Gujarat Court June 1980 Judgments
State Vs. Shanabhai Shankerbhai Gohel
Court: Gujarat
Decided on: Jun-27-1980
Reported in: (1980)2GLR221
D.H. Shukla, J.1. The respondent herein Shanabhai Shankerbhai Gohel, is the original accused in Criminal Case No. 43/78, which proceeded before the Chief Judicial Magistrate, Bharuch and wherein the respondent was charged for an offence under Section 409 of the Indian Penal Code, vide charge (Exh. 2). It was alleged against the accused that being a Sarpanch of the Gram Panchayat of the village of Aladar, he was a public servant and during his status as such, he misappropriated a sum of Rs. 630-40 ps. and committed the aforesaid offence. The respondent pleaded not guilty to the charge which was levelled against him vide Exh. 3. Thereafter, the complainant, Rameshchandra Trikamlal Meckwana was examined as a witness for the Prosecution (Exh. 7) and after his examination-in-chief was over, the matter was adjourned to 16-11-1978. On that day, the respondent vide Exh. 18 made a confession and prayed for the mercy of the Court. The records show that prosecution witness No. 1, the complainant,...
Tag this Judgment!Commissioner of Income-tax, Gujarat-i Vs. Sumantbhai C. Munshaw (Decd)
Court: Gujarat
Decided on: Jun-25-1980
Reported in: [1981]128ITR142(Guj)
P.D. Desai, J.1. One S. C. Munshaw was assessed to income-tax in the status of an individual up to the assessment year 1967-68. For the assessment year 1968-69, the previous year being the financial year ended on March 31, 1968, he filed a return of income on March 25, 1970. He died on January 7, 1971. On February 23, 1972, the ITO passed an assessment order determining the total income of the deceased at Rs. 1,50,410. In the assessment order, the name of the assessee was shown as 'Shri S. C. Munshaw'. 2. An appeal was carried to the AAC against the aforesaid assessment order by 'Shri S.C. Munshaw (decd.), legal heir, Renukaben S. Munshaw'. The submission on behalf of the appellant was that after the death of Munshaw, which was a fact within the knowledge of the ITO, the assessment proceedings could have been continued only against the legal representative from the stage at which it stood on the date of death of the deceased and that that having not been done and an invalid assessment ...
Tag this Judgment!Shantaben P. Gandhi Vs. Commissioner of Income-tax, Gujarat-iii
Court: Gujarat
Decided on: Jun-23-1980
Reported in: [1981]129ITR218(Guj)
P.D. Desai, J. 1. The assessee was the owner of an immovable property situate on the Juhu Road, Santa Cruz, Bombay. The immovable property consisted of a piece or parcel of land admeasuring in the aggregate 2,084 sq. yards. The immovable property was divided into two parts, one part consisting of an open peice of land admeasuring 544 sq. yards (hereinafter referred to as the 'smaller plot') and the other consisting of 1,540 sq yards of land (hereinafter referred to as the 'larger plor'). Out of the larger plot, which was situated in the front, 100 sq. yards of land was acquired by the Municipal Corporation of Bombay. Ultimately, therefore, the assessee was left with 1,440 sq. yards of land out of the larger plot. There was a building constructed on the said portion of land which was partly let out and partly occupied by the assessee herself. 2. It appears that on June 5, 1967, the assessee entered into an agreement with one K. K. Vora and two others to sell to them the larger plot with...
Tag this Judgment!Nirmala Dyeing and Printing Mills Pvt. Ltd. Vs. Regional Provident Fun ...
Court: Gujarat
Decided on: Jun-23-1980
Reported in: (1980)2GLR361
M.P. Thakkar, J.1. Having made persistent defaults almost every month commencing from March 1974 till March 1976 in making deposit of Provident Fund and Family Pension contributions and administrative charges payable under the Employees' Provident Funds & Miscellaneous Provisions Act, 1952, a notice was issued against the petitioner on September 27, 1966 by the Regional Provident Fund Commissioner calling upon the petitioner to show cause within one month of the service of the notice why penalty as proposed in Annexure 'A' should not be imposed. The petitioner was also afforded an opportunity of personal hearing before the Regional Provident Fund Commissioner by remaining present to make submissions in this behalf on October 27, 1976 at 11-00 a. m. The petitioner Company did not care to show cause in writing in response to the notice. Nor did the petitioner send any one to appear at the personal hearing on the appointed day. As no cause was shown the Regional Provident Fund Commissione...
Tag this Judgment!Patel Rajesh Motibhai and anr. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jun-20-1980
Reported in: AIR1981Guj30; (1981)0GLR417
ORDER1. These two petitions raising common questions of law and somewhat similar questions of facts are being disposed of by this common judgment with the concurrence of the learned advocates appearing in the matters.2. There is a sole petitioner in the special civil application No. 443 of 1980 and there are two petitioners in the Special Civil Application No. 460 of 1980. All the three are the students of the M. P. Shah Medical College, Jamnagar, who had passed their first M.B.B.S. examination, the results of which were declared sometime in January 1980. It is common ground that admissions to Government Medical Colleges situated at Ahmedabad, Baroda, Surat and Jamnagar are given by the State of Gujarat strictly according to merits. The Rules for admission to this course are published by the Government and they are dated 10-5-79. The students who have passed the 12th Std. examination with Science subjects including Biology, are eligible for admission. It would be evident that students ...
Tag this Judgment!Bhanumati Vithaldas Gor and ors. Vs. Magabhai Dhulabhai and ors.
Court: Gujarat
Decided on: Jun-20-1980
Reported in: AIR1981Guj182
Shukla, J.1. Appellant No. 1, Smt. Bhanumati Vithaldas Gor, is the mother of appellant No. 2, Pankajkumar Kirtikumar and appellant No. 3, Dipakkumar Kirtikumar, both of whom are minor sons of appellant No. 1. Appellant No. 1 is further a widow of one Kirtikumar Chinubhai who met with a Bad fatal accident on 27-8-1972 at about 7-00 p.m. on Sevaliya Balasinor Road by the rash driving of the S. T. Bus bearing No. GTE 4578 by its driver Magabhai Bhulabhai (respondent No. 1), who was driving the same bus during the course of his employment with Gujarat State Road Transport Corporation (respondent No. 2). Respondents Nos. 3and 4 were parents of deceased Kirtikumar and respondents Nos. 5 and 6 were his unmarried sisters.2. The appellants had alleged that they are entitled to claim compensation from respondents Nos. 1 and 2 both, as the deceased had met with death on account of a motor vehicle having been driven in a rash and negligent manner. The claim which was made by the appellants therein...
Tag this Judgment!Commissioner of Income-tax, Gujarat-ii Vs. Amitbhai Gunvantbhai
Court: Gujarat
Decided on: Jun-18-1980
Reported in: (1980)19CTR(Guj)105; [1981]129ITR573(Guj)
Divan C.J. 1. These two references are inter-connected as we will indicate in the course of this judgment and it is best to dispose of both of them by this common judgment. In Income-tax Reference No. 104 of 1974, made at the instance of the revenue, the following question has been referred to us : 'Whether, on the facts and in the circumstnces of the case, the Tribunal was right in law in holding that the capital gains was liable to be assessed for the assessment year 1968-69 on the footing of the cost of shares being Rs. 80 and not Rs. 50 per shar ?' 2. This reference came up for hearing before a Division Bench consisting of myself and T. U. Mehta J. on November 19, 1975. On that day the Division Bench found that the real controversy between the parties was not brought out by the question in the form in which it had been refered to the High Court. In order to bring out the real controversy between the parties, the Division Bench reframed the question by framing two separate questions...
Tag this Judgment!Santoshi Education Trust and anr. Vs. the State of Gujarat and ors.
Court: Gujarat
Decided on: Jun-18-1980
Reported in: AIR1981Guj85; (1981)0GLR669
Thakkar, J.1. The State of Gujarat. Director of Education and its officers insist that the ownership of a suitable building is an essential condition for granting permission to open a private primary school and for according recognition for the purpose of Grant-in-Aid Code. That is why, Shri Santoshi Education Trust (hereinafter referred to as the Trust) and one of its trustees have instituted the present petition for appropriate reliefs directing the State of Gujarat and the Director of Education and its officers to grant them permission to open a private primary school and to accord recognition for the purpose of Grant-in-Aid Code without insisting on the aforesaid precondition.2. The petitioners made an application as per annexure 13, dated June 16, 1977 in the prescribed form seeking permission to open a private primary school with English Medium and seeking recognition for the purpose of Grant-in-Aid Code, for the said school. The Administrative Officer, Panchmahals District Educa...
Tag this Judgment!Manubhai D. Shah Vs. Life Insurance Corporation of India and ors.
Court: Gujarat
Decided on: Jun-17-1980
Reported in: AIR1981Guj15; (1981)0GLR206
Sheth, J.1. The Petitioner is the Executive Trustee of Consumer Education and Research Centre (hereinafter referred to as the 'Centre' for the sake of brevity) at Ahmedabad. He has filed this petition as a citizen of India and also in his capacity as the Executive Trustee. The Centre published a study entitled 'A fraud on policy-holder'. It is not disputed that it was a scientific research made into the working of the Life Insurance Corporation (hereinafter referred to as the 'Corporation' for the sake of brevity). This study tried to portray and establish the discriminatory practices which the Corporation is alleged to have adopted and which adversely affect a large number of policy-holders their investment policies, their expense ratio, availability of term insurance and other cognate matters. Mr. N. C. Krishnan who is a Director of the Corporation wrote a reply to it. His reply was published in The Hindu on 6th November 1978. In that reply, he tried to challenge the conclusions reco...
Tag this Judgment!Vijaychandra Vrajlal Ambani and anr. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jun-17-1980
Reported in: (1980)2GLR419
A.N. Surti, J.1. A question of considerable importance is raised in the present petition affecting the selection and/or the appointment of the Registrar of the City Civil and Sessions Court, Ahmedabad.2. In order to appreciate the point canvassed in the petition, a few relevant facts may be stated.3. The post of the Registrar of the City Civil and Sessions Court, Ahmedabad, fell vacant on July 1, 1979. Prior to that the Gujarat Public Service Commission invited the applications from the suitable candidates by its advertisement dated April 17, 1979, and the same was published in the Gujarat Government Gazette dated May, 3, 1979. Petitioner No. 1 as well as respondent No. 3 had applied for the said post. On July 23, 1979, petitioner No. 1 and respondent No. 3 were interviewed by the Gujarat Public Service Commission at Ahmedabad, and after their interviews, the Secretary of the Gujarat Public Service Commission, Ahmedabad, put up a notice that respondent No. 3-Shri Arvindray Janakray Dav...
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