Gujarat Court January 1991 Judgments
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Ghanshyam M. Swamy Vs. Classic Steel Products
Court: Gujarat
Decided on: Jan-23-1991
Reported in: [1992]75CompCas695(Guj); (1991)2GLR1075
N.J. Pandya, J.1. The original complainant in Criminal Case No. 894 of 1989 of the Court of J.M.F.C., Mirzapur has filed the present revision application against an order below, exhibit 14, of the said criminal case, Initially, the complaint came to be dealt with by the learned Chief Judicial Magistrate of Magistrate Court, Mirzapur, Ahmedabad, Rural District, who was pleased to take cognizance on July 7, 1989, the date of the filing of the complaint and was pleased to order that process be issued for an offence under section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the said Act'). 2. The matter, thereafter, came to be transferred to the said court of J.M.F.C. and, to be precise, the fourth court and there application, exhibit 14, came to be given by the respondents-accused for quashing of the said criminal case on January 6, 1990. The learned Magistrate heard the parties and by his order dated January 31, 1990, allowed the application and acquitted the ...
Mcgaw - Ravindra Laboratories (India) Ltd. Vs. Union of India
Court: Gujarat
Decided on: Jan-23-1991
Reported in: 1991(33)ECC257; 1991LC523(Gujarat); 1992(60)ELT71(Guj); (1992)2GLR967
G.T. Nanavati, J.1. The petitioner is engaged in manufacturing plastic administration sets, blood administration sets, blood donor sets, tubes and catheters. For manufacturing tubes and catheters, the petitioner is using PVC resins, polyadditive and polyamide materials. In the manufacture of administration sets and blood donor sets, the petitioner not only uses plastic tubes and catheters manufactured by it but also metal needle, aluminium clamps and small pieces of latex rubber tubes which are purchased by the petitioner from other manufacturers. As the goods manufactured by the petitioner fall within Tariff Item No. 15A(1) of the First Schedule to the Central Excises & Salt Act, 1944, and as there was an exemption from payment of whole of the excise duty, because of Exemption Notification No. 68 of 1971 dated 29-5-1971, the petitioner had not taken out any licence for manufacture of those articles and they were removing the said articles without payment of any duty. 2. The Superinten...
State Bank of India Vs. Smt. Kusum Vallabhdas Thakkar
Court: Gujarat
Decided on: Jan-23-1991
Reported in: (1994)1GLR655
R.A. Mehta, J.1. The appellant-plaintiff filed a suit for specific performance of the agreement to mortgage and in the alternative for damages. The suit having been dismissed, the plaintiff-State Bank of India has preferred this appeal.The appellant-State Bank of India had advanced a loan to one Vallabhdas L. Thakkar who was the proprietor of Nitin Pharmaceuticals factory at G.I.D.C. Vapi. The respondent-defendant is the wife of the. said Vallabhdas L. Thakkar. The loan facilities aggregated Rs. 5,50,000/- This was in August, 1972.2. On June 6, 1972, the respondent-defendant wife of the debtor Vallabhdas L. Thakkar executed the suit writing Ex. 20 which is titled 'agreement to mortgage' and it recites that in consideration of the advances already made to M/s Nitin Pharmaceuticals by the State Bank of India and/ or to be made from time to time, the respondent-defendant wife of Vallabhdas L. Thakkar undertook that so long as M/s. Nitin Pharmaceuticals is indebted to the Bank, to execute ...
Devabhai Punjabhai Patel Vs. State of Gujarat
Court: Gujarat
Decided on: Jan-22-1991
Reported in: (1991)2GLR819
J.N. Bhatt, J.1. The challenge in this revision is against the conviction and sentence that came to be passed against the petitioner/original accused for the charges in connection with a vehicular accident, by invoking the aids of the provisions of Section 397 read with Section 401 of the Criminal Procedure Code, 1973 ('Code' for short, hereinafter).2. The facts giving rise to the present revision may, shortly, be stated at the outset.The petitioner herein is the original accused who was tried for the alleged commission of the offences punishable under Sections 279, 337, 338 and 304(A) of the Indian Penal Code and also under Sections 116, 112 and 89 of the Motor Vehicles Act, by the learned Judicial Magistrate, First Class, Dehgam, in Summary Case No. 531 of 1982.3. In that it was alleged that the accused, who was in-charge of a Jeep Car No. GTG 7848, on 19-2-1982, at about 10 a.m. was driving the Jeep Car in a rash and negligent manner on Dehgam-Modasa Road. When the said Jeep Car rea...
Mangal Singh F. Poon Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jan-21-1991
Reported in: (1991)2GLR1104
S.D. Shah, J.1. The petitioner who is dismissed from service, from the post of Police Sub-Inspector, vide order, dated 19th June, 1984 challenges the same by present petition under Article 226 of the Constitution of India.2. The petitioner has a long service career starting from 20th September, 1952 to the date of his suspension, i.e., 10th November, 1973 ultimately resulting into order of dismissal, dated 19th June, 1984. A long period of 11 years is consumed by the departmental enquiry ultimately resulting into his dismissal from service. Even excluding said period, petitioner has actually served from 1952 to 1973.3. Petitioner joined service on 20th September, 1952 as Armed Constable, and he came to be transferred as Un-armed Constable in 1958. In May, 1967 he was promoted as Head Constable. On 2nd July, 1967 he was selected as Police Sub-Inspector and continued to serve as such till he came to be suspended.4. The incident which led to the giving of chargesheet and ultimate departme...
Vanitaben Naranbhai and ors. Vs. Naranbhai Raghavbhai Makwana and anr.
Court: Gujarat
Decided on: Jan-19-1991
Reported in: II(1991)DMC485; (1991)2GLR101
J.N. Bhatt, J.1. Petitioners herein are the original applicants, who claimed maintenance by invoking the aids of the provisions of Section 125 of the Criminal Procedure Code, 1973 ('Code' for short, hereinafter) from respondent No. 1 herein/original opponent, by filing a Misc. Criminal Application No. 30 of 1987. Petitioner No. 1 is the wife and petitioners No. 2 and 3 are the minor children of the opponent. The wife claimed Rs. 400/- for her maintenance and also claimed Rs. 300/- by way of maintenance for each child per month from the opponent.2. She Inter alia contended that her husband is a man of means and doing wholesale business of kerosene. She further contended that her husband is also owning one taxi-rickshaw and also some building. According to her contention, her husband was earning Rs. 10,000/- to Rs. 12,000/- per month. She was unable to maintain herself and her two children. She was staying separate. Therefore she claimed maintenance from the opponent for herself and for ...
Shah Kalidas Madhavlal JaIn Vs. B.L. Thakore
Court: Gujarat
Decided on: Jan-19-1991
Reported in: (1991)1GLR634
S.D. Dave, J.1. This First Appeal arises out of the judgment and decree pronounced by the learned Joint Civil Judge, Senior Division, Nadiad in Special Civil Suit No. 156 of 1976 dated 12th January, 1976, dismissing the suit of the plaintiff against the defendant-Police Officer, without any orders as to cost and calls upon this Court to adjudicate upon and decide the oft raised question as to whether in an action for damages for Police Atrocity the defendant-Police Officer can successfully raise the defence of his acting in a good faith as a Public Servant, giving effect to the orders issued with the apparent authority of the State Government in the discharge of his duty. The learned trial Judge, oblivious of the existence of Article 21 of the Constitution of India and the loud messages sought to be conveyed by the Apex Court of the Nation, after having under taken the liability of defending the Police Officer on his shoulders, has replied the question in affirmative, ushering the plai...
Aflon Engineering Corporation Vs. Union of India
Court: Gujarat
Decided on: Jan-17-1991
Reported in: 1991(33)ECC220; 1991LC314(Gujarat); 1992(61)ELT246(Guj)
G.T. Nanavati, J.1. The Petitioner is a manufacture of what are known as 'PTFE sheets'. There is no dispute that they are articles made of plastic and are covered by Tariff Item 15A(2) of the First Schedule to the Central Excises & Salt Act, 1944. On 29-5-1971, the Central Government, in exercise of the powers conferred on it by Rule 8 of the Central Excise Rules, 1944, issued Notification No. 68/71 exempting articles made of plastics, all sorts, falling under sub-item (2) of Tariff Item 15A, except rigid plastic boards, sheeting, sheets and films, whether laminated or not and flexible polyvinyl chloride sheeting, sheets, films and lay-flat tubings not containing any textile material from the whole of the duty of excise leviable thereon. The case of the petitioner is that PTFE sheets produced by it are not rigid plastic sheets and, therefore, it is entitled to the benefit of the said notification. Even though this position was made clear to the respondents, they called upon the petitio...
Swastik Engineering and Manufacturing Co. Pvt. Ltd. Vs. Income-tax Off ...
Court: Gujarat
Decided on: Jan-16-1991
Reported in: (1991)94CTR(Guj)68; [1991]189ITR667(Guj)
G.T. Nanavati, J.1. The petitioner is an assessee under the Income-tax Act, 1961. After considering the return filed by the petitioner for the year 1972-73, the Income-tax Officer made an assessment under section 143(3) of the Act on August 6, 1974. Aggrieved by the order whereby the assessee's claim for development was rejected, the petitioner filed an appeal to the Appellate Assistant Commissioner who dismissed the same. The appeal filed before the Appellate Tribunal also met with the same fate. Thereafter, the Commissioner of Income-tax, in exercise of his powers under section 263, issued a notice dated July 8, 1976, calling upon the petitioner to show cause why the order of the Income-tax Officer in so far as he failed to disallow the interest payment attributable to the capital borrowed but diverted to the loans advanced to the firm of M/s. Desai Shah Construction Co., of Anand, Desai Shah Construction Co., Nadiad, Desai, Shah Construction Co., Baroda, and Swastik Construction Co....
State of Gujarat Vs. Devji Bechar
Court: Gujarat
Decided on: Jan-11-1991
Reported in: AIR1991Guj187; (1991)2GLR736
J.U. Mehta, J.1. The State of Gujarat who is the original opponent No. 1 has filed this appeal against the award passed by the learned Assistant Judge, Bhavnagar in Land Reference Case No. 1 of 1976 and the original claimants-respondents Nos. 1 to 4 in the present appeal have preferred their cross objections against the part of the award in Land Reference Case No. 1 of 1976.2. Mr. Upadhyaya, learned Advocate for the respondents-original claimants seeks permission to withdraw the cross-objections before effective hearing and the same are permitted to be withdrawn before effective hearing of this appeal. Mr. D. K. Trivedi appearing for the appellant has no objection if the cross-objections are allowed to be withdrawn. The cross-objections are allowed to be withdrawn before effective hearing, with no order as to costs.3. The lands involved in this case are situated at village Chitra, Taluka District Bhavnagar. Notification u/ S. 4 of the Land Acquisition Act (hereafter referred to as 'the...
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