Gujarat Court November 1993 Judgments
Reserve Bank of India and anr. Vs. C.D. Chauhan and ors.
Court: Gujarat
Decided on: Nov-30-1993
Reported in: (1994)1GLR35
M.S. Parikh, J.1. This Letters Patent Appeal illustrates how justice is truth in action.2. 35 daily wage labourers described herein and known as ticca mazdoors filed under Article 226 of the Constitution, petition being Special Civil Application No. 4669 of 1987 against the Reserve Bank of India, appellant herein. The facts concerning these ticca mazdoors may be recapitulated and briefly stated:3. The Reserve Bank of India has a specific cadre of Mazdoors in the Cash/Issue Departments to assist the coin-note examiners, the ratio being 4 coin-note examiners to 1 mazdoor. Minimum and maximum qualifications required of the mazdoors are Standard IV to IX. The other cadres are those of peons and darwans. Minimum and maximum required qualifications of peons are Standard VII to Matriculation. Darwans have a special responsibility in that they are entrusted with the work of guarding the Bank's property and with other duties. Therefore, recruitment to the cadre of Darwans is made exclusively fr...
Tag this Judgment!Rajpath Club Ltd. Vs. Commissioner of Income-tax
Court: Gujarat
Decided on: Nov-25-1993
Reported in: [1995]217ITR379(Guj)
M.B. Shah, J. 1. The Income-tax Appellate Tribunal has referred the following question under section 256(1) of the Income-tax Act, 1961, for our opinion : 'Whether, on the facts and in the circumstances of the case, the interest received by the assessee in each of the two assessment years 1975-76 and 1976-77 on deposits made by it with the banks was taxable as its income under section 56 of the Income-tax Act, 1961, and whether only expenditure laid out or expended wholly and exclusively for the purpose of earning the interest income is to be allowed to be deducted therefrom?' 2. The assessee is Rajpath Club Limited and the question involved in this reference pertains to the assessment years 1975-76 and 1976-77. The assessee-club is incorporated as a company and its main objects are, inter alia, maintaining and carrying on a club house or houses with all usual or suitable accommodation and conveniences and to promote and provide all facilities for sports and games. In 1974 and 1975, th...
Tag this Judgment!Maneklal Sakarchand Shah Vs. Commissioner of Income-tax
Court: Gujarat
Decided on: Nov-24-1993
Reported in: [1995]217ITR362(Guj)
M.B. Shah, J. 1. The assessee is an individual earning his income from truck plying. He filed his return on November 17, 1971, for the assessment year 1971-72. It is not disputed before us that the said return cannot be considered to have been filed under section 139(1) of the Income-tax Act, 1961 ('the Act', for short). It is considered to be a return filed under section 139(4) of the Act, as it was not filed within the time allowed. The assessee filed a revised return on March 5, 1974, showing the additional income by disclosing the fact that during the relevant period he had sold his truck. The Income-tax Officer passed an order on February 7, 1975, and that order was challenged by the assessee before the Appellate Assistant Commissioner of Income-tax. Before the appellate authority, it was contended that the order passed by the Income-tax Officer was beyond the prescribed time. The appellate authority rejected the said contention. Aggrieved by the said order of the appellate author...
Tag this Judgment!Rupabhai Bhalabhai Bharwad Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Nov-23-1993
Reported in: (1994)1GLR415
K.J. Vaidya, J.1. Whether the Court is empowered to permit composition of the offences under the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the Protection of Civil Rights Act, 1955 by invoking the inherent powers under Section 482 of the Criminal Procedure Code, 1973, more particularly when there is no such express corresponding provision in these two special Acts like the one under Section 320 of the Criminal Procedure Code, 1973?' AND if yes, (ii) 'Whether in cases where the statute provides for the minimum sentence, the Court would still be justified in granting composition of the offence?' These, in short, are the two important questions that arise for consideration in this appeal.2. To state few relevant facts briefly, as far as they are necessary to decide the two questions raised above, the incident in question wherein Ramanbhai Moghabhai and Arvindbhai Dalabhai came to be given kicks and fist-blows and abuses in terms of 'Bhangi'. 'sala-dheda',...
Tag this Judgment!State of Gujarat Vs. Prafulchandra Somchand Shah
Court: Gujarat
Decided on: Nov-22-1993
Reported in: (1996)2GLR272
1. This appeal by the State of Gujarat, is directed against the impugned judgment and order, dated February 5, 1992 rendered in Criminal Case No. 2964 of 1984 by the learned J.M.F.C., Jamnagar, wherein the respondent Prafulchandra Somchand Shah, who came to be tried for the alleged offence punishable under Section 21(1)(iv)(b) read with Section 92 of the Factories Act, 1948, was at the end of the trial ordered to be acquitted. 2. According to Mr. K. N. Gandhi, the Factory Inspector, Jamnagar, on April 3, 1984 at about 5.35 PM., he received a telephonic message from 'Oshwal Velve Manufacturing Company', situated at B/14, M. P. Shah Udyognagar, Jamnagar, to the effect that Bai Hamida Siddiqbhai, aged 18, a woman worker in the said factory, had met with an accident wherein her left hand, just below the elbow portion was cut off as it came in between the pulley and belt of the machine where she was working. On the basis of this information, the Factory Inspector visited the said factory an...
Tag this Judgment!Ayubbhai Abdulbhai Shah Vs. Gabha Bechar and ors.
Court: Gujarat
Decided on: Nov-11-1993
Reported in: (1994)1GLR441
N.J. Pandya, J.1. The applicant had filed Misc. Criminal Application No. 4273 which came to be dismissed for default on 27-7-1993, the main ground urged in the application for restoration is that the learned Advocate Mr. K.I. Patel representing the applicant in the original proceeding could not remain present on 27th July, 1993 on account of his ill-health. He was suffering from conjunctivitis and therefore, from 25th July, 1993 to 2nd August, 1993 he was unable to attend the Court. He had also informed to the Registry of the Court by filing a sick note. However, that could be availed of only in civil proceedings and with regard to be criminal proceedings, the learned Advocate was required to get the matter mentioned or to file sick note, if necessary, in respect of each of the proceedings.2. However, what is involved in the present proceeding is a large question as to whether the Court having passed the said order of dismissal for default of appearance of the party or party's learned ...
Tag this Judgment!Jagjivan Bhimji Vaja Vs. Union of India and ors.
Court: Gujarat
Decided on: Nov-10-1993
Reported in: (1995)1GLR279; (1996)ILLJ629Guj
Ravani, J.1. In both these petitions the workmen, through the representative union approved under the appropriate provisions of the Bombay Industrial Relations Act, 1946, have challenged the legality and validity of the order dated May 9, 1988 passed by the State Government of Gujarat declaring that the sugar factories in question i.e. Una Taluka Khedut Sahakari Khand Udyog Mandali Ltd., Una (in Special Civil Application No. 6303 of 1988) and Talala Taluka Khedut Sahakari Khand Udyog Mandali Ltd., Talala (in Special Civil Application No. 6304 of 1988) are industrial establishments of seasonal character within the meaning of Secs. 25-A and 25-K of the Industrial Disputes Act, 1947. 2. The petitioners have also challenged the constitutional validity of the provisions of Secs. 25-A, 25-A(2), 25-K, 25-K(2) of the Industrial Disputes Act, 1947 ('I.D. Act' for short). However, at the time of hearing the petitioners have not pressed the challenge to the constitutional validity of the aforesai...
Tag this Judgment!United India Insurance Co. Ltd. Vs. Manjulaben Purshottamdas Patel and ...
Court: Gujarat
Decided on: Nov-10-1993
Reported in: 1994ACJ740; (1994)1GLR269
C.K. Thakker, J.1. This appeal is filed by the United India Insurance Co. Ltd. ('insurance company' for short) against an award passed by the Motor Accidents Claims Tribunal (Main), Ahmedabad (Rural) at Narol, on March 14, 1983, in M.A.C. Application No. 257 of 1980.2. Short facts giving rise to the present appeal are as under:The claimants-respondent Nos. 1 to 4 filed the above claim petition before the Claims Tribunal to recover an amount of Rs. 1,50,000/-, inter alia, stating that the deceased Purshottam was the husband of claimant No. 1, son of claimant No. 2 and father of claimant Nos. 3 and 4. He was serving as a conductor in Gujarat State Road Transport Corporation and was residing at village Chandrala. At the relevant time, he was attached to S.T. Depot, Dehgam. It was the case of the claimants that on March 2, 1980, deceased Purshottam was waiting at S.T. bus stop at village Chandrala to go to Dehgam for duty. He was waiting for a bus to come so that he could reach Dehgam. Mea...
Tag this Judgment!Umaben W/O. Girish Namdar and anr. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Nov-09-1993
Reported in: (1996)1GLR703
K.J. Vaidya, J.1. Apprehending immediate danger to their respective life, limb and liberty at the hands of Rajesh @ Raju Chandulal Gandhi and others, the respondent-accused herein, two petitioners, viz., Umaben W/o of Girish Ambalal and Rakesh Pravinchandra Kinariwala, by these two Miscellaneous Criminal Applications under Section 482 of the Criminal Procedure Code, 1973, have moved this Court inter alia praying for the immediate relief / direction, namely: (i) that whenever any bail application is filed by the respondent-accused and any of his co-accused, they be specifically directed to join both of them (petitioners) as party to the said proceedings alongwith the State of Gujarat and (ii) accordingly, the office of High Court (Criminal Branch) on respondent-accused filing bail application be directed to inform the petitioners about the same at their cost, so as to enable them in the first instance to know that accused have moved for the bail and therefore, to be on guard, and in the...
Tag this Judgment!Echjay Industries (P) Ltd. Vs. M. Shivubha and ors.
Court: Gujarat
Decided on: Nov-08-1993
Reported in: (1994)2GLR1234; (1994)IILLJ1234Guj
1. The only question which arises in these three petitions under Arts. 226 and 227 of the constitution of India filed by the Industrial Company is whether the Labour court had committed an error of law or jurisdiction by committing procedural irregularity in calling upon the employer to produce documentary and oral evidence in three reference cases relating to dismissal of the three workmen. The petitioner in all the three petitions is the same. Originally thirty-three references were made to the Labour court, Rajkot, under Section 10 of the Industrial Disputes Act relating to dismissal of thirty-three workmen, but thirty disputes came to be settled or disposed of in accordance with law. 2(a) The workman Mahavirsinh Shivubha was a gardener in the garden department of the petitioner's factory and his services were terminated with effect from 25.1.1982, hence the dispute was referred to the Labour Court in Reference (LC) No. 958 of 1984. 2(b) The workman Raghu Arjan who was serving as T...
Tag this Judgment!- ‹ Prev
- 2
- 3
- Next ›
- Last »