Gujarat Court December 1994 Judgments
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Rajkumar Club Vs. Parimal Co-op. Housing Society Ltd.
Court: Gujarat
Decided on: Dec-05-1994
Reported in: (1995)1GLR315
A.N. Divecha, J.1. This appeal is directed against the judgment of the learned single Judge (K.G. Shah, J.) in First Appeal No. 695 of 1977 decided on 5th April 1993. Thereby the learned single Judge affirmed me judgment and the decree passed by the learned Judge of Court No. 6 of the City Civil Court at Ahmedabad on 28th February 1977 in Civil Suit No. 1517 of 1970. The learned trial Judge decreed the suit for possession of the premises in occupation and possession of the appellant herein (the suit premises for convenience).2. The facts giving rise to this appeal are not many and not much in dispute. The suit premises were taken on lease for and on behalf of the appellant. It is a club carrying on cultural and recreational activities. It has certain members using the premises taken on lease for the appellant club (the club for convenience). The respondent served to the appellant what is popularly known as 'quit notice' on 24th October 1969 terminating the appellant's tenancy and calli...
Hotel Appolo Vs. P.S. Rashtrapal, Income-tax Officer
Court: Gujarat
Decided on: Dec-02-1994
Reported in: [1995]213ITR762(Guj)
M.B. Shah, J.1. These two petitions are filed by Hotel Appolo, Bhavnagar, challenging the notices issued under section 148 of the Income-tax Act. 1961 ('the Act', for short), for reopening the assessment orders for the assessment years 1978-79 and 1979-80. 2. Special Civil Application No. 5132 of 1983 : It is contended by the petitioner that for the assessment year 1978-79, the petitioner had submitted its return of income on August 31, 1978, declaring its total income at Rs. 27,040. Thereafter, a notice was issued by the respondent under section 143(2) of the Act to verify the correctness and completeness of the return filed by the petitioner. By its letter dated January 7, 1981, the petitioner clarified certain queries raised by the respondent and, ultimately, by an order dated March 11, 1981, the respondent assessed the income of the petitioner at Rs. 59,926 under section 143(3) of the Act. 3. Being aggrieved by the said order, the petitioner filed an appeal before the appellate aut...
Ramkrishna Wire Works Vs. Union of India
Court: Gujarat
Decided on: Dec-02-1994
Reported in: 1996(81)ELT450(Guj)
ORDERA.P. Ravani, J.1. In all these three petitions, the petitioners claim amount of interest on the amount which has been ordered to be refunded to each one of them by judgment and order passed in respective petitions filed by them in this High Court. Petitioner of Special Civil Application No. 1126 of 1990 had filed Special Civil Application No. 791 of 1972. Petitioner of Special Civil Application No. 1127 of 1990 had filed Special Civil Application No. 1215 of 1972, and petitioner of Special Civil Application No. 1128 of 1990 had filed Special Civil Application No. 793 of 1972. In the aforesaid petitions the respondent were directed to refund the amount of excise duty which was recovered from them unlawfully as held by the High Court. It may be noted that the High Court, while granting refund, did not issue any direction as regards payment of interest in the respective petitions. None of the petitioners did even pray for grant of interest. Thus technically all the petitions are barr...
Sunil Kumar and ors. Vs. Oil and Natural Gas Commission and ors.
Court: Gujarat
Decided on: Dec-02-1994
Reported in: (1996)2GLR781
B.N. Kirpal, C.J.1. This is an appeal against the judgment of the learned single Judge who had dismissed the writ petition filed by the appellants who were challenging the decision of respondent No. 1 regarding the respondents No. 4, 5, 6 and 8 as being senior to the appellants. 2. Briefly stated, the facts are that in ONGC (respondent No. 1), there are 15 different disciplines categorised under three main headings of Engineering, Geoscience and administrative and other support services. In each such discipline, there are sub-divisions of Class-I, Class-II Class-III and Class-IV. In the present case, we are concerned with the discipline of Chemistry which falls under the category of Geo-physics. The hierarchy of the post in Chemistry department as per the Recruitment and Promotion Regulations, 1980, is as under : E-5 Chief Chemist 3 years Selection Post E-4 Supdt. Chemist 4 year Merit-3 yearsSeniority-cum-Fitness 25% 50%25% induction E-3 Dy. Supdt. ChemistSeniority-cum-Fitness 5 years ...
Vania Silk Mills Pvt. Ltd. and ors. Vs. Provident Fund Inspector, Sura ...
Court: Gujarat
Decided on: Dec-02-1994
Reported in: 1995CriLJ2735
1. This group of six petitions by Vania Silk Mills Private Limited, Bilimora is directed against the impunged judgment and order dated June 29, 1987 passed by the learned Sessions Judge, Valsad at Navasart, confirming the impunged judgment and order dated March 19, 1986 passed by the learned JMFC, Gandevi, wherein the petitioners on coming to be tried for the alleged offence punishable under Section 14(2-A) of the Employees' Provident Funds & Miscellaneous Provisions Act., 1952 (for short 'the Act') on their 'Pleading guilty' each one of them were convicted for the same and sentenced to pay fine of R. 250/- in each one of the cases, and in default, to undergo SI for ten days. Not only this but the petitioners were also directed to deposit the Provident Fund dues in all the cases running into several thousand rupees in four equal quarterly instalments to be paid during the course of the year as stated in detail in the impunged order. 2. To briefly narrate the prosecution case, Mr. D. Jo...
Gujarat Carbon Ltd. Vs. Deputy Commissioner of Income-tax (Asstt)
Court: Gujarat
Decided on: Dec-01-1994
Reported in: [1995]216ITR415(Guj)
M.B. Shah, J.1. The petitioner is a public limited company, having its registered office at Baroda. Up to the assessment year 1987-88, the period of previous year (accounting year) of the petitioner was from October 1 of a year to September 30 of the next year. The petitioner was submitting income-tax returns accordingly and it was assessed on the basis of the said previous year. It is the contention of the petitioner that somewhere after March 31, 1988, either in May, 1988, or in June, 1988, a circular was issued by the Central Board of Direct Taxes ('the C.B.D.T.' for short), permitting the assessees to change the period of their accounting year for the assessment year 1988-89, up to March 31, 1988. The circular was issued because of an amendment to section 3 of the income-tax Act. As per the amended provisions of sub-section (2), 'previous year', in relation to the assessment year, commencing on the 1st day of April, 1989, means the period which begins with the date immediately foll...
J.S. Pathan Vs. Gujarat Agricultural University and anr.
Court: Gujarat
Decided on: Dec-01-1994
Reported in: (1995)1GLR668
Rajesh Balia, J.1. This petition raises the issue about the fairness in holding the inquiry against the petitioner under the Gujarat Agricultural University Act, 1969 and the Rules and Regulations framed thereunder.2. The petitioner was appointed as peon in the Gujarat Agricultural University on or about 9-10-1973 and, thereafter, the petitioner was promoted as Junior Clerk by order dated 15-12-1976. Thereafter, the petitioner was promoted as Senior Clerk by order dated 28-4-1982. At the relevant time, the petitioner was appointed in the Aspee College of Nutritional Science, a college of Home Science and Food Technology, Gujarat Agricultural University, Sardar Krushi Nagar, Dantiwada. The petitioner was served with a charge-sheet on 18-6-1985 stating that the petitioner has remained absent without leave; that he has tampered with the University record concerning his leave and that he is in habit of leaving the office premises during office hours without permission. It was stated, in th...
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