Gujarat Court September 1993 Judgments
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Jayantilal Dahyalal and anr. Vs. Batuk Bhaishanker and anr.
Court: Gujarat
Decided on: Sep-10-1993
Reported in: (1994)1GLR669
B.S. Kapadia, J.1. The present revision application is filed under Section 29(2) of the Bombay Rent Act. The petitioner is the original plaintiff-landlord. Petitioner No. 2 is subsequently joined as an assignee of the suit premises in place of the original landlord and therefore he is added as petitioner No. 2 as per the order of this Court dated 2nd March, 1993. Defendants Nos. 1 and 2 were occupying the suit premises being a shop having main door abutting in the west on the station road at Chalala. As is averred in the plaint, there was a joint Hindu family of Bhanji Devji and his sons and they were the owners of the suit property since many years. They had gone with their families to Africa and said Bhanji Devji was managing the said ancestral property of the joint family. Bhanji Devji died in the year 1955. Subsequently, the joint Hindu family continued. One Babulal Devchand who was daughter's son of Bhanji Devji was managing the said ancestral property of the joint family contrary...
State of Gujarat Vs. Lohana Prakash Dayalji and anr.
Court: Gujarat
Decided on: Sep-10-1993
Reported in: (1994)1GLR112
K.J. Vaidya, J.1. This appeal by the State of Gujarat is directed against the impugned judgment and order dtd. 2-2-1991, rendered in Criminal Case No. 6472 of 1989, by the learned J.M.F.C., Porbandar, wherein the respondent-Lohana Prakash Dayaiji and one another, who came to be prosecuted for the alleged offences punishable under Sections 65(b), (c), (d), (e) and (f) and 66(b) of the Bombay Prohibition Act, 1949, and Section 336 of I.P.C., were ordered to be discharged following the dropping of the proceedings under Section 258 of the Criminal Procedure Code, 1973, on the short ground that despite the reasonable opportunity being given to the prosecution, the witnesses were not kept present.2. According to the prosecution, on 1-4-1989 at 16-30 hours, on raiding one dilapidated building situated in Nava Kumbharwada, Street No. 17, at Porbandar, 56 bottles of English liquor were recovered from the possession of the respondents and were sent to the Chemical Analyser for the report. On rec...
Panchmahal Steel Ltd. Vs. U.A. Joshi, Ito and anr.
Court: Gujarat
Decided on: Sep-08-1993
Reported in: (1994)116CTR(Guj)407; [1994]210ITR723(Guj)
G.T. Nanavati, J. 1. The petitioner has challenged in this petition, the order dated March 5, 1980, passed by the Income-tax Officer, respondent No. 1, whereby he refused to accept the third revised return filed by the petitioner-assessee on the ground that he had already passed a draft assessment order on December 12, 1979, under section 143(3) read with section 144B of the Income-tax Act, 1961, and that the assessee was already heard by the Inspecting Assistant Commissioner with respect to the objections filed by the assessee against the said draft assessment order. 2. The petitioner-company had set up a mini-steel plant and commenced production in 1974. It went on making losses and, therefore, a petition was filed in this court for winding up the petitioner-company. In that proceeding, this court by an order dated February 3, 1976, approved the scheme of compromise and arrangement between different classes of creditors and the company. As a result thereof, there was a reduction of t...
Digvijay Cement Company Limited Vs. Commissioner of Income-tax and anr ...
Court: Gujarat
Decided on: Sep-08-1993
Reported in: (1993)115CTR(Guj)486; [1994]210ITR797(Guj)
G.T. Nanavati, J. 1. The petitioner is a public limited company engaged in the business of manufacturing cement and asbestos products. The relevant assessment year is assessment year 1973-74. In the accounting year which ended on December 31, 1972, it exported cement and asbestos products to foreign countries. In its return of income, the petitioner declared the total income at Rs. 45,21,260. The petitioner had claimed weighted deduction under section 35B of the Income-tax Act, 1961, for export markets development on expenses of Rs. 57,988. The Income-tax Officer allowed the claim of the petitioner. As the Income-tax Officer had made additions in the total income of the assessee and had disallowed certain claims made by the assessee, the assessee had preferred an appeal to the Appellate Assistant Commissioner. That appeal was partly allowed. Against that order passed by the Appellate Assistant Commissioner, the petitioner-assessee preferred further appeal to the Tribunal. The Income-ta...
Prajapati Govindbhai Vithalbhai and ors. Vs. Shah Sunderlal Vadilal an ...
Court: Gujarat
Decided on: Sep-03-1993
Reported in: (1994)1GLR742
D.G. Karia, J.1. This petition under Article 227 of the Constitution of India arises out of the judgment dated April 16, 1985, rendered in Revision Application No. TEN. B.A. 787 of 1984 by the Gujarat Revenue Tribunal confirming the judgments of the Courts below and holding that the petitioners are not the tenants in respect of the land in question under the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948 (for short 'the Bombay Tenancy Act').2. It is not in dispute that the deceased Vithaldas Kuberbhai Prajapati, the predecessor-in-title of the present petitioners, was a mortgagee in possession in respect of the land bearing Survey No. 136 admeasuring 3 Acres 30 Gunthas, situated at Village Pilwai, Taluka Vijapur of Mehsana District. In 1939, a possessory mortgage was created by registered document.3. The respondents filed a Civil Suit No. 53 of 1973 on June 13, 1973 for redemption of the land that was mortgaged. The deceased Vithalbhai raised a plea that he cultivate...
Samuben Wd/O. Bhalubhai Rathava and ors. Vs. Patel Industries and anr.
Court: Gujarat
Decided on: Sep-02-1993
Reported in: 1995ACJ75; [1994(68)FLR938]; (1994)1GLR253; (1994)IILLJ981Guj
Divecha, J. 1. The decision rendered by the learned Civil Judge (SD.) at Baroda acting as the Commissioner for Workmen's Compensation on 28th December, 1984 in Workmen's compensation Case No. 9 of 1983 is under challenge in this appeal at the instance of the original applicants. Thereby the Trial Forum partly accepted the application of the applicants for compensation and awarded Rs. 4,000/- to them after deducting Rs. 14,000/- stated to have been paid to them by the respondents from the total compensation of Rs. 18,000/- fixed by the Trial Forum. 2. The facts giving rise to this appeal are not many and not much in dispute. One Bhalubhai Rathva was stated to be a workman working under the respondents. He is stated to have met with some accident on 19th January, 1982 and sustained injuries. Later on he succumbed to his injuries. He was working as a labourer on the daily wage basis and his wage per day was in the sum of Rs. 8.50 ps. His monthly pay was in the sum of Rs. 255. Applicant No...
Manubhai M. Prajapati Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Sep-02-1993
Reported in: (1993)2GLR1771
Shethna, J.1. The petitioner, who was working as P. S. I. has challenged in this petition the impugned order dated 5-3-1976 passed by the Dy. I. G. of Police, Planning, Training and Welfare, Gujarat State, Ahmedabad (Annexure 'A') removing him from service. 2. The petitioner was appointed as P. S. I. in 1964. In the charge-sheet dated 31-7-1975 five charges have been levelled against the petitioner, four of them are for remaining absent from duty without taking prior permission of the higher authority and one is for taking advances from four persons. Additional charge was supplemented by charge-sheet dated 11-8-1975. They were tried to be served upon the petitioner, but inspite of the best efforts of the Disciplinary Authority, it could not be served, as the petitioner absented himself from duty and not found available anywhere. The petitioner had not let away address about his whereabouts. The Disciplinary Authority tried to serve the charge-sheet through special messenger as well as ...
Popatbhai Ramjibhai Moghariya and ors. Vs. District Judge and ors.
Court: Gujarat
Decided on: Sep-02-1993
Reported in: (1993)2GLR1539; (1994)ILLJ568Guj
K.J. Vaidya, J.1. The three important questions which have surfaced for consideration in group of the present three petitions are '.Firstly, 'Whether in a case wherein the candidate stand to satisfy the requisite criteria as regards the age limit for appointment to any post on the date of publication of advertisement in the newspaper, and thereafter also, at the time of publication of the select list' of such candidate for appointment, can he ever be denied the appointment only on the ground that subsequently on the actual date of his appointment, he has crossed the upper-age limit so prescribed and that too for no fault of his own? Secondly, 'Whether any candidate duly enlisted on the Select List if he is dropped from being considered for appointment on the ground of having crossed the upper age limit at the relevant time of his appointment, then whether he has any right to be informed about the same, by way of corresponding obligation on the appointing authority of its own to immedia...
State of Gujarat and anr. Vs. Vir Vijay Construction Co.
Court: Gujarat
Decided on: Sep-01-1993
Reported in: (1994)1GLR119
M.B. Shah, J.1. These appeals are filed by the State of Gujarat against the judgment and decree dated 27th October, 1989 passed by the learned Civil Judge (S.D.), Ahmedabad (Rural) at Mirzapur, below Civil Misc. Application No. 6 of 1989 and in Special Civil Suit No. 48 of 1989. By the impugned judgment and order, the trial court passed a decree by modifying the award passed by the Arbitrator on 30th March, 1988. The court reduced the amount awarded from Rs. 54,36,885/- to Rs. 52,56,691.98 ps. on the basis of agreed calculation. It also directed that the said amount, after deducting Rs. 18 lakhs which are already paid under the interim award should be paid with the simple interest at the rate of 10% per annum instead of 18% interest as awarded by the Arbitrator from the date of the award, i.e., 30th March, 1988 till realisation. 2. For appreciating the contentions which are raised in these appeals, it would be necessary to state a few facts pertaining to the dispute between parties. 3....
Commissioner of Income-tax Vs. Maganlal Mohanlal Panchal (Huf)
Court: Gujarat
Decided on: Sep-01-1993
Reported in: [1994]210ITR580(Guj)
G.T. Nanavati, J.1. At the instance of the Revenue, he Income-tax Appellate Tribunal has referred the following question to this court under section 256(1) of the Income-tax Act, 1961 : 'Whether the Appellate Tribunal is right in law in setting aside the order made by the Appellate Assistant Commissioner and restoring the matter back to the file of the Income-tax Officer and directing him to pass an order under section 143(3) of the Income-tax Act pursuant to the order under section 171 of the Income-tax Act ?' 2. The bigger-Hindu undivided family of Maganlal Mohanlal Panchal filed a return of its income on April 14, 1981. The accounting period ended on March 31, 1980 and, therefore, the relevant assessment year is 1980-81. In the return of income, the assessee had made a note that during the year under consideration partial partition of the bigger-Hindu undivided family had taken place on March 30, 1979, and as per the said partial partition, Rs. 50,000 standing to the credit of the H...
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