Court : Gujarat
Decided on : Mar-04-2003
Reported in : AIR2003Guj205; (2003)1GLR817
..... decisions referred to hereinabove.17. upon a review of the aforesaid authorities, the following legal position and principles emerge :-(i) the proviso to clause (c) of section 58 was added by act 20 of 1929 so as to set at rest the conflict of decisions on the question whether the condition relating to reconveyance contained in a separate document could ..... but it was by itself a document of ostensible conditional sale. hence, we hold that the document exh. 65 is not hit by the proviso to section 58(c) of the transfer of property act.19. once, the above conclusion is reached, we have to apply the principles laid down by the constitution bench in chunchun jha v. ebadat ali, ..... or would it remain to be a document of mortgage by conditional sale as there is no separate document as stipulated by the proviso to section 58(c) of the transfer of property act.'2. the learned single judge before whom the second appeal was placed for hearing has observed in his order of reference that the question about .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-03-2003
Reported in : 2004CriLJ465; (2003)2GLR1261
..... the petitioner in the alleged offence. in such circumstances, if serious and heinous offence as has been disclosed against the petitioner and looking to the sentence provided under section 399 of i.p.c. and the fact that the petitioner is residing outside gujarat state, in my opinion, if the petitioner-accused is placed in the ..... crime. but this fact can be examined and ascertained by the trial court at the time of trial. in respect of the submission that allegations of offence under section 399 of i.p.c. is not correctly disclosed against the petitioner-accused, this court would like to obverse at this juncture that the remedy of discharge ..... to emphasis this contention, learned advocate mr. majmudar has read over the definition of 'dacoity' and provisions of section 399 of i.p.c. before this court. mr. majmudar has also read over section 25(1) of the bombay arms act. learned advocate mr. majmudar has also submitted that there are only statements of the police officers more than three .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-27-2003
Reported in : [2003]131STC298(Guj)
..... are giving an opportunity of hearing to the dealer. (ii) as per the judgment of this court in the case of prabhat solvent which is under section 42 of the local act, time-limit is not over and there is already matter pending in the court and as per the judgment in the case of prabhat solvent, assessment proceedings ..... the first proviso or any period during which assessment proceedings are stayed by an order or injunction of any court or authority shall be excluded.' 2.3. section 44 of the local act provides for reassessment of turnover escaping assessment. 2.3a. government of gujarat also enacted rules called gujarat sales tax rules, 1970. rule 37-a of the ..... honourable apex court.2.15. the second respondent by his order dated march 17, 1997 rejected all the contentions of the petitioner and passed orders under section 42(1) of the local act extending time for making assessment as per the various show cause notices. in the said order the second respondent, i.e., the deputy commissioner of .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-26-2003
Reported in : 2003CriLJ5070; (2003)4GLR916
..... as special case no. 122 of 1994. alongwith the complaint, list of documents like panchnama, seizure report under section 57 of the ndps act, statements recorded under section 67 of the ndps act and section 108 of the customs act, arrest report, inventory report and fsl report, was also produced.2.5. the learned special judge, on the ..... of sample, handing over of the goods by bsf officers to customs authorities and the statements of the accused recorded under section 67 of the ndps act and section 108 of he customs act which were voluntary and genuine in nature, recorded without any threat, coercion, duress or undue influence which were never retracted by ..... basis of the inquiry papers. in cross-examination he unequivocally stated that he had explained the accused about the provisions of section 108 of the customs act and section 67 of the ndps act before recording their statements. it may be appreciated that nothing substantial has been brought out by the defence during cross-examination .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-21-2003
Reported in : AIR2003Guj294; (2004)1GLR506
..... factum of death of the principal during the pendency of the suit cannot lead to the termination of the agency. the necessary ingredients required under section 202 of the contract act so as to hold that the agency could not be terminated in the facts of the present case are, therefore, clearly established and we ..... in these circumstances, the learned district munsif came to the correct conclusion following the observations in iswarayya v. kurubasubbanna : air1934mad637 'no doubt, under section 47 of the registration act once a document is registered the effect begins to commence from the date of executions. but if the document is not registered it can never have ..... as under :'the ratio of the decisions cited above indicates the following propositions of law though with reference to particular cases.(i) provision of section 47 of the registration act will apply where the successive transfers relate to the same property and there is no contest against any third party.(ii) when the right of .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-19-2003
Reported in : (2003)4GLR382
..... a presumption for which there is no basis and there was no material before the learned judge to come to the conclusion that there was breach of section 25-f of the i.d. act. mr. baxi invited the attention of the court to the contents of paragraph-6 of the award wherein only exhibits are listed without discussing any one of ..... sc 1147.3. mr. subramaniam iyer, learned advocate for the respondent, strongly contended that, as observed by the learned judge, there was breach of sections 25-f, 25-g and 25-h of the i.d. act and hence, the petition be dismissed. he relied upon a judgement of the honourable apex court in the matter between deepchandra vs. state of u ..... far as continuing the junior to the applicant-workman, and not recalling the applicant-workman and at the time of recruiting or employing new persons, there is a breach of sections 25-g and 25h and the establishment has to take the consequences of the same. in light of that, so far as the order of reinstatement of the respondent-workman .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-14-2003
Reported in : [2003]129TAXMAN80(Guj)
..... the schedules, the cases of the members found guilty will be forwarded to the high court by it with recommendations as contemplated by sub-section (5) of section 21 of the act.20.3 the council in exercise of its wide powers as a custodian of the interests of the profession and its members has issued a ..... who is a member of the institute of chartered accountants of india, guilty of misconduct other than the misconduct as is referred to in sub-section (4) of section 21 of the act, and recommended removal of the respondents name from the register of members of the institute of chartered accountants of india for a period of six ..... part of the institution in initiating the proceedings. the committee concluded that in its opinion. the respondent was guilty of 'other misconduct' under section 21, read with section 22 of the chartered accountants act, 1949, the committee consisted of a president and two members.4. the report of the disciplinary committee placed before the council, which consisted .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-30-2003
Reported in : (2003)2GLR1624; (2003)IIILLJ525Guj
..... well that an appeal is maintainable against the order passed under section 7a of the act, a review application was filed. it can be inferred that this was with a view to delay the payment. after the review application is rejected, the ..... only after hearing these two officers and after taking into consideration the material produced by the establishment, like monthwise statements that the authorities passed the order under section 7a of the act. from the record it clearly transpires that the establishment was bent upon to avoid payment of the amount ordered by the authorities, that is why knowing ..... that it is an ex-parte order. for the ready perusal relevant portion of the order is set out below :'and whereas, a summon/notice under section 7a of the act was issued tothe establishment vide this office letter no. gj/ 28204/ enf.iv/326 dated 6-10-2000 in order to afford him opportunity of representing .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-30-2003
Reported in : 2003CriLJ2401; (2003)1GLR706
..... compromise purshis whereby the petitioner admitted the entire suit amount with interest and accordingly the learned board of nomiees, surat passed award under section 96 of the gujarat co-operative societies act based upon the consent terms filed by the petitioner and the complainant-bank. 12.4 the petitioner not only agreed and filed consent ..... this case, and i have come to the conclusion that the petitioner is entitled to bail. the petitioner is accused of offences under sections.132 and 135(l)(b) of the customs act, 1962. on conviction, the maximum sentence that can be imposed on the petitioner is imprisonment for a term which may extend to seven ..... of the respondent state has submitted that today investigating officer has filed affidavit which reflects that serious offence alleged to have been committed by the petitioner under section 409 and said offence can be said to be serious offence affecting the society at a large and punishment is life imprisonment and therefore, the petitioner .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-28-2003
Reported in : (2003)2GLR1438
..... of causing death of the deceased also proceeds on the assumption that culpable homicide would amount to murder only if the act by which the death is caused is done with the intention of causing death. section 300 enumerates four clauses and if any one of them applies, it would be a case of culpable homicide amounting ..... hospital, ahmedabad where the deceased succumbed to the injuries. the crime for the offences punishable under sections 147, 148, 302, 323 and 325 read with section 149 i.p.c. and also for the offence punishable under section 135 of the bombay police act, was therefore, registered against the accused. the weapons used in the incident were produced by ..... injury which would result in death. ordinarily, a man is presumed to intend necessary consequences of his act.'it is not necessary to pursue this line of discussion as the case at hand sufficiently attracts clause 3rdly of section 300.23. various decisions cited by the learned counsel for the accused are not required to be dealt .....
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