Court : Gujarat
Decided on : Aug-29-2007
Reported in : 2008CriLJ962; (2007)3GLR2697
..... evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused.20. in the instant appeal, there are no eye-witnesses to the crime and the case rests on circumstantial evidence alone. ..... regard, the observations of the supreme court in aghnoo nagesia v. state of bihar : 1966crilj100 are pertinent and are extracted below:9. section 25 of the evidence act is one of the provisions of law dealing with confessions made by an accused. the law relating to confessions is to be found generally in sections 24 to 30 ..... , has come to the conclusion that extrajudicial confession made by the accused to a police officer is not admissible in evidence as provided by section 25 of the evidence act, 1872. the trial court, has therefore, come to the conclusion that the chain of evidence incriminating the accused is not complete and has recorded a finding of acquittal .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-12-2007
Reported in : [2008(116)FLR25]; (2008)ILLJ400Guj
..... universal application if it is considering some different provisions of law. the judgment in the matter of sriram industrial enterprise ltd. (supra), was in relation to u. p. act and indulgence of their lordships of the supreme court was not craved to decide the question that what would be the effect of the word 'preceding 12 calendar months.'12 ..... court referring to the judgment of the supreme court in other matter observed that exclusion of the word 'preceding' from section 2-g of u.p. industrial disputes act indicated that a workman in order to prove; that he was in continuous service may prove that he had worked continuously for a period of 240 days in any calendar ..... within a period of 12 calendar months preceding the date of his removal/illegal retrenchment, he has worked for 240 days.7. section 25-b of the industrial disputes act defines continuous service. if section 25-b as understood by the courts and as explained by the supreme court, is taken in its true legal sense, then, there .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-25-2007
Reported in : (2008)1GLR232
..... in 2005 permission to put up construction was obtained from bardoli municipality. the petitioner-trust made an application under section 36 of the bombay public trusts act, 1950 (the act), and it is the say of the petitioner that at the time of filing application the old dilapidated building was standing on the land. after moving ..... construction already put up, and further the petitioner would have to incur expenses for removal of the supers tructure before applying afresh under section 36 of the act. moreover, it was contended, that the condition imposed by the joint charity commissioner that the property must be restored to its original state was an impossible ..... expenses towards construction has been negatived by the authority. the authority has also found that even during the course of proceedings under section 36 of the act the trustees have handed over possession of the property for putting up construction and such possession had been handed over prior to any decision being taken by .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-25-2007
Reported in : (2008)2GLR943
..... deterrence while imposing punishment so that the courts may not become too much lenient while awarding punishment when the offence punishable under the provisions of the said act being sensitive aspect concerning the entire society. we have worldly commitment to curb illicit trafficking, storing, selling, manufacturing, etc. so far as the narcotic ..... judgment, impose a fine exceeding the fine for which a person is liable.(3) xxx xxx xxx11. the above scheme provides for enhanced punishment under this act on second/subsequent conviction, i.e., the second conviction or on third conviction, the court is supposed to impose enhanced punishment and that punishment must be ..... found guilty in the subsequent offence also. the court also cannot impose simple punishment. imposition of rigorous imprisonment is mandatory under section 31 of the said act, but the presiding judge is left and is conferred with the jurisdiction to determine the period of such enhanced punishment. it would be beneficial to .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-05-2007
Reported in : (2007)1GLR686; LC2007(1)269; 2007(35)PTC571(Guj)
..... from using the word 'bhagat' in its business, service, goods, products including all types of 'dhana ni dal' and allied products falling under the trade marks act, the defendants are permitted to clear up existing material with a clear understanding that, thereafter, they will not carry out their business by using the word 'bhagat' ..... and their reputation. it is also the case of the defendants that the defendants are registered proprietors of the suit label trade mark pouch under the trade marks act, 1999 and, therefore, no infringement action would lie against the registered proprietors. on this and such other grounds, the suit of the plaintiffs is resisted by ..... adopting, using, in relation to any of its business, service, goods, products including all types of 'dhana ni dal' and allied products falling under the trade marks act, trade mark no. 536230 and 668188 and/or deceptively similar marks, names, words, which would pass off or enable others to pass off the defendants' goods or .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-08-2007
Reported in : (2007)2GLR2180(GJ)
..... simply on the ground that some notice was issued by the said authority. rule 131 of the bombay cinema rules would clothe authority with jurisdiction if the authority acts in accordance with rule 131. in the present, the authority had chosen to issue notice proposing suspension of the license and if that was the foundation of ..... tribunal.4. when a provision is already declared unconstitutional or the constitutionality of any provision is to be challenged, a suit is open. 5. where the particular act contains no machinery for refund of tax collected in excess of constitutional limits or illegality collected, a suit lies.6. questions of correctness of the assessment apart ..... license in favour of anybody, but had simply changed the management and under the circumstances, he had not committed any wrong, nor had violated any provision of the act or the rules. the licensing authority did not feel convinced by the reply, therefore, vide order dtd.30/5/1986 (exh.35) directed cancellation of the license .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-15-2007
Reported in : AIR2007Guj172; 2008GLH(1)665; (2008)1GLR171
..... creditor for the enforcement of security interest, credit in the secured assets. the petitioner bank has also submitted in the said application that chapter-iii of the act provides enforcement of security interest. section 13 provides enforcement of security interest and section 17 provides remedy to the aggrieved person by virtue of initiation of action ..... rights of the secured creditor. the court has also dealt with the issue regarding possession of secured assets of borrower under section 13(4) of the npa act, which comprehends the power to take actual possession of the immovable property. while reversing the high court judgment, the court held that the high court was not ..... any injunction against the petitioner bank,10. mr. parikh has further submitted that the learned jt, civil judge has not properly appreciated the provisions of the act as the said provision shall have overriding effect with regard to the subject matter of the suit being regular civil suit no. 647 of 2004 as well .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-09-2007
Reported in : (2007)1GLR865
..... . v. anu lamba and ors. reported in : air2006sc3074 , has observed as under :constitution of india, 1950articles 14 and 16 - employment exchanges (compulsory notification of vacancies) act,1959 - temporary appointments - right to be regularized in services - judicial intervention - scope - appellant institution undertaking a community polytechnic project under the scheme framed by the central government ..... drugs & pharmaceuticals ltd. v. workman, indian drugs & pharmaceuticals ltd. reported in 2006 air scw 5994., the apex court has observed as under:(a) industrial disputes act (14 of 1947), sch.2, item 6 - temporary workmen claim for regularization of service - appointment of temporary workmen was without following statutory rules - they had no ..... of contract. held that, such retrenchment would come within the purview of section 2(oo)(bb) of the industrial disputes act. once the period of contract was fixed and the same was done keeping in view the nature of job, it cannot be said that the .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-12-2007
Reported in : AIR2007Guj188; (2007)3GLR2349
..... the statutory intent since the heading always serves as a guide to depict the intention.here also, the petitioners have failed to establish that there has been some voluntary act on part of the creditor, i.e. the respondent no. 1 _ bank which resulted in loss of the hypothecated goods.12. in the two judgments of this ..... discharged. the petitioners have failed to lead any evidence which would show what was the duty of the creditor which the creditor failed to perform, or that the creditor acted in a manner, which resulted in the petitioners losing the eventual remedy against the borrower. nothing has been brought on record to show what was the eventual remedy ..... to the petitioners, the security which was available with creditor bank had been lost and hence, in terms of provisions of sections 139 and 141 of the indian contract act, 1872 the petitioners, as sureties, were required to be discharged. it was submitted by mr.jani that the board of nominees has failed to record a specific finding .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-10-2007
Reported in : 2008CriLJ1467
..... police had investigated the crime for the offence punishable under section 307 read with section 34 of the indian penal code and under section 135 of the bombay police act against the two accused persons, viz., the present appellant, bhikhubhai vastabhai and one devkubhai lakhabhai. after the investigation, both the accused were charge-sheeted and on ..... deadly weapon like sword and assaulted witness gogan ram. by doing so by you both the accused have committed an offence punishable under 135 of the bombay police act and this court has jurisdiction to try you accused for the aforesaid offences.9. as mentioned earlier, the original accused no. 2 has been acquitted and the ..... present appellant-accused is not found guilty of the charge of offence punishable under section 504 or the offence punishable under section 135 of the bombay police act. the appellant-original accused no. 1 is also not found guilty of the charge of offence punishable under section 307 but he has been held responsible .....
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