Gujarat Court March 1992 Judgments
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Pradip Chandulal Patel Vs. P.G. Karode and anr.
Court: Gujarat
Decided on: Mar-17-1992
Reported in: [1992]197ITR385(Guj)
G.T. Nanavati, J.1. In this petition under article 226 of the Constitution, the petitioner wants this court to quash and set aside the order dated August 6, 1990, passed by the Assistant Commissioner of Income-tax under section 132(5) of the Income-tax Act (hereinafter referred to as 'the Act') and also the order dated March 7, 1991, passed by the Commissioner of Income-tax under section 132(12) of the Act. 2. On April 9, 1990, during combing operations by the police inspector of Ellisbridge Police Station, Ahmedabad, the residential premises of the petitioner were searched. The police found in the house of the petitioner Rs. 41,80,000. The petitioner stated the police that it was his income from satta betting business. The police inspector, therefore, seized the same under section 102 of the Criminal Procedure Code. Pursuant to the information received, the Director of Income-tax (Investigation) authorised the requisitioning officer to require the police inspector to deliver the seize...
The State of Gujarat Vs. Patel Haribhai Bhaychandas
Court: Gujarat
Decided on: Mar-17-1992
Reported in: 1993CriLJ143
J.N. Bhatt, J.1. This appeal under Section 378 of the code of Criminal Procedure, 1973 ('Code' for short hereinafter) is directed against the order of acquittal passed by the Learned J.M.F.C. Chanasma on 10-2-84, in a Criminal Case No. 43/83.2. The respondent is the original accused, who was charged for the offences punishable under Sections 465, 468, 401, of I.P. Code and also under Sections 3 and 8 read with Sections 16 and 17 of the Gujarat Entertainment Tax Act, 1977 ('Act' for short hereinafter). The case of the prosecution is that accused is the owner of Jai Bajarang Touring Talkies run at village Dhinoj in Chansma Taluka of Mehsana District. On 22-1-82 at about 9.20 p.m, three Entertainment Inspectors namely (i) Mr. B. P. Pandya, (ii) Mr. P. P. Patel, and (3) Mr. D. P. Patel, made surprise raid in the said i Talkies. It was found by them that tickets were not issued for balcony seats. However, three persons were found in the balcony section. Three tickets were found from cine-go...
Zala Krishna Vijaysinh Vs. State of Gujarat
Court: Gujarat
Decided on: Mar-16-1992
Reported in: (1993)1GLR288
J.N. Bhatt, J.1. The petitioner who is the original accused No. 1 has assailed the legality and validity of the conviction and sentence order passed by the learned Judicial Magistrate, First Class, Dhrangadhra in Criminal Case No. 884 of 1982 which was confirmed in the Criminal Appeal No. 128 of 1983 by the learned Additional Sessions Judge, Surendranagar on 30-5-1984 by invoking the aids of the provisions of Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 ('Code' for short).2. The conspectus of material facts giving birth to the present revision, may be narrated, at the outset, so as to appreciate the merits of this revision and challenge against it.3. The petitioner who is the original accused No. 1 and one Nitin Shantilal Soni, original accused No. 2, were prosecuted for the offences punishable under Sections 380, 465, 468, 471 of the Indian Penal Code ('I.P.C.' for short). In that the prosecution cases were that one Hemubha Nathuji, original complainant, w...
G.C. Patel and ors. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Mar-16-1992
Reported in: (1992)2GLR1119
K.G. Shah, J.1. The petitioners were, at the lime the petition came to be filed Assistant Lecturers in different Government Engineering Colleges and Government Polytechnic Institutions in the State of Gujarat. Their subjects Of teaching were Physics, Chemistry, Mathematics, Humanities, English and Industrial Organisation, these subjects have been styled as non-technical subjects and the petitioners have been styled as teachers teaching non-technical subjects. Of course, the petitioners do not admit that these subjects are non-technical subjects. Their case is that the standard of education in these subjects either in the Engineering Colleges and Polytechnic institutions or in the Arts, Science and Commerce Colleges is the same. According to the petitioners, even in the Engineering Colleges and Polytechnic Institutions, teaching of these subjects is very intensive and is done keeping in view the engineering basis or slant. It is further the case of the petitioners that these subjects fo...
Jayantibhai Lalubhai Patel Vs. the State of Gujarat
Court: Gujarat
Decided on: Mar-13-1992
Reported in: 1992CriLJ2377; (1992)1GLR723
ORDERB.C. Patel, J. 1. Rule. Mr. Divetia, learned Addl. Public Prosecutor waives service of rule. At the request of learned counsel, application is heard today.Petitioner has filed these applications as hisapplication for obtaining certified copy ofcomplaint was not entertained by JudicialMagistrate, First Class, Patan. The factsrelevant for deciding these applications are asunder:One complaint has been registered by Patan Taluka Police Station as C. R. No. 34 of 1992 on 25-2-92. Some allegations were made in the complaint against the petitioner and therefore petitioner wanted to approach this Court for obtaining orders under Section 438 of the Criminal Procedure Code (hereinafter referred to as the 'Code'). With a view to present his case before this Court, the petitioner applied for certified copy of First Information Report (hereinafter referred to as FIR for brevity) referred to above and also deposited Rs. 10/- on 5-3-92. However, his application was rejected and order was passed ...
Dinesh Shivubha Parmar Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Mar-12-1992
Reported in: (1992)1GLR608; (1992)IILLJ841Guj
1. This petition is filed by the petitioner for an appropriate writ, direction or order directing the respondent authorities to regularise his services by giving him permanent appointment in Class-IV post in the Civil Hospital, Limdi and for granting all consequential benefits flowing from the regularisation and permanent absorption on the set up of the Hospital. 2. To appreciate the contentions raised in the petition, relevant facts may now be stated. It is the case of the petitioner that he was appointed by an order dated April 15, 1981 on purely temporary basis for a period of 29 days as a peon, in the pay scale of Rs. 196/- and other admissible allowances in accordance with law. It was mentioned in the said order that since the said appointment was purely temporary, his services were liable to be terminated at any time without issuing any notice. The petitioner accepted said appointment and joined the service. It appears that thereafter, various orders came to be passed for 29 days...
Puriben Manilal Patel (Decd.) Through Her Heirs Pramilaben Madhubhai P ...
Court: Gujarat
Decided on: Mar-12-1992
Reported in: (1992)1GLR751
S.D. Shah, J.1. Rule. Mr. Mangukia learned A.G.P. waives service of rule. With the consent of parties matter is heard finally today.The petitioners in these petitions are heirs and Legal Representatives of one deceased Puriben, wife of Manilal Somabhai Patel who expired on 14-4-1984 and who by duly executed registered will bequeathed her properties to the present petitioners. They are challenging in these three petitions the order passed by the competent authority dated 6th November, 1989 on application/declaration made by deceased Puriben on 30-3-1979 under Section 21 of the Urban Land (Ceiling & Regulation) Act, 1976 and also against the common judgment and order rendered by the Urban Land Ceiling Tribunal. Ahmedabad, in Appeal Nos. Ahd/460, Ahd/461 and Ahd/462 of 1989, dated 31st January, 1991 rejecting the said Appeals.2. In order to appreciate the questions of law raised in these petitions by the learned Counsel appearing for the petitioners, it is necessary to set out the relevan...
Patel Nanjibhai Manabhai and ors. Vs. District Development Officer and ...
Court: Gujarat
Decided on: Mar-12-1992
Reported in: (1992)2GLR900
S.D. Shah, J.1. These petitions under Article 226 of the Constitution of India are filed by 36 persons who were serving as either Attendant or Dressers under District Development Officer, respondent No. 1 herein, and whose services were terminated vide orders dated 24th September, 1990 and 28th September, 1990. This enblock mass termination of Class IV employees has given rise to the present litigation.2. It should be noted that most of the petitioners belong to either SC or ST. The petitioners prior to their termination as Dressers or Attendants were serving as daily wagers with the respondent since 1986-87 at veterinary hospitals or at various veterinary centres.3. There were vacancies in the post of Dressers and Attendants under District Panchayat, Panchmahals. The said vacancies were ordinarily as per Government resolution dated 12th December, 1988 required to be filled in from the candidates sponsored by the Employment Exchange, the District Social Welfare Officer and also by Dire...
The State of Gujarat Vs. Nathabhai Manjibhai
Court: Gujarat
Decided on: Mar-11-1992
Reported in: 1993CriLJ228
J.N. Bhatt, J.1. The appellant, State of Gujarat, has assailed the acquittal order passed by the learned Judicial Magistrate, First Class (Municipal) Rajkot, in Criminal Case No. 374 of 1983 on 30-8-1983 by invoking the provisions of Section 378 of the Code of Criminal Procedure 1973 (Code for short hereinafter).2. In order to appreciate the merits of the present case and the challenge against it a resume of necessary relevant facts may be, briefly, narrated at this stage. The respondent Nathabhai Manjibhai is the original accused in the aforesaid criminal case who was charged for the offence punishable under Section 399 of the Bombay Provincial Municipal Corporation Act, 1949 (BPMC Act for short) as well as for the offence punishable under Section 35 of the Gujarat Town Planning Act, 1976 (GTP Act for short) in the Court of learned J.M.F.C. (Municipal) Rajkot, in Criminal Case No. 374 of 1983.3. In that the prosecution has alleged that the complainant one Shri K. N. Gadhia, Overseer, ...
Commissioner of Income-tax Vs. Sharadchandra Harilal
Court: Gujarat
Decided on: Mar-10-1992
Reported in: (1992)105CTR(Guj)150; [1992]197ITR315(Guj)
G.T. Nanavati, J.1. The Income-tax Appellate Tribunal, Ahmedabad, has referred the following questions under section 256(1) of the Income-tax Act to this court for its opinion : '(1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that penalty for concealment of income was not exigible under the substantive part of section 271(1)(c) of the Income-tax Act independently of the provisions of the Explanation therebelow (2) Whether the finding of the Tribunal that since the total income of the assessee was determined on the basis of estimate made, it cannot be said that failure to return the correct income was on account of any fraud or any gross or wilful neglect on the part of the assessee and the assessee had discharged the burden which lay upon it under the Explanation is correct in law and sustainable from the material on record ?' 2. A few facts necessary for the purpose of disposal of this case are as under : The assessee is carry...
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