Gujarat Court April 1991 Judgments
Safimahmad Ibrahim Vora Vs. State of Gujarat
Court: Gujarat
Decided on: Apr-30-1991
Reported in: (1993)2GLR1728
M.S. Parikh, J. 1. This appeal is directed against the judgment and order of conviction and sentence dated 11th August, 1989 passed in Sessions Case No. 227 of 1988 by the learned Additional Sessions Judge, District Kheda at Nadiad. The appellant-accused was convicted for the offences punishable under Sections 306 and 498A of the Indian Penal Code ('I.P.C.' for short) and sentenced to rigorous imprisonment for five years and fine of Rs. 200/- in default rigorous imprisonment for one month, for the offence under Section 306 of I.P.C. and rigorous imprisonment of one year and fine of Rs. 100/-, 15 days' rigorous imprisonment in default, for the offence under Section 498A of the I.P.C.2. Briefly according to the prosecution case Shahida and accused Safi Mahmad Ibrahim had more than 15 years of married life and had a son of about 10 years. It is alleged that the accused who was previously serving with Vallabh Glass Factory at Vidyanagar, was relieved from his job about 2 to 3 years before ...
Tag this Judgment!Maheshwari Mills Ltd. Vs. Union of India
Court: Gujarat
Decided on: Apr-29-1991
Reported in: 1992(37)ECC123; 1994LC644(Gujarat); 1992(58)ELT9(Guj); (1992)1GLR172
A.P. Ravani, J. 1. Certain goods are manufactured but not cleared and therefore not assessed to excise duty, when the Act imposing duty of excise comes into force. On such goods whether duty of excise can be levied and collected at the time when the goods are sought to be cleared If yes, would the Act be not retrospective What, then, is the meaning of the term 'retrospective' These are some of the questions which arise in this petition consequent upon the imposition of additional duties of excise on certain textile articles. 2. The facts and the controversy. The petitioner mill company manufactured cellulosic spun yarn as well as cotton yarn, and cotton fabrics. These products were excisable goods falling under tariff item Nos. 18, 18A and 19 respectively of the First Schedule to the Central Excises and Salt Act, 1944 (hereinafter referred to as 'the Act of 1944') as in force at the relevant time. On October 3, 1978 the Additional Duties of Excise (Textiles and Textile Articles) Ordina...
Tag this Judgment!NizamuddIn FakiruddIn Kazi and ors. Vs. State of Gujarat
Court: Gujarat
Decided on: Apr-29-1991
Reported in: (1991)2GLR1261
B.J. Shethna, J.1. Present petitioners who are the accused with one Rahishkhan Pathan against whom complainant Rafiuddin Kazi filed a complaint for the offences punishable under Sections 506 and 114 of I.P.C. before Valsad (Rural) Police Station on 10-3-1989 at 12-45 p.m. which is registered as C.R. No. I-59 of 1989 have filed this petition before this Court in exercise of its powers under Article 226 of the Constitution of India and prayed that the impugned complaint be quashed against the petitioners.2. Mr. Shah learned Advocate for the petitioners submitted that the impugned complaint is required to be quashed on the following grounds: (1) that the complaint filed against the petitioners is false, (2) taking the averments made in the complaint as it is, no case is made out under Sections 506 and 114 I.P.C., (3) the investigation is mala fide and (4) under Section 167(5) Cr. P.C. the investigation is not concluded within a period of 6 months from the date of arrest of the accused, th...
Tag this Judgment!Municipal Commissioner Vs. Sanatkumar D. Brahmbhatt
Court: Gujarat
Decided on: Apr-24-1991
Reported in: (1992)1GLR432; (1993)IIILLJ882Guj
Majumdar, J.1. Rule. Mr. Brahmbhatt appears for the respondent and waives service of Rule. With the consent of the learned Advocates of parties, Rule is heard today.2. The grievance made by the petitioner Corporation in this petition under Article 227 is that the Industrial Tribunal had patently erred in law and had also committed error of jurisdiction in interfering with the punishment imposed departmentally against the respondent by way of stoppage of three yearly increments with future effect and by substituting the punishment of stoppage of one increment without future effect. Such type of jurisdiction could not have been exercised under Section 11A of the Industrial disputes Act, 1947 ('the Act'for short) which on its express language would not apply to such a case.3. In order to appreciate the grievance of the petitioner, a few relevant facts may be noted. The respondent was working at the relevant time as an octroi clerk. The allegation against him was that he had allowed a truc...
Tag this Judgment!Rajput Anil Ramsinh and anr. Vs. State of Gujarat
Court: Gujarat
Decided on: Apr-24-1991
Reported in: (1992)2GLR1146
B.S. Kapadia, J.1. The present appeal is filed by the appellants Rajput Anil Ramsinh and Rajput Jeetendra Ramsinh who are convicted and sentenced by the learned Addl. Sessions Judge, Rajkot, in Original Sessions Case No. 31 of 1985 as under:The accused Nos. 1 and 2 are convicted for the offence under Section 302 and also under Section 302 read with Section 34 of the I.P.C. for causing death of Nanji Puja. Similarly, the accused Nos. 1 and 2 are also convicted for the offence under Section 304 Part II read with Section 34 of I.P. for causing death of Himanshu Vyas. The accused Nos. 1 and 2 are also convicted for the offences under Section 324 read with Section 34 of the I.P.C. for causing injuries to Dhiru Nanji. The accused Nos. 1 and 2 are also convicted for the similar offences for causing injuries to Bhanuben Dhirubhai, Amarshi Mavji, laduben Amarshi and Kamlesh Sonpal. They are also convicted for the offence under Section 342 of I.P.C. for wrongful confinement of Dhiru Nanji. They ...
Tag this Judgment!Euro India Investments Ltd. and anr. Vs. Cement Corporation of Gujarat ...
Court: Gujarat
Decided on: Apr-23-1991
Reported in: [1993]76CompCas691(Guj); (1992)1GLR329
M.B. Shah, J.1. Company Petition No. 22 of 1991 is filed under sections 397 and 398 of the Companies Act, 1956 (hereinafter referred to as 'the Companies Act'). It is the case of the petitioners that Cement Corporation of Gujarat Ltd. (hereinafter referred to as the 'company') was incorporated on March 29, 1973. The nominal capital of the company is Rs. 40 crores divided into 4 crores equity shares of Rs. 10 each. The issued capital of the company is Rs. 30,25,00,000 divided into 3,02,50,000 equity shares of Rs. 10 each. It was floated originally by respondent No. 2, Gujarat Industrial Corporation Ltd. (hereinafter referred to as the 'GIIC'). Till 1981, the proposed project for setting up a modern cement plant in Gujarat had not made any worthwhile progress. At that stage Shri Mahendra N. Mehta, the Chairman of the Mehta group of companies, had come to India on a brief visit in the year 1980. The then Chief Minister of Gujarat and the Finance Minister invited him to meet them and asked...
Tag this Judgment!Tata Metals and Strips Ltd. (Formerly Ahmedabad Advance Mills Ltd.) Vs ...
Court: Gujarat
Decided on: Apr-23-1991
Reported in: (1992)2GLR1232
G.T. Nanavati, J. 1. The Ahmedabad Advance Mills Ltd. (Tata Metals and Strips Ltd. since 3rd February, 1989), has a metals and special alloy steel division at Navsari, where it is engaged in manufacturing cold rolled steel strips. In 1970, it embarked upon expansion of the said unit by setting up a plant for bright annealing and grinding of the cold rolled steel strips. On 31st March, 1982, it invested for that purpose Rs. 1,82,07,308, approximately. It also commenced production from 31st March, 1982. 2. With a view to encourage establishment of industries in the State, and to achieve the object of development of small, medium and large scale industries in rural areas and backward areas to achieve a more balanced growth, and decongestion of industries from developed areas and cities like Ahmedabad, Baroda and Surat, the Government of Gujarat announced two schemes by two separate resolutions passed on 22nd December, 1977. By the first resolution, it framed a scheme called the State Cash...
Tag this Judgment!Firdaus Amrut Higher Secondary School, Ahmedabad Vs. M.M. Dave
Court: Gujarat
Decided on: Apr-19-1991
Reported in: AIR1992Guj179; (1992)1GLR314
ORDER1. Present petition under Article 227 of the Constitution is directed against the judgment and order of the Gujarat Secondary Education Tribunal, dated 1-8-1986 in Application No. 191/86 (Annexure'J' to the petition). Initially the petitioners also challenged the constitutionality of Ss. 36, 38 and 39 of the Gujarat Secondary Education Act (hereinafter referred to as 'the said Act') as violative of Art. 30(l) of the Constitution of India. However, the said prayer was not pressed by the advocate of the petitioners as per the endorsement, dated 3-10-1986, and the matter was, there after, treated as matter triable by single Judge.2. The facts giving rise to the present petition, shortly stated, are as under:(i) The petitioners are the trustees of 'Firadaus Amrut Education Trust' being a public trust registered under the provisions of Public Trusts Act , and they belong to minority community, i.e. 'Parsi Zoroastrian community'. By Trust Deed, dated 26th March, 1968, the settler, namel...
Tag this Judgment!Champaklal Becharbhai and ors. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Apr-19-1991
Reported in: (1992)2GLR958
A.P. Ravani, J.1. In Special Civil Application No. 1657 of 1988 there are 28 petitioners who own land of different survey numbers of village Ichhapur, Taluka Choryasi, District Surat. In other petitions also the petitioners are owners of land of different survey numbers. Except in Special Civil Applications No. 3689 of 1988 and 8537 of 1989, the petitioners have challenged the variations and modifications made in the draft development plan of Surat Urban Development Area, and have also challenged the variations made in the draft development plan and the sanction given to the final development plan. These petitioners, in addition, have challenged the legality and validity of land acquisition proceedings initiated pursuant to notification under Section 4 of the Land Acquisition Act, 1894 dated March 22, 1987 and Notification under Section 6 of the Act dated March 17, 1988. In Special Civil Applications No. 3689 of 1988 and 8537 of 1989 the challenge is confined to the land acquisition pr...
Tag this Judgment!Shantilal Udaychand Bohra Vs. Suman Bhailal Patel and ors.
Court: Gujarat
Decided on: Apr-19-1991
Reported in: (1993)2GLR1779
D.G. Karia, J.1. An interesting question of law that arises in the present revision application is whether the open space in the compound on the ground floor of the building is 'appurtenant' to the leased premises on the first floor; and denial of parking the tenant's vehicle in such open space of the compound would amount to curtailment or withdrawal of essential services, within the meaning of Section 24 of the Bombay Rent Act.2. The petitioner, original plaintiff, is the tenant in respect of first floor premises of the bungalow, known as 'Sapna' at 63, Haribhakti Colony, Baroda, on a monthly rent of Rs. 650/-. According to the evidence of the plaintiff-tenant at Exh. 39, the tenant has been using and occupying part of the first floor premises consisting of one leaving room, one dining room, one kitchen, one More room and two bed rooms, besides a lavatory and bathroom and chokdi to clean the utensils. There are two gates in the premises of the bungalow-one is small for personal entry...
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