Court : Gujarat
Decided on : Feb-21-2007
Reported in : I(2008)DMC240
..... he submitted that the hon'ble the apex court in paragraph no. 12 has in terms recorded that, 'this provision was introduced by criminal law (second) amendment act, 1983 with effect from 26-12-1983 to meet a social demand to resolve difficulty of proof where helpless married women were eliminated by being forced to commit suicide ..... that if the entire judgment of the learned sessions judge is perused, it is clear that the learned sessions judge was not mindful of section 113a of the evidence act. he submitted that, 'the legislature has provided that there has to be a presumption of abetment of suicide by a married woman'. he submitted that whenever there ..... of that thing.11. there is no direct evidence adduced of the accused-appellant having abetted seema into committing suicide. the prosecution has relied on section 113a of evidence act which reads as under:113a. presumption as to abetment of suicide by a married woman. - when the question is whether the commission of suicide by a woman had .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-22-2007
Reported in : (2007)2GLR2204
..... mehsana district co-operative milk producers union limited (the union) is a specified society as defined under section 74c of the gujarat co-operative societies act, 1961 (the act). the petitioner was one of the directors elected along with others to the board of directors (the board) on 05.03.2005. at the ..... multi-state society, the applicant believes that no proceedings could have been instituted against the applicant-opponent herein under the provisions of the gujarat cooperative societies act, 1961 and, therefore, the applicant submits that the application raising the preliminary point as to the jurisdiction and the authority to institute proceedings for ..... milk producers' union limited (hereinafter referred to as 'the union') has been granted registration by the central registrar under the multi-state co-operative societies act or not. however, the submission was made since the society is a multi-state cooperative society having operational activities from within the state of gujarat .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-23-2007
Reported in : 2007CriLJ2254
..... place where he has kept xerox machine, ink and papers used for preparing fake currency notes and, therefore, discovery panchnama under section 27 of the indian evidence act was drawn. the prosecution, therefore, relied upon the evidence of those panchas.10. in this connection, the prosecution has examined and relied upon the oral testimony ..... materials like ink, paper, etc. and bundles of fake currency notes were seized and, therefore, discovery panchnama was prepared under section 27 of the indian evidence act and in these circumstances there is no reason to discard that piece of evidence. all the panchas have supported the prosecution case. it is only a coincidence ..... duplicate currency notes can be printed. p.w.5, therefore, immediately called other two panchas for drawing discovery panchnama under section 27 of the indian evidence act and before the two panchas also a-1 confessed and also agreed to show the place where the xerox machine and other instruments including papers, ink, etc .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-28-2007
Reported in : (2008)1GLR392
..... in air 1961 sc 1316 held that when the plaintiff withheld important document without any proper explanation the presumption under section 118 of the n.i. act against the defendant stood discharged. in the instant case also though the complainant has stated time and again that books of accounts were maintained but the ..... complainant against any enforceable debt or liability. shri patel has invited this court's attention to the provision of section 10 of the bombay money lenders act 1946 and submitted that the suit or proceedings initiated by the money lenders without the license are not maintainable and therefore the complaint which is filed ..... of the respective parties.2. the applicant / original complainant has filed the criminal misc. application no. 10617 of 2006 under section 5 of the limitation act, seeking condonation of delay occurred in preferring criminal miscellaneous application no. 10043 of 2006 seeking restoration of criminal miscellaneous application no. 3815 of 2005 on the .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-28-2007
Reported in : (2007)212CTR(Guj)195
..... proceedings'. admittedly, there is no bar under the provisions for parallel proceedings in consequence of notice under section 148 and notice under section 263 of the act. after issuance of notice under section 148, the assessing officer himself can pass a fresh assessment order and under section 263 if the original assessment order ..... of the assessing officer is erroneous and prejudicial to the interest of revenue, he can revise that order. both the authorities are empowered under different provisions of the act, though both have to see that the income escaped in the original assessment should be taxed. 18. in commissioner of income tax, bhopal v. ralson industries ..... , we do not want to go into that question. but, admittedly, this court has not stayed the proceedings consequent to notice under section 148 of the act, therefore, the assessing officer was at liberty to proceed with the proceedings and make final assessment. moreover, we give liberty to the petitioner to move an application .....
Tag this Judgment!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 : Mar-01-2007
Reported in : [2007]138CompCas204(Guj); [2007]79SCL47(Guj)
..... or arrangement is to be provided to the creditors and members, while section 394 deals with the provisions for facilitating reconstruction and amalgamation of companies act. 17. though details of pleadings, objections and their replies have already been summarized above, but parties have submitted their written arguments and the court ..... the rights of such ;bank or financial institution shall vest in such company in relation to such financial assets.[3] unless otherwise expressly provided by this act, all contracts, deeds, bonds, agreements, powers-of-attorney, grants of legal representation, permissions, approvals, consents or no-objections under any law or otherwise ..... of association of respondent-company are concerned they also contemplate two classes of shareholders. no separate class of equity shareholders is contemplated either by the act or by the articles of association of respondent-company. the appellant is admittedly an equity shareholder. therefore, he would fall within the same .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-02-2007
Reported in : (2007)3GLR2597
..... detail convincing reasons. when the court otherwise is competent to reduce punishment than the minimum prescribed, then whether this is a case where the court should act in reformative manner and exercise powers vested with the court under the provisions of section 360 of the code of criminal procedure, is the question.15. ..... the apex court has decided to modify the sentence. the court was dealing with a case of selling food articles without licence under prevention of food adulteration act. the allegation against the accused was that he was found selling articles of food without licence. alongwith other aspects the apex court considered the point of ..... reducing the substantive punishment imposed by the trial court, this court should think whether the appellant-accused can be given the benefit of probation of offenders act under the provisions of section 360 and 361 of the code of criminal procedure, because though minimum punishment is prescribed for the offence held proved against the .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-02-2007
Reported in : 2009ACJ2099; (2007)2GLR1340
..... of the deceased himself being the driver, no claim by his legal representatives can be entertained by the claims tribunal under section 110 of the motor vehicles act. since the respondents were aware that their claim may not be entertained by the claims tribunal, they have preferred civil suit by invoking the provisions contained in ..... claim is concerned but referring to the averment made in the plaint, the respondents have not demanded the claim or compensation under any provision of motor vehicles act, 1988. it is the claimant to decide by which forum he wants to adjudicate his claim. since the compensation was demanded under the provisions relating to ..... bhagwati prasad (d) and ors. : [2002]2scr290 wherein it is held that the crucial expression conferring jurisdiction upon the claims tribunal consisting under the motor vehicles act is the accident arising out of use of 'motor vehicle,' and therefore, if there has been a collision between the motor vehicle and railway train then all those .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-05-2007
Reported in : 2007CriLJ4481
..... of the supreme court including the constitution bench judgment in matajog dobay (supra) that the complaint may not disclose that the alleged offence was committed while acting in discharge of duty but facts subsequently coming to light during inquiry or trial may establish the necessity of sanction. and, as held in bakshish singh brar ..... by the witnesses examined by the chief judicial magistrate while taking cognizance of the offence. it, on the basis of such material, emerged that the alleged act was done while the officers were performing their duty. the supreme court heavily relied, in following words, upon the fact that investigation into the two cases ..... . he, however, submitted that bare reading of the complaint clearly indicated that the alleged offences were committed while the petitioners were on duty and the very act of taking cognizance, while ordering an inquiry under section 202 of the code, was illegal and without jurisdiction. he relied upon the judgment of the supreme .....
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