Gujarat Court September 1994 Judgments
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Koli Jeram Vashram and anr. Vs. Jadeja Shivubha Dipsinhji and ors.
Court: Gujarat
Decided on: Sep-15-1994
Reported in: (1995)2GLR1604
J.N. Bhatt, J.1. In this petition under Article 227 of the Constitution of India, the challenge is against an order passed by the Gujarat Revenue Tribunal (Tribunal) on 21-1-1976 in revision application.2. The petitioners are the tenants in respect of agricultural lands situated in the sim of village Jhebachada of Taluka and District Rajkot of one deceased Jadeja Rambha Bhupatsinh and respondents are the heirs and legal representatives of the deceased landlord Rambha. The respondents are the Girasdars as defined in Section 2(15) of the Saurashtra Land Reforms Act, 1951 (S.L.R. Act) which came into force with effect from September 1, 1951. For the brevity and convenience, the petitioners shall be hereinafter referred to as the tenants and the respondents shall be hereinafter referred to as the Girasdars. The Girasdars had filed an application under Section 23 of the S.L.R. Act for getting Gharkhed lands from the tenants before the Mamlatdar at Rajkot.3. After holding an enquiry, the Mam...
Natvarbhai Narandas Patel Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Sep-14-1994
Reported in: (1995)IILLJ1153Guj
ORDERB.J. Shethna, J.1. The petitioner, who is a Junior Industries Inspector, has challenged in this petition the promotion orders dated April 7, 1981 (Annexure 'C') and dated September 5, 1981 (Annexure 'F') of promoting his juniors and also prayed to direct the respondents to promote the petitioner with effect from April 8, 1981 with all consequential benefits on such promotion. By way of interim relief, it is prayed that respondent Np.2 be restrained from implementing and/or giving effect to the promotion orders dated April 7, 1981 and September 5, 1981 and he be further restrained from giving charge of the post of Senior Industries Inspector to person junior to the petitioner.2. This petition was filed on September 17, 1981 and placed for orders on September 18, 1981. On September 18, 1981, this petition was straightaway admitted and Rule was issued and notice as to interim relief was made returnable on October 13, 1981 and it was directed that one post of Senior Industries Inspect...
Javerben Wd/O. Late Gulabchand Nanji Prajapati and ors. Vs. Jahidmiya ...
Court: Gujarat
Decided on: Sep-14-1994
Reported in: (1994)2GLR1664
J.M. Panchal, J.1. Both these appeals are directed against the common judgment and award dated September 23, 1983 delivered by the Motor Accident Claims Tribunal, Sabarkantha at Himatnagar, in M.A.C. Petition Nos. 2, 3, and 4 of 1981. As common questions of law and facts are involved in the appeals, they are being disposed of by this common judgment with the consent of learned Advocates appearing for the parties.2. The vehicular accident occurred at about 3-30 p.m. on July 21, 1980 in the outskirts of city of Himatnagar on Himatnagar-Idar Road which claimed lives of two persons, namely, Dahyalal Gulabchand Prajapati and Nikhilkumar Ratilal Joshi. Both the deceased were close friends. Deceased Nikhilkumar had come to Radhiwad during the week end prior to the date of accident and was supposed to return to Mehsana where he was working as Sales Representative with Indian Potash Ltd. Deceased Dahyalal who was serving in Dena Bank, Khedbrahma, took casual leave on July 21, 1980 with a view t...
Manubhai Ambalal Patel Vs. Chanchalaben Patel and ors.
Court: Gujarat
Decided on: Sep-12-1994
Reported in: AIR1996Guj69
J.N. Bhatt, J. 1. In this petition under Article 227 of the Constitution of India, the petitioner has questioned the order passed by beauty Collector on 17-1-1978 and confirmed by Joint Secretary, Revenue Department, Ahmedabad on 27-11-1978. 2. For examining merits of this petition, the relevant factual fact may be noted. The petitioner purchased agricultural lands from respondent No. 1 and one Shashikant Jethalal in respect of Revenue Survey No. 625/4 admeasuring 24 Gunthas on 7th April, 1977 situated in village Thamna in Umreth Taluka of Kaira District. The petitioner is in possession of the disputed lands since the date of purchase. 3. Later on, the proceedings were initiated against the petitioner by the Deputy Collector under the provisions of Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (hereinafter referred to as the Act) contending that there was breach of the provisions of Section 9(2) of the Act. The case was registered and inquiry was held by th...
Koli Kababhai Ukabhai and ors. Vs. State of Gujarat
Court: Gujarat
Decided on: Sep-12-1994
Reported in: (1996)1GLR342
S.M. Soni, J.1. Appellants-original accused have preferred this appeal against the judgment and order of conviction dated 21-3-1988 passed by the Addl. Sessions Judge, Bhavnagar in Sessions Case No. 17 of 1986. Appellant No. 1 convicted under Section 302 I.P.C. and appellant No. 2 to 7 convicted under Section 302 read with Section 149 I.P.C. They are ordered to suffer rigorous imprisonment for life. All the accused are also convicted under Sections 147 and 148 of I.P.C. and are ordered to undergo R.I. for six months and 9 months respectively.2. Appellants will be referred to as respective accused in this judgment.3. It is stated at the Bar by the learned Advocate for the appellants-accused that the appellant No. 7 has died on 30-11-1992. Hence, so far as appeal of appellant No. 7 is concerned, it abates.4. Facts which led the prosecution of the accused are as under:Complainant P.W.1, P.W.5 and one Makabhai are the brothers and are cultivating their respective lands. Land named 'Butiya'...
Prajapati Manubhai Muljibhai and anr. Vs. Prajapati Ambalal Jethbhai
Court: Gujarat
Decided on: Sep-12-1994
Reported in: (1995)1GLR205
S.D. Shah, J.1. This Civil Revision Application is filed by the petitioners landlords against the judgment and decree of Assistant Judge, in Appeal No. 22 of 1976 dated 13th March, 1980, whereby he allowed the appeal and set aside the judgment and decree passed by the Trial Court directing defendant tenant to hand over peaceful and vacant possession of the suit premises. The lower appellate Court, thus, dismissed the suit of the petitioners landlords for possession.2. In order to appreciate the legal submissions made by the learned Counsel appearing for the petitioners landlords, it would be relevant to set out few relevant facts hereunder:(a) The petitioners landlords instituted Regular Civil Suit No. 314 of 1974 in the Court of Civil Judge, (J.D.), Borsad at Nadiad to recover possession of the suit premises and arrears of rent on the ground that the defendant tenant was in arrears of rent for period of more than six months and that he was not ready and willing to pay the rent and sec...
Municipal Corporation of the City of Ahmedabad Vs. Oriental Fire and G ...
Court: Gujarat
Decided on: Sep-08-1994
Reported in: AIR1994Guj167; (1994)2GLR1498
B.N. Kirpal, C.J. 1. The question which arises for consideration in the large number of First Appeals filed against various orders of Small Causes Courts is as to how to determine the rateable value of premises for the levy of property tax under the provisions of the Bombay Provincial Municipal Corporations Act, 1949 (hereinafter referred to as 'The B.P.M.C. Act'). 2. Considering the importance of the points involved and in order to determine all the questions which arise in connection with the assessment to house tax, these Appeals were heard together and various learned counsels addressed arguments on all the issues which could, possibly, arise and which are being decided by this judgment. For the sake of convenience, and in order to appreciate various submissions made, facts of two sample cases, viz., First Appeal No. 469 of 1990 filed by the Corporation against M/s. Hindustan Photo Films . (which is the case of premises occupied by a tenant) and First Appeals Nos. 1339 of 1983 to 1...
Commissioner of Income-tax Vs. Navnitlal Pochalal
Court: Gujarat
Decided on: Sep-07-1994
Reported in: (1994)122CTR(Guj)49; [1995]213ITR69(Guj)
Susanta Chatterji, J.1. The Income-tax Appellate Tribunal, Ahmedabad Bench 'B' (hereinafter referred to as 'the Tribunal'), has referred the following questions for the opinion of the High Court in compliance with the directions of this court : 'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal has been right in law in holding that no penalty under section 271(1)(c) and/or Explanation thereto is justified 2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal has been right in law in holding that the assessee could not be said to have failed to return the correct income or had filed inaccurate particulars thereof, visiting him with penalty under section 271(1)(c) read with the Explanation thereto 3. Whether, in view of the clear facts on record and the admission of the assessee to an addition of Rs. 40,000 as concealed income of the year, the appellate Tribunal was justified in not sustaining the penalty under section 271(...
Commissioner of Income-tax Vs. Ashwinkumar Gordhanbhai and Bros. Pvt. ...
Court: Gujarat
Decided on: Sep-06-1994
Reported in: (1994)122CTR(Guj)164; [1995]212ITR614(Guj)
Susanta Chatterji, J. 1. The Income-tax Appellate Tribunal, Ahmedabad Bench 'C' (hereinafter referred to as 'the Tribunal'), has referred the following questions, for the opinion of the High Court, at the instance of the Commissioner of Income-tax, Baroda (hereinafter referred to as 'the C. I. T. Baroda') : '(1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessee-company was engaged in manufacturing and processing activities and, therefore, should be charged to tax at the rate of 55 per cent. (2) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in setting aside the order of the Commissioner of Income-tax passed under section 263 of the Act ?' 2. It appears that the assessee claimed that it was a company engaged in manufacturing and that it should be charged to income-tax at the rate of 55 per cent. The Income-tax Officer allowed the claim of the assessee to be taxed at the rate ...
K.R. Desai, Assistant Judge Vs. High Court of Gujarat Through Registra ...
Court: Gujarat
Decided on: Sep-05-1994
Reported in: [1995(70)FLR667]; (1994)2GLR1639; (1995)IILLJ972Guj
Calla, J. 1. The petitioner is a Judicial Officer holding the post of Assistant Judge, head-quartered at Ahmedabad. He has filed present Special Civil Application challenging the order dated 2-12-1992, and seeking a declaration that the inquiry proceedings which are being held against him are vitiated, and further that, he is entitled to get all the relevant documents and materials as stated in Para 5 of petition. The order dated 2-12-1992 is an order which indicates that the High Court has tentatively agreed with the findings recorded by the Inquiry Officer, and therefore, it has been found to be a fit case to recommend issuance of show cause notice to the delinquent official to show cause as to why the penalty of dismissal from service should not be imposed upon him in view of the charges established against him in this Departmental Inquiry. There is no dispute that the matter is yet pending before the Disciplinary Authority and no final punitive order has been passed against the pet...
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