Court : Gujarat
Decided on : Nov-30-2007
Reported in : [2008]142CompCas626(Guj); 2008GLH(1)70
..... that the accused persons have wilfully and deliberately neglected to file the statement of affairs with him and thereby they have committed default under section 454(5) of the companies act, 1956. all the accused persons are, therefore, required to be prosecuted.3. this court has issued process on september 6, 2000. vide order dated january 20, ..... director. she has not attended to a single board meeting after her resignation and, therefore, even by virtue of provision of section 283(1)(g) of the companies act, 1956, she was deemed to have vacated her office of directorship. she has further stated that the statement of affairs was already filed and hence, the criminal ..... position that two of the directors at the relevant date have already filed statement of affairs as required under sub-section (1) of section 454 of the companies act, 1956 and hence, other directors have been deemed to have been relieved from the obligation to file the statement of affairs. if any queries in respect of the .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-30-2007
Reported in : [2008(117)FLR819]; (2008)2GLR1153; (2008)IILLJ396Guj
..... that the same are perverse, this court cannot interfere with the same. even if the two views are possible, this court cannot substitute the same and cannot act as an appellate authority while exercising such powers. mrs. pahwa, learned advocate for the petitioner has not been able to point out any jurisdictional error and/or ..... become fatal to the reference. as no limitation has been prescribed in the id act, 1947 for raising of an industrial dispute, it has to be raised within reasonable period. labour court has no jurisdiction to dismiss the reference on the ground ..... this court about delay on the part of the workman in raising of an industrial dispute becoming fatal to the reference, considering the provisions of the industrial disputes act, no limitation has been prescribed in the statute for raising of an industrial dispute. merely because the dispute is raised belatedly, after some period, that cannot .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-06-2007
Reported in : AIR2008Guj51; 2008GLH(1)270
..... the order dated 17.5.2007, passed by the respondent no. 1, placing the petitioner under suspension under the provisions of section 59(1) of the gujarat panchayats act 1993 ('the act' for short) and, further, to quash and set aside the order dated 27.9.2007, passed by the respondent no. 2, whereby the appeal of the ..... in the commission of the alleged offences which amounted to moral turpitude, passed an order on 17.5.2007, under section 59(1) of the gujarat panchayats act, 1993, ('the act' for short) suspending the petitioner as sarpanch of the gram panchayat with immediate effect. a copy of the order dated 17.5.2007 is annexed as annexure ..... two sections are independent proceedings, having different objects and all that is required for the competent authority to pass an order of suspension under section 59 of the act is whether a criminal case is instituted against the sarpanch for an offence involving moral turpitude and whether the sarpanch is in judicial custody or not. according to .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-12-2007
Reported in : [2009]310ITR88(Guj); [2009]176TAXMAN156(Guj)
..... assessee himself that the tribunal was right in law and on fact in directing the department to allow deduction under the provisions of section 80-i of the income-tax act, as more than twenty persons were working under control of the assessee in the industrial undertaking of the assessee.looking to the law laid down in the case of cit .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-12-2007
Reported in : 2008GLH(1)310; (2008)2GLR1064
..... attention to para 9 of the said judgment. as is evident from the said paragraph, this court having regard to the facts of that case, taking note of the various acts of serious misconduct, found that no prejudice was caused to the delinquent officer. in para 19 of the judgment in punjab national bank case extracted above, when it is clearly .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-13-2007
Reported in : 2008GLH(1)220
..... confined for a particular project, then, same would not attract the provisions of section 2(oo)(bb) of the id act, 1947. similarly, labour court has also rightly observed having contradictory stand of petitioner from the very beginning and subsequent extension vide exh. 49 and 50 which ..... benefit by creating disadvantageous situation for the workman and also to disentitle him or defeat his rights and protection available under the mandatory provisions of the id act, 1947. therefore, if the employer is unable to justify issuance of such periodical or temporary orders of appointment or the orders of fixed term appointment ..... employee under section 2(oo), namely, in the case of a `retrenchment' vis-a-vis the consequential benefits contained under section 25f of the industrial disputes act. therefore, when such extraordinary circumstances are brought out in the matter of employment and termination is resorted to by taking umbrage under section 2(oo)(bb) .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-27-2007
Reported in : 2008CriLJ1851; (2008)2GLR1118
..... to have that result, must be such as temporarily deprives the person provoked of the power of self control, as the result of which he commits the unlawful act which causes death.... the test to be applied is that of the effect of the provocation on a reasonable man, so that an unusually excitable or pugnacious individual ..... malice, which is the formation of an intention to kill or to inflict grievous bodily harm, is negatived. provocation in law consists mainly of three elements: (i) the act of provocation; (ii) the loss of self-control (iii) the retaliation proportionate to the provocation.'20. it has been observed in mancini v. director of public prosectuions ( ..... subject to such a provocation as to cause a reasonable man to do what he did and secondly, whether the provocation was such that it influenced him so to act.19. the word 'provocation' according to oxford dictionary means an action, insult, etc. held to be likely to provoke physical retaliation lord viscount simon has observed .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-27-2007
Reported in : (2008)1GLR903
R.H. Shukla, J.1. The present appeal is directed against the judgement and order dated 7.10.1998 passed by the learned Additional Sessions Judge, Ahmedabad (Rural), Mirzapur, Ahmedabad, in Sessions Case No. 116 of 1994 recording the conviction of appellant original accused No. 1 (husband) for the offence under Section 302 and 498A of the Indian Penal Code imposing sentence of imprisonment for life and imposing a fine of Rs. 10,000/- and in default to undergo rigorous imprisonment for six months. In view of the sentence imposed for offences under Section 302 of the Indian Penal Code, no separate sentence has been awarded for offence under Section 498A of IPC. The learned Sessions Judge has acquitted original accused No. 2 (mother-in-law) of the charges for both the offences.2. The short facts of the case stated are that the appellant-original accused No. 1 is the husband of the deceased and accused No. 2 is mother-in-law. The case of the prosecution is that the deceased Sahanazbanu was ...
Tag this Judgment!Court : Gujarat
Decided on : Dec-28-2007
Reported in : 2008GLH(1)93
..... witness and other facts stated during the course of the cross-examination makes the presence of this witness doubtful at the spot of the incident immediately after the act of the alleged assault. of course, this witness has denied the suggestions made by the defence counsel as to the circumstances in which the accused side had ..... members of the two deceased accused as two young persons had lost their lives in the incident in question. that under some sympathy, the police may not have acted ruthlessly to recover dhariya from the accused. when the witnesses who were injured witnesses, were able to prove the offence satisfactorily, the prosecution may not examine all witnesses ..... all the charges levelled against them except for the charge of offence punishable under section 504 of i.p.c. and section 135[1] of the bombay police act. all the accused persons have been sentenced to undergo rigorous imprisonment for 3 years for the charge of offences punishable under sections 143, 147, 148 and 149 .....
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