Court : Gujarat
Decided on : Mar-01-2007
Reported in : IV(2007)BC65; 2007CriLJ2318; (2007)2GLR2100
..... person needlessly....15. the trial court shall, therefore, carry out proper verification before issuing summons in a criminal case under section 138 of negotiable instruments act. while registering the complaint, the following verifications are required ;[1] the verification of a complaint on oath by the complainant is the first important ..... quashed and set aside. rule is made absolute accordingly.13. before parting, it is required to be noted that the law of negotiable instruments act has been necessitated because of malpractices prevalent in our society pertaining to commercial transactions through financial instruments. it is absolutely necessary to see the statement of ..... cheques, which came to be dishonoured. therefore, after issuance of notice, he has filed the said three complaints under section 138 of the negotiable instruments act. in these petitions, the petitioner have prayed to quash those complaints.4. dr. amee yajnik, learned advocate for the petitioner submitted that there is .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-30-2007
Reported in : 2009GLH(2)9
..... trial judge has rightly convicted the appellant for the offences punishable under sections 498a and 306 ipc as well as section 3 of the dowry prohibition act and the judgment rendered by the learned trial judge requires to be upheld. the learned additional public prosecutor submitted that in view of the evidence on ..... the entire link connecting the appellant with the commission of offence under sections 498a and 306 of ipc as well as under section 3 of the dowry prohibition act and, therefore, the learned judge has rightly convicted the appellant for the commission of the said offences. the learned additional public prosecutor submitted that the discrepancies ..... the prosecution, the learned judge convicted the appellant for the offences punishable under section sections 498a and section 306 ipc and section 3 of the dowry prohibition act.9. learned advocate mr. d. d. vyas representing the appellant submitted that the complaint was filed by pw-1 dhulagiri gumangiri goswami after around two .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-19-2007
Reported in : (2007)2GLR1697
..... for the offences punishable under sections 304b and under section 498a of the indian penal code ('ipc' for short) and under section 4 of the dowry prohibition act, 1961 ('the act' for short) and sentenced to suffer r.i. for ten years for the offence under section 304b ipc, r.i. for two years and fine of ..... of the accused and distant relativeof p.w.3 devjibhai nagjibhai thumar13 vasudevbhai vasantrai thakar, neighbour 60 361of the accused and advocate14 uday narendra malavi (police), retired act, 63 369visiting i.o.15 laxmansinh kesharsinh chudavat, police, 65 379investigating officer5.10. the prosecution has also produced a number of documents and relied upon the contents ..... the investigating officer filed charge-sheet against the accused for commission of the offences under sections 302, 498a and 114 ipc and sections 4 and 5 of the act in the court of learned metropolitan magistrate, ahmedabad.5.7. as the offence under section 302 ipc is exclusively triable by the court of sessions, the .....
Tag this Judgment!Court : Gujarat
Decided on : May-14-2007
Reported in : (2007)3GLR2716
..... and demolished the property. shri bhavan desai and other staff called mobile police which came and went away. the complaint given to the police at navrangpura was never acted upon. the accused have taken law into their hands and used muscle power against the complainant.18.9. the wife of harish shah informed about the incident immediately ..... judge, who allowed the same on the objection raised by the accused based upon section 197 cr.p.c. and also section 161(1) of the bombay police act, which creates a bar of limitation of one year. the revision preferred by the complainant against the order of discharge was allowed by the high court on the ..... the superintendent of police and deputy superintendent of police alleging commission of several offences under the indian penal code and also under section 147g of the bombay police act. the metropolitan magistrate took cognizance of the offence and issued process to the accused, who on appearance filed a petition for discharge on the ground that no .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-01-2007
Reported in : 2007CriLJ2163; (2007)3GLR1889
..... undergo simple imprisonment for one month. so far as the offence punishable under section 5(1)(d) read with section 5(2) of the prevention of corruption act (old act) is concerned, the substantive sentence is reduced to rigorous imprisonment for one month and a fine of rs. 5000/-. as the appellant has already paid an ..... . there was no statutory obligation on the part of the learned trial judge to impose punishment of particular period. no minimum punishment was prescribed under the act (old act). so the period of substantive sentence imposed by the learned trial judge should be held to be a harsh and unwarranted period of sentence and therefore, ..... the notice to show cause which was issued by the appellant as revisional authority. having considered the relevant provisions and basic scheme and structure of the ceiling act and the reasons assigned in invoking suo motu revisional jurisdiction, it is possible to infer that as such there was no scope for initiating such proceedings. undisputedly .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-07-2007
Reported in : 2008GLH(1)475; (2008)1GLR239
..... the petitioners for the alleged commission of offences punishable under sections 4 and 5 of the pre-conception & pre-natal diagnostic techniques (prohibition of sex selection) act, 1994. the petitioners have challenged the aforesaid complaints on various grounds.3. learned advocate for the petitioners submitted that as far as non-filling up of certain ..... .6. learned advocate for the respondent authorities opposed the petitions and submitted that the petitioners have failed to fill up the forms as required under the act, and therefore, there is prima facie case against the petitioners and this court may not interfere in the present petitions.7. having heard the rival contentions ..... person the sex of the foetus by words, signs, or in any other manner.6. determination of sex prohibited: on and from the commencement of this act-(a) no genetic counselling centre or genetic laboratory or genetic clinic shall conduct or cause to be conducted in its centre, laboratory or clinic, prenatal diagnostic .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-23-2007
Reported in : (2009)22VST569(Guj)
..... reported decision.20. in british physical lab. india ltd. v. state of karnataka and anr. (supra), notifications under section 8a of karnataka sales tax act prescribing preferential rates of concession for dealers of locally manufactured television sets and components, were issued. those notifications were quashed by the high court. thereupon, ..... 2000 whereas the finance department issued resolutions dated july 19, 1996 and july 24, 1997, announcing the corresponding incentive scheme under the gujarat sales tax act, 1969. the petitioner has claimed that it received provisional premier registration certificate on february 1, 1999 whereas it was granted an ad hoc eligibility ..... each stage of manufacturing commencing from diaszotization 1st coupling tetrazo, 2nd coupling, 3rd coupling, isolation, slurry preparation and spray drying. section 15b of the act provides that purchase tax will be levied upon the goods, which have been used by a dealer within the state as 'raw material' or 'processing .....
Tag this Judgment!Court : Gujarat
Decided on : May-02-2007
Reported in : [2007(115)FLR882]; (2007)2GLR2140; (2008)ILLJ701Guj
..... case where the tribunal refuses to accord approval to the action taken by the employer and rejects the petition filed under section 33(2)(b) of the act on merits, the employer is bound to treat the employee as continuing in service and give him all the consequential benefits. if the employer refuses to grant ..... seeking adjournments after adjournments since 15.7.2003.4. learned counsel mr. mishra, appearing for the petitioner, relied upon the provisions of section 33 of the act to submit that the termination of service was ex facie in violation of those provisions since, admittedly, the dispute of the petitioner was admitted for conciliation on ..... petition in january 2003, interim relief was refused and an application for wages on the basis of the provisions of section 17b of the industrial disputes act, 1947 (for short, 'the act') was also rejected. therefore, after several applications for that purpose, learned counsel for the petitioner has insisted for early final hearing of the petition. .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-22-2007
Reported in : 2008GLH(1)34
..... was in service and when his services were terminated and therefore used the words 'full wages last drawn.10. it may be noticed that section 17bof the act does not preclude the high courts or this court under article 226 and 136 of the constitution respectively from passing appropriate interlocutory orders, having regard to the ..... to serve copy of such affidavit to the petitioner herein.learned advocate mr. mehta has submitted that according to the provisions of section 17b of the industrial disputes act, 1947, the petitioner is prepared to pay the full wages last drawn by the respondent workman. however, considering the merits of the matter, when there is ..... freedom from starvation. the ratio of fakirbhai (supra) read with jaipur jilla (vide supra) unequivocally declares that all such workmen concerned under section 33 of the id act shall not starve but shall have to live to outlive the litigation.12. matter at issue has been examined by this court in mehsana district coop. milk producers .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-13-2007
Reported in : (2007)3GLR2336
..... matters relating to, and disposition of delinquent juveniles, the juvenile justice act, 1986 was enacted by parliament. thereafter, parliament has thought it expedient to re-enact the existing law relating to juveniles bearing in mind the standards ..... this connection, it would be appropriate to have a close look at the relevant statutory provisions contained in the juvenile justice (care and protection of children) act, 2000. for the avowed object of providing the care, protection, treatment, development and rehabilitation of neglected or delinquent juveniles and for the adjudication of certain ..... 166 inquest panchnama of dead body. 197 ravangi nondh. 208 fsl report. 219 panchnama of scene of offence. 2510 panchnama under section 27 of evidence act.2711 map of place of offence. 4512 original complaint of cr no. 97/2000. 5013 original complaint. 5114 mark - b opinion letter of medical .....
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