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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: gujarat Year: 2011 Page 3 of about 43 results (0.017 seconds)

May 09 2011 (HC)

Jashvantbhai Babubhai Parmar Vs the State of Gujarat and anr.

Court : Gujarat

Decided on : May-09-2011

..... of simple imprisonment.10. in the result, appeal is disposed of in following terms:conviction of the appellant under section 20(b)(ii)(b) of the ndps act is confirmed. sentence however, is reduced to four years of rigorous imprisonment. fine is reduced to rs. 5000/-. in case of default of payment of fine ..... 5 kgs. the division bench reduced the punishment from that of rigorous imprisonment of 15 years to the minimum of 10 years as prescribed under the act.5.2 similarly in a judgement dated 05.02.2008 rendered by the division bench of this court in criminal appeal no. 954 of 2003 with ..... that the accused was a first time offender, sentence of 14 years of imprisonment imposed by the courts below was reduced to minimum prescribed under the act that of 10 years.5.1 my attention is also drawn to the decision of the division bench of this court dated 09.01.2008 in ..... the appellant was thus found in possession of ganja which was marginally higher than the small quantity. it may be noted that under section 20 of the ndps act if the accused is involved in production, manufacture, possession, etc. of small quantity of the substance, punishment prescribed is of rigorous imprisonment for a term ..... no. 7/2003, appellant was convicted for offence punishable under section 20(b)(ii)(b) of the narcotic drugs and psychotropic substances act, 1985(here-in-after referred to as "the ndps act"). he was sentenced to rigorous imprisonment for five years and fine of rs. 20,000/-. in default of payment of fine, .....

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Oct 17 2011 (TRI)

Niranjanbhai T. Parekh and Others Vs. Ajaybhai Harshadbhai Shah

Court : Gujarat State Consumer Disputes Redressal Commission SCDRC Ahmedabad

Decided on : Oct-17-2011

..... 1995) 3 scc 583, has clearly spelt out the status of consumer fora inter alia stating that the quasi judicial bodies/authorities/agencies created by the act known as district forum, state commission and the national commission are not courts though invested with some of the powers of a civil court. they are ..... . the complainants purpose of floating the scheme was to earn profits. the complainants therefore is not ??consumer as defined under section 2(d) of the act. the complainant no. 4 has cancelled the power of attorney of first complainant because of certain dispute in regard to sharing of the profits, etc. ..... and services purchased and availed by them in a market dominated by large trading and manufacturing bodies. indeed the entire act revolves round the consumer and is designed to protect his interest. the act provides for ??business to consumer disputes and not ??business to business disputes. in a recent case of milan barot ..... s.a. makhija, member: 1. this complaint is filed under the provisions of the consumer protection act, 1986 (hereinafter referred to as the act or c.p. a. for the sake of brevity). 2. the short facts of the complainants case are that the complainants ..... had their own plot no. 70-a at bhavnagar, details of which are given in para-2 of the complaint. the complainants decided to float a scheme of flats on their plots and as such they had given contract .....

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Mar 03 2011 (HC)

Arcoy Biorefinery Pvt.Ltd and anr. Vs. State of Gujarat and anr.

Court : Gujarat

Decided on : Mar-03-2011

..... have no claim against arcoy;[3] the parties agree and declare that except as detailed herein they have no claim whatsoever against each other and if they have any, under contract (purchase order) dated 19/12/2008, they hereby respectively waive the same.[4] the parties further agree that gmm shall withdraw the criminal case no.1743 of 2010 pending before ..... .1,07,58,472/- (rupees one crore seven lakh fifty eight thousand four hundred seventy two only) as full and final settlement of gmm's claims against arcoy as per contract (purchase order) dated 19/12/2008.[2] on execution hereof, arcoy has issued two cheques bearing no.048453 dated 31.01.2011 and no.048454 dated 31.03.2011 respectively ..... set aside criminal complaint being criminal case no.1743 of 2010 filed before the additional chief judicial magistrate, anand for the offences punishable under section 138 of the negotiable instrument act at annexure-"a" to the application".2. this court while issuing notice on 25.06.2010 granted ad-interim relief in terms of para 7(b) of the application.3 .....

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Mar 04 2011 (HC)

Majabutsinh C Gohil Vs State of Gujarat and ors.

Court : Gujarat

Decided on : Mar-04-2011

1. the challenge in this petition preferred under article 226 of the constitution of india, is to the rejection of the candidature of the petitioner by respondent no.2 gujarat public service commission (gpsc), on the ground that the petitioner does not possess the requisite qualifications for the post of lecturer in the discipline of mechanical engineering. it is, interalia, prayed that the decision of the gpsc rejecting the candidature of the petitioner on the ground that he has not scored 75 percentile in the graduate aptitude test in engineering (gate), be quashed and set aside and the petitioner be declared as eligible to be considered for appointment to the post of lecturer, class-ii, in the government engineering colleges and polytechnics in the state of gujarat.2. the relevant factual background is that the gpsc published advertisement no.186 dated 16.02.2010, calling for applications from eligible candidates to fill up the posts of lecturers in government engineering colleges and polytechnics in the state of gujarat. the petitioner, who was appointed as lecturer (mechanical engineering) on ad hoc basis vide order dated 28.01.2009, applied pursuant to the same. earlier, the petitioner, along with others, had filed a petition, being special civil application no.4651 of 2010, seeking a direction that his services be not terminated. this was done in view of the fact that the appointment of the petitioner was for a term of 11 months, or till he is replaced by a regularly .....

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Mar 03 2011 (HC)

Lutim Pharma Pvt.Ltd.-thro and ors. Vs. Meteoric Exim Pvt.Ltd.- Thro a ...

Court : Gujarat

Decided on : Mar-03-2011

1. the applicants have filed this application under section 482 of the code of criminal procedure, 1973 with a prayer to quash the entire proceedings and the private criminal complaint case no.1304 of 2010 pending before the court of metropolitan magistrate, court no.13, ahmedabad.2. on 23.12.2010, a co-ordinate bench of this court while issuing rule and granting ad-interim relief, passed the following order:1. mr.meena, learned advocate appearing on behalf of the petitioners has submitted that the amount involved in the present matter is approximately rs.1 lac (rupees one lac only) and to show the bonafide event the petitioners are ready and willing to deposit the said amount with the registry of this court without prejudice to the rights and contentions of the petitioners.2. though served nobody appears on behalf of the respondent no.1.3. in the facts and circumstances of the case, rule, returnable on 17/1/2011. ad-interim relief granted earlier is directed to be continued till final disposal of the present petition, on condition that the petitioners shall deposit a sum of rs.1 lac (rupees one lac only) with the registry of this court on or before 11/1/2011. however the deposit of the aforesaid amount by the petitioners shall be without prejudice to the rights and contentions of the petitioners."3. thereafter, the parties have settled the dispute and filed joint settlement purshish in the following terms:"3.1 that the petitioner herein shall pay an amount of rupees 1,40,000 .....

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Mar 04 2011 (HC)

Panchanbhai Nanjibhai Kantaria Vs State of Gujarat;

Court : Gujarat

Decided on : Mar-04-2011

..... witnesses who were examined by prosecution, it is established that the handwriting is proved beyond reasonable doubt and so far as section 8 of the evidence act is concerned, the conduct of the accused appellant is required to be considered. in light of the evidence led before the sessions court and from ..... shows the conduct of the appellant accused and therefore, same is required to be considered in light of the provisions of section 8 of the evidence act. the conduct of the accused to make demand of rs.300/- and on demand, the accused had returned back rs.50/- to the complainant and ..... pay a fine of rs.500/-, i/d to suffer simple imprisonment for three months for the offence punishable under sections 7 of the prevention of corruption act. all the sentences shall run concurrently.2. according to the prosecution, the complainant at the time of filing of fir, was residing in village sagar ..... the learned sessions judge was pleased to convict the appellant-accused under section 13(2) read with section 13(1)(d) of the prevention of corruption act and awarded sentence to the appellant to suffer rigorous imprisonment for 2 years and to pay fine of rs.500/-, i/d, to further undergo simple ..... trial for the commission of the offences under section 7 and 13 (1)(d) read with section 13 (2) of the prevention of corruption act, 1988 (hereinafter referred 'the act'). the learned special sessions judge, jamnagar, in special case no.18 of 1993 passed judgment and order of conviction and sentence dated 7^th .....

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Jan 24 2011 (HC)

State of Gujarat. Vs. Hemangini Nitinkumar Patel and ors.

Court : Gujarat

Decided on : Jan-24-2011

..... the court of learned judicial magistrate first class, ahmedabad for the offences punishable under section 7(i) and 16(i) a(i) of the prevention of food adulteration act, 1954.3. thereafter the trial was conducted before the learned magistrate. to prove the case of the prosecution, prosecution has produced oral as well as documentary evidence. after considering the ..... public analyst, vadodara. on examination, the public analyst found that the said sample was adulterated and not upto the standards and provisions laid down under the prevention of food adulteration act, 1954. the said sample was manufactured by the accused no.7-shri saibaba floor mills, ahmedabad. therefore, after following the due procedure, complaint was filed against the respondent-accused in ..... ^th april 2010 passed by the learned metropolitan magistrate, court no.8, ahmedabad, in criminal case no.01 of 1994 for the offences punishable under the prevention of food adulteration act, 1954, whereby the learned magistrate has acquitted the respondents-accused of the charges levelled against them.2. the short facts of the prosecution case is that the appellant was serving .....

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Feb 24 2011 (HC)

STATE OF GUJARAT - THRO' B J PATEL - FOOD INSPECTOR AND ANR. Vs. ViKRA ...

Court : Gujarat

Decided on : Feb-24-2011

..... panch witness, which is not possible. even it is also observed by the learned magistrate that prosecution has failed to follow the mandatory provision of section 13(2) of the act. thus, when the prosecution has not proved the case beyond reasonable doubt against the respondents-accused, benefit of doubt ought to have been given to the respondents-accused. the trial ..... under section 7(i), 5 and 16(1)a(i) of the prevention of food adulteration act, 1954.3. thereafter, the trial was conducted before the learned magistrate. to prove the case of the prosecution, prosecution has produced oral as well as documentary evidence. after considering ..... sent for analysis to the public analyst. on examination, the public analyst found that the said sample did not conform to the standard prescribed under the prevention of food adulteration act, 1954. therefore, after following the due procedure, complaint was filed against the respondents-accused in the court of learned metropolitan magistrate, court no.8, ahmedabad for the offence punishable ..... th may 2010 passed by the learned metropolitan magistrate, court no.8, ahmedabad in criminal case no.72 of 2000 for the offences punishable under the prevention of food adulteration act, 1954, whereby the learned magistrate has acquitted the respondents-accused of the charges levelled against them.2. the short facts of the prosecution case is that on 30^th august .....

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Mar 03 2011 (HC)

Bombay Dyeing and Manufacturincompany Ltd and anr. Vs. Regional Provid ...

Court : Gujarat

Decided on : Mar-03-2011

..... made wholly or in part or cotton, wool or silk whether natural or artificial. there is no dispute about the fact that after applicability of the act in 1971 the petitioner has been paying provident fund dues at the rate of 8.33%. however, when the enhancement was made by virtue of aforesaid ..... from higher rate of 10% and, thereafter, from 31.8.1994 'textiles made wholly or part of cotton' was directed for 10% compliance under the act and ultimately from 1.3.1995 all the establishments covered under the original schedule i.e. 'textile made wholly or in part of cotton or wool ..... view of this subsequent amendment the provident fund department issued intimation dated 6.7.1995 to the petitioner to comply with the provisions of the said act as well as the scheme by making payment of provident fund contribution at the enhanced rate of 10% rather than at the rate of 8.33 ..... in part of cotton". in view of the said notification, the provident fund department instructed the concerned officers to comply with the provisions of the said act by making payment of contribution at the enhanced rate of 10%.3. it is also the case of the petitioners that the notification dated 31.8. ..... the central government issued a notification dated 31.8.1994 in exercise of powers conferred under section 6 of the employees provident fund & miscellaneous provisions act and thereby amended the earlier notification issued by the government of india dated 17.5.1989 and in the schedule attached to the said notification dated 17 .....

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May 11 2011 (HC)

Destel Marine Limited Vs. M V Star 7

Court : Gujarat

Decided on : May-11-2011

..... impermissible for the plaintiff to claim lien not on the basis of goods necessaries having been supplied in usa, but on the basis of a subsequent contract having been entered into on 20.1.2010 between the plaintiff and michail arhangelos s.a. each having their office in greece and by agreement declaring ..... a ship but the moment the buyers declared their intention to discontinue its use as ship or a vessel and not only declared their intention but acted pursuant to that intention and made declarations before the authorities and paid amounts, customs duty, etc., the intention was manifest to discontinue the use of ..... on 5^th january 2011.8. in the admiralty jurisdiction of this court, this court can entertain an action in rem against a ship. the general clauses act also defines the term "ship" but it also gives inclusive definition. therefore, so far as the meaning of the term "ship" is concerned, we ..... a ship but the moment the owners declared their intention to discontinue its use as ship or a vessel and not only declared their intention but acted pursuant to that intention and made declarations before the authorities and paid amounts and took further actions like taking a patch on lease for breaking of ..... define the word "ship". in the admiralty jurisdiction of this court, this court can entertain an action in rem against a ship. the general clauses act also defines the term "ship" but it also gives inclusive definition. therefore, so far as the meaning of the term "ship" is concerned, .....

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