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Judgment Search Results Home > Cases Phrase: contract act 1872 Sorted by: old Court: gujarat Year: 2011 Page 1 of about 43 results (0.017 seconds)

Feb 04 2011 (HC)

Mansukhbhai Manjibhai Patel Andd anr. Vs. Saurashtra Cooperative Bank ...

Court : Gujarat

Decided on : Feb-04-2011

..... security only. therefore, according to the learned advocate, the liability of the guarantor had ceased to operate taking into consideration the provisions of sections 138 to 142 of the indian contract act, 1872. an incidental submission was also to the effect that the guarantor and the purchaser had been impleaded as parties to the suit merely because the manager of respondent-bank and ..... . the second ground on which the jurisdiction of board of nominees has been challenged is applicability of provisions of the recovery of debts due to banks and financial institutions act, 1993 (rdb act). in other words, it is submitted that considering the amount which the respondent-bank is seeking to recover, namely, rs.31 lacs and odd, only the provisions of rdb ..... constitution.3. it appears that some time in 2003 lavad case no.2336 of 2003 came to be instituted under section 48(4) of the gujarat co-operative societies act, 1961 (the act) by the respondent-bank and the borrower, guarantor and the purchaser were respectively imp leaded as respondent nos. 1, 3 and 4 respectively in the said suit. the said ..... act can be made applicable and the provisions of the act cannot be invoked by the respondent-bank. in support of the aforesaid two propositions, reliance has been placed on a decision of this court in the .....

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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 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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Mar 16 2011 (HC)

Jayant Shantilal Sanghvi and ors. Vs. Vadodara Municipal Corporation a ...

Court : Gujarat

Decided on : Mar-16-2011

..... the original terms and conditions of the auction sale, was inserted. this makes the respondent corporation's acceptance conditional acceptance and, therefore, no acceptance under section 7 of the indian contract act, 1872. in support of this submission, reliance is placed on the decision of the orissa high court in the case of vishwa industrial co. limited v/s. mahanandi coal fields limited ..... of the auction sale by order dated 23.03.2007. this is absolutely contrary to all notions of fair play and good faith.iii. under section 7 of the indian contract act, 1872, acceptance of an offer must be absolute and unqualified. a conditional acceptance is no acceptance at all. the petitioners' offer of price for the plots was governed by the ..... for the declaration from this court that the auction of the respondent corporation of inserting / adding the impugned condition as being inconsistent and incompatible with the provisions of the indian contract act, 1872, is violative of constitutional provisions like articles 14, 19 & 21 of the constitution of india and illegal and null and void.3. special civil application no.12867 of 2007 ..... a fundamental variation as it creates additional liabilities and obligations on the petitioners. under section 108 (j) of the transfer of property act, 1882, a right of further transfer to a sub-lessee in absence of a written contract to the contrary is recognized. thus, under the terms and conditions of the auction sale, the petitioner had a right under section .....

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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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Jan 28 2011 (HC)

Premchand J Panchal. Vs. Shahjahabanu Liyakatkhan Patha and ors.

Court : Gujarat

Decided on : Jan-28-2011

..... issued. he has also submitted hat it was an agricultural land and there could not be any sale of the agricultural land without permission under the tenancy act. he submitted that sec. 23 of the contract act would also be attracted as agricultural land would get converted into non-agricultural land after following the procedure and getting the permission. he therefore submitted that ..... of justice.37. as discussed hereinabove, by allowing such application, the rights of the petitioner are not affected to pursue the remedy with regard to specific performance of the contract and therefore no prejudice can be said to have been caused. therefore, it would not be proper to interfere with the impugned judgment and order in exercise of revisional jurisdiction ..... wile considering the equities also, the application which has been granted would balance the rival claims leaving it open to be decided with regard to the specific performance of the contract which is claimed by the petitioner herein and ultimately if he succeeds, the respondents who are transferees will be bound by the claim which the predecessor in title (transferor) ..... permitted the respondents to step in the shoes of the vendor and, still, the right of the petitioner is not affected as he has claimed specific performance of the original contract which, if established, the respondents would be bound as successor of the original vendor. on the other hand, if the application is not granted, the respondents bona fide purchasers .....

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Feb 03 2011 (HC)

M/S Kesar Laminates Through Sunilkumar J Patel. Vs. Gujarat Energy Tra ...

Court : Gujarat

Decided on : Feb-03-2011

..... therefore, there was no agreement entered into between the parties in writing at any stage. undisputedly, therefore, there is no arbitration agreement in the contract between the parties. section 8 of the arbitration and conciliation act,1996 pertains to the power to refer the parties to the arbitration, where there is an arbitration agreement. section 8 reads as under:-"8. ..... work, stub repairing and reconditioning work, 11 kv bus-bar insulation, ir value improvement and reconditioning, etc. with such expertise, the petitioner has been performing different work contracts for and on behalf of respondent no.1 gujarat energy transmission corporation limited (getco for short), which is the state owned company involved in the activity of energy transmission. ..... under section 8 of the arbitration and conciliation act,1996, the same can be invoked to refer parties to arbitration ..... a document containing an arbitration clause constitutes an arbitration agreement if the contract is in writing and the reference is such as to make that arbitration clause part of the contract."5. sub-section (3) of section 7 of the arbitration and conciliation act, 1996 clearly provides that arbitration agreement shall be in writing. if such arbitration agreement exists; .....

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Feb 03 2011 (HC)

Ayubkhan Hasamkhan Pathan. Vs. State of Gujarat.

Court : Gujarat

Decided on : Feb-03-2011

..... additional sessions judge, vadodara.3. counsel for the petitioner submitted that the petitioner is engaged in the work of labour contract. he had withdrawn the said amount of rs.3,65,250/- from the bank before the raid under the bombay gambling act. no useful purpose will be served in keeping such muddamal articles in custody. the trial may take long time ..... in retaining the cash seized from the petitioner. it is his case that the amount was withdrawn from the bank before the raid to use in his business of labour contract. without expressing any opinion on such contentions, i am of the opinion that subject to certain safeguards, the amount should be released by way of interim custody in favour of .....

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Feb 03 2011 (HC)

JUNAGADH POWER PROJECT PVT.LTD-THRO' COMPANY SECRETARY AND ANR. Vs. ST ...

Court : Gujarat

Decided on : Feb-03-2011

1. heard mr a b gogia, learned advocate for the applicants and the learned app for the respondent-state.2. it is submitted that the dispute in question had arisen out of a contractual relationship and with regard to the alleged non-payment of salary. however, service of the complainant pursuant to the contract was terminated and no amount is outstanding and, therefore, the bank was instructed not to make payment.3. besides, the complainant has claimed salary for the notice period which would not fall within the jurisdiction of the court taking up the matters pertaining to negotiable instruments act and remedy lies elsewhere.4. considering the above, prima facie, it appears that the complainant has taken recourse of the negotiable instruments act for redressal of his grievances if any against his employer. considering the above,5. rule returnable on 07th march, 2011. ad-interim relief in terms of para 6 [c].

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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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