Court : Gujarat
Decided on : Sep-23-2004
Reported in : [2005]126CompCas15(Guj); [2005]58SCL328(Guj)
..... ' where admittedly, proceedings had been initiated by the petitioner-bank before the debt recovery tribunal under the recovery of debts due to banks and financial institutions act, 1993 prior to the filing of the winding up petition, the petition deserves to be dismissed as the petitioner had already chosen a forum of recovery, that ..... creditor before the company court was a bank/financial institution or because an application had already been filed before the drt under the provisions of the rdb act, the petition for winding up would not be maintainable'. the court has further held that 'the admission of petition for winding up under section 433(e ..... and hence the petitioner has issued a statutory notice dated 8th august, 2002. the petitioner thereafter also initiated criminal proceedings u/s. 138 of the negotiable instrument act, 1881 by filing criminal complaint bearing no. 812 of 2002, before the chief metropolitan magistrate at ahmedabad and the said criminal complaint is still pending.5. .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-30-2004
Reported in : (2005)2GLR967
..... ; (2) no court shall take cognizance of any offence alleged to have been committed by any member of the armed forces of the union while acting or purporting to act in the discharge of his official duty, except with the previous sanction of the central government.the sanction falls in the chapter dealing with conditions requisite ..... wrongful confinement and abetment of such offences are the gravamen of the charges against the public servant, then by no stretch of any part of the alleged acts can even claimed to be committed while discharging the official duty or to be within the permitted range of official duties and such claim of the accused are ..... 51 days in preferring the revision application. according to the petitioner, the delay has been explained and sufficient cause within the meaning of section 5 of the limitation act, has been shown for the delay caused. so it is simultaneously prayed that delay in preferring the present criminal revision application may kindly be condoned and the .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-19-2004
Reported in : [2005(105)FLR582]; (2005)1GLR232
..... and unexplained delay on the part of the workman to approach the high court for claiming the benefits under section 17-b of the industrial disputes act would create genuine difficulties in the way of the employer in ascertaining and disputing the averments of the workman in his affidavit that he was not gainfully ..... rule of benevolent construction it would be re-legislating a provision of statute either by substituting, adding or altering the words used in the provision of the act. in such a situation, generally courts have refrained themselves to apply rule of benevolent construction. it was further observed that under the cover of application of ..... in these proceedings that they are not gainfully employed in any establishment, the question of their entitlement to receive benefits under section 17b of the industrial disputes act does not pose any difficulty. the question, however, that calls for consideration is the date from which the workmen are entitled to receive benefits under section .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-29-2004
Reported in : [2005]59SCL680(Guj)
..... satisfy itself that having regard to the market value of the property the price offered is reasonable. unless the court is satisfied about the adequacy of the price the act of confirmation of the sale would not be a proper exercise of judicial discretion. in gordhan das chuni lal daduwala v. t. sirman kanthimanthinatha pillai, it was ..... honourable supreme court held in page 323 as under:'at the outset, we would state that in proceedings for winding up of the company under liquidation, the court acts as a custodian for the interest of the company and the creditors. therefore, before sanctioning the sale of its assets, the court is required to exercise judicial discretion ..... acceptance of payment of municipal tax and education cess which the municipality may determine from time to time. i have also considered the provisions of sales of goods act and the sanctity of contract in this behalf. i have also considered the affidavit-in-reply filed by the opponent no. 3. i have also considered previous .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-07-2004
Reported in : (2005)1GLR99
..... -6 limsingbhai mansingbhai palas, learned trial judge came to the conclusion that both the witnesses were reliable witnesses, and oral dying declaration made before them by the deceased, should be acted upon. he ruled out the possibility shown by the defence that when vechatbhai, etc. reached at the scene of offence, deceased mansingbhai had already died, could not be believed. there ..... and, therefore, the prosecution case hinges on oral dying declaration of deceased as deposed, by two above said witnesses.11. dying declaration under section 32(1) of the indian evidence act, 1872 is an exception to the general rule that hearsay evidence is not admissible evidence, unless evidence is tested by cross-examination. under section 32 where a statement is made .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-14-2004
Reported in : AIR2005Guj51; (2004)3GLR2689
..... axles and tyres. the learned counsel submitted that the registering authority grants registration certificate and authorises the laden weight in consonance with the motor vehicles act, motor vehicles rules and circlers and notifications issued by the government of india in exercise of the statutory powers. therefore, it is contended ..... though the certificate of registration is in force, the respondent authorities are initiating action against the petitioners which is against the provisions of the act. therefore, the respondent authorities have no power or authority to initiate action against the petitioners when the petitioners are holding a valid certificate of ..... by this common judgement.2. the petitioners in the above petitions are owners of different motor vehicles registered under different authorities under the motor vehicles act, 1988. in these petitions the petitioners have challenged the notification issued by the joint director of transport, gujarat, ahmedabad, dated 9th august 2002 .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-04-2004
Reported in : (2005)1GLR575
..... mere issuance of the executive instructions. if the legislatures are intended to take away such rights, the same can be done only by way of the legislative act. unless the government amends the rules or imposes appropriate restrictive covenants prohibiting the bequest in favour of the strangers or by enacting the appropriate law, there would ..... specific provisions contained in the respective statutes. in sangappa bangi's case (supra), the hon'ble supreme court was interpreting section 21 of the karnataka land reforms act, 1961 and it was held that allowing stranger on tenancy land will be detriment of the landlord. as this question of bequeathing of tenancy right issue was ..... not disturbed. a specific contention was raised before the division bench that there was breach of provisions of section 43 & 63 of bombay tenancy & agricultural lands act, 1948. the court has not given any finding on that point and the appeal was dismissed. the division bench judgment in the case of state of gujarat v .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-20-2004
Reported in : (2005)2GLR1498
..... provides that the state government may authorize any municipality to control all approved schools within its area. section 17 reads as under :-'17.(1) subject to the provisions of this act and the rules made thereunder an authorized municipality shall perform the following duties and functions, namely -(a) ... ... ... ... ... (b) ... ... ... ... ...(c) to ..... village education committee and village school constitution committee to exercise such powers and perform such functions as may be prescribed.'13. the bombay primary education act, therefore, provides that while every district school board has to obtain approval of the state government for maintaining its staff, as far as the ..... appointing/promoting primary teachers as school inspectors are, therefore, in consonance with the provisions of sub-section (1) of section 20 of the act.14. the next question is whether in absence of any specific orders of the state government or the baroda municipal corporation sanctioning higher pay-scale .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-28-2004
Reported in : AIR2005Guj88
..... highways (fees for the use of national highways section and permanent bridge-public funded project) rules, 1997 are not violative of the provisions of the national highways act, 1956. in the present case, the rates of fees are prescribed by the union of india which uniformly applicable to the similarly situated vehicles. these rules are ..... the fees charged and the cost of services rendered and therefore collection of the fees by the respondents under the aforesaid rules, 1997 is not violative of the act, 1956. therefore, there is no substance in the present petition and hence the same may kindly be dismissed.5. i have heard the learned advocate for ..... fees for the use of national highways section and permanent bridge public funded project), rules, 1997, are violative of and beyond the provisions of the national highways act, 1956 and for further declaration that the levy of fees permanently made and sought to be made under the aforesaid rules for sarkhej bridge constructed on sabarmati river .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-12-2004
Reported in : (2004)2GLR529; [2004]54SCL292(Guj)
..... and thereby to prevent unemployment or to provide for unemployment relief. section 2 (2) of the act defines 'relief undertaking' which means an industrial undertaking in respect of which a declaration under section 3 is in force. section 3 (1) empowers ..... all issues indicated above are inter-connected and are, therefore, dealt with together.38. the main object of the bombay relief undertakings (special provisions) act, is to make temporary provision for industrial relations, to conduct or to provide loan, guarantee or financial assistance for the conduct of certain industrial undertakings ..... the cheque, the respondent company has fraudulently obtained a stay against the operation of the provisions contained in section 138 & 141 of the negotiable instruments act. the respondent company, therefore, indirectly succeeded in achieving what he could not have succeeded directly. in this connection, he relied on the decision of .....
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