Court : Gujarat
Decided on : Apr-16-2004
Reported in : (2004)2GLR1714
..... causes court, are required to frame appropriate points for determination at the time of deciding such appeal. when the appellate court is deciding an appeal under the bombay rent act, it is necessary to comply with the provisions of order 41 rule 31 of the code of civil procedure, which also require that the points for determination is framed ..... bench of the small causes court, ahmedabad, in most of the cases, is not framing points for determination. when the appellate bench is deciding an appeal under the rent act, it is necessary that, in view of order 41 rule 31 of the code of civil procedure, it should frame the points for determination, which should clearly be ..... , on western side, which is bearing survey no.377/3/4. the plaintiff instituted the said suit for getting a decree for possession as provided by the rent act on the ground that the defendant is in arrears of rent as well as on the ground that after taking the rented premises, subsequently, the tenant has acquired suitable .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-22-2004
Reported in : (2005)1GLR538
ORDER VIIPlaintxxx xxx xxx10-A. Power of Court to fix a date of appearance in the Court where plaint is to be filed after its return.-(1) Where, in any suit, after the defendant has appeared, the Court is of opinion that the plaint should be returned, it shall, before doing so, intimate its decision to the plaintiff.(2) Where an intimation is given to the plaintiff under sub-rule (1), the plaintiff may make an application to the Court-(a) specifying the Court in which he proposes to present the plaint after its return,(b) praying that the Court may fix a date for the appearance of the parties in the said Court, and(c) requesting that the notice of the date so fixed may be given to him and to the defendant.(3) Where an application is made by the plaintiff under sub-rule (2), the Court shall, before returning the plaint and notwithstanding that the order for return of plaint was made by it on the ground that it has no jurisdiction to try the suit,-(a) fix a date for the appearance of the...
Tag this Judgment!Court : Gujarat
Decided on : Sep-03-2004
Reported in : I(2006)BC349; 2005CriLJ2077; (2005)2GLR1750
..... 324 of 2001 is filed in the court of learned chief judicial magistrate, vadodara for alleged commission of offence under section 138 of the negotiable instruments act, 1981 ('the act' for short) in which process has been issued, has prayed to quash and set aside the complaint and the process issued thereunder, on the grounds ..... to play fraud. it is common knowledge that people are using the instrument in commercial transaction postdated cheques and therefore provisions of section 138 of the act should be interpreted in a manner which discourages people from not honouring the commitment by way of payment through cheque.23. in aforesaid backdrop of the ..... to dismiss the petition. 17. this court has considered the rival submissions advanced by the learned advocates appearing for the parties and statutory provisions contained under the act and the decisions cited at the bar.18. before dealing with the submissions posed for consideration of this court, it would be worthwhile to notice the object .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-25-2004
Reported in : (2005)2GLR1674
..... , namely, (i) somabhai khemabhai, (ii) jashvantrai ishwarbhai, (iii) vinod jayantilal, (iv) dinaben jayantilal, and (v) dahiben somabhai, had received burn injuries because of the act of jayantibhai javabhai i.e. the appellant in setting on fire his hut, and were admitted in the hospital for treatment. the head constable had noted down the information conveyed ..... in dying declarations of the deceased in regard to death of deceased dinaben is not a relevant fact and not admissible under section 32 of the evidence act. the learned counsel of the state government emphasised that reliable testimony of shantaben and that of somabhai as well as that of dahiben establishes that the ..... , the statement made by the declarants in regard to the death of the deceased cannot be held to be inadmissible under section 32 of the evidence act will have to be considered by the court while determining guilt or otherwise of the appellant.17. on consideration of four dying declarations produced by the prosecution .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-30-2004
Reported in : [2005]128CompCas883(Guj); [2005]59SCL265(Guj)
..... sheets, mr. trivedi has submitted that the signatories to the prospectus have made false, deceptive and misleading statement. the applicants instead of explaining their conduct and acting honestly and reasonably for being excused, have contested the facts and merits of the offences committed by them and other co-promoters and directors. this is ..... duty and breach of compliance has been brought under sub-section (1). the petition is, therefore, maintainable. it is further held that since the petitioner had acted honestly and diligently and properly explained the delay of 24 days in submitting the cost report to the company law board, the registrar of companies was to ..... considering their pleadings as contained in several affidavits filed during the course of hearing of these two applications and after examining the relevant provisions of the companies act, 1956 as well as the authorities cited before the court, the court is of the view that both these applications deserve to be allowed and .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-04-2004
Reported in : (2004)2GLR1270
..... whether the arbitrator has travelled beyond his jurisdiction, it would be necessary to consider the agreement between the parties containing the arbitration clause. the arbitrator acting beyond his jurisdiction is a different ground from the error apparent on the face of the award.6.6 the learned counsel has also relied on the ..... must state reasons for the amount awarded.5.13b/2 the rationale of the requirement of reasons is that reasons assure that the arbitrator has not acted capriciously. reasons reveal the grounds on which the arbitrator reached the conclusion which adversely affects the interests of a party. the contractual stipulation of reasons ..... for arbitration which reads as follows:'any dispute arising under this charter shall be referred to arbitration and settled in accordance with the provisions of indian arbitration act 1940 in india, each party appointing an arbitrator, and the two arbitrators, in the event of disagreement appointing an umpire whose decision shall be final .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-24-2004
Reported in : AIR2004Guj333; (2004)3GLR1893
..... challenging the judgment of the court was not before some other forum or tribunal. on the contrary, by virtue of sub-section (3) of section 27 of the act, the order passed by the court amounted to a decree against which an appeal lay to the high court. when the party had statutory remedy of assailing the order ..... or tribunal to take action or there has been a contravention of fundamental rights or there has been a violation of rules of natural justice or where the tribunal acted under a provision of law, which is ultra vires, then notwithstanding the existence of an alternative remedy, the high court can exercise its jurisdiction to grant relief. ..... addl. district judge, the writ petitioner had also preferred misc. first appeal. the said first appeal was time barred, the application filed under section 5 of the limitation act for condonation of delay came to be rejected by the high court. however, the writ petition was entertained and was allowed. in appeal before the division bench of the .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-01-2004
Reported in : III(2005)ACC453; 2005ACJ592; (2004)3GLR1878
..... pleadings of the parties, the tribunal framed following issues at exh. 41 :(1) whether the applicants prove that the death of gunvantrai shanabhai pandya was caused by rash and negligent act of opponent no. 1 driving truck no. mxl-7897 on 27-2-1987?(2) whether the applicants are entitled for compensation? if yes, what should be awarded as a compensation ..... policy, a driver is covered, the insurance company is liable and the tribunal ought to have held the company liable.23. looking to the provisions of section 95 of the act and the policy, exh. 282, it is clear that the policy covers the risk of driver and cleaner and additional payment of rs. 16-00 was paid. in view of .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-22-2004
Reported in : (2004)3GLR2190; (2005)ILLJ79Guj
..... amount of gratuity payable to the respondent.2.2 after superannuation the respondent filed application no.5/99 before the controlling authority under the payment of gratuity act. the controlling authority allowed the said application and directed the petitioner bank to make payment of rs.2,30,880/- towards the amount of gratuity along with ..... of the third category, then his gratuity can be forfeited. the third category as mentioned in the said judgement is as under:'(3) serious misconduct such as acts of violence against the management or other employees or riotous or disorderly behaviour in or near the place of employment, which, though not directly causing damage, ..... respondent employee could not have been dismissed or his services could not have been terminated on the date of superannuation. therefore, provisions of the rules or the act are not attracted. in that view of the matter, on the date of superannuation the right of the employee was crystalised and therefore the employer cannot .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-29-2004
Reported in : AIR2005Guj191
..... be reflected in the next energy bill of the petitioner. in pursuance of the said communication, the petitioner preferred application u/s 26(6) of the electricity act, 1910 before the electrical inspector but the electrical inspector has not decided the said application and informed the petitioner vide communication dated 26-5-2004 to the effect ..... the petitioner as to whether the electrical inspector has power, jurisdiction or authority to decide the application of the petitioner made u/s 26(6) of the act is concerned, as referred to hereinabove, the provisions are explicitly clear and unambiguous. when there is dispute or defect as to correctness of the meter and the ..... under billed by not multiplying the reading shown in meter by multiplying factor. in this view of the matter, six months restriction imposition in section 26 of the electricity act, 1910 has no application...''8. in m/s. bharat barrel and drum .vs. the municipal corporation of greater bombay, air 1978 bom. 369, the division .....
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