Gujarat Court September 1994 Judgments
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Hasmukhrai K. Thakar Vs. State Bank of India
Court: Gujarat
Decided on: Sep-05-1994
Reported in: AIR1995Guj95
ORDERJ.N. Bhatt, J.1. The petitioner has questioned the decision of the respondent-State Bank of India in discontinuing various credit facilities and recalling the account by letter dated 14-9-1981, by invoking aids of the provisions of Article 226 of the Constitution of India.2. According to the case of the petitioner, the respondent bank had sanctioned various credit facilities as elaborately enumerated in para 7 of the petition, by its Wadhwan branch. The manager of the said branch recalled the account of the petitioner and discontinued the credit facilities. The case of the petitioner is that the action of the respondent bank is illegal and, therefore, the respondent bank should be directed to continue the financial facilities granted to the petitioner.3. There is no dispute about the fact that the petitioner was granted various credit facilities under the scheme for financing small industries by the respondent bank. The frame-work of the said scheme is manifested and highlighted i...
The State of Gujarat Vs. Balubhai Madhabhai Zala
Court: Gujarat
Decided on: Sep-05-1994
Reported in: 1995CriLJ2588
K.J. Vaidya, J.1. This appeal by the State of Gujarat is directed against the impugned judgment and order dated 26-3-1984, rendered in Sessions Case No. 25 of 1984, by the learned Additional Sessions Judge, Kheda at Nadiad, wherein the respondent-Balubhai Madhabhai Zala. who came to be tried for the alleged offence punishable under Section 302 of I.P.C., was at the end of the trial ordered to be acquitted.2. According to the. prosecution, the accused-Balubhai Madhabhai Zala was residing jointly along with his two brothers viz., (1) Udesing Madhabhai (deceased), and (2) Popatbhai Madhabhai, in Village-Parabia. The incident in question wherein Udesing was axed to death by giving him successive blows on his head by the accused, took place in the house itself on 13-11-1984 at 4.00 p.m. This incident is alleged to have been seen by three eyewitnesses viz., (I) Shardabcn Udesing (PW-1, Exh-17); (2) Vinuben Popatbhai (PW-3 Exh-19); and (3) Mansing Jenaji (PW-4, Exh-22), who happens to be the ...
State of Gujarat Vs. Senma Savabhai Bhikhabhai and anr.
Court: Gujarat
Decided on: Sep-05-1994
Reported in: 1995CriLJ3061
C.V. Jani, J.1. 1. to 7. xxxxx 8. If the aforesaid circumstances can be said to be perfectly proved and the chain of circumstances becomes complete so as to leave no manner of doubt that somebody else was the killer we would have no hesitation to allow the appeal and to convert the acquittal of accused No. 2 into conviction for the offence under Section 302 IPC, but we have come across some additional facts and circumstances which dissuade us from adopting the aforesaid course. On reading the unusual observations of the learned Judge about the possibility of the clothes of accused No. 2 being stained with blood due to contact with the clothes of the deceased Bai Viri, we were impelled to satisfy our conscience by looking at the police papers. We found that statements of a large number of witnesses had been recorded by the police including the statements of Suvabhai, minor son of accused No. 1. Ambaben, mother of the accused, and Narmada, wife of accused No. 1. It cannot be ignored that...
Amrutrao Tatyaji Kadam Vs. Sharadbhai Chimanrao Fanase
Court: Gujarat
Decided on: Sep-05-1994
Reported in: (1996)1GLR290
J.N. Bhatt, J.1. In this petition, the challenge is against the order passed by the Deputy Collector on 15-12-1978 in Tenancy Case No. 72 of 1977, whereby tenant's application for supply of electricity at his own costs under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as 'Bombay Rent Act') came to be rejected.2. The petitioner is a tenant residing in the premises of the respondent situated in Dandiya Bazar at Baroda without electric supply since 40 years. Therefore, the petitioner-tenant requested the landlord to provide him electric connection or to give consent for supply of electricity. Request of giving permission to take electric connection in the rented premises was turned down by the respondent-landlord.3. The tenant thereafter took recourse of provisions of Section 23 A of the Bombay Rent Act. Said provisions are relevant and material for deciding this petition and therefore, it would be appropriate to refer to it. Section 23A of t...
New India Assurance Co. Ltd. Vs. Mithakhan Dinakhan Netiyar and ors.
Court: Gujarat
Decided on: Sep-03-1994
Reported in: 1996ACJ155; AIR1995Guj126; (1995)2GLR1111
ORDERJ.M. Panchal, J. 1. The order dated July 8, 1992 passed below Exh. 13 in M.A.C.P. No. 597/ 91 by the Motor Accident Claims Tribunal (Main), Kutch at Bhuj under Section 140 of the Motor Vehicles Act, 1988 ('the Act' for short) directing the petitioner and opponents Nos. 2 & 3 herein to pay an amount of Rs. 12,000/- (Rupees twelve thousand) with interest at the rate of 12% per annum from the date of the application till realisation, is the subject matter of challenge in the present Revision Application which is instituted under Section 115 of the Code of Civil Procedure.2. The opponent No. I i.e. M. D. Motiyar is the original claimant in M.A.C.P. No. 597/ 91. The accident in question took place on November II, 1991. The (sic) was travelling by Truck bearing registration No. GJ-12-T-5601 which is owned by opponent No. 3 herein and which was being driven at the relevant time by the opponent No. 2 herein. The case of the claimant is that because of rash and negligent driving of the Tru...
Commissioner of Wealth-tax Vs. Maheshkumar R. Patel
Court: Gujarat
Decided on: Sep-02-1994
Reported in: (1995)128CTR(Guj)136; [1995]216ITR272(Guj)
Rajesh Balia, J.1. The Income-tax Appellate Tribunal, Ahmedabad Bench 'A', has, at the instance of the Commissioner of Wealth-tax made a statement of the case and has referred the following question of law arising out of its order dated May 20, 1980 : 'Whether, on the facts and in the circumstances of the case, the assessee was entitled to relief under section 5(1) in respect of his share in the bank deposits held by the firm in which he was a partner and relief under section 5(1) in respect of the house property owned by the firm ?' 2. The brief facts, in which the aforesaid question has arisen as found by the Tribunal, are that the assessee is a partner in the firm of H. C. Patel and Co. Two specific assets owned by the firm are deposits in banks and house properties. For the years 1973-74 to 1976-77, the assessee claimed exemption from payment of wealth-tax under section 5(1) in respect of his share of the bank deposits held by the firm and in respect of the house property owned by ...
Roopali Dyeing and Printing Works Vs. Assistant Commissioner of Income ...
Court: Gujarat
Decided on: Sep-02-1994
Reported in: (1994)122CTR(Guj)234; [1995]212ITR573(Guj)
Susanta Chatterji, J. 1. This special civil application has been filed at the instance of the petitioner-assessee, praying, inter alia, for a writ of certiorari quashing the decision of the respondent-Department calling upon the petitioner-assessee to pay under section 220 of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), the interest of Rs. 3,72,852 on declaration that the respondent cannot charge any interest under section 220(2) of the Act. 2. It is stated in detail that the assessment order for the assessment year 1984-85 on total income or Rs. 21,54,740 was passed on March 30, 1987. On May 22, 1987, the Commissioner of Income-tax (Appeals) passed an order reducing the income for the assessment year 1984-85 to Rs. 4,09,589. The Department filed an appeal before the Income-tax Appellate Tribunal, Ahmedabad Bench 'B' (hereinafter referred to as 'the Tribunal'), and the Tribunal passed an order dated July 23, 1992, increasing the income to Rs. 12,94,380 for the asses...
Jayantilal Ambalal Parmar Vs. the Gujarat State Road Transport Corpora ...
Court: Gujarat
Decided on: Sep-01-1994
Reported in: I(1995)ACC7; 1994ACJ1159; AIR1995Guj98; (1994)2GLR1308
Ravani, J.1. A Division Bench of this Court (Coram : B. N. Kirpal, C. J. and and R. K. Abichandani, J.) by the following order dated August 8, 1994 passed in Civil Application No. 3398 of 1994 in First Appeal No. 141 of 1988 has referred this matter to a Full Bench of Five Judges :'It is inter alia contended that in view of the judgment of the Supreme Court in 1994 Acc CJ 1 : (AIR 1994 SC 1631), earlier Full Bench decision of this Court in the case reported at (1993) (1) 34 Guj LR 779 : (AIR 1993 Guj 171) will really not be applicable. The Supreme Court has laid down as to how the compensation should be distributed and invested, while reiterating the earlier decision relating to compensation qua the Bhopal Gas tragedy. This being so, the directions contained in the Full Bench judgment of this Court cannot be given effect to, as they would be in conflict with the judgment of the Supreme Court. In view of the aforesaid, we issue Rule and direct that this case be listed before a Full Benc...
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