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Gujarat Court December 1993 Judgments

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Dec 02 1993

Devibehn Dudhabhai Vs. Manager, Liberty Talkies and anr.

Court: Gujarat

Decided on: Dec-02-1993

Reported in: (1994)IILLJ1207Guj

J.N. Bhatt, J. 1. Whether appellant-Devibehn, widow of workman, is entitled to compensation in a claim for compensation under the Workmen's Compensation Act, 1923 ('the Act') for the fatal employment injuries sustained by her husband, Dudha Raja, and unfortunately whose case is travelling in a long legal conduit pipe for a spell of more than 11/2 decades. What a travesty of justice? Appellant has assailed the judgement and award passed by the learned Commissioner for Workmen's Compensation at Porbandar in Workmen Compensation Case No. 17 of 1979. A short spectrum of facts leading to the rise of this appeal may be enumerated, at this juncture. 2. On March 26, 1979, deceased workman-Dudha Raja, who was working as a door-keeper in Liberty Talkies, Porbandar, sustained serious accidental injuries arising out of and in the course of his employment, culminating in his death on the next day, in hospital. The cause of injury and death was heart attack. Widow of the workman, for her and on beha...


Dec 01 1993

Commissioner of Income-tax Vs. Shree Digvijay Woollen Mills Ltd.

Court: Gujarat

Decided on: Dec-01-1993

Reported in: [1995]212ITR310(Guj)

M.B. Shah, J.1. The Income-tax Appellate Tribunal, Ahmedabad Bench, has referred the following question under section 256(1) of the Income-tax Act, 1961 ('the Act', for short), for our opinion : 'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in annulling the assessment order dated 19th September, 1984, framed under section 143(3)/144B of the Act ?' 2. The aforesaid question arises in the background of the following facts : The assessee-company - Shri Digvijay Woollen Mills Limited, Jamnagar - is engaged in the manufacture of woollen and woollen fabrics and is also doing job work for woollen tops for outside parties. For the assessment year 1981-82, the assessee-company filed its return of income on July 27, 1981. A provisional assessment order under section 141A of the Act was made on August 20, 1981. The Income-tax Officer, Central Circle, Jamnagar, who had jurisdiction over the assessee had served notices under sections 142(1) and 143(2) of th...


Dec 01 1993

Rahubha Jivubha and ors. Vs. State of Gujarat

Court: Gujarat

Decided on: Dec-01-1993

Reported in: (1995)1GLR805

A.N. Divecha, J.1. The order passed by the Mamlatdar and Agricultural Lands Tribunal at Dhandhuka ('the First Authority' for convenience) on 19th December 1985 in Ceiling Case No. 15 of 1976 as affirmed in appeal by the order passed by the Deputy Collector (Appeals) at Ahmedabad ('the Appellate Authority' for convenience) on 30th June 1986 in Ceiling Appeal No. 23 of 1985 as further affirmed in revision by the decision rendered by the Gujarat Revenue Tribunal at Ahmedabad ('the Tribunal' for convenience) on 9th March 1990 in Revision Application No. TEN. B.A. 908 of 1986 is under challenge in this petition under Article 227 of the Constitution of India.2. The facts giving rise to this petition move in a narrow compass. The petitioners are the heirs and legal representatives of one Rahubha Jivubha ('the deceased' for convenience). He was found holding in all 136 acres 25 guhthas of agricultural lands in village Parbadi, Taluka Dhandhuka, District Ahmedabad as on 1st April 1976. The ceil...


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