Court : Gujarat
Reported in : 2001CriLJ4485
..... science laboratory. thereafter, that investigation was entrusted to psi shri jadeja and ultimately shri jadeja chargesheeted the case against the accused for offence punishable under section 376 ipc in the court of learned metropolitan magistrate on 1.10.1993. that chargesheet came to be registered as criminal case no. 2844 of 1993. thereafter, the ..... additional sessions judge, court no. 23, city civil sessions court, ahmedabad framed a charge against the accused for one offence i.e. under section 376 of ipc on 14.9.94. on recording the plea, the accused pleaded not guilty to the charge and therefore the prosecution examined in all 6 witnesses. during the trial ..... that prosecution mainly relies on only 2 witnesses (1) gangaben and (2) kasniben. as per the evidence of kasniben both had seen actual happening of criminal act of committing rape with victim shantaben by accused. they are interested persons and their evidence should not be taken into consideration. he has further argued that on .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)4GLR3331
..... mumbai-400001 has filed winding up petition under section433(e) and 434 of the companies act, 1956 (hereinafterreferred to as 'act, 1956') in karnataka high court on11.2.1999 which was registered as company petition no. 40of 1999 against the first petitioner company. in thewinding up petition what it is averred by the petitionersthat the petitioner therein ..... address mentioned in thecause title of the petition. the petitioner no. 2 to 6are directors of the company. the respondent no. 1 isstate of gujarat and respondent no. 2 is the companyregistered under companies act having main objects offinancier and carrying on his business from the addressmentioned in the cause title of the ..... shri a.d. shah, learned counsel for the respondentsmade oral submissions in these matters. he placedreliance on the following decisions in support of hiscontentions :-(1) anil hegde v. indian acrylics limited air 2000sc 145. (2) pankaj mehra and anr. v. state of maharashtra& ors. jt 2000(2) sc 113. (3) m/s. bsi ltd .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)4GLR3492
..... as contended by mr.shelat, learned advocate general, submitted that though gujarat dairy development corporation is a corporation of the government but ultimately it is a company incorporated under the provisions of the companies act and it has a different and distinct identity and the corporation can frame its own rules and regulations. the policy of the government does not bind it ..... its shareholder, even though that shareholder may be only one and that the central or a state government. in the eye of the law, a company registered under the companies act is a distinct legal entity other than the legal entity or entities that hold its shares.'7.4 he has also relied upon the judgment of the ..... guided by the public interest.'5.2 he has also relied upon the another judgment of the hon'ble supreme court in the case of nand keshwar prasad v. indian farmers fertilizers co-operative ltd. and others reported in 1998(5) scc 461. in para 11 on page 464 the hon'ble supreme court has observed as under .....
Tag this Judgment!Court : Gujarat
Reported in : [2001(91)FLR660]; (2001)2GLR1626; (2001)IILLJ1007Guj
..... act. the said section reads as under :2.(e). 'employee' means any person (other than an apprentice) employed on wages, not exceeding two thousands and five hundred rupees per mensem, or such higher amount as the central government may, having regards to the general level of wages, by notification specify, in any establishment, factory, mine, oilfield, plantation, railway company ..... belong to an intellectual class who are trained and qualified to impart education to the students who are, as the word corresponding to student in indian language shows, seekers of knowledge. the education is imparted in class rooms by means of lectures or tutorials. in technical subjects, practicals are ..... are imparting primary, secondary, graduate or postgraduate education cannot be called as 'workmen' within the meaning of section 2(s) of the act. imparting of education which is the main function of teachers cannot be considered as skilled or unskilled manual work or supervisory work or technical work .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)2GLR1587
..... station, bhavnagar city, finding him a dangerous person, as defined in section (2) clause (c) of the p.a.s.a. act and chieftain of gang frequently committing offences under indian penal code.7. the petitioner-detenu was supplied with the grounds of detention along with documents running into 93 pages on the same day i ..... to and relied upon three cases registered against the petitioner, at alang police station, bhavnagar city, for the offences punishable under chapter xvi and xvii of the indian penal code ('i.p.c.' for short hereinafter). all the three cases have been shown as pending trial. the detaining authority has also based his satisfaction ..... life. art. 3 of the universal declaration of human rights provides : 'every one has right to life, liberty and security of person,'article 21 of the indian constitution provides :'no person shall be deprived of his life or personal liberty except according to procedure established by law.'liberty is a dynamic concept, therefore, continual research .....
Tag this Judgment!Court : Gujarat
Reported in : II(2003)BC494; (2002)1GLR293
..... 35. if we read above all the averments by giving a cumulative effect, it can safely be said that the offence under section 138 of the act has been committed by 'company' i.e. accused no. 1 (association of individuals), and it has been committed with the consent and connivance of the present petitioner i.e. a ..... this case, accused had given cheque to the complainant. cheque was bounced. complainant lodged fir for offences punishable under sections 420, 406 and 468, ipc alleging that accused by an act of conspiracy committed criminal breach of trust by presenting for encashment blank cheques signed by the accused for the purpose other than that for which a ..... of m/s. agjevinath films lodged the complaint against one another firm m/s. sapna enterprises. that complaint was for offences punishable under sections 406 and 420, ipc. subsequently, it came to the knowledge of the complainant that the first accused colluded and conspired by the appellant with another partner ajit with an intention to .....
Tag this Judgment!Court : Gujarat
Reported in : [2001]250ITR542(Guj)
..... were contrary views and, therefore,' the matter was referred to the full bench. the learned judges examined various provisions contained in the transfer of property act, registration act, indian stamps act and indian trusts act and in view of the majority opinion, the answer to the first question was in the negative and there was no answer to the second question as ..... contended that : (i) the rental income from the flats was assessable income as 'income from other sources' under section 56 of the income-tax act inasmuch as the assessee-company was not the legal owner of the property in the. flats. such a claim was put forward before the assessing officer mainly on the ground that ..... on a piece of land belonged to the government but had been given on perpetual lease. the name of the original lessee was not known. however, the company known as ansal and sehgal pvt. ltd. entered into an agreement with the lessee and constructed a multi-storeyed building on the said piece of land. the assessee .....
Tag this Judgment!Court : Gujarat
Reported in : 2001CriLJ4069
..... the cardboard box on 23-4-1988from the shop of naranbhai, pw-15, at exh.104. it isalso established that the accused no.1, in the company ofmukesh, used to go in the said house where these twochildren were taken by him. it appears from the medicalevidence that the death of both the children ..... in block no. 44/339 ofkalapinagar and committed their murder by causinginjuries and thereby, committed offences under sections 302, 342, 343, 368 and 385 of the ipc. a further chargewas that these two accused persons, with the intention ofscreening themselves from legal punishment, had causedthe evidence of commission of offence of murder todisappear or ..... thereby, committed offences under sections 302, 201, 342, 343, 363, 364, 368, 385 read with section 120b of the indian penal code. on the same facts, itwas also alleged that these two accused had acted infurtherance of their common intention and a separatecharge was framed for the offences under the aforesaidprovisions read with section 34 of the .....
Tag this Judgment!Court : Gujarat
Reported in : [2001]251ITR270(Guj)
..... : [1999]240itr121(guj) the phrase 'reason to believe' has been explained with reference to a decision of the apex court in the case of barium chemicals ltd. v. company law board : [1967]1scr898 , whereby it is stated thus (page 124) :'undoubtedly, the word 'reason to believe' relates to process of entertaining an opinion which is ..... all cases where audit objections are raised. while dealing with such a situation, the court referred to and applied the ratio of the supreme court decision in the case of indian mid eastern newspaper society v. c1t : [1979]119itr996(sc) and emphasised :'more importantly, the court said (headnote) : ... in every case, the income-tax ..... authority has been succinctly stated by the apex court in barium chemicals ltd, v. company law board [1966] 36 comp cas 639. the court did not approve the unbridled and unguided operation of the freedom from judicial scrutiny of acts which are founded on formation of subjective satisfaction of the authority empowered to take such .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)169CTR(Guj)519
..... cit (supra), the phrase 'reason to believe' has been explained with reference to a decision of apex court in the case of barium chemicals ltd. v. company law board : [1967]1scr898 whereby it is stated thus :'undoubtedly, the word reason to believe relates to process of entertaining an opinion which is subjective in nature ..... in all cases where audit objections are raised. while dealing with such a situation, the court referred to and applied the ratio of supreme court decision in the case of indian & eastern newspaper society v. cit : [1979]119itr996(sc) and emphasised :'more importantly, the court said :'. . . . . . . . . in every case, the income tax ..... of the authority has been succinctly stated by the apex court in barium chemicals ltd. v. company law board (supra). the court did not approve the unbridled and unguided operation of the freedom from judicial scrutiny of acts which are founded on formation of subjective satisfaction of the authority empowered to take such action. his .....
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