Gujarat Court November 1992 Judgments
Gujarat Ambuja Cements Limited Vs. Union of India (Uoi) and ors.
Court: Gujarat
Decided on: Nov-27-1992
Reported in: AIR1994Guj104; (1993)2GLR1460
ORDERK.G. Shah, J.1. This petition under Article 226 of the Constitution of India is filed by Gujarat Ambuja Cements Ltd., a Company incorporated under the Indian Companies Act, against Union of India, the Railway Board and the various Officers of the Western Railway. In paragraph 95 of the petition, the petitioner has prayed for the following main relief:'a writ in the nature of mandamus or any appropriate writ/ order/directions commanding the respondents to act and proceed in accordance with law and directing the respondents to rescind, recall, cancel and/or withdraw the rationalisation scheme being General Order No. 1 of 1987 and General Order No. 1 of 1989 and General Order No. 2 of 989 and General order No. 1 of 1990 dated 10-5-1990 and any further similar notification and/ or rationalisation order or orders issued during the pendency of this writ petition by the Railway Board, so far it relates to rationalisation of the longer route via Botad-Jetalsar and the refusal to refund un...
Tag this Judgment!Manager, Panchasara JaIn Derasar, Patna Dist. Vs. Mahmadkha Gajikha Ba ...
Court: Gujarat
Decided on: Nov-26-1992
Reported in: (1993)ILLJ523Guj
G.T. Nanavati, J.1. Mahamadkha Gajikha Baloch was employed by the present petitioner-Panchasara Jain Derasar as a part-time watchman with salary of Rs. 120/- per month. According to him his services were terminated on November 9, 1986 in an illegal manner. He, therefore, raised an industrial dispute, which subsequently came to be referred to the Labour Court at Kalol. The Labour Court held that the petitioner-Jain Temple is an 'industry' and as the workman's services were terminated without following the provisions of law, the termination was illegal. It, therefore, passed an award directing the temple to reinstate the workman with 50% backwages. 2. Aggrieved by the said award the Jain Derasar has filed this petition. What is contended by the learned counsel for the petitioner is that it was an error to hold that the petitioner-temple is an 'industry'. He drew our attention to the reasons given by the Labour Court for holding that the petitioner-temple is an industry. The Labour Court ...
Tag this Judgment!Commissioner of Income-tax Vs. Maharaja Daljitsinhji Trust
Court: Gujarat
Decided on: Nov-20-1992
Reported in: (1993)113CTR(Guj)296; [1993]204ITR135(Guj)
S. Nainar Sundaram, C.J. 1. The following questions stand referred to us for our consideration : '1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in law in holding that the income of the trust was assessable to tax at the appropriate rate applicable to the association of person and not at the flat rate of 65 per cent. 2. Whether the finding of the Tribunal that, in view of the fact that Rani Surendrakumari had given up all her claims, title and interest as a beneficiary under the deed of relinquishment dated January 19, 1972, and as she was not entitled to any income in view of this relinquishment and since other beneficiaries did not have any taxable income, the trust was liable to tax at the appropriate rate of tax and not at the higher rate of 65 per cent. is correct in law and sustainable from the material on record ?' 2. The above questions have come to be referred to us in the following background : The assessee is a priv...
Tag this Judgment!Jayesh H. Pathak Vs. the Gujarat University
Court: Gujarat
Decided on: Nov-19-1992
Reported in: AIR1993Guj143
ORDERR.A. Mehta, J.1. The petitioner is aggrieved by the non-declaration and cancellation of the result of the examination in M.A. Part-II held in May and June 1992. In para 4 of the petition, it is stated as under:'The petitioner submits that he was suffering from Allergic Bronchitis and Allergic Asthmatic Bronchitis and therefore, he was Unable to attend the lectures at M.A. Part II regularly and, therefore, some absentism was noted at University School of Social Sciences. A medical certificate was given by the petitioner to the Director, School of Social . Sciences and the absentism of the petitioner . was, thus, explained !to the Director of the School of Social Sciences. The petitioner submits that, despite the aforesaid disease, he had: attended certain lectures. The exact figure of presence of the petitioner is not known to him which may be called upon from the respondent.'2. In the affidavit in reply it is contended that the petitioner has not put in the requisite attendance fo...
Tag this Judgment!Jivanlal Vishrambhai Barot and anr. Vs. R.C. Patel. Collector and anr.
Court: Gujarat
Decided on: Nov-18-1992
Reported in: (1993)1GLR591
S. Nainar Sundaram, C.J.1. The matter arises under the Gujarat Municipalities Act, 1963, hereinafter referred to as 'the Act'. We propose to delineate only the broad facts of the present case, considering the scope and nature of the points arising for our consideration. The point is built on construction of Section 42 of the Act, which section we shall presently extract. In Anjar Nagarpalika, the seat of one of the councillors fell vacant in September 1991 on the ground that the concerned councillor absented himself for more than three consecutive months from the Municipal Borough within the meaning of Section 39(1)(a) of the Act The declaration of the vacancy was made by the Collector under Section 39(2) of the Act on 13-9-1991. There was no notice of vacancy given by the Chief Officer of the Nagar-palika or by any other officer designated for the purpose as contemplated under Section 42(1) of the Act within 15 days from the date on which the vacancy occurred. Thus the Collector had n...
Tag this Judgment!Dena Bank Vs. Mahendra R. Vyas
Court: Gujarat
Decided on: Nov-16-1992
Reported in: (1993)2GLR1155
S. Nainar Sundaram, C.J.1. The appellant ousted the respondent from service, invoking Clause XVI of the Fourth Bipartite Settlement dated 17-9-1984. The said Clause reads as follows:Voluntary Cessation of Employment by the Employees:In supersession of Clause 2 of the Settlement dated 8th September, 1983 the following shall apply:Where an employee has not submitted any application for leave and absents himself from work for a period of 90 days or more consecutive days beyond the period of leave originally sanctioned or subsequently extended or where there is satisfactory evidence that he has taken up employment in India or the management is satisfied that he has no present intention of joining duties, the management may at any time thereafter give a notice to the employee's last known address calling upon the employee to report for duty within 30 days of the notice, stating, inter alia, the grounds for the management coming to the conclusion that the employee has no intention of joining...
Tag this Judgment!Dhirajlal Vithaldas Kavaiya Vs. Rasiklal Chandulal Patel
Court: Gujarat
Decided on: Nov-15-1992
Reported in: (1993)1GLR206
C.K. Thakker, J.1. This revision application is filed against an order below applications Exs. 5 and 15 in Rent Suit No. 8 of 1989 passed by the Court of Small Causes, Baroda and confirmed by the Assistant Judge Baroda in Misc. Civil Appeal No. 193 of 1989.2. To appreciate the controversy in question few relevant facts may now be stated.The petitioner is the original defendant while the opponent is the original plaintiff. The plaintiff filed a Rent Suit No. 8 of 1989 in the Court of Small Causes, Baroda. It was his case that he was tenant of the defendant and was doing business in selling and repairing electric motors in the name and style of 'Baroda Winding Corporation'. The suit shop is situate at Varaimata Chowk, Lakkad Pitha, in the City of Baroda. The defendant, who was having a shop adjacent to the disputed shop, wanted the plaintiff to vacate the suit shop and hence was harassing the plaintiff. The plaintiff, therefore, filed the above suit for declaration that he was the tenant...
Tag this Judgment!Special Land Acquisition Officer and anr. Vs. Shantibhai Jivabhai Pate ...
Court: Gujarat
Decided on: Nov-13-1992
Reported in: (1993)2GLR1289
J.N. Bhatt, J.1. A dispute is centred on the question of market value of the lands under acquisition in this group of 45 appeals under the provisions of Section 54 of the Land Acquisition Act, 1894 ('the Act' for short).2. As all these 45 appeals arise out of common judgment and raise identical questions, they are being disposed of by this common judgment.3. A conspectus of the material facts giving rise to the present group of appeals may be narrated at the outset so as to appreciate the merits of the appeals.The appeals are preferred by the State of Gujarat and the Acquiring Body against a common judgment rendered in 45 References by the learned Extra Assistant Judge, Kheda at Nadiad, on 26-12-1991, and the original claimants whose lands are acquired, have preferred cross-objections in all the 45 appeals.4. A notification dated 29-8-1986, under Section 4 of the Act, came to be issued pursuant to which the lands of the claimants were acquired. The notification under Sec, 6 of the Act ...
Tag this Judgment!Commissioner of Income-tax Vs. Yogendrakumar H. Thakkar
Court: Gujarat
Decided on: Nov-11-1992
Reported in: [1993]204ITR300(Guj)
G.T. Nanavati, J. 1. At the instance of the Revenue, the following question is referred to this court under section 256(1) of the Income-tax Act, 1961 : 'Whether, on the facts and circumstances of the case, the Appellate Tribunal was right in law in striking down the impugned orders of the Income-tax Officer altogether instead of leaving the Income-tax Officer at liberty to make fresh rectificatory orders after curing the infirmity noticed by the Tribunal ?' 2. This reference pertains to two assessment years 1967-68 and 1969-70. The assessee had filed his returns late. The return for the assessment year 1967-68 was filed on May 7, 1968, and for assessment year 1969-70, it was filed on March 7, 1972. As there was delay in filing the returns, show-cause notices were issued to the assessee under section 271(1)(a) of the Act. Relying upon the decision of the Supreme Court in the case of CIT v. Vegetable Products Ltd. : [1973]88ITR192(SC) , the Income-tax Officer held that the penalty levia...
Tag this Judgment!Dharamsi Dahyabhai Patel Vs. Devyani Dharamsi Patel
Court: Gujarat
Decided on: Nov-11-1992
Reported in: I(1993)DMC605; (1993)1GLR387
S.D Shah, J.1. The petitioner-Husband has, by this revision application, challenged the order passed by the Civil Judge (S.D.), Morvi, dated 26th March, 1992 awarding interim maintenance at the rate of Rs. 1,500/- p.m. to the respondent-Wife with effect from 21st June, 1991.The respondent-Wife instituted Spl Civil Suit No. 75 of 1991 in the Court of Civil Judge (S.D.), Morvi under Section 18 read with Section 23 for maintenance under Hindu Adoption & Maintenance Act, 1956. In the said suit she applied for interim maintenance at the rate of Rs. 3,000/- per month by application, dated 21st June, 1991 at Exh. 7. In the said application she, inter alia, contended that she is legally wedded wife of the petitioner and out of wed-lock two children are born. The husband is serving in Bank of Baroda as Agricultural Officer and their married life was initially happy. It is her case that during the posting of her husband at Nakhatrana, Ajar and Khedoi their relations as husband and wife were quit...
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