Gujarat Court November 1985 Judgments
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The New India Assurance Co. Ltd. Vs. Rambahadursingh Ghandrapaisingh R ...
Court: Gujarat
Decided on: Nov-25-1985
Reported in: 1(1986)ACC400
D.C. Gheewala, J.1. The present appeal is directed against the award passed by the learned Motor Accident Claims Tribunal, Kaira at Nadiad in Motor Accident Claim Petition No. 100 of 1982 which was decided along with so many others by a consolidated judgment. The respondent No. 1 claimant filed the said petition and urged that on 24-10-1983, he was travelling in truck No. GTG 4321 driven by opponent No. 1 and it was owned by respondent No. 3. The truck was being driven at an excessive speed and while it was being driven and it came near Vanakbori Thermal power station, the truck capsized. The applicant along with so many others was injured. The applicant averred that he had sustained permanent disability. He, therefore, filed a claim petition claiming compensation of Rs. 1,00,000/-. The claim petition of course was resisted on various grounds by the driver, owner and the Insurance Co. But the learned Tribunal on appreciation of evidence came to the conclusion that the truck was being d...
Merabhai Chughabhai Kuvadia Vs. State of Gujarat
Court: Gujarat
Decided on: Nov-23-1985
Reported in: (1986)1GLR549
M.B. Shah, J.1. Being aggrieved and dissatisfied by the judgment and order dated 5-10-85 passed by the Judicial Magistrate, First Class, Bhavnagar, in Miscellaneous Criminal Application No. 440 of 1985 rejecting the application for releasing the petitioner on bail as the charge-sheet was not filed within the prescribed period of 90 days the petitioner has filed this miscellaneous application under Sections 167(2)(a) & 439 of the Criminal Procedure Code.2. The learned Magistrate has rejected the said application by holding that the accused is involved in an office punishable under Section 302 of the Indian Penal Code for which the sentence of death or imprisonment for life can fee imposed and according to his opinion this was not a fit case for releasing the accused on bail in view of the seriousness of the offence. He further held that because the charge-sheet is not submitted within 90 days, the accused does not get any right to be released on bail.3. In pursuance of notice, P.S.I. Bh...
Girishbhai Babubhai Raja Vs. Hansaben Girishchandra and anr.
Court: Gujarat
Decided on: Nov-22-1985
Reported in: (1986)1GLR630
N.H. Bhatt, J.1. This is a revision application by the husband of the maintenance proceedings, which were initiated by the opponent-wife against this petitioner-husband. Now during the pendency of these proceedings, the husband had succeeded in getting a decree for restitution of conjugal rights, which would mean that the wife is under an obligation to go and stay with the husband. The right to claim maintenance from the husband ordinarily depends upon the readiness of the wife to fulfil the marital obligation under the roof of the husband. The learned Magistrate had rejected the wife's application on the ground that the husband having procured a decree for restitution of conjugal rights. The learned Addl. Sessions Judge in the wife's revision application disagreed with the trial Magistrate and granted the application and awarded Rs. 150/- p.m. as the amount of maintenance from the date of the application, namely, 12-7-79. This has occasioned the present application by the husband.2. T...
Narendra G. Bhatt and anr. Vs. P.N. Roychaudhary and ors.
Court: Gujarat
Decided on: Nov-20-1985
Reported in: (1986)2GLR763
A.P. Ravani, J.1. (His Lordship after stating the facts of the case, further observed.)2. The petitioners are voters of Vyara Nagar Panchayat (hereinafter referred to as 'Panchayat'). Petitioner No. 2 is also a sitting member of the Panchayat. The term of the Panchayat expires on December 31,1985. The competent authority issued a Notification dated 2-11-1985 (Annexure 'B') declaring election programme for election of the members of the Panchayat. The petitioners challenge the legality and validity of the issuance of the said Notification Annexure 'B', inter alia, on the ground that reconstitution of wards and allotment of reserved seats for scheduled caste, scheduled tribe and for women is not in accordance with the established principles laid down by this High Court and not in conformity with the provisions of Rule 43 of the Gujarat Gram and Nagar Panchayat Election Rules, 1962 (hereinafter referred to as '1962-Rules'). The petitioners also contend that the provisions of Gujarat Panch...
R.G. Makwana Vs. Gujarat State Road Transport Corporation and anr.
Court: Gujarat
Decided on: Nov-19-1985
Reported in: (1986)1GLR392; (1987)ILLJ172Guj
P.R. Gokulakrishnan, C.J.1. This Special Civil Application is to quash and set aside Award dated 6th February, 1985 given by the Presiding Officer, Labour Court, Rajkot in Reference LCR No. 347 of 1982. The petitioner further prays that he must be declared as a 'workman' within the meaning of section 2(s) of the Industrial Disputes Act, 1947. Before the Labour Court. Rajkot, before which a dispute was raised as to whether the petitioner who is the Junior Engineer must be reinstated to his original post with full backwages, a preliminary objection was raised to the effect that the petitioner is not a workman since he is drawing a pay of more than Rs. 1000/- and was also discharging supervisory duties. The Labour Court addressed itself to the fact as to whether the petitioner is a workman as defined under section 2(s) of the Industrial Disputes Act in as much as he draws a salary of more than Rs. 1000/- per month. It is an admitted fact that the salary of the petitioner was Rs. 1500/- pe...
Ajit K. Shahani and anr. Vs. Gujarat Public Service Commission and anr ...
Court: Gujarat
Decided on: Nov-08-1985
Reported in: (1986)1GLR347
R.C. Mankad, J.1. The common point which arises for my consideration in these two petitions is whether the petitioners are entitled to relaxation of the upper age limit for appointment to the post of Assistant Town Planner. Since the common question arises in these petitions, they are disposed of by this common judgment.2. Petitioners were employed as Planning Assistants when applications were invited for the post of Assistant Town Planners, which is a class II gazetted post. Petitioners were selected for these posits and were given ad hoc appointments as Assistant Town Planners. It may be mentioned here that they were given these ad hoc appointments, although they had crossed the upper age limit of 30 years prescribed for the post of Assistant Town Planner under the rules called Assistant Town Planners Land Acquisition Officers (Town Planning and Valuation Department) Recruitment Rules, 1974 (hereinafter referred to as the 'Recruitment Rules'). Since the post of Assistant Town Planner...
Mansukhlal A. Doshi Vs. State of Gujarat
Court: Gujarat
Decided on: Nov-08-1985
Reported in: (1986)2GLR1090
S.A. Shah, J.1. The petitioner who was at the relevant time serving as Assistant Director of Industries, Gujarat State, and alleged to have voluntarily retired, has by this petition challenged the action and orders of the respondent-State Government of not granting him benefits of Government Resolution No. 1070/5158/J, dated 8-10-1970 on the ground that the petitioner has not voluntarily retired but was made to retire by the State Government. The important question, therefore, that arises for my consideration is whether the retirement of the petitioner is voluntary or he has been made to retire by the State Government after giving him three months notice, as provided under Rule 161(1)(aa)(i) of the Bombay Civil Services Rules (B.C.S.R.).2. It is not disputed that the petitioner was recruited as Inspector in the former State of Bombay on or about 3-11-1948, and in due course reached to the post of Assistant Director of Industries from 8-12-1967. As disclosed from the correspondence as w...
Commissioner of Income-tax Vs. Saurashtra Cement and Chemicals Industr ...
Court: Gujarat
Decided on: Nov-07-1985
Reported in: (1986)56CTR(Guj)172; [1987]163ITR258(Guj)
Kapadia, J.1. The Tribunal has referred the following two questions to this court for opinion : '(1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee was entitled to relief under section 80G of the Income-tax Act, 1961, in respect of Rs. 11,595 for the assessment year 1970-71 and Rs. 991 for the assessment year 1971-72 being the value of cement donated by the assessee to the Collector of Surat for flood relief and Arya Kanya Mahavidyalaya, respectively (2) Whether, on the facts and in the circumstances of the case, and, keeping in view the Circular No. 203, dated July 16, l976, issued by the Central Board of Direct Taxes, the Tribunal was justified in law in holding that a sum of Rs. 5,000 in each of the years should be disallowed out of advertisement expenses in respect of advertisements given in various souvenirs when there was no link between the assessee's business and the souvenirs ?' 2. The first question is referred...
Ayubkhan Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Nov-06-1985
Reported in: 1987CriLJ1; (1986)1GLR543
R.J. Shah, J.1. This is a petition filed under Article 226 of the Constitution of India wherein the petitioner has challenged the order of detention dated 20th August 1985, Annexure 'A', passed against him under the provisions of the Gujarat Prevention of Antisocial Activities Ordinance, 1985. The grounds of detention are also of the same date and are at Annexure 'B'. The aforesaid order and the grounds show that the petitioner has been considered to be a 'dangerous person' within the meaning of the said Ordinance.2. It is pertinent to note that the Gujarat Prevention of Anti-social Activities Act, 1985, as per Section 1(3) thereof, has come into force since 27th May 1985 by virtue of the said deeming provision. The Gujarat Prevention of Anti-social Activities Ordinance 1985 was promulgated and published on 27th May 1985. Even though the said Act was published on 1st August 1985 by virtue of the said deeming provision, the Legislature has provided that it should be deemed to have come ...
Commissioner of Wealth-tax Vs. Kasturbhai Mayabhai
Court: Gujarat
Decided on: Nov-05-1985
Reported in: (1986)51CTR(Guj)309; [1987]164ITR107(Guj)
A.M. Ahmadi, J.1. The Wealth-tax Act, 1957 (hereinafter called 'the Act'), was enacted to provide for the levy of wealth-tax and came into force with effect from April 1, 1957. The charging provision, section 3, provides for the levy of wealth-tax in respect of the net wealth of every individual, Hindu undivided family and company at the specified rates. The expression 'net wealth' is defined in section 2(m) as the amount by which the aggregate value computed in accordance with the provisions of the Act of all the assets, wherever located, belonging to the assessee on the valuation date, including assets required to be included in his net wealth as on that date under the Act, is in excess of the aggregate value of all the debts owed by the assessee on the valuation date other than debts exempted by section 6, debts which are in the nature of encumbrances on any property which is not chargeable under the Act or the amount of tax, penalty or interest payable pursuant to an order passed u...
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