Court : Gujarat
Decided on : Feb-23-2006
Reported in : 2006CriLJ3198; (2006)3GLR1935
..... in view of the judgment in kazi lhendup dorji, (1994 air scw 2190) (supra) that an investigation undertaken by cbi pursuant to a consent granted under section 6 of the act is to be completed, notwithstanding withdrawal of the consent, and that further investigation is a continuation of such investigation which culminates in a further police report under ..... patently invalid and unsustainable in law. in view of this finding of ours we need not go into the questions, whether section 21 of the general clauses act applies to the consent given under section 6 of the act and whether consent given for investigating into crime no. 246/94 was redundant in view of the general consent earlier given ..... judge framed the charge against 53 accused on 16.06.2004 for the offences punishable under sections 147, 148, 149, 436, 332, 337, 153(3), 454, 457 and 380 of the indian penal code and under section 135 of the bombay police act, 1951. the trial was proceeded with, it has been submitted at bar that out of .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-23-2006
Reported in : (2006)IIILLJ1007Guj
..... gravity of the misconduct proved. the authorities have to exercise their judicial discretion having regard to the facts and circumstances of each case. they cannot act under the dictation of the central vigilance commission or of the central government. no third party like the central vigilance commission or the central government could ..... advise. on the basis of this he has submitted that while imposing penalty of removing the petitioner from service, inquiry officer and disciplinary authority mainly acted as per the guidelines of central vigilance commission. he has made this submission and even drawn attention of the court to the affidavit in reply and ..... rules would be misconduct. the high court has noted the definition of misconduct in stroud's judicial dictionary, smisconduct means, misconduct arising from ill motive, acts of negligence, errors of judgment or innocent mistake, do not constitute such misconduct. it is further observed therein that it is, however, difficult to believe .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-24-2006
Reported in : 2008[11]STR556
H.N. Devani, J.1. Learned advocate, Mr. Dhaval Shah, seeks permission to amend the prayer clause. Permission granted. Amendment to be carried out immediately.2. Heard Mr. Dhaval Shah, learned advocate for the petitioners, and Mr. Jitendra Malkan, for the respondents.3. RULE. Mr. Malkan waives service of rule on behalf of the respondents. As the controversy involved in the present petition lies in a very narrow compass the same is taken for final hearing and disposal.4. This petition challenges the Order Nos. M/238/WZB/2005/C-III, S/351/WZB/2005/C-III, A/523/WZB/2005/C-III, dated 27-4-2005 passed by the Customs, Excise & Service Tax Appellate Tribunal, West Regional Bench at Mumbai (CESTAT) as well as the Order-in-Appeal No. YPP/229/SRT/2003, dated 13th February, 2003 passed by the Commissioner (Appeals), Central Excise & Customs, Surat-1 in Appeal F. No. V-2(54)169/SRT-I/DIV-II/2002.5. By an order dated 7th August, 2002, passed by the Joint Commissioner, Central Excise & Customs, a dem...
Tag this Judgment!Court : Gujarat
Decided on : Feb-27-2006
Reported in : [2007]135CompCas243(Guj); [2008]84SCL15(Guj)
..... inclusive; (b) in respect of companies with a paid-up share capital of not less than one lakh of rupees, by part vii (sections 425 to 560) and the other provisions of this act relating to the winding up of the companies.(3) for the purposes of jurisdiction to wind up companies, the expression sregistered office means the place ..... would be the concerned high court, we will have to adopt the definition from the companies act and in relation to the jurisdiction, we again will have to refer to section 10 of the companies act. clause-(b) of sub-section-(2)of section 3 of the sica further provides that the words and expressions used but not defined either in ..... the company petition is required to be filed in a court within whose jurisdiction the registered office of the company is situate. section 10 of the companies act reads as under:10. (1) the court having jurisdiction under this act shall be - (a) the high court having jurisdiction in relation to the place at which the registered office of the .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-28-2006
Reported in : 2006ACJ2688; (2006)2GLR1514
..... of accident, injuries causing death of deceased ranjanben, her age, income and other factors. opponent no. 3 has denied that the accident has taken place due to rash and negligent act on the part of opponent no. 1. it is alleged by insurance co. that the petitioner was negligent to a major extent namely 75% for the occurrence of accident. therefore ..... stay is also dismissed. registry is directed to transmit the amount of rs. 25,000.00 (rupees twenty five thousand only) deposited by the appellant insurance company as required under section 173 of the mv act to the claims tribunal for payment to claimants. .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-28-2006
Reported in : (2006)2GLR1796
..... not arise. in 1993(2) glh 635 (popatbhai ramjibhai moghariya v. district judge, surendranagar) (supra) the petitioners were found eligible in the selection test and interview for the posts of section officers and were placed in the select list in the year 1985. no appointments were made till 1989 due to a ban on recruitment by the state government. when appointments .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-01-2006
Reported in : (2007)2GLR1269
..... therefore, if the dispute is between two members pertaining to any property of the society which is registered under the gujarat co-operative societies act, such dispute would fall under section 96 of the act. it appears that even in case of dalpatbhai bhimjibhai mehta (supra), the view expressed by this court is that the civil court will ..... the dispute is amongst two members of the same society pertaining to the constitution, management or business of such society, it would fall within scope of section 96 of the act. in a housing co-operative society, even otherwise also property is of the ownership of the society and certain rights are only transferred of the ..... respondent no. 2-society and as no reliefs were prayed against the respondent no. 2-society, the matter would fall outside the scope ana ambit of section 96 of the act. he, therefore, submitted that the tribunal ought not to have exercised the juridiction by allowing the appeal as the learned nominee has no jurisdiction. for .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-02-2006
Reported in : (2006)2GLR1485
..... mode of election is provided to a particular class of a federal society and also other societies, which are identified and classified under section 74c of the act. as per section 74c of the act what is being regulated is the holding of the election, the term of the office of the elected member and a constitution of ..... societies, principally, the members would be the cooperative societies. therefore, with that purpose, the specific definition is provided for federal society under the act. further, as per section 28(8) of the act, it has been expressly provided that the voting rights of the individual members of a federal society shall be, such as may be regulated by ..... appears to be as under :a. the respondent no. 1 is a federal society and is also a specified cooperative society within the meaning of section 74c of the act. it appears that initially, it forwarded the proposal for amendment in the bylaws for the representation of individual members through its delegates and it was proposed .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-02-2006
Reported in : (2009)21VST118(Guj)
..... of the scheme. in the instant case, the petitioner is not allowed to avail the benefit because its windmills got destroyed (only on account of an 'act of god') and therefore the petitioner could not continue to generate electricity continuously for a period of six years after commissioning the windmills. in the circumstances, the ..... supply, but it also gives certain benefits to the industrial undertakings generating electricity in the nature of sales tax exemption or deferment or composite benefit under the act. looking to the said fact, we can definitely treat the scheme framed by the government under government resolution dated 27.1.1993 at par with a beneficial ..... due to gross negligence on the part of the industrial undertaking, the wind farm was not kept in running condition. so, in our opinion, if the act of discontinuing generation of electricity is deliberate or voluntary, then only the concerned industrial undertaking should be deprived of the benefit availed under the scheme.33. in .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-02-2006
Reported in : (2006)2GLR1023
D.A. Mehta, J.1. This petition, though styled as being under Articles 226/227 of the Constitution of India, in effect is an application under Article 227 of the Constitution of India. The petitioner challenges order dated 15th January, 2004 made by the trial Court below application Exh.226 in Special Civil Suit No. 26 of 1997 rejecting the application moved by the petitioner under Order 1 Rule 10(2) of the Code of Civil Procedure (CPC). 2. The petitioner herein is proposed defendant in Special Civil Suit No. 26 of 1997. The said suit has been instituted by respondent No. 12 herein (original plaintiff) while respondent Nos. 1 to 11 are original defendant Nos. 1 to 11. Except for the petitioner, the parties shall be referred to as per their respective description in the suit. 3. The case of the petitioner in nutshell is that the petitioner is brother of defendant No. 5 and both of them are sons of deceased Haribhai Kalidas Patel. That the plaintiff and defendant No. 5 are lawfully marrie...
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