Gujarat Court October 1985 Judgments
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Bank of Baroda, Ahmedabad Vs. Rabari Bachubhai Hirabhai and ors.
Court: Gujarat
Decided on: Oct-11-1985
Reported in: AIR1987Guj1; (1986)1GLR144
A.M. Ahmadi, J. 1. It is distressing to find that the Motor Accidents Claims Tribunal has foisted liability to pay compensation on the appellant Bank by a one line statement to the effect that 'the hypothecating bank, the Bank of Baroda, Ahmedabad, which also steps into the shoes of the owners is vicariously liable. Except this statement found in para 9 of the judgment, we do not find any discussion in support of the statement that the hypothecating Bank steps into the shoes of the owners of the vehicle by virtue of the fact that the offending vehicle was hypothecated with the Bank. It is indeed surprising that the learned Presiding officer constituting the Tribunal did not think it necessary to examine the relationship between the owners of the vehicle and the Bank arising out of the agreement of hypothecation. Except the ipse dixit of the learned , Presiding Officer that the hypothecating Bank steps into the shoes of the owners of the offending vehicle, there is nothing in the entire...
Mohmad Umar Gulam Rasul Varo Vs. District Collector and ors.
Court: Gujarat
Decided on: Oct-11-1985
Reported in: (1986)2GLR1431
M.B. Shah, J.1. The petition is in the nature of prayer for anticipatory bail. In the realm of punitive jurisdiction, when a person is sought to be arrested and deprived of his liberty, he has a right to move the court and pray for grant of bail. Under the amended provisions of the Criminal Procedure Code (Section 438) an accused person may even move for anticipatory bail and in fit cases, the courts do grant such a prayer. However, in the sphere of preventive detention where the executive intends to exercise its power for the purposes of restraining a person from indulging in certain types of anti-social and dangerous activities prejudicial to the maintenance of public order, will it be open to the court to entertain a petition under Article 226 of the Constitution of India and direct the executive authority not to execute the warrant of detention against the petitioner? This, in substance, is the question which is required to be decided in this petition.2. The petitioner contends tha...
Association of Officers G.S.F.C., Baroda and ors. Vs. Gujarat State Fe ...
Court: Gujarat
Decided on: Oct-10-1985
Reported in: (1986)1GLR356; (1986)IILLJ238Guj
1. This petition by the Association of Officers and its members petitioners Nos. 2 to 6 who are officers employed by Gujarat State Fertilizers Company Limited, respondent No. 1 herein (hereinafter referred to as the 'Company'), have filed this petition mainly challenging the legality and validity of the orders dated 6th May, 1984, passed by the Company terminating the services of petitioners Nos. 2 to 6 (hereinafter referred to as the 'petitioners'). 2. Petitioner No. 1 association of officers of the Company (hereinafter referred to as the 'association') is alleged to be the representative trade union of the officers employed by the Company. It may be mentioned here that the Company which had accorded recognition to the association has withdrawn its recognition on 11th May, 1984 and this action of the Company is challenged in a civil suit filed in the Civil Court at Baroda. However, this fact has no bearing on the controversy involved in this petition. Petitioners are office bearers an...
Commissioner of Income-tax Vs. Imtiaz U. Digmar
Court: Gujarat
Decided on: Oct-09-1985
Reported in: (1986)51CTR(Guj)175; [1987]163ITR229(Guj)
Ahmadi, J.1. The assessee, an individual, filed his return of income for the assessment year 1969-70 on December 26, 1969. While declaring the total income of Rs. 4,137, the assessee stated in Part-IV of the return that he had received an amount of Rs. 19,499 as prize from a crossword competition. The Income-tax Officer completed the assessment under section 144 of the Act in view of the default committed by the assessee in complying with the notice served on him under section 142 of the Act. The total income computed was Rs. 25,586. The Income-tax Officer also initiated proceedings for imposition of penalty for concealment of income under section 271(1)(c) of the Act. A show-cause notice was issued, but the assessee failed to respond thereto. The Income-tax Officer, therefore, came to the conclusion that the assessee was guilty of concealment and had filed a return containing incorrect particulars. In the opinion of the Income-tax Officer, the assessee's case fell within the Explanati...
Mohmad Rafiq Alias Chino Mohmad Safi Vs. State of Gujarat
Court: Gujarat
Decided on: Oct-09-1985
Reported in: (1986)2GLR1095
M.B. Shah, J.1. Being aggrieved and dissatisfied by the judgment and order dated 23rd September 1985 passed by the City Sessions Judge, Ahmedabad, allowing Criminal Revision Application No. 157 of 1985 filed by the respondent-State and in granting police remand for ten days for making further investigation in the case of murder of one Mr. Kaushik Shah, original opponent No. 2 has filed Criminal Revision Application No. 399 of 1985. At the time of admission of this matter, the Court had passed the following order:Notice pending admission returnable on October 4, 1985. Mr. R.M. Vin, PP, waives service of notice.Prayer for interim relief is refused. However, by consent of the parties, it is directed that at present the period of remand shall be up to October 4, 1985. The order granting remand passed by the learned Sessions Judge shall take effect immediately. Matter to be placed for further hearing at 2.45 p.m. on October 4, 1985.In view of the refusal of the interim order, this revision ...
Commissioner of Income-tax, Gujarat-ii Vs. Ahmedabad Maskati Cloth Dea ...
Court: Gujarat
Decided on: Oct-08-1985
Reported in: (1986)50CTR(Guj)283; [1986]162ITR142(Guj)
A.M. Ahmadi, J.1. The assessee is a co-operative society registered under the provisions of the Bombay Co-operative Societies Act, 1925. On the enactment of the Gujarat Co-operative Societies Act, 1961, it mist be deemed to be registered under the said Act by virtue of sub-section(2) of section 169 thereof. The bye-laws of the society show that its objects were two-fold, namely, (i) to carry on the trade of building and of buying, selling, hiring, letting and developing land in accordance with co-operative principles, with a view to providing godowns and shops for members engaged in or connected with the cloth trade; and (ii) to carry on social, recreative and educational work in connection with its members, tenants and persons using or occupying the premises built, acquired or otherwise made available or provided by the society. In pursuance of these objectives, the society built shops in the New Cloth Market owned by the society. This shops have been given on leave and license basis ...
Nagindas Tarachand Kothari Vs. State of Gujarat
Court: Gujarat
Decided on: Oct-08-1985
Reported in: (1986)1GLR577
B.S. Kapadia, J.1. The present revision application is filed by the original accused against the order of dismissal of appeal and confirmation of conviction and sentence passed by the learned Addl. Sessions Judge, Surendranagar on 27th August, 1980 in the Criminal Appeal No. 78 of 1979 which was filed against the order of conviction and sentence passed by the learned Judicial Magistrate First Class. Dhrangadhra on 29th October, 1979 in the Criminal Case No. 375/78. The learned Judicial Magistrate First Class by the aforesaid order convicted the accused petitioner for the offence under Section 408 and also for the offence under Section 201 of the IPC and sentenced him to undergo R.I. for three years and fine of Rs. 5,000/- and in default to undergo S.I. for one year for the offence under Section 408 of IPC and also imposed one year's R.I. and a fine of Rs. 500/- and in default further S.I. for three months for the offence under Section 201 of the IPC, but ordered that substantive senten...
State of Gujarat Vs. Karamsi Nayabhai Patel
Court: Gujarat
Decided on: Oct-08-1985
Reported in: (1986)1GLR673
A.P. Ravani, J.1. To arrest an accused person is not an ordinary function of a Magistrate. Then, why and in what manner he should exercise this power of arresting an accused person is the real question at the centre of controversy in this case.2. It is an admitted position that a complaint dated July 8,1985 has been lodged with Nalia Police Station (District Bhuj) against the opponent-accused and other four persons. It is alleged in the complaint that the opponent-accused assisted Pakistani nationals in going back to Pakistan illegally by sea-route. Some of the accused are absconding. The offence alleged against the opponent-accused and others is under the provisions of Passport (Entry into India) Rules, 1980 and under the provisions of Foreigners Act and Foreigners (Restriction of Pakistani Nationals) Order, 1971 and also under the Criminal Law Amendment Act. The Police was in search of the opponent-accused. The opponent knew about this fact. The opponent-accused and two other persons...
Kathi Harsur Rukhad Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Oct-04-1985
Reported in: 1986CriLJ1627; (1986)1GLR682
S.B. Majmudar, J.1. In these two petitions by two brothers who are sought to be externed from the place where they reside and carry on their avocation of life in Malia in Amreli taluka of Amreli district, the externment orders passed against them by the authority and as confirmed by the Secretary, Home Department, have been brought in challenge.2. A few relevant facts may be noticed at the outset. The petitioners are residing at village Malia in Amreli taluka of Amreli district. They are true brothers. Both of them were served with show cause notices of even date viz. 8-11-1983 under Section 59 of the Bombay Police Act. The said notices have been issued by the Sub-divisional Magistrate, Amreli. It was alleged in the said notices that the petitioners were head-strong and quarrelsome persons and on the allegations mentioned in the show cause notices, it was thought necessary to extern them in the exercise of powers under Sections 56, 57 and 63 of the Act from the local limits of Amreli a...
Nandkishore Sakarlal Vs. Controller of Estate Duty
Court: Gujarat
Decided on: Oct-03-1985
Reported in: [1987]163ITR199(Guj)
Ahmadi, J.1. Champaben Sakarlal passed away on September 19, 1973. Thereupon, the accountable person filed estate duty account in respect of the estate of the deceased on March 30, 1974. In the course of the assessment proceedings, exemption was claimed in respect of Rs. 10,000 out of the total gifts of Rs. 57,975 made by the deceased relying on sub-section (2) of section 9 of the Estate Duty Act. Section 9(1) provides that property taken under a disposition made by the deceased purporting to operate as an immediate gift inter vivos whether by way of transfer, delivery, declaration of trust, settlement upon persons in succession, or otherwise which shall not have been bona fide made two years or more before the death of the deceased shall be deemed to pass on the death provided that in the case of gifts made for public charitable purposes, the period shall be six months. Sub-section (2) of section 9 on which reliance is placed reads as under : '9(2). The provisions of sub-section (1) s...
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