Gujarat Court February 1993 Judgments
Vikas Traders Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Feb-26-1993
Reported in: (1994)1GLR15
D.G. Karia, J.1. Rule Mr. M R. Raval, learned Assistant Government Pleader waives the service of Rule on behalf of the respondents. At the request of the parties, petition is heard today.2. In this petition under Articles 226 and 227 of the Constitution of India, order/communication dated January 22, 1993 at Annexure 'A' is challenged. By the impugned order, the revisional authority refused to grant injunction to the petitioner without assigning any reason, while admitting the revision application.3. The impugned communication of refusal of the injunction is laconic, stating in one line that the prayer for injunction is not accepted. No reason whatsoever is given for refusal of the injunction.4. It is well settled that an order granting or refusing to grant stay in a quasi-judicial proceeding, such as a revision application, has to be made by the authority which is competent to entertain such proceedings. In case the competent authority is not inclined to grant interim relief pending f...
Tag this Judgment!Asandas Mitharam Narsinghani and ors. Vs. Tekchand Mitharam Sevakraman ...
Court: Gujarat
Decided on: Feb-24-1993
Reported in: (1993)1GLR539
ORDER'The parties vide this application read with Purshis Ext. 184, request for appointment of Shri N. T. Bachani as sole arbitrator to resolve the dispute pending among them as disclosed in this application, as parties jointly move this court with their consent for appointment of the sole arbitrator as stated above. I hereby appoint Shri N. T. Bachani as the sole arbitrator to determine and dissolve the dispute among the parties, in terms of this application. The said arbitrator shall record necessary evidence and do all that is needful and necessary under the law and submit and award according to law within two months from now, parties shall in the first instance deposit Rs. 2,000/- towards remuneration of the arbitrator, necessary orders be conveyed to the arbitrator on deposit of the amount which shall be deposited within five days of today 23.1.1984 ...' 6. From the above facts, one thing it amply clear that a reference to Arbitrator was made under Section 23 of the Arbitration Ac...
Tag this Judgment!P.K. Bansal, Commissioner of Police and anr. Vs. R.G. Jadeja
Court: Gujarat
Decided on: Feb-24-1993
Reported in: (1993)2GLR984
S. Nainar Sundaram, C.J.1. Civil Application for fixing an early; date for the hearing of the Letters Patent Appeals and for vacating the interim order are listed today. When we took up the Civil Application, we found that it would be worthwhile and would serve the cause of the parties. It the Letters Patent Appeals themselves are heard and disposed of today. We heard Mr. Thakkar, Learned Counsel for the appellants and Mr. A.H. Mehta, Learned Counsel for the respondents, on merits of the Letters Patent Appeals.2. The Letters Patent Appeals are directed against the common interim order of the learned single Judge, staying the impugned orders of suspension passed against the respondents. In the Special Civil Applications preferred by them the respondents have impugned the order of suspension dated 23-12-1992. Until the learned single; Judge made the common order granting the interim relief of staying the impugned orders of suspension on 3-2-1993, the respondents did suffer the orders of ...
Tag this Judgment!Marwadi Punamji Motiji Vs. Mohamad Siddique Musabhai Shaikh and ors.
Court: Gujarat
Decided on: Feb-18-1993
Reported in: AIR1993Guj168; (1993)1GLR839
ORDERS.D. Dave, J. 1. This Civil Revision Application has been directed against the orders pronounced by the learned Civil Judge (JD), Kapadwanj in Regular Darkast No. 149/84 dismissing the objections raised by the present petitioner who happens to be the original defendant.2. The opponents herein had filed the Regular Civil Suit No. 24/77 before the Court of the learned Civil Judge (S.D.), Kapadwanj, praying for a decree of eviction against the petitioner-tenant. The case put forth by the original plaintiff was to the effect that the defendant was their tenant in respect of certain premises bearing City Survey No. 6793 of Kapadwanj town and that, he was in arrears of rent for a period of more than 6 months. It was also alleged in the aforesaid suit that the defendant had encroached upon portion of the land admeasuring 15 ft. x 5 ft. before about 2 years of the filing of the suit and has put on a kachha construction on the same. The learned trial Judge has framed the issues and after t...
Tag this Judgment!Thakorlal Mohanlal Tankaria and anr. Vs. Saraswatiben W/O. Vadilal Lal ...
Court: Gujarat
Decided on: Feb-18-1993
Reported in: (1993)2GLR1047
N.J. Pandya, J.1. This Revision Application is filed by the original-defendants of H.R.P. Suit No. 2111 of 1976 of the Small Causes Court at Ahmedabad. The Suit was filed on various grounds for obtaining vacant possession of the premises consisting of a Dehla portion of a House bearing M.C. No. 1635 situated at Raipur, Kapadiwad, Soni's Khancha, Ahmedabad. The principal ground seems to be that of sub-letting and along with that the other grounds pressed in service were personal bona fide requirement. So far as the latter ground is concerned, from the plaint itself it could be gathered that there is no substance in it. The only reason advanced is that if the premises are vacated, the landlady - plaintiff can keep her car at the place where the suit premises are situated. In other words, die personal bona fide requirement is in respect of parking of vehicle.2. The learned trial Judge, by his judgment dated 31-7-1980 was pleased to pass a decree of eviction. The defendant - tenant carried...
Tag this Judgment!Commercial Ahmedabad Mills Co. Ltd. Vs. Commissioner of Income-tax
Court: Gujarat
Decided on: Feb-17-1993
Reported in: [1993]204ITR505(Guj)
G.T. Nanavati, J.1. The questions which are referred to this court by the Income-tax Appellate Tribunal, Ahmedabad, under section 256(1) of the Income-tax Act, 1961, are as follows : '(1) Whether, on the facts and circumstances of the case, the Tribunal was justified in law in confirming the disallowance of contribution for accommodation expenses of Rs. 3,000 treating the same as expenditure hit by the provisions of section 37(4) of the Act (2) Whether, on the facts and circumstances of the case, the Tribunal was justified in law in confirming the disallowance of salary of Rs. 2,100 paid to a pujari holding the same as non-business expenditure (3) Whether, on the facts and circumstances of the case, the Tribunal was justified in law in holding that the assessee was not entitled to claim of gratuity liability of Rs. 17,81,503 on various alternative grounds and under various provisions of the Act with special reference to section 28 of the Act ?' 2. As regards question No. 3, the learn...
Tag this Judgment!Sejal Vikrambhai Patel and Etc. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Feb-17-1993
Reported in: AIR1993Guj150; (1993)1GLR602
ORDERC.K. Thakker, J.1. Common questions of law and fact have been raised in the present two petitions and it is, therefore, appropriate to decide both the petitions by a common judgment.2. To appreciate the controversy in question, few relevant facts of Special Civil Application No. 6659 of 1992 may be stated :Petitioner Sejal Vikrambhai Patel has filed this petition for an appropriate writ, direction or order restraining the respondent authorities from insisting the acquisition of Indian Citizenship by the petitioner as a condition precedent for getting an admission to Psysiotherapy Course and by directing them to admit the petitioner by treating her as a citizen of India. Prayer is also made to declare Rule 1.4 of the Rules for admission to the First MBBS Course at the Government Medical Colleges as arbitrary, unreasonable and violative of the fundamental rights guaranteed under Articles 14 and 21 of the Constitution of India. It is prayed that the order Annexure 'M' to the petition...
Tag this Judgment!Arunaben Vrajlal Davda Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Feb-17-1993
Reported in: (1993)2GLR1080
A.N. Divecha, J.1. The petitioner has invoked the extra-ordinary jurisdiction of This Court, for questioning the correctness of the award of. maintenance at the rate of Rs. 200 per month made by the learned Additional Sessions Judge of Amreli on 12th July, 1989 by his judgment and order in Criminal Revision Petition No. 25 of 1987. Thereby the learned Additional Sessions Judge modified the order passed by the learned trail Magistrate awarding maintenance to her at the rate of Rs. 110 per month. According to the petitioner her claim for maintenance at the rate of Rs. 400 per month ought to have been accepted in full.2. The facts giving rise to this petition are not many and not much in dispute. The petitioner herein moved the Court of the Judicial Magistrate (First Class) at Bagasra under Section 125 of the Criminal Procedure Code, 1973 ('the Cr. P.C' for brief). It came to be registered as Misc. Criminal Application No. 11 of 1986. She claimed maintenance at the rate of Rs. 400 per mon...
Tag this Judgment!industrial Machinery Manufacturers Pvt. Ltd. Vs. Commissioner of Incom ...
Court: Gujarat
Decided on: Feb-16-1993
Reported in: [1993]203ITR442(Guj)
G.T. Nanavati, J.1. The questions referred to this court by the Income-tax Appellate Tribunal under section 256(1) of the Income-tax Act, 1961, are as under : '1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the appellant was not entitled to the benefit under section 80-I of the Income-tax Act, 1961 2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in rejecting the contention of the appellant that the assessee-company does not manufacture textile machinery or accessories and, therefore, is not qualified for deduction or relief under section 80-I 3. Whether, on the facts and circumstances of the case, the Tribunal was right in holding that Rs. 3,596 being education cess for the earlier years is not deductible ?' 2. The assessee manufacturers humidifiers which are used in textile mills. During the assessment proceedings pertaining to the assessment year 1972-73, the assessee claimed a...
Tag this Judgment!Ramanlal Ambalal Patel Vs. Hina Industries
Court: Gujarat
Decided on: Feb-16-1993
Reported in: (1993)1GLR820
K.G. Shah, J.1. The opponent filed Civil Suit No. 3247 of 1991 against the revision petitioner before the trial Court for a decree directing the revision petitioner to perform specifically his part of the oral agreement said to have been entered into between the parties on May 10, 1988, for transferring the business of the petitioner as a going concern, together with the goodwill and the tenancy rights of the petitioner, in respect of the suit property being Shed No. 1, and putting the opponent in actual and peaceful possession of the suit property, on the opponent tendering and depositing the balance consideration, and the amount of rent as may be payable by the opponent. According to the opponent-plaintiff as averred by it in its plaint, the petitioner-defendant had, on May 10, 1988, entered into an oral agreement with the opponent to transfer the business of the petitioner as a going concern together with the goodwill and the tenancy rights of the petitioner in respect of the suit p...
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