Court : Gujarat
Decided on : Nov-07-1996
Reported in : (1997)2GLR1179
..... 374 thereof.20. in view of my aforesaid discussion, i think this pursis for withdrawal of the appeal at the instance of the appellant deserves to be acted upon and this appeal deserves to be disposed of as withdrawn.even assuming that my aforesaid view is not correct, the pursis for withdrawal taken on record may ..... before pronouncement of the judgment. such withdrawal can be at the instance of instructions from the government. if the case is instituted on a police report, he can act on such government instructions. if the case is instituted on a private complaint and if such private complainant thinks it fit not to proceed with the prosecution, there ..... its logical conclusion as ruled by the supreme court. in the present case, the original appellant espoused the cause of members of the society against its office- bearers acting against its interests in collusion with the builder and the organiser thereof. he had set the machinery of criminal law into motion against respondent nos. 1 to 4 .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-25-1996
Reported in : (1997)1GLR346
..... the insured vessel is not sunk. this is not correct in view of the exh. 42. it clearly shows otherwise. no doubt shri nanavati is right that under the aforesaid act, it being a summary inquiry, it is not conclusive and it might be useful to the concerned authorities so far as the maintenance record is concerned. further, when the plaintiff ..... and as such exact details as to the time and date may not be expected of them. the vessel having sunk is disclosed before the shipping authorities under the said act as per exh. 42. one more document exh. 41 manifest issued by porbandar custom authorities indicates that the ship had left probandar port on 3-1-1986 with cargo ..... written statement. the question of limitation is also raised and the suit is generally denied.13. so far as the limitation is concerned, article 44(b) of the indian limitation act, 1963 will be attracted and the date of denial of claim will have to be ascertained. within 3 years of denial, the suit has to be filed.14. the claim .....
Tag this Judgment!