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Judgment Search Results Home > Cases Phrase: patents Court: gujarat Year: 1993 Page 1 of about 66 results (0.005 seconds)

Jun 18 1993 (HC)

Navrangpura Gam Dharmada Milkat Trust Vs. Ramtuji Ramaji and ors.

Court : Gujarat

Decided on : Jun-18-1993

Reported in : AIR1994Guj75; (1993)2GLR1496

..... of the alt, dated december 16, 1989 insofar as it directed the mamlatdar to take possession from the petitioner-trust and to restore the same to the respondent-tenants was patently beyond jurisdiction inasmuch as under section 32g of the act such an order could not have been passed, and to that extent, the order passed by the alt and also ..... the alt, ahmedabad, dated july 29, 1961 which had become final between the parties. (iv) the initiation of proceedings in the year 1979 by respondent-tenants and entertainment thereof was patently incompetent and without jurisdiction, inasmuch as, section 32(1b) was on the statute book on the relevant date and it squarely applied to the fact-situation. remedies under sections 32g ..... than by due process of law by judgment and decree, dated december 31, 1982. we are told at the bar that first appeal against said judgment has failed and letters patent appeal is pending before the division bench of this court, 4. in the aforesaid factual matrics, mr. g. n. desai, learned counsel for the petitioner-trust has raised the following ..... of fact reached by the three tribunals concurrently can not be and shall not be interferred with by this court lightly unless any of such findings is shown to be patently perverse so as to suggest that no reasonable tribunal could have reached such findings on the facts as existing before it.3. with the. aforesaid introductory statement, we now proceed .....

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Jun 16 1993 (HC)

N.D.D.B. Employees Union Vs. State of Gujarat and ors.

Court : Gujarat

Decided on : Jun-16-1993

Reported in : (1994)1GLR891; (1995)ILLJ1Guj

..... that there was a highly contested and disputed question which required adjudication by the judicial authority. by no stretch of imagination, the government can say that the claim made was patently frivolous. the very fact that both the sides had taken considerable pains to make lengthy submissions clearly showed that there was a serious dispute, triable issue and arguable case and ..... is no arguable case and there is no case for any consideration whatsoever. in the name of such prima facie examination on merits to find out whether the claim is patently frivolous or not, the government cannot undertake detailed examination, investigation, appreciation of facts and application of law. it is clearly not the jurisdiction of the government while exercising administrative powers ..... in dealing with a dispute under section 10(1).' 6. thus, the scope of the government decision would be restricted to a finding as to whether the claim made is patently frivolous, clearly belated or if the impact of the claim on the general relation between the employer and the employees in the region is likely to be adverse. in the ..... the question as to whether its powers to make a reference would be exercised under section 10(1) read with section 12(5) or not. if the claim made is patently frivolous, or is clearly belated the appropriate government may refuse to make a reference. likewise, if the impact of the claim on the general relation between the employer and the .....

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Dec 17 1993 (HC)

State of Gujarat Vs. Kantilal Ambalal Patel

Court : Gujarat

Decided on : Dec-17-1993

Reported in : (1994)1GLR571

..... guilty as well as passing of the order of sentence, the patent illegality as the one which has taken place in the instant case which usually creeps in, in all such matters, the same could be safely avoided! thus, a little exercise ..... is so induced to plead guilty by way of 'plea-bargaining' that he pleads guilty in order to get away with the lighter sentence. bearing in mind this sort of patent and obvious accused psychology and the resultant modus-operandi, if the learned p.p. is given the much needed opportunity of hearing him before accepting the so-called plea of ..... and sentencing process in the important matters of such a nature which have been raised by way of three questions at the top of this judgment. accordingly, apart from the patent illegal 'plea-bargaining' in the present case, in the first place, it appears that the trial court has committed one more illegality in disposing of this case on the very ..... the matter, not only the impugned order of sentence is unduly lenient and grossly inadequate but the same being contrary to the statutory minimum prescribed under the act is also patently illegal. as a matter of fact, having regard to the facts and circumstances of the case, it appears that this is more or less a case of 'plea-bargaining' and .....

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Mar 04 1993 (HC)

State of Gujarat Vs. Kirit Maganbhai Patel

Court : Gujarat

Decided on : Mar-04-1993

Reported in : (1993)1GLR674

..... serving the summons on rest of the witnesses all these persons are undoubtedly answerable in this case. one should not surely be surprised, if indeed some one alleges that such patent negligence on the part of prosecuting agency in not taking quite deserving care, indirectly amounts to abating the offender who is interested in keeping safe distance from the court without .....

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Sep 23 1993 (HC)

State of Gujarat Vs. Ibrahim Salu Koli

Court : Gujarat

Decided on : Sep-23-1993

Reported in : (1994)1GLR279

..... , in the circumstances, lead to the conclusion that the appellant was innocent.on the basis of the aforesaid submissions, mr. trivedi finally urged that the trial court has committed a patent, error in mechanically discarding the evidence of p.s.i.-odedra solely on the ground that the two panchas have not supported the prosecution. mr. trivedi further submitted that the ..... doubt, much less than reasonable doubt, mere failure of the panch-witness to support him do not weaken the prosecution case slightest even thus, the impugned order of acquittal being patently unreasonable, the same deserves to be quashed and set aside, and accordingly, the respondent shall have to be convicted and sentenced for the offence with which he was charged.11 .....

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Apr 23 1993 (HC)

Sardarsingh Nagsingh Rajput (Sisodia) and ors. Vs. State of Gujarat

Court : Gujarat

Decided on : Apr-23-1993

Reported in : 1993CriLJ3473; (1993)1GLR905

..... respective petitioners while attacking the impugned orders rejecting their bail applications have submitted that in all these cases, both the concerned investigating agency as well as learned magistrates have committed patent illegality on their respective part firstly in not observing the legislative mandate under section 167(2)(a) of the code in submitting the chargesheet against the accused within the prescribed ..... transitory period as provided in section 36-d of the act. thus, any default in complying with the said provisions of section 36-a(1)(b) of the act being patently illegal, petitioners were entitled to be released on bail forthwith. thus, according to the learned advocates for petitioners in these petitions also, any detention exceeding the period of 15 days ..... a delay of about 44 days in filing the chargesheet by the investigating agency before the learned magistrate. it is equally further true that ordinarily in view of the said patent illegality, the petitioner would have been entitled to be released on default-bail by virtue of several pronouncement of the supreme court and of this court on the point. still ..... ground that the same was not submitted on stipulated days as fixed for particular police station and or either fsl report or muddamal is not forwarded along with it is patently illegal, and if at all prevailing, is required to be discontinued at once. (ref.: question no. 2)(4) that in cases wherein special courts are not constituted under section 36 .....

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Nov 10 1993 (HC)

Jagjivan Bhimji Vaja Vs. Union of India and ors.

Court : Gujarat

Decided on : Nov-10-1993

Reported in : (1995)1GLR279; (1996)ILLJ629Guj

..... india are very wide. if the quasi-judicial authority, while deciding the question, has failed to take into consideration the relevant material or has taken into consideration irrelevant material and patently wrong decision has been arrived at, the same has to be interfered with by the high court in exercise of powers under art. 226 of the constitution. therefore, reliance placed .....

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Dec 21 1993 (HC)

State of Gujarat Vs. Manibhai Makanji Patel

Court : Gujarat

Decided on : Dec-21-1993

Reported in : (1994)1GLR320

..... called, for that the said circumstance, standing by itself, is hardly of any consequences to entitle any court to exercise its discretion in a manner which may ultimately result into patent injustice to the defendant-state. further, all the learned judges should not be oblivious to yet another important fact that in cases where the state appears, it appears only in ..... and set aside. it is earnestly hoped that the observations made and guidelines given on the pages of this judgment would be scrupulously followed by all courts and that such patent errors, as the one crept-in in the instant case occasioning failure of justice shall not occur in future.5. in the result, this civil revision application is allowed. the .....

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Sep 17 1993 (HC)

Khevinaben R. Patel Vs. Jagdishchandra J. Desai

Court : Gujarat

Decided on : Sep-17-1993

Reported in : (1994)1GLR344

..... alabhai xviii (1977) glr 202. to say that the learned single judge must have exercised only original jurisdiction when he allowed the applications of the respondent in this letters patent appeal, who was the applicant in the civil revision application. the bench, in the above pronouncement, was concerned with the order of the learned single judge, refusing to ..... to the superintendence of the said high court, where the judge who passed the judgment declares that the case is a fit one for appeal;....(emphasis supplied)under the letters patent, various jurisdictions are conferred on the high court. broadly classified, they are ordinary original civil jurisdiction, extra-ordinary original civil jurisdiction, appellate jurisdiction from subordinate courts, jurisdiction as ..... out above, the words 'judgment' and 'decree' used in the code cannot form a safe basis to determine the definition of the word 'judgment' in the letters patent particularly when the letters patent has deliberately dropped the word 'decree' from 'judgment'. we are therefore unable to hold that the view taken by the chief justice, sir page, is correct and ..... no. 1078 of 1986 instituted by the original respondent in the civil revision application for eviction of the applicant in the civil revision application, the respondent in this letters patent appeal is the applicant in the civil revision application. the original respondent in the civil revision application passed away on 5-2-1991. according to mr. mohit s. shah .....

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Feb 24 1993 (HC)

P.K. Bansal, Commissioner of Police and anr. Vs. R.G. Jadeja

Court : Gujarat

Decided on : Feb-24-1993

Reported in : (1993)2GLR984

..... the satisfaction. we are not prima facie satisfied that at this juncture we could straightway characterise the impugned orders of suspension as suffering from any patent infirmity which should oblige this court to stay them. we are obliged to make all the above say only for the purpose of finding out ..... be interference, if extraneous or irrelevant materials are taken note of; or there has been a total non-application of mind, or the action is patently perverse, unfair and unjust or is tainted with mala fides. this court is not supposed to examine the formation of the subjective opinion as if an ..... that his order shall not be implemented for a period of 15 days from the date of his order. on 18-2-1993, on the letters patent appeals being entertained, a bench of this court stayed the common order of the learned single judge. thus, even as on date, the respondents are ..... the respondents, on merits of the letters patent appeals.2. the letters patent appeals are directed against the common interim order of the learned single judge, staying the impugned orders of suspension passed against the respondents. in the ..... today. when we took up the civil application, we found that it would be worthwhile and would serve the cause of the parties. it the letters patent appeals themselves are heard and disposed of today. we heard mr. thakkar, learned counsel for the appellants and mr. a.h. mehta, learned counsel for .....

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