Court : Gujarat
Decided on : Nov-04-2006
Reported in : AIR2007Guj18; (2007)1GLR904
..... must be had to the substance of the agreement. to give exclusive possession there need not be express words to that effect; it is sufficient if the nature of the acts to be done by the grantee requires that he should have exclusive possession.the grant of an exclusive right to a benefit can, however, be inferred only from language which ..... (supra), the supreme court had observed that there would be no simple litmus test to distinguish a lease as defined in section 105, transfer of property act from a licence as defined in section 52 easement act, but the character of the transaction turns on the operative intent of the parties. to put it pithily, if an interest in immovable property, entitling .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-08-2006
Reported in : (2007)2GLR1211
A.M. Kapadia1. These two Criminal Appeals under Section 374 of the Code of Criminal Procedure ('the Code' for short) are directed against the judgment and order dated 25.11.2002 rendered in Sessions Case No. 420 of 2002 by the learned Additional Sessions Judge, Fast Track Court, Patan, by which the appellants ('accused' for short) of both these appeals have been convicted for the offences punishable under Sections 365, 376(2)(g) and 395 of the Indian Penal Code ('IPC' for short) and sentenced to suffer R.I. for 4 years and fine of Rs. 500/- i.d., S.I. for three months for the commission of the offence punishable under Section 365 IPC, R.I. for 10 years and fine of Rs. 1,000/- i.d., S.I. for six months for the commission of the offence punishable under Section 376(2)(g) and R.I. for 5 years and fine of Rs. 1,000/- i.d., S.I. for six months for the commission of the offence punishable under Section 395 IPC. It is also ordered that all the substantive sentences shall run concurrently.2. T...
Tag this Judgment!Court : Gujarat
Decided on : Jul-31-2006
Reported in : [2007]293ITR176(Guj)
..... recorded in the account books the same should have been deemed to be the income of the assessee for such financial year. referring to section 69a of the income tax act, she submits that from the plain language of section 69a it would be clear that the income is required to be added in the income of the assessee for the ..... financial year in which the property was found.4. on the other hand, learned counsel for the assessee submitted that in the present matter section 69a of the act would not apply because the assessee had offered an explanation and the explanation was accepted by the authorities.5. section 69a of the income tax ..... act, 1961 reads as under :69a. where in any financial year the assessee is found to be the owner of any money, bullion, jewellery or other valuable article and such money, .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-01-2006
Reported in : (2006)205CTR(Guj)577; [2007]288ITR101(Guj)
..... business of construction, manufacture or production of any article or thing not being an article or thing specified in the list in the eleventh schedule to the income tax act. the division bench observed that, 'data processing' or 'computer' is not mentioned in the eleventh schedule. (it is to be noted that pathological report is ..... has observed that a pathological laboratory if installs certain plant and machinery then they would not be entitled to investment allowance under section 32a of the income tax act.5. on the other hand, learned counsel for the assessee, placing reliance upon the different judgments of this court, other high courts and the supreme court, ..... was unjustified in holding that the assessee, a trust, which is running a pathological centre, would be entitled to investment allowance under section 32-a of the act on the new machinery installed in the clinic.4. learned counsel for the revenue, placing her strong reliance upon the judgment of the andhra pradesh high court in .....
Tag this Judgment!Court : Gujarat
Decided on : May-03-2006
Reported in : (2007)2GLR1735
..... cause of action for the purpose of questioning the constitutionality thereof in any high court of the country. a cause of action will arise only when the provisions of the act or some of them, when implemented, shall give rise to civil or evil consequences to the petitioner.the consequences of the order of reduction of pay would fall on the .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-09-2006
Reported in : (2006)3GLR2007
..... the petitioner. the petitioner need not point out any independent prejudice because of delay in disciplinary proceedings. there are no averments in the memo of reply affidavit pointing out any act or omission on the part of the petitioner resulting in prolonging the disciplinary proceedings. it is true that the petitioner was not in any way responsible for such an inordinate .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-27-2006
Reported in : (2007)1GLR650
..... discretionary, equitable jurisdiction of this court under article 226 of the constitution of india.18. the district collector while passing the order dated 17.3.1998 has acted upon the pendency of the proceedings of sca no. 6539 of 1997, the orders passed by division bench of this court and the factum of withdrawal or ..... justice and, therefore, the order of the state government is illegal. he submitted that the district collector has not at all independently applied the mind and has simply acted upon the subsequent order of the state government and, therefore, the order of the district collector would be rendered arbitrary and, therefore, the order of the state ..... government as well as of the collector, whereby the earlier instructions for allotment of the land are cancelled by the state government and the district collector has acted upon such instructions. it is also prayed by the petitioner in the petition that the respondent be directed to implement its earlier order dated 23.7.1997 .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-10-2006
Reported in : II(2007)DMC195; (2007)2GLR1272
..... domestic interaction. there is not an iota of evidence, leave alone any reliable or trustworthy evidence, to the effect that there were any acts of cruelty, either physical or mental, committed by the accused upon the deceased, which could have led her or instigated her to commit suicide. neither is there any evidence on ..... husband of the deceased and there is no evidence to the effect that the husband of the deceased has succumbed to the alleged instigation by the accused and committed any act of cruelty on the deceased. moreover, it seems that the quarrel between the deceased and the accused was nothing more than the usual wear and tear in the course of .....
Tag this Judgment!Court : Gujarat
Decided on : May-01-2006
Reported in : 2007CriLJ384
..... was closed which she pressed open and she found her daughter lying naked on the cot and accused was lying over her. so, she had witnessed the actual act and thereafter after a lapse of some hours, complaint came to be lodged. after evaluating evidence of witnesses examined by the prosecution, the high court acquitted the ..... had also described the place of commission of offence i.e. behind the iron cabin lying near kirodimal pulse mill. thereafter only the police had started investigation. the act of psi mr. parmar of going to the hospital from the police station, can not be said to be commencement of investigation. on the contrary, if entry ..... girl, he recorded fir. after registering the offence, the police investigated the crime and it is the say of the prosecution that the person who committed the offending act described as a person wearing red bushirt, is the person accused. the accused was also sent for medical examination.3. on completion of investigation, the police chargesheeted .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-19-2006
Reported in : 2007ACJ2750; (2007)1GLR890
Akil Kureshi, J.1. The appeals are admitted. Learned advocate Mr MTM Hakim waives notice of admission of the appeals for the claimants in each appeal. Since issues arising are primarily between the appellant-Insurance Company and the claimants, it is not necessary to hear the owner/driver of the offending vehicle. At the request of the learned advocates appearing for the parties, the appeals are taken up for final disposal today.2. These appeals have been filed by the Oriental Insurance Co. Ltd. challenging a common judgment and two separate awards dated 29.4.2006 passed by the Motor Accident Claims Tribunal (Aux.), Vadodara in MAC Petition Nos.760 and 1878 of 1998.3. On 17.1.1998 while one Shri Timirbhai Shah, his wife Shilpaben Shah and minor son Vatsal were travelling in a maruti car going from Karjan to Vadodara, their car met with an accident. The car was hit by a matador bearing registration No. GJ-17-T 1393. The matador in question was insured by the appellant-Insurance Company....
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