Gujarat Court November 1990 Judgments
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The Oriental Fire and General Insurance Company Limited Vs. Sunderbai ...
Court: Gujarat
Decided on: Nov-16-1990
Reported in: 1(1992)ACC104
J.N. Bhatt, J.1. This appeal under Section 30 of the Workmen's Compensation Act, 1923 ('Act' for short, hereinafter) is directed against the judgment and award passed by the learned Commissioner for Workmen's Commissioner ('Commissioner' for short hereinafter) in Workman Compensation Application No. 32 of 1980, directing the opponents to pay an amount of compensation of R.s 19,200/-.2. The facts giving rise to the present appeal needs narration at the outset so as to appreciate the merits of the appeal and the challenge against the same.3. The present appellant is the original opponent No. 3. present respondent No. 1 is the original applicant, present respondent No. 2 is the original opponent No. 1 and present respondent No. 3 is the original opponent No. 2, who are hereinafter referred to as original opponent No. 3, the applicant and opponent Nos. 1 and 2 respectively for the sake of convenience and brevity.4. The applicant filed an application under the provisions of Section 3 of the...
State of Gujarat Vs. Shyamsundar Basalal and ors.
Court: Gujarat
Decided on: Nov-16-1990
Reported in: (1991)1GLR439
K.J. Vaidya, J.1. The appeal for enhancement of the sentence arises out of the judgment and order dated 19-6-1984, rendered in Criminal Case No. 950 of 1984, by the learned Chief Judicial Magistrate, Bhavnagar, wherein Shri Shyamsundar Basalal and 8 others who came to be tried for the alleged offences under Sections 4 and 5 of the Prize, Chits and Money Circulation Schemes (Banning) Act, 1978 (for short 'the Act') were ordered to be convicted for the same and sentenced to pay a fine of Rs. 300/- and in default R.I. for 30 days.2. Briefly speaking, the prosecution case as reflected and summed up in charge Exh. 4 was to the effect that 'Shyamsundar Basalal and 8 others of Bhavnagar prior to 12-8-1984 stated a firm in the name and style of 'Shivam Corporation' and gave inducing advertisement inviting funds from the public without licence and thereby committed offence under Sections 4 and 5 of the Act. During the course of the proceedings, the accused pleaded guilty to the charge and praye...
Adam Hasan Rajani Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Nov-15-1990
Reported in: (1991)1GLR384
J.U. Mehta, J.1. The petitioner who is the detenu has challenged the order of detention dated 18-2-1989 passed by the Addl. Chief Secretary to Government, Home Department, Gandhinagar, who is respondent No. 2 herein, by exercising the powers under Sub-section (1) of Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act) and directed that the detenu be kept in custody in the Central Prison, Ahmedabad. Along with the order of detention, the grounds of detention and the materials relied upon were served to the detenu at the time of the execution of the order. On 9-3-1989 a declaration under Section 9 of the Act was also issued by Shri B.V. Kumar, Additional Secretary to the Government of India, Ministry of Finance, Department of Revenue, who is respondent No. 4 herein. Both the order are challenged in this petition.The allegations made in the grounds of detention reveal that on 11-1-1989 the detenu along with others was apprehende...
Chavas Ramji Mavji Vs. Khavas Shantilal Kanji and anr.
Court: Gujarat
Decided on: Nov-14-1990
Reported in: 1992ACJ697; (1992)1GLR387; (1993)IIILLJ793Guj
Bhatt, J. 1. This appeal under Section 30 of the Workmen's Compensation Act, 1923 ('Act' for short, hereinafter) is directed against the judgment and award passed by the learned Commissioner for Workmen Compensation at Jamnagar in Workmen's Compensation Application No. 49 of 1981. 2. The appellant in this appeal is the original applicant, who preferred the application for compensation of Rs. 8,100/- alongwith claim of penalty and interest by invoking the aids of the provisions of Section 3 of the Act, before the Commissioner for Workmen Compensation ('Commissioner, for short, hereinafter), at Jamna-gar. 3. As per the case of the applicant, he was serving as a driver of respondent No. 1 /original opponent No. 1, Khavas Shantilal Kanji and was plying his auto-rickshaw bearing registration No. GTP 734. The applicant was getting Rs. 20/- per day over and above Rs. 2/- per day towards miscellaneous expenses from his master. Thus, the applicant was working as a driver of original opponent No...
Ramjibhai Harkhabhai Vs. Second Extra Special Land Acquisition Officer ...
Court: Gujarat
Decided on: Nov-14-1990
Reported in: (1992)1GLR105
R.K. Abichandani, J.1. The petitioner seeks to challenge the impugned order passed by the Second Additional Special Land Acquisition Officer, Ahmedabad on 11th April, 1988 rejecting the application of the petitioner dated 24th March, 1988 made under Section 28A of the Land Acquisition Act (hereinafter referred to as 'the Act') on the ground that the Notification under Section 4 of the Act covering the lands belonging to the petitioner was issued prior to the coming into force of the provisions of Section 28A, i.e., prior to 24-9-1984.2. The lands of the petitioner and others were required for the purpose of constructing a road. The Notification under Section 4 of the Act was issued by the respondent No. 1 on 4th October, 1979 and published on 13th December 1979. Thereafter Notification under Section 6 of the Act was issued on 12-8-1981 and published on 17-9-1981. In the award made on 23rd December 1982, compensation was given to the petitioner at the rate of Rs. 40/- per Are. Some of t...
Manager, Century Minerals and Chemicals Pvt. Ltd. Vs. Koli Gordhan Lax ...
Court: Gujarat
Decided on: Nov-13-1990
Reported in: 1991ACJ761; [1991(63)FLR200]; (1991)1GLR299; (1993)IIILLJ606Guj
Bhatt, J.1. This appeal is directed against the judgment and award passed by the learned Commissioner for Workmen Compensation, at Jamnagar, on 15.9.1982, in a Workman Compensation Application No. 18 of 1979. Thus, the appellant has invoked the aids of the provisions of Sec. 30 of the Workmen's Compensation Act, 1923 ('Act' for short, hereinafter).2. The facts leading to the rise of the present appeal may be, shortly, stated at this juncture so as to appreciate the merits of the appeal and challenge against it.3. The present appellant is the original opponent No. 1 - Company, present respondent No. 1 is the original claimant and present respondent No. 2 is the original opponent No. 2 - Contractor. The claimant, Koli Gordhan, filed the aforesaid application for compensation under Section 3 of the Act. The claimant, interalia, contended in his compensation application that he was a workman of the original opponents, That during the course of the employment with the opponents, on 23.3.197...
Manager, Century Minerals and Chemicals Pvt. Ltd. Vs. Koligobardhan La ...
Court: Gujarat
Decided on: Nov-13-1990
Reported in: I(1991)ACC472
J.N. Bhatt, J.1. This appeal is directed against the judgment and award passed by the learned Commissioner for workmen Compensation, at Jamnagar, on 15.9.1982, in a workman compensation Application No. 18 of 1979. Thus, the appellant has invoked the aids of the provisions of Section 30 of the Workmen's Compensation Act, 1923 ('Act' for short, hereinafter).2. The facts leading to the rise of the present appeal may be, shortly, stated at this juncture so as to appreciate the merits of the appeal and challenge against it.3. The present appellant is the original opponent No. 1 Company, present respondent No. 1 is the original claimant and present respondent No. 2 is the original opponent No. 2-Con tractor. The claimant, Koli Gobardhan, filed the aforesaid application for compensation under Section 3 of the Act. The claimant, inter alia, contended in his compensation that he was a workman of the original opponents. That during the course of the employment with the opponents, on 23-3-1977, t...
Indian Farmers Fertilizer Co-operative Ltd. Vs. Union of India
Court: Gujarat
Decided on: Nov-12-1990
Reported in: 1991(34)ECC64; 1991(54)ELT38(Guj); (1991)1GLR336
Shah, J. 1. In these two petitions the petitioner, Indian Farmers Fertilizer Co-operative Limited (known as IFFCO), a Multi-unit Co-operative Society engaged in the manufacture of chemical fertilizers and allied products, bye-products and their conversions, storage, transportation and marketing. Its factories are in Kalol and New Kandla Port in the State of Gujarat. It is their say that they regularly import 'phosphoric acid' for use in the manufacture of Nitrogen phosporous potash in large quantity. The question involved in both these petitions is whether Phosphoric Acid imported by the petitioner for manufacture of fertilizer was liable to pay auxiliary duty of customs at the rate of 15 per cent under clause of the Notification No. 14 dated 1st March, 1974 issued by the Central Government in exercise of its powers under Section 25(1) of the Customs Act, 1962 read with clause 19(4) of the Finance Bill, 1974 or whether at the rate of 5 per cent under clause 2 of the said notification. ...
Nathalal Manilal Patel and anr. Vs. A.R. Banerjee
Court: Gujarat
Decided on: Nov-12-1990
Reported in: AIR1992Guj5; (1991)2GLR811
Mankad, Actg. C.J. 1. Appellants original petitioners have filed this appeal under Clause 15 of the Letters Patent, challenging the judgment and order dt. July 19, 1990, passed by the learned single Judge, rejecting their petition being Special Civil Appln. No. 4247 of 1990, under Art. 226 of the Constitution.2. Appellants were members of Chanasma Taluka Panchayat ('Panchayat' for short), which is constituted under the provisions of the Gujarat Panchayats Act, 1961 ('Act' for short). The general election at which the appellants were elected as members of the Panchayat was held in February 1987. The term of the members of the Panchayat is for a period of five years and, therefore, the appellants were entitled to continue as members of the Panchayat till February 1992. Budge estimate of income and expenditure of the Panchayat, for the year 1990-91, was prepared and sent to the District Panchayat of Mehsana for scrutiny as required by S. 124(1) of the Act. The District Panchayat scrutiniz...
Shantivan Corporation Vs. Sub-registrar and ors.
Court: Gujarat
Decided on: Nov-09-1990
Reported in: (1990)90CTR(Guj)196; [1991]189ITR583(Guj)
R.K. Abichandani, J.1. The petitioner seeks to challenge the order at annexure 'G' passed by the appropriate on August 26, 1989 under section 269UD(1) of the Income-tax Act, 1961, for the purchase of an immovable property in dispute by the Central Government and prays for consequential reliefs. The petitioner also seeks a direction on respondent No. 1, Sub-Registrar, for registering the sale deed lodged on May 30, 1989. 2. The challenge which was raised by the petitioner against the constitutional validity of Chapter XX-C of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), was given up by the petitioner as recorded in the order of the Supreme Court dated May 2, 1990 in IA No. 3 of 1990 in Civil Appeal No. 1714 of 1990. At the hearing of the petition, learned counsel, Mr. J. P. Shah, appearing for the petitioner reiterated that the petitioner does not press the question of constitutional validity of any of the provisions of Chapter XX-C of the Act and also gave up the co...
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