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 : 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 : 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 : Jan-11-2007
Reported in : (2007)2GLR2298
..... that if a building is constructed illegally or in an unauthorised manner, action can only be taken against the person who is doing the unauthorised act or illegal act but after the construction of the building is passed over to others, the construction of the building enjoys immunity from any action in respect of ..... submitting that notice under section 478 was absolutely legal, construction made by the present respondent [plaintiff] was illegal, without any permission under section 254 of the act and as such, the present appellant-municipality was entitled to issue notice requiring the plaintiff to remove the said illegal and unauthorized construction. 4. as the ..... submitting, inter alia, that the two courts below did not properly appreciate the provisions of sections 254, 260 and 478 of the bombay provincial municipal corporations act, 1949.3. short facts necessary for proper disposal of the matter are that the present appellant's officer, on inspection, found that the respondent, an .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-11-2007
Reported in : (2007)2GLR2238
..... complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the appellant. the circumstances established show that in all human probability, the act of murder of the deceased has been done by the appellant and the appellant alone.17. on consideration of the cumulative effect of all the proved facts, this ..... 1998 giving rise to the instant appeal. it may be mentioned that the acquittal of the appellant under section 3(1)(10)(11) and 12 of the atrocities act is not challenged by the state in a separate appeal and that has become final.6. ms.nita banker, learned counsel for the appellant argued that though the ..... . however, the appellant was acquitted of the offence punishable under section 3(1)(10)(11)(12) of the scheduled castes and the scheduled tribes (prevention of atrocities) act,1989. it may be stated that the learned judge has directed that the sentence imposed on the appellant shall run concurrently and the appellant shall be entitled to the .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-12-2007
Reported in : (2007)3GLR2625
..... defendant-municipality. the plaintiffs again contested their liability and did not choose to pay the money. thereafter, an order under section 132(2) of the gujarat municipalities act, 1963 (sthe act for short) was made; a notice of payment was issued to the plaintiffs; and, the plaintiffs, being aggrieved by the said demand notice, filed the above ..... the starting point of limitation, any subsequent notice/demand notice or bill would not arrest running or starting of the limitation. 6. section 132 of the gujarat municipalities act, relevant for the purpose of this appeal reads as under:section 132. presentation of bill for taxes.- (1) when any amount,-(a) which by or under ..... for hearing the parties on the following substantial questions of law:(1) whether the suit is barred by limitation as provided by section 153 of the gujarat municipalities act?(2) whether the civil court has no jurisdiction to try this suit?(3) whether the suit is not maintainable?(4) whether the demand notice dated 11- .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-15-2007
Reported in : (2007)3GLR2449
..... such, the petitioner could not be held answerable to any coercive action. it was further submitted that section 5 of the mines and minerals [development and regulation] act, 1957 ['act of 1957' for short] shall also not apply to the present petitioner, because, the petitioner is not quarry owner, lease owner, nor is having any ..... is not in dispute before me that the material excavated from the storage tank site falls within section 3[e] of the mines and minerals [development and regulation] act, 1957. the said definition provides that 'minor minerals' means building stones, gravel, ordinary clay, ordinary sand other than sand used for prescribed purposes, and any other ..... the petitioner to use the material even before entering into formal contract of construction of bund. this court is unable to understand that why officers of gsfc acted in such nasty manner less realizing that they were occupying office of the gsfc for saving public money as a responsible person. 36. during course of the .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-16-2007
Reported in : (2007)2GLR1278
..... 29. in view of the aforesaid discussion, all the petitioners were well within their rights to pursue the application for exemption under section 20(1) of the act to the extent of their respective rights as found hereinabove. as such, the government has considered the application as being maintainable. not only that, but the ..... government while exercising the power under section 20 of the ulc act has granted exemption to the extent of permissibility of exercise of power. if the allotment is already made pending the proceedings of exemption and if the government ..... the original holding or allotment and the rights for proportionate compensation as may be available as per the provisions of the gujarat town planning and urban development act may be pursued in accordance with law separately.33. the state government in consultation with the concerned t.p. authority and/or the ulc authority and/ .....
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 : Jan-19-2007
Reported in : AIR2007Guj100; 2007(3)ARBLR495(Gujarat)
..... appoint an arbitrator, suffice it to state that once the petitioner had called upon the respondent authorities to exercise the said right, it was incumbent upon the respondent authorities to act in that regard within a period of 30 days. having failed to do so, as stated by the apex court in the case of punj lloyd ltd. (supra) a ..... following averments made in the affidavit-in-reply.it is submitted that there is no provision of fixed tenure in the arbitration cases where the arbitration act 1996 is applicable. in the present case arbitration act 1996 is applicable. therefore, the say of the petitioner that the term of the present arbitrator has come to an end is not true. it ..... falling under section 11(6) are concerned -such as the one before us-no time limit has been prescribed under the act, whereas a period of 30 days has been prescribed under section 11(4) and section 11(5) of the act. in our view, therefore, so far as section 11(6) is concerned, if one party demands the opposite party .....
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