Court : Gujarat
..... to warrant a conviction under section 304a. it would be different if it can be established as in the case of balachandra v. state of maharashtra, (1968) 3 scr 766 = (air 1968 sc 1319) that deaths and injuries caused by the contravention of a prohibition in respect of the substance which are highly dangerous as in the case of explosives ..... for the fire which broke out, but was also due to the overflowing of froth out of the barrels. in suleman rahiman mulani v. state of maharashtra (1968) 2 scr 515 = (air 1968 sc 829) the accused who was driving a car only with a learner's licence without a trainer by his side, had injured a person. it was ..... asked how can the existence of the requisite intention or knowledge be proved, seeing that these are internal and invisible acts of the mind? they can be ascertained only from external and visible acts. observation and experience enable us to judge of the connection between men's conduct and their intentions. we know that a sane man does not usually commit .....
Tag this Judgment!Court : Gujarat
..... viewed in the light of the above settled principles. having regard to the fact that in this case there was no scrutiny assessment under section 143(3) of the act, the scope of inquiry by this court is limited to the extent laid down by the supreme court in rajesh jhaveri stock brokers (p.) ltd. (supra), viz. whether there was relevant ..... is not to say that the assessing officer may in all cases refuse to disclose documents relied upon by him on account of confidentiality, but rather, that fact must be judged on the basis of whether other tangible and specific information is available so as to justify the conclusion irrespective of the contents of the document sought to be kept confidential ..... 627, for the proposition that since the belief is that of the income tax officer, sufficiency of the reasons for forming the belief is not for the court to judge, but it is open to an assessee to establish that there in fact existed no belief or that the belief was not a bona fide one or was based on .....
Tag this Judgment!Court : Gujarat
..... first marriage of her husband. ms. jani submitted that while handing over the custody of jahnvi to the respondent in the proceedings under the guardian and wards act, the learned judge had observed that all the benefits, which had accrued in favour of the deceased son, should be given to the respondent herein, and pursuant thereto, the ..... jahnvi decided to dissolve the marriage, and therefore, they filed a hindu marriage petition no.32 of 2003 under section 13 of the hindu marriage act in the court of the learned 2nd joint civil judge (sd), bhavnagar, for dissolution of marriage with consent. (3) the marriage was dissolved and a decree of divorce was passed on 16. ..... was born. on account of marital dispute, they preferred a hindu marriage petition no.32 of 2003 under section 13 of the hindu marriage act before the court of the learned 2nd joint civil judge (sd), bhavnagar, for dissolution of the marriage with consent, and pursuant to the decree of divorce dated 16.12.2003, the marriage was .....
Tag this Judgment!Court : Gujarat
..... were operating from mumbai and the territorial jurisdiction therefore lies with the court at mumbai. it is further contended that the learned single judge has failed to appreciate the provisions of the designs act, 2000 and has failed to appreciate that the design of the respondent-original plaintiff were not new, unique and are common to the ..... gujarat had no jurisdiction to try and entertain the suit under sec. 22 of the designs act, 2000 read with sec. 20 of the civil procedure code, 1908 as it is a composite suit. it has been contended that the learned single judge has failed to appreciate that the suit filed on behalf of the plaintiff was on mere ..... the infringement of the mark under the designs act is also complained of. 38. in view of the aforesaid discussion and observations, the present appeal cannot be entertained and it deserves to be dismissed and accordingly stands dismissed. however, it is observed that the court/learned single judge shall be at the liberty to take independent .....
Tag this Judgment!Court : Gujarat
..... small judgment makes it clear that even though the employee in such reported case was badli conductor, he was not retrenched from the service, but a disciplinary inquiry was conducted against him with regard to his unauthorized absence from duty and his name was ordered to be removed from the list of badli conductor. moreover, ..... the bank of india itself that even badli worker is entitled for absorption on a regular post and thereby confirmed the order passed by the ld. single judge and reversing the order of the division bench, which is contrary to the settled legal position. the situation before us is almost similar to the facts and ..... hindustan aeronautics ltd. v/s. dan bahadur singh [supra] that industrial tribunal cannot issue direction to regularize daily rated workman by creating post dehors statutory provisions of the act. therefore, no further discussion is required. 21.7 gujarat agricultural university v/s. rudabhai gigabhai reported in 2009 [2] glh 165. this decision is also on .....
Tag this Judgment!Court : Gujarat
..... from the above passages in the law dictionaries. the observation of the learned judge that (air p.126, para 7) that there is a difference between consent and submission and every consent involves a submission but the converse does not follow and a mere act of submission does not involve consent", is quite apposite. the said proposition is ..... cannot be called in aid in such a case to pardon the act of the girl and fasten criminal liability on the other, unless the court can be assured that from the very inception the accused never really intended to marry her." (emphasis supplied) the learned judges referred to the decision of chancery court in edgomgtpm v. fotz,airoce ..... (1885) 29 ch d 459, and observed thus : (cri lj p. 1538, para 8) "this decision lays down that a misstatement of the intention of the defendant in doing a particular act may be a misstatement of fact and .....
Tag this Judgment!Court : Gujarat
..... twin conditions of order of the assessing officer being erroneous and being prejudicial to the interest of the revenue are satisfied. the learned judge also referred to the provisions contained in the act for rectifying the mistake in assessment and for reopening a completed assessment to demonstrate that the policy of law is that the finality ..... the controversy about the scope of the expression "record" and observed that if on further examining the record and after making or causing to be made an inquiry, the commissioner considers the order to be erroneous and prejudicial to the interest of the revenue, he can pass the order thereon as circumstances of the case ..... brother-in-law of the assessee was subjected to search under section 132 of the act. in the return, she had claimed that the ornaments belonged to her. the commissioner found that the income tax officer had not conducted any inquiry into the source of acquisition of such ornament and therefore, set aside the assessment directing .....
Tag this Judgment!Court : Gujarat
..... rs. 5.00 lacs in favour of the plaintiff for their mining operations without consent of the plaintiff in the plaint schedule property. though the learned additional district judge allowed the application for amendment on payment of cost of rs. 300/-the high court in a civil revision filed under article 227 of the constitution of india ..... necessary for the purpose of determining the real questions in controversy. however, this rule is subject to proviso appended therein. the said rule with proviso again substituted by act 22 of 2002 with effect from 1-7-2002 makes it clear that after the commencement of the trial, no application for amendment shall be allowed. however, ..... another v. swami keshavprakeshdasji n. and others [(2006) 12 scc 1], this court noticed the decision of this court in kailash (supra) to hold: "35. by act 46 of 1999, there was a sweeping amendment by which rules 17 and 18 were wholly omitted so that an amendment itself was not permissible, although sometimes effort was made .....
Tag this Judgment!Court : Gujarat
..... on account of general unsuitability for the post held by him. if the competent authority holds an inquiry for judging the suitability of the probationer or for his further continuance in service or for confirmation and such inquiry is the basis for taking decision to terminate his service, then the action of the competent authority ..... defined misconduct, misbehaviour or misdemeanor. in a given case, the competent authority may, while deciding the issue of suitability of probationer to be confirmed, ignore the act(s) of misconduct and terminate his service without casting any aspersion or stigma which may adversely affect his future prospects but, if the misconduct/misdemeanor constitutes the ..... a non stigmatic order, the court can lift the veil and declare that in the garb of termination simpliciter, the employer has punished the employee for an act of misconduct." 12. in light of the above principles of law settled by the hon'ble supreme court, if we consider the action of the respondents .....
Tag this Judgment!Court : Gujarat
..... the government resolution dated 31.3.2005 at annexure-r-ii provides that if an employee is acquitted for any reason in the criminal case and if no departmental inquiry is initiated for the same charges, the employee shall be entitled for higher grade scale benefits from the date such employee had become entitled. however, if the ..... , the appellants were responsible for delay in release of such higher grade scale benefits. mr. vyas submitted that when the petition was admitted by the learned single judge vide order dated 27.2.2008, it was clearly provided therein that if the respondents will ultimately be held entitled to the benefits of higher grade scale, payment ..... of 9 years of service under the government resolution dated 16.8.1994 on account of the criminal complaint lodged against the respondent under the prevention of corruption act in the month of december 1994. pursuant to such complaint, the respondent was also suspended on 13.10.1995. the criminal case ended in acquittal by the .....
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