Gujarat Court November 1995 Judgments
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Vasantben Labhubhai Vs. State of Gujarat
Court: Gujarat
Decided on: Nov-17-1995
Reported in: (1996)1GLR618
K.J. Vaidya, J.1. Vasantben Koli, by this appeal has brought under challenge the impugned judgment and order of conviction and sentence dated 12-8-1994, rendered in Sessions Case No. 238 of 1993, passed by the learned Additional Sessions Judge, Bhavnagar-Mahuva, wherein on her coming to be tried for the alleged offence punishable under to Section 302 of IPC, was sentenced to imprisonment for life and to pay a fine of Rs. 500/- and in default, to undergo RI for three months.2. The prosecution case as it gets summed up and reflected in Charge Exh. 4 is to the effect that the alleged incident in question wherein Vasantben Koli gave a blow with an iron bar to her husband Labhubhai Koli, took place in between 9-00 PM on 16-7-1993 and 6-00 AM on 17-7-1993 in her house at Village Dhoba. In this case, there is no eye-witness. So far as the incident in question is concerned, the prosecution has examined two witnesses, viz., PW-5 Jamnaben Laxman, who happens to be mother-in-law of the accused an...
Akhil Gujarat Hosiery Kamdar Union Vs. Nirav Knitwear Company and ors.
Court: Gujarat
Decided on: Nov-16-1995
Reported in: [1996(74)FLR1971]
B.C. Patel, J. 1. Rule Mr. Gadhia, learned Advocate for respondents waives service of rule. At the request of learned Advocates, the matter is finally heard and disposed today. 2. This petition is filed by a Union, challenging the order passed by Industrial Court in References No. (IC) 137/91, 129/91 to 136/91, 138/91 to 143/91, whereby the References are allowed partly. 3. This petition being under Article 227 of the Constitution of India, we have to consider whether the Court below has disposed of the matter by following the procedure laid down under the law and by considering the evidence on record or not In this matter, therefore, the question of reappreciating the evidence led before the Industrial Court does not arise. 4. It is averred in the petition that in the respondent group of Companies (15 in number), underwears in the trade name 'Nitex' are being manufactured. It is admitted by the Union that in comparison to the articles manufactured by the respondents, there are other C...
Commissioner of Income Tax Vs. Nirmal Textiles
Court: Gujarat
Decided on: Nov-14-1995
Reported in: [1997]224ITR378(Guj)
Rajesh Balia, J.1. Respondent assessee has opted for Samvat Year as his accounting period ending on Diwali every year. The controversy relates to asst. yr. 1975-76, the previous year relevant to which ended on Diwali of 1974, i.e., the accounting period commencing on next day of Diwali 1973 and ending on Diwali 1974 is the previous year relevant to the assessment year in question for which income-tax payable by the assessee was to be assessed. He sold certain plots of land between 26th Dec., 1973 and 25th March, 1974. As on the date of such transfers, the assessee had held the said immovable property for the period of more than 24 months, but less than sixty months. The assessee claimed that as on the date of transfer of the capital assets concerned, the definition of short-term capital asset under s. 2(42A) of the IT Act, 1961, it was required that the assessee should have held the capital asset for not more than 24 months immediately preceding the date of transfer, it was a transfer ...
Mohmed Shafi Noormohmed (Since Decd.) Through His Heirs and Lrs. Vs. R ...
Court: Gujarat
Decided on: Nov-13-1995
Reported in: (1997)2GLR1620
S.D. Dave, J.1. These orders shall govern the disposal of these six Civil Revision Applications, arising under Section 28 of the Bombay Rents Act, 1947. The Civil Revision Application Nos. 693 of 1979, 694 of 1979 and 695 of 1979 have been filed by the tenants, who suffered a decree of eviction under Section 13(1)(hhh) of the Bombay Rents Act, 1947, at the hands of the Appellate Court. The remaining three Civil Revision Applications have been presented by the landlords, because they feel that, their case for the decree of eviction on certain other grounds like, the non-payment of the rent for a period of more than six months and bonafide personal requirement etc. should have been recognised by the Courts below. It would be appropriate, if the three Civil Revision Applications falling under the first group are taken for decision.2. The plaintiffs are the owners and the landlords of Final Plot bearing F.P. No. 581, within the T.P. Scheme No. 3, Ellisbridge, Ahmedabad, having the area of ...
State of Gujarat Vs. Hasmukh @ Bhikha Gova Harijan
Court: Gujarat
Decided on: Nov-13-1995
Reported in: (1996)1GLR292
K.J. Vaidya, J.1. These two appeals by the State of Gujarat against the respondent - Hasmukh @ Bhikha Gova Harijan, first one against the order of acquittal under Section 302 of the I.P. Code, and the second one for an enhancement of sentence against the inadequate order of sentence under Section 304-Part II of the I.P. Code, arise out of the very same judgment and order of conviction and sentence dated 20-12-1990 rendered in Sessions Case No. 55 of 1989, passed by the learned Additional Sessions Judge, Jamnagar, wherein on the respondent coming to be tried for the alleged offence punishable under Section 302 of the I.P. Code, was ultimately convicted for the offence punishable under Section 304 Part-II and sentenced to undergo 3 years R.I.2. Briefly, it is the prosecution case that the incident in question wherein Bhikha Shakra was stabbed to death by accused Hasmukh @ Bhikha Gova, took place on 26-11-1989 at 19-30 hours in Harijanvas, at village Vanavad. The prosecution, in order to ...
State of Gujarat Vs. Mali Ranchhod Kheta and ors.
Court: Gujarat
Decided on: Nov-11-1995
Reported in: (1996)2GLR501
S.D. Shah, J.1. This Second Appeal is filed by the State of Gujarat under Section 100 of the Civil Procedure Code against the judgment and decree passed by the Assistant District Judge, Banaskantha in Regular Civil Appeal No. 22 of 1975 dated 7th of April, 1977, whereby he dismissed the Appeal of the State and confirmed the judgment and decree of Civil Judge (S.D.), Palanpur, declaring that the respondent Nos. 1 to 7 - plaintiffs are the owners of parcel of land bearing Survey No. 295 and are in possession thereof, situated at village Bhabhar Navavas, which is declared to be admeasuring 2 acres 9 gunthas 88 cents. The trial Court while granting aforesaid declaration also granted permanent injunction against the defendant No. 1 - State of Gujarat (appellant herein) and against Bhabhar Navavas Gram Panchayat, respondent No. 8 (defendant No. 2) whereby the defendants, their servants, and agents are permanently restrained from interfering with the plaintiffs' possession of the suit land.Th...
In Re: Apco Industries Ltd.
Court: Gujarat
Decided on: Nov-10-1995
Reported in: [1996]86CompCas457(Guj)
S.D. Dave, J.1. The present orders shall govern the disposal of these two company petitions, filed before this court, for the purpose of obtaining the sanction to the scheme of amalgamation, proposed to be made between the two companies, namely, Apco Electrical Products Pvt. Ltd. ('the transferor-company') and Apco Industries Ltd. ('the transferee-company'). Company Petition No. 27 of 1995 has been presented by the transferor-company, while Company Petition No. 26 of 1995 has been presented by the transferee-company. 2. The transferor-company is a private limited company, within the meaning of the Companies Act, 1956, having its registered office at Ahmedabad, within the State of Gujarat. The transferor-company was incorporated on March 3, 1978, as a private limited company. Annexure-A happens to be the printed copy of the memorandum and articles of association of the transferor-company. As per the latest audited balance-sheet, as on March 31, 1994, the authorised, issued, subscribed a...
Raylon Silk Mills Vs. Commissioner of Income Tax
Court: Gujarat
Decided on: Nov-09-1995
Reported in: (1996)134CTR(Guj)388; [1996]221ITR155(Guj)
ORDER--Basis thereof.Ratio & Held :It is an essential condition of exercise of the power under section 263 that the Commissioner must find that the error which is found in the order of the assessing officer is prejudicial to the interests of the revenue. The conclusion of the Commissioner that the order is prejudicial to the interests of the revenue is not a matter of subjective satisfaction of the Commissioner. That is to be founded on the objective material after assessing the contentions raised by the assessee on opportunity of hearing being afforded to him before passing the order. Application :Also to current assessment year.A. Y. :1974-75Income Tax Act 1961 s.263 Revision under s. 263--VALIDITY--Enquiry by assessing officer.Ratio :In the circumstances of the case the Commissioner was not justified in law in holding that the assessing officer concerned had not at all examined goodwill account and made no inquiry at the time of passing an assessment order and hence his order was er...
Commissioner of Wealth Tax Vs. Girishchandra Chandrashankar
Court: Gujarat
Decided on: Nov-09-1995
Reported in: [1996]219ITR682(Guj)
Rajesh Balia, J.1. The assessees had interest in the firm of M/s Bharat Weaving and Manufacturing Company, being a partner thereof. While calculating the quantum of exemption under s. 5(1)(ii) the WTO excluded the value of the building included in the assets of the firm as per its balance sheet and consequently decreased the value of exemption. On appeal the AAC confirmed the order of WTO. However on further appeal the Tribunal found in favour of the assessee that he was entitled to the said exemption. The Tribunal directed the WTO to rework the benefit given to the assessee under s. 5(1)(ii) by excluding from the purview of the said section only those lands or buildings belonging to the firm which would otherwise be exempted under s. 5(1) of the Act. On these facts, the Tribunal had referred the following questions of law for the decision of this Court at the instance of CWT : '1. Whether, on the facts and in the circumstances of the case, the value of the building included in the ass...
Agricultural Produce Market Committee and anr. Vs. B.G. Bhavsar and or ...
Court: Gujarat
Decided on: Nov-09-1995
Reported in: (1997)3GLR2547
N.N. Mathur, J.1. In the present Special Civil Application a short question which arises for determination is as to whether on denotification of any enclosures, building or locality to the sub-market yard the same continue to vest in the Market Committee and as such can it be sold by the said Market Committee?2. Few necessary facts are that the petitioner Agricultural Produce Market Committee, Patan (hereinafter referred to as the Market Committee, was originally constituted under the Bombay Agricultural Produce Markets Act, 1939 in respect of various agricultural produces and in 1952 after following requisite procedure, cattle was included in regulated agricultural produce. On cattle being included in the regulated agricultural produce under the Market Committee, the Committee took on lease land admeasuring 1 Acre 7 Gs. from Shri Ranchhodji Mandir Trust. The State Government declared the said lands as buildings of Survey No. 56 as sub-market yard under Section 4A of the Bombay Agricul...
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