Court : Gujarat
Reported in : (2006)1GLR658
..... he submitted that any order that may be passed by way of interim relief by either the arbitrator or a court in england will not be executable in india and, therefore, in order to protect the interest of parties till arbitral proceedings are finally concluded, protection of section 9 may be made available to the party. ..... cooper has drawn attention of this court towards clause 9.5 of the agreement in support of the contention that the law governing arbitration of england would be applicable to arbitral proceedings. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2001Guj299
a.l. dave, j.1. the present appeal arises out of the order rendered below exh. 5 in special civil suit no. 128/2000 by the civil judge (senior division) at jamnagar on 18-9-2000.2. the present appellant preferred the said civil suit for declaration and injunction against invocation of bank guarantee furnished by the appellant to respondent no. 1 for an amount of rs. 25 lacs. respondent no. 2 is a bank who undertook the guarantee. for sake of convenience, appellant is addressed to as the plaintiff and respondents no. 1 and 2 are addressed to as defendants no. 1 and 2 in this judgment.3. the facts leading to the present appeal can briefly be stated as under :3.1 an agreement was entered into between the plaintiff and defendant no. 1 on february 20, 1999 whereby the plaintiff was appointed as the consignment sale agent (c.s.a.) for the state of kerala and tamilnadu on certain terms and conditions. thereafter, one more agreement was entered into between the said parties on september 6, 1999 whereby the plaintiff was appointed as c.s.a. for the districts of ernakulam, idukki, pathanamthitta, kottayam & alleppey of state of kerala. by virtue of this new agreement the plaintiff was required to provide a bank guarantee (bg) for rs. 25 lacs as per the format of defendant no. 1. the plaintiff was also required to provide post dated cheques worth rs. 50 lacs for 30 days. following that agreement one more agreement was entered into between the plaintiff and defendant no. 1 on september .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2006Guj100; (2006)1GLR51
c.k. buch, j.1. heard ld. sr.counsel mr. pm thakkar for ld. counsel mr. ravindra shah for the petitioner. invoking jurisdiction of this court under article 227 of the constitution of india, the petitioner has prayed to issue a writ of certiorari or any other appropriate writ, order or direction quashing and setting aside the impugned order dated 19.07.2005 annex.a to the petition whereby the ld. 5th jt. civil judge (s.d.), bhuj-kutch rejected the application exh.35 in special civil suit no. 24/2004 and to allow application exh.35 directing the trial court to take the written statement of the petitioner-defendant company on record.2(i) the petitioner is a public limited company and and defendant in a special civil suit no. 24/2004. as the defendant company prayed vide application exh.35 that it may be permitted to file written statement in the suit as it could not file written statement in time granted. the day on which the application exh.35 was tendered, written statement was also kept along with the application prying permission.(ii) in the application, the petitioner has contended that the defendant is a big company and the officers of the company conversant with the facts have to go out of district kutch frequently and, therefore, the company could not submit its written statement within time. who should sign the written statement was also a question. the application exh.35 was tendered in the court on 05.06.2004 and the advocate appearing for the plaintiff objected and .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)1GLR805
b.j. shethna, j.1. rule.2. dr. sonia hurrash waives service of notice for respondent-bank. at the joint request of the learned counsels for the parties, all these petitions are heard and decided finally by this common judgment and order.3. heard learned senior advocate mr. vakharia with ms. avani mehta for petitioner in all these matters and learned advocate general, mr. s. n. shelat with dr. hurra for respondents.4. all these petitions are disposed of by this common order as they are arising out of the common judgment and order passed by the national consumer disputes redressal commission, new delhi (for short 'national commission') allowing first appeal nos. 418 to 428 of 1994 filed by the respondent-state bank of india against the judgment and order passed by the consumer disputes redressal commission, gujarat state (for short 'state commission') allowing the complaint nos. 186 to 196 of 1993 filed by the petitioner-co-operative bank against the respondent-state bank of india and directing the respondent-state bank of india to pay interest @ 16% to the petitioner-complainant for the delayed payment and also to pay rs. 5,000/- as compensation and rs. 1,000/- as costs in each matter.5. it is the case of the petitioner-bank that it requires money to meet with the demands of its primary members-societies and for this purpose, it is required to keep huge amounts in the current accounts and also by way of term deposits. it keeps its money with the respondent-state bank of india, .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2010Guj21
k.s. radhakrishnan, c.j.1. the question whether a child born in india to a surrogate mother, an indian national, whose biological father is a foreign national, would get citizenship in india, by birth, is a momentous question which has no precedent in this country.2. petitioner is a german national and is a biological father of two babies given birth by a surrogate mother by name - marthaben immanuel khristi - a citizen of india. petitioner's wife susanne anna lohle is a german national. due to biological reasons, the wife of the petitioner was not in a position to conceive a child. desiring to have a child of their own, they opted for in vitro fertilization (ivf). assisted reproductive technology infertility clinic at anand came to their help. investigation revealed that wife of the petitioner would not be in a position to reproduce ova (eggs) as a result of which it would not be possible to conceive a child even with the help of a surrogate mother by using the sperm of the petitioner. an indian citizen keeping anonymity volunteered to donate ova, and through a scientific process the petitioner's sperm was fertilized with the donor's ova and the fertilized embryo was implanted to the uterus of the surrogate mother. petitioner and his wife had entered into a surrogacy agreement with the second respondent - surrogate mother. after full discussion with dr. nayanaben patel of the clinic, surrogate mother was made known about the method of treatment. she had also agreed to hand .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)200CTR(Guj)646
d.a. mehta, j.heard mr. j. p. shah, learned advocate for the appellant, and mr. b.b. naik, learned standing counsel for the respondent.2. admit.3. the following substantial question of law arises for determination :'whether, on the facts and in the circumstances of the case, the tribunal was justified in law in restoring the matter back to the file of the assessing officer to determine whether the sum of rs. 4,00,000 which was received in cash by the assessee was or was not in consideration of surrender of tenancy rights ?'4. the assessment year 1990-91 and the relevant accounting period is financial year ended on 31-3-1990. in the assessment order, framed under section 143(3) read with section 147 of the income tax act, 1961 (the act), the assessing officer has recorded as under :'the assessee was carrying his business in the shop situated near dhiraj sons, athwalines, surat. this shop was owned by shri navinbhai ratilal modi and others which was taken on monthly rent of rs. 80 by the assessee. during this year under consideration, the assessee relinquished his tenancy right in respect of this shop and received an amount of rs. 5,00,101 (rs. 1,00,101 by cheque and rs. 4,00,000 in cash) in the month of january, 1990 from the owners of the shop. the receipt of an amount of rs. 5,00,101 for relinquishment of his tenancy right in respect of shop at athwalines was admitted by the assessee before the adi, surat during the course of giving his statement on oath under section 131 of .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1966Guj139; (1965)GLR714
bhagwati, j.1. this appeal raises a rather difficult question relating to construction of section 28 of the hindu marriage act, 1955. some three years back this court had occasion to observed in regard to this act that it is a piece of legislation which is not noted for accurate or artistic draftsmanship and this is yet another occasion where we are constrained to make the same observation. the question of construction which arises is whether there is a right of second appeal from a decree passed by the district court in appeal from a decree passed by the civil judge, senior division, in a proceeding for judicial separation under section 10 of the act. the question is a question of some importance because the effect of its decision would not be confined merely to a proceeding for judicial separation under section 10 but would extend also to other proceedings under the act. the appellant who is the original plaintiff filed a petition against the respondent, her husband, who is the original defendant, for judicial separation under section 10 on two grounds, namely, (1) that the respondent had deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; and (2) that the respondent had treated the petitioner with such cruelly as to cause a reasonable apprehension in the mind of the petitioner that it will be harmful or injurious for the petitioner to live with the respondent. the petition was filed in the court .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1986Guj162; (1985)2GLR1264
..... the law in england can be stated thus: (1) a creditor who had previous dealings with the firm is entitled to treat all those whom he knew to be members of it as remaining until he has actual notice to the contrary; (2) a creditor who has had no previous ..... thus the law prior to the enacting of the indian partnership act was the same as in england. .....
Tag this Judgment!Court : Gujarat
Reported in : [1994]210ITR358(Guj)
g.t. nanavati, j.1. the question which arises for consideration in these reference is whether in a case where the assessee is a discretionary trust, it is entitled to deductions under section 80l of the act. in all these cases the income-tax officer rejected the claim made under section 80l on the ground that the said section was available only to individuals and/or hindu undivided families as they are the only assessees contemplated by that section for the purpose of the benefit conferred by it. the appellate assistant commissioner held that the trust should be treated as an individual and, thus, it would be entitled to the reliefs under section 80l. the tribunal held that section 161 and not section 164 is the basis for assessment of the representative assessee and as the trustee is only victoriously liable as a representative assessee and as the tax has to be levied upon and recovered from him in the like manner and to the same extent as it would be leviable upon and recoverable from the person represented by him, in the assessment of the representative assessee, exemptions, deductions and benefits have to be given as the beneficiary would have been entitled to in case of direct assessment. the tribunal held that the trustees of a trust take colour of their status from that of the beneficiary and it cannot be different from the persons they represent. the tribunal, relying upon the observations made by the supreme court in matters arising under the wealth-tax act, 1957, .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1969Guj276; (1969)GLR931
shelat, j.1. x x x x x2. the lands under acquisition in all admeasures 50 acres 30 gunthas. they form a compact block of agricultural lauds, though no doubt they are shown in separate survey numbers. they are situated in the village of sampoi in zalod taluka. the village sampoi was a personal inam village and since the tenants have had no right to sell any such lands, there are no instances of sale in that village. the lands are at a distance of half a mile from the village side of sampoi. the population thereof as per census of 1951 is 2824. to the west of these lands under acquisition is the sim of village varod. on the eastern side there is a road going from zalod to dohad. to the south of these lands runs the river manchhan. the water remains in this river throughout the year except in the months of may and june. beyond this river manchhan towards the south is a small village tandi. of the lands under acquisition s. no. 66 abuts and can be said to be on the bank of the river manchhan. in s. no. 88 there is a well in respect of which separate compensation is claimed at the rate of rs. 500/-. this well was a katcha well. as already stated hereabove, the land acquisition officer valued lands at the rate of rs. 300/- per acre except in respect of s. no. 88 which came to be valued at the rate of rs. 480/- since there stood a well in that land. the learned judge, however, valued all the lands at a flat rate of rs. 800/- per one acre of land and rejected the claim in respect of .....
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