Gujarat Court April 1995 Judgments
Gordhanbhai Kashibhai Patel and ors. by L.Rs. Vs. State of Gujarat and ...
Court: Gujarat
Decided on: Apr-28-1995
Reported in: AIR1996Guj9
ORDERA.N. Divecha, J.1. The order passed by the competent authority at Vadodara (respondent No. 2 herein) on 24th November, 1985 under Section 8(4) of the Urban Land (Ceiling and Regulation) Act, 1976 (the Act for brief) as affirmed in Appeal by the order passed by the Urban Land Tribunal at Ahmedabad (the appellate authority for convenience) on 30th May, 1994 in Appeal No. Vadodara-5 of 1986 is under challenge in this petition under Articles 226 and 227 of the Constitution of India. By his impugned order, respondent No. 2 declared the holding of the predecessor-in-title of the petitioners to be in excess of the ceiling limit by 62,673 sq. mtrs.2. The facts giving rise to this petition move in a narrow compass. The predecessor-in-title (the deceased declarant for convenience) of the present petitioners filed his declaration in the prescribed form under Section 6(1) of the Act with respect to his holding within the urban agglomeration of Vadodara. That form was duly processed by respond...
Tag this Judgment!Damyantiben Kantilal Pandya and Anr. Vs. Employees' State Insurance Co ...
Court: Gujarat
Decided on: Apr-28-1995
Reported in: 1997ACJ504; (1996)1GLR582
1. In this first appeal filed under Section 82 of the Employees' State Insurance Act, 1948 (Act for short) the appellants have questioned the legality and validity of the judgment and order passed by the Employees' Insurance Court. Ahmedabad, on February 2, 1979 rejecting the Application (ESI) No. 9 of 1974. 2. The appellants are the original applicants who had filed the aforesaid application claiming the dependent benefits from respondent-original opponent Employees' State Insurance Corporation, Ahmedabad, ('Corporation' for short). The original applicants claiming to be the dependents of deceased Kantilal Kamlashankar Pandya inter alia contended that they are entitled to the dependents benefits by making an application under Section 77 of the Act. 3. According to the case of the appellants, deceased Kantilal Pandya ('deceased' for short) was an insured person under the Act. Deceased was working in Ahmedabad New Cotton No. 2 Mills in a finishing department in the day shift. On October...
Tag this Judgment!Regional Provident Fund Commissioner Vs. Continental Textile Mills Ltd ...
Court: Gujarat
Decided on: Apr-28-1995
Reported in: (1996)2GLR693; (1998)IIILLJ1016Guj
K.J. Vaidya, J.1. This group of24 Criminal Revision Applications for the enhancement of sentence at the instance of Regional Provident Fund Commissioner Ahmedabad is directed against the impugned judgments and orders of conviction and sentence dated October 12, 1993, rendered in as many criminal cases by Mr. A. J. Brahmbhatt, learned Metropolitan Magistrate, Court No. 16, Ahmedabad wherein 'The Continental Textile Mills Pvt. Limited, Ahmedabad, and others' on coming to be tried for the alleged offences punishable under Sections 14, 14(1-A) and 14(1-B) of the Employees' Provident Funds & Miscellaneous Provisions Act, 1952 ('P. F. Act' for short) on their pleading guilty, came to be convicted forthe same and each one of them sentenced to pay a fine of Rs. 150/- only and in default to undergo S.I. for 15 days.2. Mr. J. D. Ajmera the learned Counsel appearing for the petitioner supported by learned A.P.P. Mr. J. A. Shelat while challenging the impugned judgment and order of conviction and ...
Tag this Judgment!Bhal Nalkantha Khadi Vs. Jayantilal and ors.
Court: Gujarat
Decided on: Apr-28-1995
Reported in: I(1996)ACC281; 1995ACJ976
A.N. Divecha, J.1. The judgment and the award passed by the Motor Accidents Claims Tribunal (Auxiliary) of Aimed-bad Rural at Narol ('the Tribunal' for convenience) on 15.1.1987 in M.A.C. Case No. 232 of 1985 is under challenge in this first appeal at the instance of the original owner of the vehicle involved in the accident giving rise to the claim petition by and on behalf of respondent No. 1 herein.2. The facts giving rise to this petition move in a narrow compass. One matador bearing R.T.O. registration No. GRR 4862 ('the offending vehicle' for convenience) dashed against respondent No. 1 herein at about 3.15 p.m. on 8.8.1984. He sustained serious injuries as a result of the accident. Respondent No. 3 herein was on the steering-wheel at the relevant time and the appellant herein was its owner. Respondent No. 1 herein was a minor at the relevant time. His father as the guardian of the minor filed a claim petition before the Tribunal for claiming compensation in the sum of Rs. 1,00,0...
Tag this Judgment!Chiloda Gram Panchayat Vs. Administrator, Gandhinagar District Panchay ...
Court: Gujarat
Decided on: Apr-28-1995
Reported in: (1996)3GLR360
R.K. Abichandani, J.1. The petitioner Gram Panchayat seeks to challenge the interim order passed by the District Development Officer on 6th March, 1995 in Appeal No. 1 of 1995 by which the respondent Nos. 3 and 4 were required to deposit the amount in connection with illegal encroachment at the rate of Rs. 13.50 paise per square yard as against Rs. 90/- per square yard, fixed under the resolution of the Panchayat dated 18th April, 1994. The petitioner also seeks a direction on the Administrator of the Gandhinagar District Panchayat to hear Appeal No. 1 of 1995. A further direction is sought for setting aside Resolution No. 53 dated 31st August, 1994 made by the respondent-Administrator, by which he purported to delegate powers to the District Development Officer.2. The resolution passed by the petitioner-Panchayat being Resolution No. 3 dated 18th April, 1994 under which the Panchayat fixed the rent for unauthorised occupation under Section 319 of the Gujarat Panchayats Act, 1961, at R...
Tag this Judgment!Glaxo Laboratories Employees Union Vs. Glaxo India Ltd.
Court: Gujarat
Decided on: Apr-27-1995
Reported in: (1996)1GLR698
1. The petitioner Union challenges the award dated August 1, 1994 made by the Industrial Tribunal, Baroda in Reference (IT) No. 103/1993 and seeks a declaration that the respondent had sought the undertaking from the workmen illegally and in unjust manner and that it was liable to pay wages from December 9, 1991 to April 23, 1992, with interest being the period during which the workmen could not attend to work due to insistence for executing an unjust undertaking. 2. The respondent-Company deals in manufacture and distribution of drugs, pharmaceuticals and food items, having its factories at Worli, Thane, Ankleshwar, Nasik and Aligarh. The factory at Ankleshwar was established in 1985 to manufacture Ibuprofen and Sotalol Hydroxide initially and later new products were introduced. On July 30, 1987, a settlement was arrived at between the parties which ended on June 30, 1990 when new demands were raised by the Union including demand for 2 days' weekly off, known as 6 x 2 shift system or ...
Tag this Judgment!Laxmichand Bhailal Thakker Vs. State of Gujarat
Court: Gujarat
Decided on: Apr-27-1995
Reported in: (1995)2GLR1528
D.G. Karia, J.1. This Revision Application is directed against the judgment and order dated May 29,1985 of the learned Sessions Judge, Ahmedabad in Criminal Appeal No. 159 of 1984 confirming the judgment and order of conviction dated July 25,1985 passed by the learned Metropolitan Magistrate, Court No. 8, Ahmedabad convicting the petitioner-accused for the offence under Sections 7 and 16(l)(a)(i) of the Prevention of Food Adulteration Act, 1954 and sentencing him to undergo six months' S.I. and fine of Rs. 1,000/- in default to undergo one month S.I. The case of the prosecution is that on June 16, 1983 at about 9-00 a.m. Food Inspector Abdul Razak Shaikh of Ahmedabad Municipal Corporation (which came to be added as a party-respondent pursuant to the order dated March 29, 1995) visited shop of the petitioner. The complainant Food Inspector purchased the ghee from the shop of the petitioner in presence of the panchas. The complainant thereafter divided said quantity of purchased ghee int...
Tag this Judgment!Mohamed Nasim Abdul Razak Mistry Vs. Wealth-tax Officer
Court: Gujarat
Decided on: Apr-26-1995
Reported in: (1995)128CTR(Guj)41; [1995]216ITR104(Guj)
C.K. Thakker, J.1. This petition is filed for quashing and setting aside the reassessment notices for the assessment years 1975-76 to 1979-80 issued by the Wealth-tax Officer, Ward 2(iv), Surat, under section 17 of the Wealth-tax Act, 1957 (hereinafter referred to as 'the Act'), dated April 27, 1989, and permanently restraining the respondent from taking further proceedings in pursuance of the above notices. 2. It is the case of the petitioner that he is the heir and legal representative of one Abdul Razak Bannumiya Mistry, who died on September 29, 1981. He was the assessee under the Act. He owned land bearing final Plots Nos. 95/A and 95/B admeasuring about 21,495 sq. mts. It was agricultural land but it lost its character as agricultural land from March 31, 1975. According to the petitioner, for the assessment year 1974-75, the land was valued as agricultural land at Rs. 2,54,947 as on March 31, 1974, on the basis of the valuation report of a registered valuer of the assessee. For t...
Tag this Judgment!Vxl India Ltd. Vs. Assistant Commissioner of Income-tax
Court: Gujarat
Decided on: Apr-26-1995
Reported in: (1995)127CTR(Guj)204; [1995]215ITR295(Guj)
Rajesh Balia, J.1. This petition is directed to quash the notice dated March 18, 1994, issued to the petitioner under section 148 of the Income-tax Act, 1961, for the assessment year 1989-90. 2. The brief facts leading to the present petition are that the assessment for the assessment year 1989-90, in case of the petitioner was made on January 20, 1993, by the Assessing Officer computing the total income before deduction of investment allowance at Rs. 4,20,35,725 and after adjusting investment allowance and depreciation, net taxable income was determined at Rs. 2,51,66,676. The petitioner got certain reliefs from the appellate authority which attracted the applicability of the provisions of section 115J of the Act. Consequent on the said order for the assessment year 1989-90, the respondent passed an order dated January 20, 1993, giving effect to the said appellate order wherein the respondent computed the total income of the petitioner after taking into account the relief given by the...
Tag this Judgment!Subhlaxmi Mills Ltd. Vs. Dudhabhai Becharbhai
Court: Gujarat
Decided on: Apr-26-1995
Reported in: (1996)1GLR526
ORDER1. The services of the respondent came to be terminated on August 26, 1992 after a departmental inquiry on the ground of gross negligence in his duties resulting in breakage of Card No. 38. Against the said decision, the respondent filed T. Application No. 32/83 before the Labour Court, Nadiad. The Labour Court. Nadiad, by its order dated July 29, 1987 granted reinstatement of the respondent with 75% backwages. The petitioner as well as the respondent filed separate appeals against the said order before the Industrial Court, Gujarat at Ahmedabad. On November 3, 1987, the Appellate Court remanded the matter to the Labour Court. The Labour Court by its order dated March 30, 1993 granted reinstatement to the respondent with 40% backwages. Again, both the parties filed separate appeals before the Industrial Court and on October 29, 1994 both the appeals were dismissed. The petitioner has, therefore, filed the present petition under Article 227 of this Constitution of India against the...
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