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-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 : Feb-06-2007
Reported in : (2007)2GLR2155
..... prosecutrix was threatened with knife was belied by non-recovery of knife from the accused. the statement by prosecutrix that the accused had offered her rs. 20/- for the act shows intimacy between the parties. the conduct of husband of the prosecutrix was unnatural as he first asked the prosecutrix if she has called the accused and only then ..... were ordered and were brought in the room of the guest house and, therefore, eloquently, upon her own conduct, she is found to be a consenting party to whatever act which is alleged against the accused.16. in the case of state of karnataka v. mapilla p.p. soopi (supra), the supreme court has observed that the evidence on ..... 376(2) ipc are satisfied. the accused being a police constable at the relevant point of time is only an incidental fact which had absolutely no bearing on the act alleged against him. on the contrary, evidence has come on record that the relations between the two families were socially very thick and they had on number of occasions .....
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 : Feb-08-2007
Reported in : 2008ACJ1335; AIR2007Guj121
..... as defendants because the liability of the joint tort-feasors is joint and several. every wrong doer is liable for the whole damage and it does not matter whether they acted between themselves as equals. this court further held that the defendant who is compelled to pay the entire amount of damages decreed has a right to contribution from the other ..... respondent no. 3-insurance company (insurer of the jeep) has supported the award of the tribunal and submitted that since the claim petition was filed under section 166 of the act, the liability to pay compensation arises only upon proof of negligence and, therefore, once the negligence of the jeep driver was determined at only 40% the award of the tribunal ..... m.s. shah, j.1. this appeal at the instance of the claimants under section 173 of the motor vehicles act, 1988 is directed against the judgment and award dated 20.2.2006 of the motor accident claims tribunal, baroda in mac petition no. 691 of 1995 in so far as .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-09-2007
Reported in : (2007)2GLR1720
..... the same line the judgment is of no help to the petitioner. the said case was also for the proceedings before the debt settlement officer under gujarat rural debtors relief act, 1976. further, in the said case this court recorded, inter alia, at para 11 that no notice was issued by the debt settlement officer to the interested parties i.e .....
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 .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-13-2007
Reported in : (2007)2GLR2245
..... three appeals have been convicted for the offence punishable under section 8(c) read with section 20(b)(ii) of the narcotic drugs and psychotropic substances act, 1985 ('ndps act' for short) and all the accused persons have been sentenced to suffer r.i. for ten years and fine of rs. 1 lakh and in default ..... brought out from their evidence which would impeach their credibility.15. so far as the statutory provisions contained under section 42(1) of the ndps act is concerned, it deals with power of entry, search, seizure and arrest without warrant or authorization in a building, conveyance or enclosed place, between sunrise and ..... accused persons and they have repelled all those suggestions made to them with regard to the non-compliance of the statutory and mandatory provision contained under the ndps act as well as samples were not reached fsl intact in sealed condition. therefore, they withstood the test of cross-examination successfully. nothing substantial has been .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-14-2007
Reported in : (2007)3GLR2437
..... committing the offence and which is a step towards the commission of the offence. the moment he commences to do an act with the necessary intention, he commences his attempt to commit the offence.an attempt to commit a crime is to be distinguished from an intention to commit it; ..... short of, its actual commission or consummation/completion. it may consequently be defined as that which if not prevented would have resulted in the full consummation of the act attempted.thus, an attempt to commit an offence can be said to begin when the preparations are complete and the culprit commences to do something with the intention of ..... that the accused and the complainant are cousin and accused was staying with the complainant and serving with him and, therefore, it cannot be believed that such a heinous act can be committed by the accused. the trial court has not considered the said defence. therefore, according to her, the trial court has committed a serious error .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-20-2007
Reported in : (2007)3GLR2400
..... jagdish' is not per se registered and since only label is registered, the suit for infringement is not maintainable for which he has relied upon section 17 of the act. mr. trivedi has further submitted that word 'jagdish' is name of lord vishnu and is common in usage. he has relied upon the decision of the delhi ..... plaintiff will suffer irreparable injury. the learned trial judge has taken into account the fact that the plaintiff has already got the name registered under the trade marks act, 1999. the trial court came to the conclusion that looking to the goodwill and reputation of the plaintiff and considering the fact that the plaintiff is doing business ..... right in connection with the same. it is also the case of the defendants that they have already filed an application under section 57 of the trade marks act before the appellate authority for rectifications/cancellation of the plaintiff's trademark, which is pending for decision. on this and such other averments the aforesaid suit as .....
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