Gujarat Court July 1991 Judgments
Maganlal Gulabchand Shah Vs. Union of India and ors.
Court: Gujarat
Decided on: Jul-31-1991
Reported in: 1997(57)ECC75; 1992(59)ELT235(Guj); (1992)2GLR116; (1992)2GLR920
M.B. Shah, J.1. The Petitioner has challenged the order dated 31st January, 1981 (Annexure 'G') passed by the Central Board of Excise & Customs in the custom appeal filed by the petitioner. In the said appeal the petitioner has challenged the order dated 30th September, 1980 passed by the Collector, Customs & Central Excise, Ahmedabad, u/s. 167(8) of the Sea Customs Act, 1878, whereby he has ordered to confiscate 30 gold bars with foreign markings weighing 300 tolas valued at Rs. 28,000/- as described in the panchnama dated 8th February, 1956. 2. Before dealing with the contentions of the petitioner, it would be necessary to narrate some facts pertaining to seizure of the gold from the petitioner and the subsequent proceedings. On 8th February, 1956 the petitioner alighted from a train at Navagadh Railway Station (Jetpur), Dist. Rajkot as P.S.I. Dada had received information that the petitioner was to bring gold, he waited at the railway station and after the petitioner alighted from t...
Tag this Judgment!State of Gujarat and anr. Vs. Saratsinh R. Sisodia and ors.
Court: Gujarat
Decided on: Jul-31-1991
Reported in: (1993)1GLR285
G.N. Ray, C.J.1. All these matters are taken up for hearing because common questions of law and facts are involved in these matters. L.P.A. No. 187 of 1986 arises out of the decision made in Special Civil Application No. 3502 of 1980 and L.P.A. Nos. 243, 244 and 245 of 1988 arise respectively out of Special Civil Applications Nos. 1740, 1739 and 2477 of 1981. These Special Civil Applications, along with two others, were disposed of by a common judgment dated 17th April, 1985.2. The short question arising for decision in the instant Appeals is as to whether or not the Police Constables with matriculation or equivalent standard, should be promoted by providing reserved quota of 33.33%. It appears to us that, previously, in the police service, persons with higher educational qualifications were not attracted and a policy decision had been taken that for the purpose of promotion to the cadre of Head Constable, Police Constables with the educational qualification upto matriculation or equiv...
Tag this Judgment!Pankaj D. Suthar Vs. State of Gujarat
Court: Gujarat
Decided on: Jul-26-1991
Reported in: (1992)1GLR405
K.J. Vaidya, J.1. Rule. Mr. P.S. Chapaneri, the learned A.P.P. waives service of the Rule on behalf of the Respondent-State.'Whether in cases wherein the accusation in the complaint levelled against any person is to the effect that he has committed an offence punishable under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'Atrocities Act'), which on prima facie judicial scrutiny is found to be not free from doubt, can then in such cases the accused person be blindly and mechanically denied the benefit of anticipatory bail under Section 438 of the Criminal Procedure Code, 1973 (for short 'the Code') by virtue of the provisions contained in Section 18 of the Atrocities Act merely because he has been so mischieviously branded as an accused of having committed an offence under the Atrocities Act?' This is in short the fundamental question of considerable importance touching upon the applicability and the interpretation of Section 18 o...
Tag this Judgment!Nanu Gordhan Vs. State of Gujarat
Court: Gujarat
Decided on: Jul-24-1991
Reported in: (1995)2GLR1698
K.J. Vaidya, J.1. How indeed sometimes even a slight, undreamt of even error due to the lack of desired judicial alertness and the precision on the part of the learned Judge and that too at the fag-end and on just flashing point of passing the final order releasing the accused on bail can simultaneously back-fire resulting into seriously prejudicing and damaging the interest of the poor accused frustrating and virtually writing-off the very order of the bail itself is amply illustrated in the instant case!! There is indeed no doubt whatsoever that the error committed by the learned Judge appears to be quite an inadvertent and bona fide one, which can be even committed sometimes by any one of us! However, the precise unfortunate situation which has surfaced in the instant case and that may also as well arise in some such other cases in future calling immediate attention is - where the illiterate, ignorant, persons reeling under the abject poverty complex is unable to release himself on ...
Tag this Judgment!Shaileshkumar Vanechand Doshi Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jul-24-1991
Reported in: (1992)1GLR616
K.J. Vaidya, J.1. The two questions, quite important and interesting too, raised by the petitioner-husband challenging the very spirit and the maintainability of the maintenance proceedings under Section 125 of the Criminal Procedure Code, 1973 (for short Code) initiated against him by an illegally driven away respondent wife, which this Court is incidentally called upon to interprete and decide are- (i) 'Whether merely because any wife who is deaf and dumb and because of her said handicapped condition is incapable of making any statement on oath before the Court, can it be said to be legally incompetent to invoke and initiate the beneficial maintenance proceedings under Section 125 of the Code in her as well as in her minor child's favour'?; and (ii) 'Whether any married person who is physically handicapped because of his deafness and dumbness and further financially handicapped as being without any independent personal source of income or any other movable or immovable property and t...
Tag this Judgment!Alang Marine Pvt. Ltd. and anr. Vs. Gujarat Maritime Board and ors.
Court: Gujarat
Decided on: Jul-22-1991
Reported in: (1991)2GLR1321
G.N. Ray, C.J.1. In this Appeal, the appellant, Alang Marine Pvt. Ltd., an unsuccessful tenderer for a job of construction and supply of steel hull Twin Self Propelled and Self Hopper Grab Dredger for the port of Porbandar, has challenged the correctness of the decision of the single Judge of this Court, made on April 24, 1991, in the writ petition under Article 226 of the Constitution of India, being Special Civil Application No. 1574 of 1991, inter alia, challenging the acceptance of the said tender by the respondents in favour of respondent No. 5-Messrs Chaugule & Co. Ltd.2. The appellant contended, inter alia, that the Gujarat Maritime Board is a statutory body, authorised by the statute, to enter into contract with a third party for implementing contract of job for the ports in the State of Gujarat. Although the State Government of Gujarat has a deep concern for the development of ports in the State and bears the burden of financial implications concerning the ports and the Mariti...
Tag this Judgment!Dwarka Cement Works Ltd. and ors. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Jul-22-1991
Reported in: (1992)1GLR422
K.J. Vaidya, J.1. The Dwarka Cement Works, a limited company and five others who are its Chairman, Directors and General Manager respectively, have by this Misc. Criminal Application, under Section 482 of the Code of Criminal Procedure, 1973, moved this Court for quashing and setting aside the impugned order issuing process against them in Criminal Case No. 162 of 1989, by the learned J.M.F.C., Dwarka, for their alleged offences under Sections 21(4), 21(5), 31 A, 39 and 40 of the Air (Prevention and Control of Pollution) Act, 1981 (for short 'the Pollution Act').2. In short, on 23-2-1989, the respondent No. 2, viz., Gujarat Pollution Board, Rajkot, through its duly authorised officer, one Mr. A.N. Shah, Dy. Environmental Engineer, filed a complaint before the learned J.M.F.C., Dwarka, alleging that the petitioner No. 1-Dwarka Cement Works Ltd. Company had committed offences under Sections 21(4), 21(5) and 31A of the Pollution Act and that at the relevant time, the petitioner No. 2-Jati...
Tag this Judgment!C.G. Govindan Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jul-18-1991
Reported in: (1992)IILLJ473Guj
ORDER1. This petition under Art. 226 of the Constitution of India raises interesting question of interpretation of Resolution issue by the Finance Department, Govt. of Gujarat, dated July 25, 1980. Is an employee entitled to commuted leave in case of sickness of any member of his/her family who is though not economically, socially or otherwise dependent on such employee The petitioner who was serving as Personal Assistant (Steno. Gr. I) in the City Civil Court at Ahmedabad applied for commuted leave for six days since his real sister was admitted to Seth V S Hospital with effect from September 10, 1980 to September 16, 1980. The application was made so September 25, 1980. His unmarried sister was staying with him and since she was suddenly taken ill she had to be hospitalised and the petitioner being only the mate member in the family was required to attend to her in the hospital for six days. 2. The application of the petitioner for commuted leave came to be rejected vide order, dated...
Tag this Judgment!The Growth Leasing and Finance Ltd. Vs. State of Gujarat
Court: Gujarat
Decided on: Jul-16-1991
Reported in: [1992]85STC25(Guj)
A.P. Ravani, J.1. The petitioners in Special Civil Application Nos. 6475 of 1987 and 650 of 1988 pray for declaration that the Gujarat Sales Tax (Amendment) Act, 1985 (Gujarat Act 14 of 1985) is ultra vires the Constitution of India and further pray for direction to the respondents not to enforce or act in furtherance of the said Act or to demand or to recover any tax from the petitioners on the basis of the said provisions. Petitioner in Special C.A. No. 6010 of 1988, in addition to the aforesaid prayers, prays for declaration that the Constitution (Forty-sixth Amendment) Act, 1982, is beyond the legislative competence of the Parliament and is violative of articles 14, 19(1)(g), 265, 300A and 301 of the Constitution of India. Alternatively, it is prayed that article 366(29A) be declared as beyond the legislative competence of the Parliament and violative of articles 14, 19(1)(g), 265, 300A and 301 of the Constitution of India. 2. At the request, and with the consent, of the learned Ad...
Tag this Judgment!Maharanidas Vallabhdas Shah and anr. Vs. Narendra Jivram Shah
Court: Gujarat
Decided on: Jul-12-1991
Reported in: (1992)1GLR475
D.G. Karia, J.1. The present Second Appeal by the original defendants has been directed against the judgment and decree dated August 29, 1985, passed by the learned Assistant Judge, Vadodara, in Regular Civil Appeal No. 311 of 1984. By the impugned judgment and decree, the learned Judge dismissed the said appeal and confirmed the judgment and decree passed in favour of the respondent-plaintiff.2. Baroda Municipal Corporation constructed flats under middle income group scheme at Karelibaug, Budhadev Colony in Baroda. The plaintiff was allotted one of such flats, being flat No. 6/56 on the first floor on August 1, 1975. Pursuant to the hire purchase tenancy agreement at Exh. 39, the plaintiff was to pay monthly installment of Rs. 350/- plus taxes to Baroda Municipal Corporation. The plaintiff was serving as Professor in Law Faculty, M.S. University, Baroda, at the relevant time, and in that capacity he was allotted a quarter in Vikram Baug, Pratapganj, on condition that on his retirement...
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