Gujarat Court February 1995 Judgments
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Bhagwanji Monabhai Khatana Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Feb-06-1995
Reported in: (1996)IIILLJ311Guj
K.R. Vyas, J.1. The petitioner, one of the sons of the deceased Monabhai Punabhai Khatana, who was serving as Compounder at village Patanvav in the Alopathy Clinic run by the District Panchayat, Rajkot, has challenged the order at Annexure-C dated November 12, 1981 passed by the District Health Officer conveying the decision of the State Government not to appoint the petitioner on compassionate ground as the income of the family of the deceased exceeded Rs. 400/- per month. The petitioner has, therefore, prayed to direct the respondent to reconsider the case of the petitioner for appointment to the post of the clerk or on any equivalent post and to appoint hint on such post forthwith.2. The petitioner belongs to the community recognised as backward class community by the Baxi Panch. The petitioner has passed S.S.C. Examination. The father of the petitioner, as stated above was serving as Compounder under the establishment of the respondents and he expired on September 18, 1976 as a per...
Ranjitsinh Sabaalsinh Rathod Vs. State of Gujarat
Court: Gujarat
Decided on: Feb-06-1995
Reported in: (1995)2GLR1845
J.N. Bhatt, J.1. The main substratum of this appeal preferred by a convicted Police personnel, is the tale of the protector of Law and Order who turns perpetrator of it in purported exercise of personal right to organise and resort to STRIKE beyond the frontiers of Law and horizons of Justice warranting appreciation of and adjudication under the several provisions of Law relating Police Personnel and Police Force in India.2. By filing this appeal, the appellant who is original accused has assailed judgment and order of conviction and sentence, passed against him, by the learned Additional Sessions Judge, Ahmedabad, Rural, on 30-12-1988, in Sessions Case No. 120 of 1988.As per impugned judgment and order of the trial Court, the appellant-accused came to be convicted for the offence punishable under Section 3 read with Section 4 of the Police Forces (Restrictions of Rights) Act, 1966 [Police Forces Act] and also under Section 145(2) of the Bombay Police Act, 1951. The appellant-accused i...
Chiragbhai Bhupendrabhai Patel Vs. Gujarat Higher Secondary Education ...
Court: Gujarat
Decided on: Feb-04-1995
Reported in: AIR1995Guj159
ORDERR.A. Mehta, J.1. These are the matters where each of the petitioners is alleged to have committed unfair practice at the examination and the authority has therefore, passed orders cancelling examination of the petitioners-students. Identical matter being Spl. C.A. No. 8540 of 1994 is dismissed on 5-10-1994 and therefore, these petitions based on the same facts also deserved to be dismissed.2. The learned advocate for the petitioners also relied upon the judgment of the Allahabad High Court in the case of Sachinkumar v. The Vice-Chancellor, Purvanchal University, Jaunpur reported in 1994 (1) Education and Service Cases 456 (All). It was a case of allegation of mass copying as a result of which the entire examination held on 13-8-1993 and 14-8-1993 was cancelled and the learned single Judge had come to the conclusion that there was no basis for the Examination Committee to cancel the examination for mass copying and unfair means. In the present case there is clear evidence of the co...
V.J. Trivedi Vs. Veenaben Hasukhbhai Parikh
Court: Gujarat
Decided on: Feb-04-1995
Reported in: AIR1995Guj223
ORDERJ.N. Bhatt, J. 1. The petitioner is the original defendant and respondent is the original plaintiff who instituted H.R.P. Suit No. 2208 of 1983 in the Court of learned Judge, Small Cause Court, Ahmedabad against the defendant. The plaintiff claimed eviction of the defendant on the ground of reasonable and bona fide requirement under the provision of Section 13(1)(g) of the Bombay Rent Act. The defendant filed written statement and raised the dispute with regard to standard rent.2. During the course of the proceedings in December 1988, the plaintiff submitted an application for amendment of the plaint under Order 6, Rule 17 of the Code of Civil Procedure (Code) which was objected by the defendant by filing application Ex. 23. After hearing the parties, the trial Court granted the application Ex. 23. Being aggrieved by the said order, the original defendant-petitioner herein has come up before this Court in revision under Section 115 of the Code.3. Having regard to the facts and cir...
Shivilaben Vs. Prahladbhai Atmaram
Court: Gujarat
Decided on: Feb-04-1995
Reported in: II(1996)DMC255
J.N. Bhatt, J.1. In this revision, the petitioner original opponent-wife in Hindu Marriage Petition No. 114 of 1985 has questioned the legality and validity of the order below application Ex. 15 by the learned 2nd Joint District Judge at Kheda at Nadiad on 21.11.87. The impugned order passed by the Trial Court at Nadiad is not sustainable in view of the peculiar facts and circumstances, and nature of proceedings going on between the parties. There is no dispute about the fact that the present petitioner-original applicant wife came to be awarded an amount of Rs. 200/- per month by way of interim alimony and the amount of Rs. 500/- by way of costs of the litigation. The opponent-original petitioner in the said suit for restitution of conjugal rights under Section 9 of the Hindu Marriage Act failed to comply with the order. With the result, the wife applied to stay the proceedings initiated against the petitioner-wife by the opponent-original petitioner husband.2. Very purpose of grant o...
Patel Kaushikbhai Bhogilal Vs. Zapli Khadni Dana Nakhwani,
Court: Gujarat
Decided on: Feb-04-1995
Reported in: AIR1995Guj206
ORDERS.K. Keshote, J.1. The Zapli Khadni Dana Nakhwani Chaklani Parabadi Trust (hereinafter referred as the trust) is a registered Charitable Public Trust, registered under the Bombay Public Trust Act, 1950 (hereinafter referred as the Act). The trust is the owner and occupier of land bearing Survey No. 165814, measuring 'A.O. 33gs situated in the sim of town Bawla of Dholkn Taluka, District Ahmedabad.2. The respondent No. 4 Chorapa Bawalia Patel Panch is an association of persons'.3. The respondents Nos. 1,2 and 3 are the trustees of the trust. The trustees of the trust have decided to transfer the aforesaid land of the trust on leasehold basis to augment the income of the trust. The respondents Nos. 1 to 3 published an advertisement in daily news paper ' SANDESH' to lease out this land on lease for 50 years by public auction. To get a fair and reasonable price the trustees adopted this mode for transfer of land by lease. The auction was held on 29-6-1992, as (per) notice in the adver...
Shree Vinayak Synthetics Pvt. Ltd. Vs. Gujarat Electricity Board
Court: Gujarat
Decided on: Feb-04-1995
Reported in: (1996)1GLR15
R.A. Mehta, J.Rule.Mr. Tushar for the respondent waives service of Rule.1. At the request of the learned Advocate this matter is taken up for final hearing today. The electricity meter installed at the petitioner's factory was running slow. He was given a supplementary bill of Rs. 94,675.67 p. It was on the basis that the meter was running slow by 65.67% At the instance of the petitioner the meter was sent for laboratory checking to the Electrical Inspector and there, it was found that the meter was running slowly 43.48 per cent and therefore, the petitioner was called upon to pay a sum of Rs. 54,420.61 p. The petitioner paid that amount on 11-5-1993. Thereafter the petitioner was issued another supplementary bill for the balance of the amount and by a letter at Annexure, the petitioner was called upon to pay the balance of Rs. 37,375.53 p. The Deputy Engineer, Distribution Division-1 of the respondent herein called upon the petitioner to pay that amount stating that the Circle Office,...
Special Land Acquisition Officer Vs. Shanaji Nathaji Thakor (Decd.) by ...
Court: Gujarat
Decided on: Feb-04-1995
Reported in: (1996)2GLR455
J.N. Bhatt, J.1. In this group of five Appeals from Order, common questions have arisen. Therefore, upon a request, the entire group is being disposed of by this common judgment. This group of Appeals from Order is directed against the common judgment and order passed on 9-4-1987 by the learned Extra Assistant Judge, Ahmedabad (Rural) at Narol, in group of Civil Misc. Applications which were preferred for review by the respondents-herein-original claimants.2. The review applications filed by the claimants were with regard to the amount of solatium and interest which was awarded to the claimants as per the award of the trial Court in compensation cases on 30-6-1984 under the Land Acquisition Act.3. The respondents-original claimants were the owners of agricultural land at Chandkheda of Gandhinagar district. Their land came to be acquired by the present appellant-Special Land Acquisition Officer by common award dated 29-3-1979. The claimants were awarded amount of Rs. 8/- and Rs. 11/- pe...
Commissioner of Income Tax Vs. Cadila Laboratories (P) Ltd.
Court: Gujarat
Decided on: Feb-02-1995
Reported in: (1996)134CTR(Guj)430; [1996]221ITR35(Guj)
M.B. Shah, J.1. For the asst. yr. 1983-84, the Tribunal, Ahmedabad Bench 'A', has referred the following question for our opinion, under s. 256(2) of the IT Act, 1961 ('the Act') : 'Whether, the Tribunal was right in law in holding that the assessee had been maintaining agency for promotion of sales outside India within the meaning of s. 35B(1)(b)(iv) and whether the Tribunal was right in allowing weighted deduction ?' 2. The aforesaid question arises in the background of the fact that the assessee claimed weighted deduction of Rs. 3,10,034, under s. 35B(1)(b)(iv) of the Act, on account of commission paid to foreign agents, by contending that the commission was paid to various foreign agencies on account of services rendered by them for promoting exports, that those services included the services for procuring and maintaining export business outside India. 3. The Tribunal considered the fact that there were six agents of the assessee, and they represented export territories of U. S. S....
Shardaben Pankajkumar Vyas Vs. Pankajkumar Sureshchandra Vyas and anr.
Court: Gujarat
Decided on: Feb-02-1995
Reported in: (1995)2GLR1679
J.N. Bhatt, J.1. Main question in focus in this petition is whether the petitioner-original applicant is entitled to claim maintenance from opponent No. 1, as a wife under Section 125 of the Criminal Procedure Code ('Code' for short), as the claim of maintenance is rejected by the learned Judicial Magistrate, First Class at Surat, in Criminal Maintenance Application No. 12 of 1983, on 19-8-1987, holding that the petitioner-wife has failed to establish factum of marriage with respondent No. 1-husband.2. Having examined the facts and circumstances and the evidence, on record, in light of the relevant propositions of law, impugned order of the trial Magistrate is found, with due respect, to be perverse, unjust and patently illegal. Therefore, this Court is inclined to interfere with the impugned judgment and order passed by the learned trial Magistrate for the reasons which this Court hastened to articulate appreciating well and keeping in mind the limited jurisdictional sweep and scope p...
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