Court : Gujarat
Decided on : Sep-25-2008
Reported in : (2009)1GLR734
..... career, he has served with highest level of devotion and dedication and during his entire career he has remarkably achieved goals of maintaining law and order; safety and security of the people; prevention and detention of criminals and effective control over anti-social and anti-national elements and control of terrorism in gujarat. it is further submitted ..... .g. vanzara, who was heading the a.t.s., gujarat at the time of killing of sohrabuddin and disappearance of ms. kausarbi was transferred as d.i.g. border range, kutch and banaskantha district and he also played active role in killing of tulsiram. one vipul agarwal, s.p. who was working under mr. vanzara was used to ..... amin is also high-ranking officer and so far as the applicant is concerned, he is only p.s.i. who obeyed and acted as per the instructions of his superior as obedient officer in police force.7. mr. naik, learned advocate appearing on behalf of the applicant has relied upon various decisions of the hon'ble supreme court in .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-25-2008
Reported in : LC2008(1)402; 2008(37)PTC128(Guj)
..... must be the inventor's own discovery as opposed to mere verification of what was already known before the date of the patent. unlike the patents act, 1970, the act of 1911 does not specify the requirement of being useful in the definition of invention. but courts have always taken the view that a patentable invention, ..... /integers without there being any synergy amongst different integers and combination of known devices functioning in a known way. hence, under section 3(f) of patent act the invention is not valid one. the appellants' arguments against this finding are that the said finding is factually incorrect and not based on the material on ..... said sealing rings are fixed to both the ends of the pipes and coupler'. the patent office in india, after following the entire rigorous procedure under the patents act right from application, publication of application, report by examiner and its consideration by controller, inviting objections, if any, etc has duly granted patent in favour of .....
Tag this Judgment!Court : Gujarat
Decided on : May-15-2008
Reported in : [2009]149CompCas625(Guj)
..... sales tax) have priority over all other dues in view of the said dues being crown dues which would have priority over all creditors including secured and unsecured creditors under the companies act, 1956.3. company application no. 83 of 2008 is filed by triveni builders, the auction purchaser seeking direction to the respondent nos. 2 ..... e.s.i. corporation. since, after introduction of section 529a and amendment to section 530 of the companies act, the legal position is changed. when the official liquidator acquires or possesses the securities mortgaged with the secured creditors, then the official liquidator would be obliged to serve the provisions of section 529a and section 530 ..... which specifically state that notwithstanding anything contained in any other provisions of this act, or any other law for the time being in force, in the winding up of a company, (a) workmen's dues and (b) debts due to secured creditors to the extent such debts rank under clause (c) of the proviso to sub- .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-21-2008
Reported in : [2009(121)FLR265]; (2009)1GLR123
..... the affairs are entrusted to managing agent the agent shall be the 'occupier of the factory'. in view of the provisions of sarfaesi act, arcil (or any reconstruction company acting under and as per sarfaesi act) would not fall under either category and when only 'affairs are entrusted', the entrustment of affairs would not include the entrustment ..... tribunal. on such grounds mr. nanavati has vehemently opposed the petitioner's attempt to rely upon the said document at this stage. this court finds considerable force in the objection of mr. nanavati, more so because the said document or any contention on the basis of said document does not find any place ..... registration is communicated to it.section 9 : measures for assets reconstruction:without prejudice to the provisions contained in any other law for the time being in force, a securitisation company or reconstruction company may, for the purpose of asset reconstruction having regard to the guidelines framed by the reserve bank in this behalf .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-17-2008
Reported in : (2008)2GLR1598
..... relating to narcotic drugs, strengthen the existing controls over drug abuse, considerably enhance the penalties particularly for trafficking offences....the amendment, which has been brought into force by a notification, which rationalises proportionate punishment with reference to the quantity, is required to be therefore appreciated in light of the ultimate intention of the ..... of navjot sandhu (supra) referring to this aspect has, after considering the manner in which it is recorded vis-a-vis the probable use of force or threat or pressure and the right of the accused under article 21 or article 14 of the constitution of india as regards the human ill- ..... it could be made admissible under section 67 of the ndps act, otherwise, it would not be admissible in evidence. the contention which has been raised is devoid of merit and without any substance. as it transpires, the case is with regard to cross-border illegal smuggling and trafficking/transportation of contraband articles like heroin .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-04-2008
Reported in : (2009)222CTR(Guj)593; [2009]309ITR67(Guj); [2009]182TAXMAN183(Guj)
..... the applicants and the income tax appellate tribunal, ahmedabad bench 'b' has referred the following questions under section 256(1) 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 setting aside the order made by the commissioner of ..... to decide grant of investment allowance in relation to one or the other item without considering the eligibility thereof, similarly deduction under section 80i of the act cannot be considered without deciding whether a particular portion of profits and gains has been derived from an industrial undertaking which fulfills the requisite conditions stipulated by ..... had not been considered and decided in such appeal. 14. the facts of the present case reveal that the assessee claimed relief under section 80i of the act. the assessing officer reworked such claim after making necessary inquiries and partially reduced the claim made by the assessee. the assessee carried the matter in appeal .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-26-2008
Reported in : AIR2009Guj1
..... present case. in p. rajendra v. state of madras : [1968]2scr786 it has been stated that the object of selection for admission is to secure the best possible material. this can surely be achieved by making proper rules in the matter of selection but there can be no doubt that such selection ..... . merely because the resources of the state in providing professional education are limited, private educational institutions, which intend to provide better professional education, cannot be forced by the state to make admissions available on the basis of reservation policy to less meritorious candidates. unaided institutions, as they are not deriving any aid ..... seats, is in violation of section 6 and other relevant provisions of the gujarat professional medical educational colleges or institutions (regulation of admission and fixation of fees) act, 2007 and rules framed thereunder, arbitrary, irrational, discriminatory, unreasonable, violative of articles 14, 15, 15(5), 19(1)(g) and 6 of the .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-16-2008
Reported in : (2009)1GLR498
..... as well be spontaneous and inspiring, once the child is enabled to overcome the initial shock and awe, and ensured protection, security, compassion and given confidence to come out with what was seen. further, some of the children are fairly intelligent, truthful ..... coming from wound.(9) incised stab wound of 3 x 2 cms cavity deep oblique on position on lateral lower border of rt. scapular region bloodstains discharge present.there were corresponding internal injuries as well to the lungs and intestine. there ..... chand v. state of h.p. this court held that an unambiguous extra judicial confession possesses high probative value force as it emanates from the person who committed the crime and is admissible in evidence provided it is free from suspicion ..... life to an unconditional release on the expiry of a particular term including remissions. the rules under the prisons act do not substitute a lesser sentence for a sentence of transportation for life.the question of remission is exclusively within .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-24-2008
Reported in : (2009)1GLR587
..... carrying on huge quantity of charas [hashish] secreted in the driver's cabin. the said truck is destined for mumbai. the said truck will pass from shamlaji border at around 7.00 pm to 8.00 pm on 12/1/2002. this truck originated from kashmir and the charas is loaded for mumbai.' the said ..... gulam mohammad malik for the commission of offence punishable under section 20(b) and section 29 read with section 8[c] of the narcotic drugs and psychotropic substances act [for short 'ndps act'] and the accused was sentenced to undergo rigorous imprisonment [ri] for 10 years and fine of rs. 1 lac, in default of payment of fine, ..... that there is nothing that the confessional statement was recorded by exercising any duress, coercion or inducement upon the accused. that all the mandatory requirements contemplated under the act regarding sending of information to immediate superior and regarding conducting search, seizure and packing of the samples were duly complied with. that even during the course of .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-12-2008
Reported in : [2009]152CompCas302(Guj); [2008]83SCL239(Guj)
..... in the interest of justice and fairness also to the employees if the opportunity to submit the revival scheme is given to the company and the company is not forced to an untimely and unwarranted death. after the inspection was granted, company application no. 448 of 2007 was preferred by the company and for the reasons stated ..... into their equity as provided in the sanctioned scheme. 15. mr. shah has further submitted that during this period the company's promoter cmd suresh metha was forced to resign because of totally unforeseen personal circumstances. the bifr thereafter gave ample time of more than a year from 2002 to mid 2003 to the new management ..... is also not resourceful enough to mobilize funds, much less sufficient funds. in the guise of wanting to settle with secured creditors, etc., and on the pretext of wanting to present a scheme under section 391 of the act, the company has, since 1998, completely stalled the process of recovery of the legitimate dues of crores of rupees. .....
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