. The petitioner has invoked Articles 226 and 227 of the Constitution and Section 482 of the Code of Criminal Procedure, 1973 ('the Cr.P.C.' for short) for the prayer to set aside the order dated 29-3-2008 below Exh. 225 of Additional Sessions Judge, Porbandar whereby the petitioner is ordered to be summoned as accused person by a bailable warrant under Section 319 of Cr.P.C. The petition has come up for final hearing and disposal at a critical stage when, after the initial admission and ex-parte injunction against the impugned order on 3-4-2008, the matter has reached the Supreme Court and directions as under are issued on 14-11-2008 in S.L.P. (Cri.) Nos. 3911 of 2008 and 4039 of 2008:(a) Since the Special Criminal Case is now pending before the High Court, we feel it proper to request the High Court to decide the said case within a period of four weeks from this date without granting any unnecessary adjournments to either of the parties.(b) In the event, the decision...
Regional Passport Officer Vs. Kokilaben Wife of Jaswantlal Panchal and ...
Court: Gujarat
Decided on: Dec-05-2008
Reported in: AIR2009Guj59; (2009)2GLR1246
K.S. Radhakrishnan, C.J.1. The Regional Passport Officer, Ahmedabad, aggrieved by certain directions and observations made by the learned Single Judge in Special Civil Application No. 2716 of 2006 and connected matters, reported in 2006 (2) GLR 1165, has come up with these appeals 'Letters Patent Appeal Nos. 1673 of 2006 and connected matters. Letters Patent Appeal No. 100 of 2008 and connected matters have also been filed by the same Officer, aggrieved by the directions issued by another learned Single Judge in Special Civil Application No. 3907 of 2006 and connected matters (reported in 2006 (2) GLR 1208), seeking some modifications.2. The issue involved in all these cases is either with regard to the correction of date of birth, place of birth or name entered in various Passports issued to the parties. Learned Single Judges, after referring to the instructions issued by the Ministry of External Affairs vide No. VI/401/2/5/2001 dated 18.4.2001, Division Bench judgment of the Bombay H...
State Bank of India Vs. O.L. of New Gujarat Synthetics Ltd.
Court: Gujarat
Decided on: Dec-05-2008
Reported in: [2009]90SCL1(Guj)
K.A. Puj, J.1. The applicant, State Bank of India, has taken out this Judge's Summons making following prayers;(A) The Liquidator of new Gujarat Systhetics Ltd. (In Liqu.), be directed to take possession of piece or parcel of land situate, lying and being at Mouje Dariapur Kazipur, City Taluka, bearing Final Plot No. 31 (Original Survey No. 416) of Town Planning Scheme No. 5 Ahmedabad admeasuring 12828 sq. yds. equivalent to 11501 sq. mts. together with constructions thereon which is in unauthorised and illegal occupation and possession of Respondent Nos. 4 to 13.(B) It may be declared that Respondent Nos. 4 to 13 are in unauthorised and illegal occupation of land situate, lying and being at Mouje Dariapur Kazipur, City Taluka, bearing Final Plot No. 31 (Original Survey No. 416) of Town Planning Scheme No. 5 Ahmedabad admeasuring-12818 sq. yds. equivalent to 11501 sq. mts. together with construction standing thereon.(C) It may be declared that Respondent Nos. 4 to 13 are encroachers an...
Union Bank of India Vs. General Workers Union and anr.
Court: Gujarat
Decided on: Dec-04-2008
Reported in: AIR2009Guj65; [2010]153CompCas407(Guj); (2009)1GLR867; (2009)IIILLJ502Guj
Jayant Patel, J.1. The interesting question arises for consideration in the present petition is the status of the workers of a company whose properties are taken over by secured creditor under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'Securitisation Act') and the unit of the Company is closed. Incidentally, the question also deserves to be considered about the presence of such secured creditor in the proceedings initiated by the workers where the unit is closed for recovery of their wages or the protection of the rights before the appropriate forum.2. The short facts of the case appear to be that the the petitioner is a nationalised Bank having security interest over the mortgaged properties of the respondent No. 2 Company. As the loan amount for the mortgaged properties was not paid, as per the petitioner Bank, the debt was classified as Non-Performing Assets (NPA). Consequently on 29.10.2007 n...
Ramgopal Polytex Ltd. Vs. Stone on Net India Pvt. Ltd. and anr.
Court: Gujarat
Decided on: Dec-04-2008
Reported in: (2009)2GLR1477
M.R. Shah, J.1. Rule. Shri C.H. Vora, learned Advocate waives service of rule on behalf of respondent No. 1-original plaintiff.2. Shri Mihir Joshi, learned Senior Advocate seeks permission to delete respondent No. 2 so far as the present proceedings are concerned.3. With the consent of the learned Advocates appearing on behalf of the respective parties, the present Special Civil Application is taken up for final hearing today.4. By way of this petition under Article 227 of the Constitution of India the petitioner-original defendant has prayed for an appropriate writ, order or direction quashing and setting aside the impugned order dated 23-11-2008 passed by the learned Principal Civil Judge, Civil Court (Junior Division) and Judicial Magistrate, First Class, Dhandhuka below Exh. 7 in Regular Civil Suit No. 147 of 2008 by which the learned trial Court has granted ex parte ad-interim mandatory injunction in favour of respondent No. 1-original plaintiff on Sunday at his residence.5. Shri ...
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