Gujarat Court February 1995 Judgments
international Radiators Vs. Ahmedabad Municipal Corporation and anr.
Court: Gujarat
Decided on: Feb-14-1995
Reported in: (1996)1GLR159
R.K. Abichandani, J.1. The petitioner-firm seeks to challenge the collection of octroi by respondent No. 1-Municipal Corporation on the brass and copper strips/foils/sheets imported by the petitioner to its factory from the place outside the city limits and claims refund of the octroi amount overcharged by the respondent-Corporation on such material. According to the petitioner, the items imported by it fall in entry No. 54(A) and not under entry No. 42(A)(i) of the Schedule 'A' to the Octroi Rules.2. The petitioner has its factory in GIDC Estate at Vatwa for manufacturing radiators for motor cars. The said area was included within the Corporation limits with effect from 5-2-1986. According to the petitioner the raw material comprising of copper and brass strips and foils was imported for the purpose of manufacturing radiators for motor cars. This raw material was not imported for being used directly as a spare part or a component in the motor cars, but it was being subjected to variou...
Tag this Judgment!Madhuriben Amrutlal Parikh and ors. Vs. Municipal Corporation of City ...
Court: Gujarat
Decided on: Feb-14-1995
Reported in: (1995)1GLR880
S.D. Dave, J.1. This petition, arising under Article 226 of the Constitution of India, concerns with the provisions contained under Section 20 of the Gujarat Town Planning & Urban Development Act, 1976 (hereinafter referred to as the 'Act of 1976'). The said provisions may be quoted thus:20. (1) The area development authority for whose purpose land is designated in the final development plan for any purpose specified in Clause (b), Clause (d), Clause (k) or Clause (n) of Sub-section (2) of Section 12, may acquire the land either by agreement or under the provisions of the Land Acquisition Act, 1894.(2) If the land referred to Sub-section (1) is not acquired by agreement within a period of ten years from the date of the coming into force of the final development plan or if proceedings under the Land Acquisition Act, 1894 are not commenced within such period, the owner or any person interested in the land may serve a notice on the authority concerned requiring it to acquire the land and ...
Tag this Judgment!Habibbhai Vajirbhai Chaudhari Vs. Maganbhai Arjanbhai Desai and anr.
Court: Gujarat
Decided on: Feb-14-1995
Reported in: (1995)1GLR871
R.K. Abichandani, J.1. The petitioner who was initially declared as elected as Sarpanch of the Dashavada Gram Panchayat by the Returning Officer on 24th February, 1992 and suffered a set back in the Election petition filed by respondent No. 1 challenges the order dated 14th December, 1994 passed by the learned Civil Judge (J.D), Sidhpur in Election Petition No. 1 of 1992, by which the respondent No. 1 was declared elected as the Sarpanch of the Panchayat on the ground that he had secured higher number of votes than the petitioner.2. The election of Sarpanch of the said Panchayat was held on 23rd February, 1992 and the petitioner was declared as elected by the respondent No. 2 having secured 608 votes as against 592 votes secured by the respondent No. 1. At mat time 16 ballot papers were rejected and one ballot paper could not be traced. The respondent No. 1 thereupon filed the Election Petition under Section 24 of the Gujarat Panchayats Act, 1961 on various grounds challenging election...
Tag this Judgment!Arjanbhai Naranbhai Vs. Harijan Jetu Hira
Court: Gujarat
Decided on: Feb-12-1995
Reported in: (1996)3GLR358
A.N. Divecha, J.1. The order passed by the Debt Settlement Officer (the First Authority for convenience) at Surendranagar on 27th January 1981 under Section 14(2) of the Gujarat Rural Debtors' Relief Act, 1976 ('the Act' for brief) as affirmed in appeal by the order passed by the Appellate Authority in Appeal No. 445 is under challenge in this petition under Article 227 of the Constitution of India. By his impugned order, the First Authority released the respondent herein from his indebtedness to the petitioner and ordered release of one parcel of land bearing Survey No. 148 (Part) admeasuring 3 acres 37 gunthas situated in village Ranghola in district Surendranagar (the disputed land for convenience) as security for the debt and directed the petitioner herein to hand over its possession back to the respondent.2. The facts giving rise to this petition move in a narrow compass. It appears that the respondent obtained loans of Rs. 4,000/- on account of his wife's illness and Rs. 2,000/- ...
Tag this Judgment!Vagher Amad Hushen Vs. Secretary, Gujarat Electricity Board and ors.
Court: Gujarat
Decided on: Feb-10-1995
Reported in: (1995)2GLR1130
R. Balia, J. 1. The petition-workman who was employed by the respondent Gujarat Electricity Board received personal injuries in accident on 6th March, 1976 which arose out of and in the course of his employment. The cause of injury was a fall from a height of nearly 40 ft. to 50 ft. while white washing of the wall of the Boiler House of the Power House at Sikka run and owned by the respondent Board. As a result of the injury, the petitioner suffered 75 per cent permanent disability and as no compensation was paid under the Workmen's Compensation Act to the petitioner, registered notice was given on 23rd December, 1976, claiming the compensation but of no avail and, therefore, the petitioner lodged claim before the Workmen's Compensation Commissioner. The employer Board chose to contest the claim of the workman on all counts as to whether the application is a workman; whether the accident arose out of and during the course of employment; whether the amount of compensation is due. It als...
Tag this Judgment!State of Gujarat Vs. Shaikh Lala Shaikh Balu
Court: Gujarat
Decided on: Feb-10-1995
Reported in: (1995)2GLR1709
K.J. Vaidya, J.1. 'Whether at the pre-trial stage of deciding the bail application for the alleged offence under Section 20(b) of the Narcotic Drugs & Psychotropic Substances Act, 1985, the Court is justified in going into technical questions such as (i) the compliance of the mandatory provisions under Sections 42(2) and 50(1) of the NDPS Act; and (ii) regarding the possession of the house in question from where the muddamal narcotic substance was found out?' These two questions arise for consideration in the context of the facts and circumstances as enumerated hereunder.2. According to the prosecution, Mr. P.V. Kotwal, PSI, Limbayat Police Station, Surat, on receiving the tip-off that Shaikh Lala Shaikh Balu was illegally storing and selling 'Ganja', he immediately requisitioned the services of two panchas and raided his house on 4-8-1993 at 21-30 hours. At that time, the accused was present in the house and on taking search of his house, from one room, white coloured bag was recovere...
Tag this Judgment!Tilak Textile Mills Ltd. Vs. Union of India
Court: Gujarat
Decided on: Feb-09-1995
Reported in: 1995(79)ELT210(Guj); (1995)1GLR498
J.N. Bhatt, J.1. The main question in focus in this group of 13 petitions, under Article 226 of the Constitution of India, is whether, the classification of goods and the structure of excise duty, effected by the taxing statues for the purpose of imposing different and staggered rate of duty in relation to the relevant processed and blended Man-made fabrics, are illegal, and unconstitutional being violative of Articles 14 and 19(1)(g) of the Constitution of India 2. Since the common questions are raised in all these petitions, it was, jointly, submitted by the learned advocates appearing for the parties to decide all the petitions together and therefore, they are being disposed of by this common judgment. 3. In this groups of petitions, the petitioners have challenged the legality and validity of four Notifications (1) 254/87, dated November 25, 1987; (2) No. 262/87, dated 9th December 1987; (3) No. 4/88 and (4) No. 5/88, both dated 19th January 1988, issued in exercise of the powers c...
Tag this Judgment!Kirtan Sharatkumar Gandhi Vs. Gujarat Higher Secondary Education Board
Court: Gujarat
Decided on: Feb-09-1995
Reported in: AIR1995Guj217
ORDERN.N. Mathur, J.1. Rule.2. M. C. Bhatt waives service of Rule for respondents Nos. 1 and 2 and Mr. Y. M. Thakkar waives service for respondent No. 3.3. By was of this Special Civil Application under Article 226 of the Constitution of India, the petitioner seeks direction to allow her to appear at the Higher Secondary School Certificate Examination (general stream) (hereinafter referred to as 'H.S.C. Examination') which is going to be held in March, 1995.4. In order to appreciate the controversy involved in the present petition, it is necessary to state the scheme of H.S.C. Examination with respect to external and regular students. The Board conducts Standard XII H.S.C. Examination as per Higher Secondary Certificate Examination Regulations, 1977. Regulation 19 makes provision for eligibility of regular student appearing at Std. XII Examination. Such regular student is required to complete the requisite attendance and to undertake certain external assignments etc. as provided under ...
Tag this Judgment!The State of Gujarat Vs. Ratilal Maganlal Shah and ors.
Court: Gujarat
Decided on: Feb-09-1995
Reported in: 1996CriLJ2683; (1995)2GLR1542
ORDERJ.N. Bhatt, J.1. The respondents are the original accused persons. The appellant is the original complainant-Food Inspector who visited the shop of accused No. 1 on 30-7-1986 and purchased groundnut oil 'Utsav' brand for the purpose of analysis on the suspicion that it was being sold in contravention of the provision of Prevention of Food Adulteration Act 1954 ('Act' for short). One of the samples collected from goundnut oil tin was sent to the Public Analyst for examination and report. The report of the Public Analyst indicated that the groundnut oil was sold by the accused No. 1 from his shop in contravention of provisions of the Act as it was found to be adulterated. The charge was framed against the accused persons under Section 7(1) read with Section 16 of the Act.2. At the end of the trial, after examining the evidence on record, the trial Court found accused not guilty. With the result, the accused came to be acquitted from the said charges against him which is being precis...
Tag this Judgment!Rajkot Municipal Corporation Vs. Kishor Govind
Court: Gujarat
Decided on: Feb-08-1995
Reported in: (1996)2GLR246
1. These three petitioners raise a common issue arising out of common award passed in respect of the respondents in each of the case dated December 28, 1993 holding the retrenchment of the reaspondents as illegal being in contravention of the provisions of Section 25-G of the Industrial Disputes Act, 1947 ('the Act' for short) and directing the Management to reinstate the respondent-workmen in each matter. 2. The only contention raised before the Court in these petitions is that as per the findings of the Labour Court, none of the workmen concerned was in continuous service of the petitioner for one year or more inasmuch as none of them have actually worked for 240 days in 12 months immediately preceding the date of retrenchment so as to take benefit of Section 25-B of the Act. The learned Counsel for the petitioner contends that Section 25-B, 25-F, 25-G and Section 25-H are integral part of the Scheme conferring certain benefits on the employee whose services are being terminated on f...
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