Gujarat Court August 1984 Judgments
Vasanti M. Shah Vs. All India Handloom Fabrics Marketing Co-op. Societ ...
Court: Gujarat
Decided on: Aug-31-1984
Reported in: (1985)1GLR281; (1986)ILLJ69Guj
Majmudar, J.1. In these two petitions under Arts. 226 and 227 of the Constitution which, in substance, are under Art. 227 thereof, the concerned petitioners whose services have been terminated by the respondent-employer, have sought intervention of this Court and have submitted that the order of the Labour Court, Ahmedabad rejecting their reference raising an industrial dispute regarding termination of employment of these petitioners is patently illegal and hence required to be quashed. 2. x x x x x x3. The facts leading to these petitions deserve to be noted in brief at the outset. Petitioner Vasantiben Shah in special civil application No. 569 of 1981 and Bhadraben Dave in special civil application No. 576 of 1981 were, at the relevant time, working as sales assistants in the handloom house run by the respondent-society in the city. Both were employed as permanent sales assistants. The case of petitioner Vasantiben was that she was served with an order of termination from service dat...
Tag this Judgment!Bardolia Textile Mills Vs. Income-tax Officer, Circle Ii, Ward-e, Sura ...
Court: Gujarat
Decided on: Aug-29-1984
Reported in: [1985]151ITR389(Guj)
Poti, C.J.1. The question raised in this special civil application under article 226 of the Constitution of India for a writ of mandamus directing the ITO to pay interest under s. 214(1) of the I.T. Act, 1961, is one on which differing views have been expressed by the High Courts in India. The matter arises under the I.T. Act, 1961. In a case where an assessee pays advance tax under ss. 207 to 213 in excess of the amount of tax determined on regular assessment, provision is made for payment by the Central Government of interest on the excess under s. 214(1) of the Act. The interest is payable for the period from the 1st of April next following the financial year in which advance tax is paid and in cases where any such instalment is paid after the expiry of the financial year during which it is payable, the interest on such instalment will run from the date of payment. As to the point of commencement of the period for which interest is thus payable under s. 214(1) there is no controvers...
Tag this Judgment!Jodha Vasta and ors. Vs. Assist. Engineer and ors.
Court: Gujarat
Decided on: Aug-28-1984
Reported in: (1985)2GLR1141
S.A. Shah, J.1. The petitioners are the employees of the Western Railway, and were originally working as Casual Labourers Khalasis at Dhola Junction. According to Rule 2501 of the Indian Railway Establishment Manual (hereinafter referred to as 'the Manual'), when a Casual Labourer works for a period exceeding four months continuously, he is conferred a temporary status. As shown in para 4 of the petition, the petitioners had joined their services as casual Labourers (Khalasis) in the Western Railway from 1961 to 1972 on different dates mentioned in para 2 of the petition, and a temporary status was conferred on all the petitioners in year 1972-73. Even according to the railway, temporary status has been conferred on the petitioners from 1970 to 1973, i.e. earlier than what is mentioned by the petitioners. Therefore, there is no dispute that the petitioners were temporary workmen. Except petitioner No. 4, who joined as Labourer according to the respondent-railway in year 1954, no dates ...
Tag this Judgment!P.K. JaIn and anr. Vs. Union of India and ors.
Court: Gujarat
Decided on: Aug-24-1984
Reported in: (1985)2GLR1199; (1986)ILLJ264Guj
1. The petitioners' who are at present holding the post of Permanent Inspector of Ways (hereinafter referred to as 'the Inspector') in the Civil Engineering Department of Western Railways in the scale of Rs. 250-380(A)/425-700(R), have by this petition challenged the final seniority list of the cadre of Inspectors wherein their names are shown at serial nos. 185 and 186 respectively, on various grounds, and are claiming higher seniority on the basis of their earlier selection held in 1968. 2. The relevant facts, inter alia, are that the petitioners were initially appointed as Assistant Permanent Way Inspectors (hereinafter referred to as 'the Assistant Inspectors') in years 1960 and 1961 respectively. The next avenue for promotion is the post of Inspector. The post of Inspector is a selection post as shown in Appendix to the India Railway Establishment Manual, and at the relevant time seniority was maintained on the Divisional basis. There were eight different divisions constituted in ...
Tag this Judgment!Narottamdas L. Shah Vs. Subanali Nazarali and anr.
Court: Gujarat
Decided on: Aug-23-1984
Reported in: (1985)2GLR1278
B.S. Kapadia, J.1. The present application is filed under Section 482 of the Criminal Procedure Code by the applicant, who is the Editor, Printer and Publisher of a daily newspaper known as 'Jai Hind'. In the issue of Jai Hind dated 21st November 1982 (in the weekly Purti) on page 2 an article on Aya Tolla was published. The heading of the article was 'Was Aya Tolla Khomaini born in India ?'. The copy of the said article is annexed as Annexure A to the petition. On the basis of that article, the opponent No. 1 has filed a complaint under Sections 500 and 501 of the Indian Penal Code in the Court of the learned Judicial Magistrate, First Class, Rajula which is numbered as Criminal Case No. 886/82. The learned Magistrate took cogniance of the said complaint and issued process against the applicant.2. In this petition, the petitioner has submitted, that there is not even a single word in the article which is defamatory and the entire complaint is filed only with a view to harass the petit...
Tag this Judgment!Ahmedabad Jesuit Schools Society Vs. State of Gujarat
Court: Gujarat
Decided on: Aug-21-1984
Reported in: (1985)2GLR724
P.S. Poti, C.J.1. The question raised in both these petitions is identical, and is common to the minority character of the institutions in respect of which these petitions are filed. We are therefore referring for the sake of convenience only to one of the two petitions, viz. SCA No. 3336 of 1984. Whatever is said in regard to that will apply to the other case also.2. The petitioner is a Public Charitable Trust registered under the Bombay Public Trusts Act, 1950 and is also a society registered under the Societies Registration Act, I860. It is engaged in promoting education for which purpose it has established (1) St. Mary's High School, Rajkot and (2) St. Xavier's High School, Jamnagar. The Trustees of the petitioner-Trust profess the Catholic faith and belong to a minority community within the meaning of Article 30(1) of the Constitution of India. The resort to this Court has been necessitated by reason of a resolution passed by the State Government on 23rd April, 1984 laying down ru...
Tag this Judgment!Mohan Vasta Vs. State of Gujarat
Court: Gujarat
Decided on: Aug-14-1984
Reported in: AIR1985Guj115; (1985)1GLR293
S.L. Talati, J.1. Mohan Vastahas ,filed this petition under Art. 226 of the Constitution of India challenging the judgment' and order of the Special Land Acquisition Officer, Rajkot, dt. 14-6-1977. The land of the petitioner bearing survey No. 63/2 was acquired by the respondent. The award was passed on 13-8-1976 and the petitioner was paid the amount of Rs. 3302.82 as compensation. That amount was accepted under protest. He thereafter presented an application to the Collector for reference under S. 18(2) of the Land Acquisition Act. As this petition was not submitted within a period of 45 days as provided by S. 18 of the Land Acquisition Act he submitted an application to cond9ne the delay. The ground stated was that his wife was sick and was suffering from T.B. and there were heavy rains. He produced the medical certificate and also an affidavit of a respectable person from the village. The Collector after considering the matter came to the conclusion that though the wife of the peti...
Tag this Judgment!Upendra Chamanlal Sehgal and ors. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Aug-13-1984
Reported in: (1986)1GLR319
M.B. Shah, J.1. The petitioners had filed this Miscellaneous Application for quashing and setting aside the order passed by the Additional Executive Magistrate on 13-5-83 under Section 146 of the Criminal Procedure Code attaching the disputed property.2. It is the say of the petitioners that respondent No. 2 made an application on 13th May 1983 to the Executive Magistrate, Surat, under Section 145 of the Criminal Procedure Code stating that the dispute between the petitioners and the respondent was likely to cause breach of peace and, therefore, he bad issued notices to both the parties to remain present before him for making written submissions on 23-5-83.3. Before filing of this application the petitioners have admitted in paragraph 6 of the petition that they have preferred one Misc. Criminal Application No. 1143 of 1983 before the Hon'ble Court under Section 482 of the Code for quashing and setting aside the order passed by the Executive Magistrate under Section 145 and under Secti...
Tag this Judgment!Tolaram Gangaram Vs. Income-tax Officer, Circle-ii, Ward-m (Sic), Ahme ...
Court: Gujarat
Decided on: Aug-10-1984
Reported in: [1985]155ITR55(Guj)
Mehta, J.1. A short question arises in this petition, viz., whether the ITO had exceeded his jurisdiction in issuing notice for reassessment, vide his notice of March 10, 1980, for reopening the assessment for the assessment year 1973-74, in exercise of his powers under s. 147(a) of the I.T. Act, 1961. A few facts need be noticed in order to appreciate the question which has been raised in this petition. 2. S.Y. 2029 corresponding to the period from November 7, 1972, to October 26, 1973, was the previous year to the assessment year 1974-75. Similarly, S.Y. 2028 corresponding to the period from October 20, 1971, to November 6, 1972, was the previous year to the assessment year 1973-74. The petitioner-assessee had derived income by way of share income from a partnership firm under the name and style of M/s. Tolaram Brothers. The assessee was one of five owners having 1/5th share each in the property known as 'Mira Palace' situate at Maninagar, Ahmedabad. It is common ground that the cons...
Tag this Judgment!Surat Municipal Corporation Vs. Rameshchandra Shantilal Parikh and ors ...
Court: Gujarat
Decided on: Aug-09-1984
Reported in: AIR1986Guj50; (1985)2GLR71
1. When the Sun sets and the shadows of darkness take over the day light, almost all the living beings - birds and animals, domestic as well as stray animals -get a place to lay on their head and pass the night peacefully. Even the snakes and reptiles can find their holes and stay therein without any threat or danger of being removed or thrown away. But that which is natural and usual in the scheme of nature is denied to human beings. After ensuring fundamental right to life, the citizens of this country are being denied the right to exist. Therefore questions arise - which type of society have we created and what do we desire to achieve? Is it obligatory upon the Courts of law to direct concerned executive authority to remove the hutments and clear the public road? Should the ghost of Dicey continue to haunt us and virtually rule our thinking? Is it not the obligatory duty of the Courts to be aware of the constitutional provisions and the aims and objects of the National Plans for soc...
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