Gujarat Court January 1984 Judgments
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Vinubhai Lavjibhai Bavishi Vs. Competent Authority and Additional Coll ...
Court: Gujarat
Decided on: Jan-18-1984
Reported in: (1984)1GLR378
N.H. Bhatt, J.1. This is a petition by a citizen who presently is the sole proprietor of a piece of land bearing Final Plot No. 348/A+B admeasuring roughly 3,730.20 sq. yds. equivalent to 3,118.90 sq. mtrs. situated in a part of the City of Ahmedabad. The Final Plot is of the scheme No. 3 of the Ellisbridge Town Planning Scheme. There is no controversy that the petitioner is the owner of the said land since 30th June 1982, but before that, the land belonged to a firm (of which the petitioner was the partner) running under the name and style of 'M/ Section Thakore Associates' having formally been floated on 26-8-1975, but having coming into existence on 12-8-1975. The said partnership firm had submitted the relevant plans some time in the year 1975 for the purpose of putting up a construction on the land. The plans were passed by the Town Development Officer of the respondent No. 3-Corporation on 29-10-1975 and soon on getting the said permission the construction was started and on 28-1...
K.D. Shah Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jan-16-1984
Reported in: (1984)1GLR422
N.H. Bhatt, J.1. This is a petition by one citizen holding a civil post under the State of Gujarat. At the time he filed the petition he was working as the Personal Assistant to the Joint Director of Health Services, the respondent No. 3 herein. The second respondent, the Director, has passed the impugned order Annexure-A dated 27-12-1983 transferring the petitioner from his present post to the District Panchayat, Surat to occupy a room created by one Mr. Bhage retiring on superannuation with effect from the end of the year 1983. The respondent No. 3 had directed consequently on 30-12-1983 that the petitioner should hand over his charge to one Mr. Gurjar, the Superintendent on 30th December 1983 after office hours. The petitioner has filed this petition for quashing and setting aside the said order as the one passed by the respondent No. 2 without authority of law.1.1. There is no controversy that the petitioner was holding a post under the State Government and all throughout be has se...
Prabhudas Hiralal Rathod Vs. City Deputy Collector and ors.
Court: Gujarat
Decided on: Jan-13-1984
Reported in: (1984)2GLR823
D.C. Gheewala, J.1. The present petition which has been filed under Article 227 of the Constitution of India, is directed against the order of the City Deputy Collector, Ahmedabad, in C. D. C. Electric Case No. 64 of 1981. The present petitioner filed an application under Section 23A of the Bombay Rent Control Act and alleged that he was the lawful tenant of the premises under his occupation belonging to the respondent No. 3. He had applied for an independent electric connection but as the respondent No. 3 did not give his consent thereto, he gave an application under Section 23A of the Bombay Rent Act to the City Deputy Collector. The City Deputy Collector after hearing the parties came to the conclusion that as the disputes between the parties are pending in the Small Cause Court and as it is the allegation of the respondent that the petitioner is a trespasser, no application under Section 23A would be tenable. According to the learned City Deputy Collector, if the electricity supply...
T.R.S. Nair Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Jan-13-1984
Reported in: (1984)1GLR397; (1984)IILLJ102Guj
1. Gujarat Public Service Commission held competitive examination in April 1963 for recruitment of Stenographers Grade I English for appointment to various posts in Sachivalaya and allied offices and offices of Heads of Departments situated at Ahmedabad, which was the capital of the Gujarat State at the relevant time. Petitioner appeared at the competitive examination and was selected by the Gujarat Public Service Commission for appointment to the post of Stenographer Grade I English (hereinafter referred to as the 'Stenographer'). Petitioner secured fourth rank in the examination and was allowed to the Gujarat Revenue Tribunal (hereinafter referred to as the 'Tribunal'). The other selected candidates were allotted to various departments of the Government. Some of them were allotted to various offices of the Sachivalaya. It appears that allotment was made in accordance with exigencies of administration. In other words, candidates who were allotted to various departments of offices in t...
Dr. Lakshmansinh Himatsinhji Vaghela Vs. Nareshkumar Chandrashanker Za ...
Court: Gujarat
Decided on: Jan-12-1984
Reported in: (1984)2GLR850
R.A. Mehta, J.1. The petitioner-original accused, has challenged the issuance of process under Section 465, 468 and 201, I.P.C. on the ground that the requisite sanction under Section 197, Cri. P. C. 1973, is not obtained and, therefore, the Court could not have taken cognizance and issued the process. The Learned Counsel for the petitioner has stated that the petitioner does not want to lead any evidence for a decision on the question of necessity of sanction.2. The facts are simple and not in dispute for the purpose of deciding the preseat question. The petitioner has been in the pay and service of Ahmedabad Municipal Corporation, a Local authority. He is Laboratory Officer in Ahmedabad Municipal Corporation and, therefore, he is a public servant as defined in Section 21 (twelfth) (b), I.P.C, which reads as under:The words public servant' denote a person falling under any of the descriptions hereinafter following, namely:XX XX XX XX XXTwelfth : Every person:(a) in the service or pay ...
Abhay Mills Ltd. and ors. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Jan-12-1984
Reported in: (1984)1GLR484
R.A. Mehta, J.1. The petitioners, (original accused) Abhay Mills Ltd., its directors and officers, have challenged the issuance of the process for offences punishable under Section 109 of the Bombay Industrial Relations Act, 1946.2. The offence alleged against them is that the company had refused nomination form to one Kanubhai Bhagwandas Patel, who had desired to contest the election to the Joint Management Council of the Mill and thereby the Company committed breach of Rule 61-D(1) of Bombay Industrial Relations (Gujarat) Rules, 1961, and it is further alleged that the petitioners-accused are employers within the meaning of Section 3(14) of Bombay Industrial Relations Act, 1946.2.1. Rule 61-D(1) reads asunder:61-D-Nomination of candidates;-(1) Every nomination shall be made on a nomination paper in Form LA and the forms shall be supplied by the Election Officer to any employee on his requisition.It is amply clear on a bare reading of the rule that obligation to supply the nomination ...
Swastic Textile Co. Pvt. Ltd. Vs. Commissioner of Income-tax, Gujarat- ...
Court: Gujarat
Decided on: Jan-10-1984
Reported in: [1984]150ITR155(Guj)
Mehta, J.1. At the instance of the assessee-company, the following three questions have been referred to us under s. 256(21) of the I.T. Act, 1961, for our advice : '1. Whether, on the facts and in the circumstances of the case, the Triibunal was justified in disallowing the commission of Rs. 14,250 paid to Shri Naresh K Patel 2. Whether, on the facts and in the circumstances of the case, the Tribunals finding that commission paid was not for services is perverse and such as no reasonable man can arrive at 3. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in not entertaining the argument regarding deducting actual expenses from the gross receipts to be excluded for computation of manufacturing profits for the purpose of section 80-I holding that it was a new claim ?' 2. In order to appreciate the rival contention urged in support and rebuttal of these questions, a few facts need be noticed. 3. The assessment year with which we are concerned in ...
The New India Assurance Co. Ltd. Vs. Bhanubhai Dhulabhai Bharwad and o ...
Court: Gujarat
Decided on: Jan-10-1984
Reported in: II(1984)ACC485
M.B. Shah, J.1. The Insurance Company being aggrieved by the judgment and order dated 29th February 1980 passed by the Motor Accidents Claims Tribunal No. 1 Nadiad in Motor Accident Claim Applications Nos. 164/79, 165/79, 172/79 and 215/79 has preferred First Appeals Nos. 131/81, 132/81, 133/81, 134 and 135/81. Along with these appeals the original applicant minor Yogeshkumar Vithalbhai Patel has filed Cross Appeal No. 472/81 against the said judgment and order where by the learned Tribunal has awarded Rs. 6,500/- proportionate costs and interest at the rate of 6% per annum for enhancing the said award of compensation and has prayed that in all Rs. 25,000/- ought to have been awarded to him for pain and suffering and for medical expenses.2. Before dealing with the Contention of the Insurance Company, the short facts of the case are that on 4-1-79 respondent No. 1 Bhanubhai Dhulabbai Bharwad was the driver of the motor truck bearing No. GTY 4539. The said truck was owned by respondent N...
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