Gujarat Court February 1991 Judgments
Madhu Silica Private Limited and ors. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Feb-28-1991
Reported in: [1992]85STC258(Guj)
S.B. Majmudar, J.1. In this group of petitions, a common question of vires of section 15B of the Gujarat Sales Tax Act, 1969, as amended by section 2 of the Gujarat Sales Tax (Amendment) Act, 1990, arises for consideration. It is the contention of the petitioners that the said provision is beyond the legislative competence of the State Legislature. 2. In order to appreciate this common grievance of the petitioners, it is necessary to not a few introductory facts : 3. I. Introductory facts : The petitioners are dealers registered under the provisions of the Gujarat Sales Tax Act, 1969 ('the Act' for short). They carry on the activity of manufacturing and selling various goods in this State. For the purpose, they require raw materials which are to be used in manufacturing the end-products. The raw materials purchased by them in the State and used in the manufacturing process have been subjected to purchase tax by the impugned provisions. The petitioners contend that the State Legislature...
Tag this Judgment!Patel Jagrutiben Kalabhai (Minor) and Etc. Etc. Vs. Gujarat Secondary ...
Court: Gujarat
Decided on: Feb-28-1991
Reported in: AIR1992Guj45; (1991)2GLR1250
ORDER1. This group of petitions are filed by the petitioners under Art. 226 of the Constitution of India for an appropriate writ, direction and/or order directing the respondent-Board to declare the result of the students who have appeared in the new SSC examination and to permit them to prosecute further studies in Standard XI by quashing and, setting aside the impugned orders cancelling the result of their examinations.2. For the purpose of appreciating the controversy raised in this group of petitions, it is necessary to set out facts in the first matter, i.e. Special Civil Application No. 5751 of 1990 since the facts are almost similar in all the petitions.3. This petition i.e. Spl. C.A. No. 5751 of 1990 filed by Jagrutiben, a minor girl of 16 years of age through Kalabhai Maganbhai, her father. It is her case that she was a student of Swarninarayan Dwisatabdi Smarak High School, Lavarpur, Taluka & District Gandhinagar. She was having brilliant academic career to her credit and eve...
Tag this Judgment!Bai Amina and ors. Vs. Abdulrehman Gulam Mohamad Mansuri
Court: Gujarat
Decided on: Feb-28-1991
Reported in: AIR1992Guj67; (1991)2GLR1277
Majmudar, J.1. This appeal under clause 15 of the Letters Patent is directed against the order of the learned single Judge of this Court summarily dismissing the first appeal of the appellants and as confirming the decree passed against the appellants by the learned Additional Principal Judge of the City civil court, Ahmedabad in civil suit No. 3051 of 1978. Respondent No. 1 is the original plaintiff, the appellants and respondents Nos. 2 and 3 are the original defendants, in the said suit, For the sake of convenience, we will refer to the parties as original plaintiff and defendants. The dispute centres round possession of residential house situated in Kalupur ward No. 2 of the city especially its first floor. The defendants who are the mother and children are staying in the suit premises. The plaintiff is the father of defendants Nos. 2 to 6 and ex-husband of defendant No. 1. The plaintiff's contention is that he has divorced defendant No.1 on 4-6-1977. That prior to divorce, the pla...
Tag this Judgment!United India Fire and General Ins. Co. Ltd. Vs. Manibehn and ors.
Court: Gujarat
Decided on: Feb-26-1991
Reported in: 1993ACJ941
S.D. Dave, J.1. This rust Appeal arises out of the judgment and award pronounced by the learned M.A.C. Tribunal No. 1 at Bharuch in M.A.C. Case No. 34 of 1979, awarding the total compensation of Rs. 70,000/- to the claimants together with the costs and interest. The award says that the insurer, namely, the United India Fire & General Ins. Co. Ltd. would also be jointly and severally liable to satisfy the award.2. Deceased Govindbhai was travelling by an auto-rickshaw bearing No. CTA 786 on 28.1.1979 and the abovesaid rickshaw was going towards Piraman Naka from Ankleshwar Railway Station. It appears that when the auto-rickshaw had reached near Rasdhara Cold Drink House, near the curve, it had to negotiate the curve on the road and, at that time, the auto-rickshaw had collided with a horse-drawn carriage. The deceased Govindbhai had sustained grave injuries and he had died on the spot. Ultimately, the applicants who happen to be the widow and the four minor children of the deceased alon...
Tag this Judgment!Babu Satyam Bhaiyya and anr. Vs. State of Gujarat
Court: Gujarat
Decided on: Feb-26-1991
Reported in: (1991)2GLR1217
N.J. Pandya, J.1. The learned Special Designated Judge is dealing with what has been registered in the City Sessions Court at Ahmedabad as Terrorist Sessions Case No. 3 of 1990 against the present petitioner. The incident relating to the said case occurred on 14-5-1989 and at Amraiwadi Police Station, an offence came to be registered at No. 242 of 1989 disclosing offences under Sections 302, 120-B of Indian Penal Code, under Sections 25(i)(b)(a) of the Indian Arms Act and under Sections 3 and 5 of the Terrorist & Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as 'the Terrorist Act'). The latter Act is the focus of attention in this petition. Before the learned Designated Judge could frame the charge for offence under Section 5 of the Terrorist Act, by application at Exh. 5 the learned Designated Judge was moved to discharge the accused from offence under Section 5 of the said Terrorist Act.2. The argument advanced seems to be that by commission of the alleged off...
Tag this Judgment!Hiralal Balchandas Patel and anr. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Feb-26-1991
Reported in: (1992)2GLR886
M.B. Shah, J.1. This matter was kept for vacating ad interim relief granted by this Court, but at the request of the learned Advocate of the parties, particularly at the request of the learned Advocate for the petitioner, it was finally heard as he submitted that by vacating ad interim relief the purpose of filing this petition would be frustrated. In paragraph 15 of the petition the petitioners have prayed as under:15(A) A writ of mandamus, or a writ in the nature of mandamus, or any other appropriate writ, order or direction may kindly be issued for quashing and setting aside the notification dated 20th May, 1989 at Annexure 'B' collectively and the notification dated 18-7-1989 at Annexure 'C(B) A writ of mandamus, or a writ in the nature of mandamus, or any other appropriate writ, order or direction may kindly be issued declaring the action of the second respondent to take possession of the lands in question belonging to the petitioners and the persons whose names are stated in Anne...
Tag this Judgment!Lalitaben Bhanabhai D/O. Bhanabhai Malabhai Vs. Lalitaben Bhanabhai W/ ...
Court: Gujarat
Decided on: Feb-22-1991
Reported in: (1991)2GLR1182; (1995)IIILLJ376Guj
M.B. Shah, J. 1. Being aggrieved and dissatisfied by the judgment and decree dated. 27th September, 1979 passed by the City Civil Court, Ahmedabad, in Civil Suit No. 2289 of 1975, defendant No. 1 has filed this appeal. 2. Plaintiff No. 1 has filed this suit for herself and on behalf of her minor sons, plaintiffs Nos. 2 & 3, for partition of properties belonging to her husband Bhanabhai Malabhai against defendants Nos. 1 to 3 who are the daughters of Bhanabhai of his previous wife Kankuben. It is her say that she married the deceased on 20th May, 1971 at village Sanatal, District Ahmedabad, after the death of the first wife of the deceased Bhanabhai. The first wife of deceasedBhanabhai named Kankuben expired in 1970. Lalitaben, defendant No. 1, is a daughter of Kankuben. Defendant No. 2 Shantaben and defendant No. 3 Champaben are the other two daughters of Kankuben. Plaintiffs Nos. 2 and 3 are the minor sons born out of wedlock of plaintiff No. 1 with deceased Bhanabhai. The deceased Bh...
Tag this Judgment!Himatlal Paludan Soni Vs. Gujarat Board of Ayurvedic and Unani Systems ...
Court: Gujarat
Decided on: Feb-20-1991
Reported in: (1992)2GLR1414
C.K. Thakker, J.1. This petition is filed by the petitioner for a writ of mandamus or any other appropriate writ, order or direction directing the respondent authorities to issue a certificate of Registered Medical Practitioner to the petitioner under the provisions of the Gujarat Medical Practitioners Act, 1963 (hereinafter referred to as the 'Gujarat Act') and to enroll him under the said Act.2. It is the case of the petitioner that he is a qualified practitioner in Ayurvedic System of Medicine. He has learnt the science of Ayurvedic Medicine by experience and by undergoing postal tuition from recognised and well-known institutions. He has been staying in the city of Ahmedabad and has been following the said profession of practising Ayurvedic system of medicine prior to more than 15 years of filing of the petition. A certificate of registration from the Registrar of the Board of Private Medical Practitioners was also issued in his favour which is also annexed to the petition. Similar...
Tag this Judgment!Avcharbhai Mohanbhai Upasaria Vs. District Magistrate and ors.
Court: Gujarat
Decided on: Feb-20-1991
Reported in: (1991)2GLR954
K.J. Vidya, J.1. The petitioner-Avcharbhi Upasaria, who came to be detained on the ground of his alleged as a 'property-grabber', by this writ petition under Article 226 of the Constitution, has challenged the legality and validity of the order of detention dated 12-8-1990 under Section 31) of the Gujarat Prevention of Anti-Social Activities Act,1985 (for short-PAPSA) passed by Mr. P.N. Roychowdhary, District Magistrate, Rajkot (for short-the detaining authority) inter alia praying for issuance of the writ of habeas corpus and for quashing and setting aside the detention order, setting him at liberty forthwith.2. Miss D.R. Kachhavah, the learned Counsel for the petitioner though has raised several contentions in the petition, has mainly chosen to attack the impugned order of detention on the ground that the subjective satisfaction of the detaining authority stands vitiated as the activities Alleged against the detenu were disturbing the social order instead if public order Making good ...
Tag this Judgment!Merchant Steel Industries (P) Ltd. Vs. Collector of Customs and Centra ...
Court: Gujarat
Decided on: Feb-19-1991
Reported in: 1993LC293(Gujarat); 1994LC694(Gujarat); 1992(57)ELT540(Guj); (1992)1GLR591
Ravani, J. 1. The petitioner challenges the legality and validity of the order passed by the Collector, Central Excise holding that the petitioner had manufactured tin containers with the aid of power and therefore it was not entitled to the benefits of Exemption Notification No. 94/70 dated May 1, 1970. 2. On August 30, 1976, the factory premises of M/s. Excel Industries Ltd. Bhavnagar were visited by the officers of the Excise department. On inquiry it was found that tin containers which were being used by the Excel Industries Ltd. for packing its product 'calphos' tablets were supplied by the petitioner. Further inquiry and the statement of Shri Jaswant N. Oza, the administrative officer of the petitioner company disclosed that the petitioner had entered into a contract with Excel Industries Ltd. to supply printed tins with lids of components. It was further disclosed that the tin sheets used in the containers were got printed from M/s. Gujarat Metal Box, Ahmedabad with the aid of p...
Tag this Judgment!- ‹ Prev
- 2
- Next ›
- Last »