Court : Gujarat
Reported in : 1998CriLJ2766; (1998)2GLR671
..... the conclusion inconsistent with innocence of the accused. it is difficult to hold that the circumstances established by the prosecution prove that, in all human probability, the act was done by the appellant and none else. under the circumstances, the conviction of the appellant under section 302, i.p.c. is liable to be ..... is sentenced to rigorous imprisonment for life. however, no separate sentence is imposed on the appellant for the offence punishable under section 135 of the bombay police act.5. mr. jitendra m. buddhbhatti, learned counsel for the appellant, has taken us through the entire evidence on record. it was submitted that the learned judge ..... the chit written by the appellant to accused kalidas was discovered in presence of panchas under a panchnama which was prepared under section 27 of the evidence act. the investigating officer also obtained specimen writing of the appellant in presence of panchas. the chit recovered at the instance of accused kalidas and the specimen .....
Tag this Judgment!Court : Gujarat
Reported in : [2006(111)FLR1097]; (2006)2GLR889; (2006)IIILLJ196Guj
..... . shree synthetics ltd. air 1984 sc 1164, the supreme court was required to consider the provisions of sections 61 and 66 of madhya pradesh industrial relations act (act 27 of 1960) which empowered the labour court to decide the legality and propriety of any order passed by an employer under the standing orders. section 61 ..... 9.1998, reduced punishment from 16 stages to 5 stages. this order has been passed in exercise of power under section 11a of the industrial disputes act, 1947 (the act). this order was challenged through special civil application no. 1026 of 1999 by corporation. however, by oral order dated 11.2.1999, special civil application ..... is made under section 10 of the act, labour court/ tribunal should exercise power vested in it by law. 7. advancing respective submissions, decisions, namely, indian iron & steel company limited v. their workmen air 1958 sc 130, ananda bazar patrika (p) ltd. v. their employees : (1963)iillj429sc , bengal bhatdee coal co. ltd. v. ram probesh singh .....
Tag this Judgment!Court : Gujarat
Reported in : IV(2007)BC362; 2006CriLJ3854; (2006)3GLR2209
..... nanjundeswara v. varlak agrotech (p) ltd. : (2002)10scc249 , the supreme court has held that quashing of proceedings initiated under section 138 of the negotiable instruments act, 1881 in exercise of power under section 482 of the code of criminal procedure, 1973, would be justified only if the high court comes to the conclusion that ..... shah and anr. v. state of gujarat and ors. : 2004crilj4249 , the supreme court has held that object of sections 138 and 141 of the negotiable instruments act, 1881 is to prevent bouncing of cheques and sustain the credibility of commercial transactions. the supreme court has further explained that these provisions create a statutory presumption of ..... , on february 10, 1999 and prayed the court to convict the respondents nos. 3 and 4 for commission of offence punishable under section 138 of the act and section 420 of the indian penal code.4. on presentation of the complaint, the learned magistrate recorded evidence of the complainant on february 10, 1999 as .....
Tag this Judgment!Court : Gujarat
Reported in : (1980)0GLR969
..... continuing one, with further fine which may extend to one hundred rupees for every day, after the first, during which the contravention or default continues.' 10. by the very act, that is, act no. 51 of 1974, clause (bb) is added to s. 45i, and the said clause defines 'deposit' in the following terms : '(bb) 'deposit' shall ..... the reserve bank of india against the accused charging them for the offences under ss. 45o and 58b read with s. 58c of the reserve bank of india act, 1934 ('the act'), being aggrieved by an order or acquittal passed by the learned metropolitan magistrate, 9th court, ahmedabad, on 17th march, 1977, in criminal case no. 1370 ..... similar capacity which not being established, the prosecution must fail. it is admitted by the company that they collected moneys. the schemes issued do show that they were acting as promoters or foreman. the company was to conduct the schemes, and the argument, therefore, that the fact that they were promoters, foreman or agents or collectors .....
Tag this Judgment!Court : Gujarat
Reported in : [1973(27)FLR143]; (1973)0GLR1; (1973)ILLJ604Guj
..... , the labour court cannot proceed under s. 33c(2). after observing that the point is concluded by a decision of the supreme court in chief mining engineer, m/s. east india coal co. ltd., dhanbad v. rameshwar and others, [1968 - i l.l.j. 6], it was observed as under : 'this decision plainly ..... had no jurisdiction to entertain these applications because retrenchment of workmen and closure of establishment are matters falling within second schedule of the u.p. industrial disputes act, 1947, and in respect of which, the industrial tribunal has exclusive jurisdiction. this contention found favour with the supreme court. in this connection it has ..... workmen and employer disturb the industrial peace and harmony, a machinery for adjustment peace and conflicting interests became the felt needs of time. industrial disputes act was enacted to provide machinery and forum for adjustment of such conflicting and seemingly irreconcilable interests without disturbing the peace and harmony in the industry, .....
Tag this Judgment!Court : Gujarat
Reported in : 2010CriLJ224
..... during such investigation. the court held that once it is accepted that an investigation undertaken by cbi pursuant to a consent granted under section 6 of the act is to be completed, notwithstanding withdrawal of the consent, and that 'further' investigation is a continuation of such investigation which culminates in a further police ..... sharma has drawn my attention on the document at serial no. 13 and submitted that the customs department had initiated investigation under the provisions of customs act, 1962 on the said set of allegations and issued show cause notice dated august 22, 1999 by directorate of revenue intelligence which was adjudicated by commissioner ..... deemed removal.the manipulative roles of respondents 2 to 7 have been clearly established. they were clearly active participants in the well-planned deception and fraudulent acts leading to evasion of duty. they had played major roles in the whole game of fraud and deception. there was clearly willful disregard and deliberate .....
Tag this Judgment!Court : Gujarat
Reported in : (1983)32CTR(Guj)268; [1982]138ITR437(Guj)
..... case rights of the holders of such shares in the said shares will come to be extinguished. the house of lords in scottish insurance corporation ltd. v. wilsons and clyde coal co. ltd. [1949] ac 462; [1949] 1 all er 1068; 19 comp cas 202 (hl) has referred to the consequence of return of capital to the ..... laid down by s. 85(1), 'preference share capital' means, with reference to any company limited by shares, whether formed before or after the commencement of the companies act, that part of the share capital of the company which fulfils both the following requirements namely, (a) that as respects dividends, it caries or will carry a preferential ..... redeemed the preference shares held by her and consequently the profits and gains arising from such redemption cannot be brought to tax as capital gains. section 2(47) of the act defines 'transfer' as follows : ''transfer', in relation to a capital asset, includes the sale, exchange or relinquishment of the asset or the extinguishment of any rights .....
Tag this Judgment!Court : Gujarat
Reported in : 1984(2)ECC63; 1982(10)ELT821(Guj); (1983)1GLR1
..... whether expenses of the aforesaid categories (such as publicity, storage, etc.) are now deductible in making computation in context of amendment of section 4 of the act by act 22 of the 1973 even if the same were not deductible before the amendment 13. this is the second remification of the matter which we indicated in the ..... that case, namely 'manufacturing cost plus manufacturing profits' has given birth to the controversy which has arisen in regard to the interpretation of section 4 of the excise act which we are called upon to resolve. the voltas' case 6. the ratio decidendi of voltas' case must be extracted intelligently and meaningfully - not mechanically and ..... became effective as and from1st october, 1975.4. determine of value for the 4. valuation of excisable goodspurposes of duty. - where for purpose of charging ofunder this act, any article duty of excise. - (1) whereis chargeable with duty at a under this fact, the dutyrate dependent on the value of excise is chargeable onof the .....
Tag this Judgment!Court : Gujarat
Reported in : 2002CriLJ3082; (2002)1GLR886
..... have not committed any 'criminal contempt' of the subordinate court and there is no warrant for taking any action under section 10 of the said act against them on that count.the contempt proceedings against the respondents, are therefore, hereby dropped and the contempt notices issued against the respondents are discharged. ..... -2000) assuming that the question involved 'criminal contempt' of the subordinate court was clearly hit by the provisions of section 20 of the contempt of courts act. however, samantbhai in his affidavit filed before this court has tendered an unconditional apology for the incident. the respondent jayeshkumar, superintendent of police, bhavnagar in ..... to handcuff the prisoner despite the directions of the supreme court constituted 'criminal contempt' under section 2(c) of the contempt of courts act, 1971, since such act undermined the authority of the subordinate court whose prior permission was required, and therefore, the high court has power to punish for contempt of .....
Tag this Judgment!Court : Gujarat
Reported in : [1980]126ITR1(Guj)
..... income arising from the transfer. it was also stated that the reason for initiating the proceedings for the acquisition of the aforesaid properties in terms of the act had been recorded by the competent authority and, therefore, in pursuance of section 269d, the competent authority was initiating the proceedings for the acquisition of the ..... properties by the issue of the notice under section 269d(1) of the act to the transferor companyand the transferee company and the schedule to the notice mentioned that the immovable property in respect of which these notices were issued was ..... assets by a holding company for any consideration to its wholly-owned subsidiary company does not amount to capital gains within the meaning of section 45(1) of the act. section 47, clause (iv) provides as follows :' 47. nothing contained in section 45 shall apply to the following transfers :--......... (iv) any transfer of .....
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