Gujarat Court September 1995 Judgments
Babulal Prabhudas Modi Vs. Narayanbhai Prabhudas Modi and anr.
Court: Gujarat
Decided on: Sep-29-1995
Reported in: (1996)1GLR794
S.D. Shah, J.1. The petitioner-plaintiff is aggrieved by the judgment and order of 3rd Jt. Distt. Judge, Mehsana in Civil Misc. Appeal No. 43/94, dated 20.1.1995 whereby he allowed the appeal and quashed the order below Exh. 68, dated 4.1.1994 passed in Reg. C.S. No. 301/88. It appears that in the suit instituted by the petitioner-plaintiff for dissolution of partnership being run in the name and style of M/s. Prabhudas Joitaram, the respondents-defendants on the very day filed application. Exh. 10 under Section 34 of the Arbitration Act to stay the suit on the ground that the partnership deed contained a clause requiring reference of disputes between the partners to Arbitrator. On such application the learned Trial Judge passed order fixing same for hearing on 20.7.1988. It appears that thereafter either through oversight of the Trial Court or because of lapse on the part of the respondent-defendants no further orders were sought on Exh. 10 and the said application was kept pending wi...
Tag this Judgment!Cellulose Products of India Ltd. Vs. Commissioner of Income Tax
Court: Gujarat
Decided on: Sep-29-1995
Reported in: (1996)132CTR(Guj)452; [1996]218ITR490(Guj)
Rajesh Balia, J.1. By a consolidated order, the Tribunal, Ahmedabad Bench B has referred the following six questions for our decision at the instance of the assessee : '(1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the commission paid to the managing directors is includible in remuneration while computing the disallowance under s. 40(c) of the Act (2) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in coming to the conclusion that the amount of Rs. 25,125 paid as foreign exchange difference arising out of deferred payment of purchase price of machinery, was capital expenditure (3) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that no depreciation is admissible in respect of machinery installed in earlier years for scientific research and development (4) Whether, on the facts and in the circumstances of the case, the Tribunal wa...
Tag this Judgment!Commissioner of Gift Tax Vs. C.D.R. Laxmidevi
Court: Gujarat
Decided on: Sep-29-1995
Reported in: (1996)133CTR(Guj)270; [1996]220ITR50(Guj)
Rajesh Balia, J.1. The following questions of law have been referred to this Court for its decision at the instance of CGT, Rajkot, relating to asst. yr. 1971-72 : '1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in coming to the conclusion that the assessee was entitled to the exemption under s. 5(1)(ix) in respect of the gift of life insurance policy valued at Rs. 9,921 to her minor son 2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law on its interpretation to s. 3(42) of the General Clauses Act 3. Whether, on the facts and in the circumstances of the case, the Tribunal was right in coming to the conclusion that the expression 'person' appearing in s. 5(1)(ix) included a female assessee 4. Whether, on the facts and in the circumstances of the case, the Tribunal was right in coming to the conclusion that the female assessee was entitled to exemption in respect of the gift of life insurance policy t...
Tag this Judgment!Manubhai Punamchand Upadhya and anr. Vs. Indian Railways and anr.
Court: Gujarat
Decided on: Sep-29-1995
Reported in: 1(1998)ACC39
J.N. Bhatt, J.1. A cry for justice of dejected and disheartened, unsuccessful and unfortunate parents, is echoed in this appeal, who lost only young earning son, in a Fatal Railway Accident, on ill-fated day of July 18 of 1981, and who also lost the legal battle for the compensation for the untimely and premature demise of their beloved only son.A conspectus of a few relevant and material facts leading to the rise of this appeal, needs narration, at the outset, which would unfold untold tragic scenario.2. The appellants are the original plaintiffs, who instituted Special Civil Suit No. 57 of 1983, in the Court of Civil Judge (S.D.), Mehsana, for compensation for the unfortunate and untimely demise of their only earning son, aged about 20, in a cruel Railway accident. Deceased Shailesh was travelling in a Delhi Mail train, proceeding from Ahmedabad towards Mehsana side, on the ill-fated day as a bona fide passenger.3. The tram accident occurred, on account of a derailment of train betwe...
Tag this Judgment!Ahmed Mohmad Hakim Vs. State of Gujarat
Court: Gujarat
Decided on: Sep-29-1995
Reported in: (1996)2GLR74
K.J. Vaidya, J.1. Ahmed Mohmad Hakim, by this appeal has brought under challenge, the impugned judgment and order dated 17-11-1990, rendered in Sessions Case No. 1 of 1988 passed by the learned Addl. Sessions Judge, Jamnagar, wherein, on his coming to be tried for the alleged offences punishable under Sections 21 and 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'N.D.P.S. Act') was, at the end of the trial, convicted for the same and sentenced to 10 years R.I. and pay fine of Rs. one lac, in default of fine to undergo further R.I. for 2 years.2. The prosecution case in brief, as it emerges from the evidence of P.W. 9 - Mr. George Jacob, Customs Inspector, Jamnagar, is to the effect that, on 3-2-1988, he received an information that on 4-2-1988, one person from South India was going to Bombay with some narcotic drugs by an afternoon train from Hapa. On the basis of this tip-off, after recording the information immediately he rushed to Hapa railway station in a ...
Tag this Judgment!Hasmukhlal Bhagwandas and ors. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Sep-29-1995
Reported in: (1996)1GLR365
B.C. Patel, J.1. By this petition, petitioners have prayed to quash and set aside the notifications issued under Sections 4 and 6, vide Annexures A and D under the provisions of the Land Acquisition Act.2. Petitioner Nos. 1 to 6 are the owners of a plot of land admeasuring 1,319 sq. metres of sub-plot Nos. 1 to 3 bearing Nondh No. 2,885/D situated in Ward No. 3, Surat. Petitioner Nos. 7 to 11 are claiming that they are the tenants of some of the shops constructed on that plot. Municipal Corporation of Surat forwarded a proposal to the State Government under Section 78 of the Bomaby Provincial Municipal Corporations Act, 1949, to acquire plot Nos. 1 to 3 for the purpose of constructing a shopping centre thereon. In exercise of powers under Section 4 of the Land Acquisition Act, the notification was published in Gujarat Government Gazette on September 6,1979, vide Annexure 'A' wherein it has been specifically mentioned that the lands specified in the Schedule are likely to be needed for ...
Tag this Judgment!Shakina Wife of FakruddIn Murshid Ahmed Vs. State of Gujarat
Court: Gujarat
Decided on: Sep-29-1995
Reported in: (1996)2GLR619
K.J. Vaidya, J.1. Shakina, by this Misc. Criminal Application under Section 389 of the Criminal Procedure Code, 1973, has moved this Court inter alia praying for releasing her husband - Fakruddin Murshid on temporary bail, who at present is undergoing 10 years' RI at Central Prison, Sabarmati, Ahmedabad, on his coming to be convicted for the alleged offences punishable under Sections 21, 28 and 29 of the N.D.P.S. Act, 1985, by the learned Additional Sessions Judge, Bulsar at Navsari, vide his judgment and order dated 2-6-1994, rendered in Sessions Case No. 75 of 1991. 2. For this, she has pressed into service two grounds, viz. firstly, that her only sen Hassan died on 24-9-1995 due to Leukemia (blood-cancer); and secondly, she as a result of the same is down and confined to bed shocked with grief and under serious illness. In support of these two grounds, the petitioner has also produced two medical certificates issued by Dr. Saifuddin, Medical Officer, Sagwada (Rajasthan).3. On 27-9-1...
Tag this Judgment!Zenith Processing Mills Vs. Commissioner of Income Tax
Court: Gujarat
Decided on: Sep-28-1995
Reported in: [1996]219ITR721(Guj)
Rajesh Balia, J.1. At the instance of the assessee, the Tribunal, Ahmedabad Bench-C referred following questions of law arising out of its order dt. 15th Sept., 1982 in ITA No. 1030/Ahd/81 for the asst. yr. 1976-77. '1. Whether, on the facts and circumstances of the case, the Tribunal was justified in holding that the assessee was not entitled to an opportunity to file the statutory audit report in the Form No. 10D in revisional proceedings before the CIT 2. Whether, on the facts and circumstances of the case, the Tribunal was justified in law in observing and/or holding that provisions of s. 80J(6A) were mandatory and not directory as claimed and pointed out by the assessee ?' We first take up question No. 2. The assessee is a firm. For the asst. yr. 1976-77 the ITO framed order on 22nd March, 1979. While framing the assessment the ITO allowed the assessee's claim for deduction in respect of profits and loss arising from its newly established undertaking. With effect from 1st April, 1...
Tag this Judgment!Manubhai Punamchand Upadhya and anr. Vs. Indian Railways and anr.
Court: Gujarat
Decided on: Sep-28-1995
Reported in: 1997ACJ1270; (1997)1GLR243
J.N. Bhatt, J.1. A cry for justice of dejected and disheartened, unsuccessful and unfortunate parents, is echoed in this appeal, who lost only young earning son, in a fatal railway accident, on ill-fated day of 18.7.1981 and who also lost the legal battle for compensation for the untimely and premature demise of their beloved only son.A conspectus of few relevant and material facts leading to the rise of this appeal, needs narration, at the outset, which would unfold the untold tragic scenario,2. The appellants are the original plaintiffs, who instituted Special Civil Suit No. 57 of 1983, in the Court of Civil Judge (S.D.), Mehsana, for compensation for the unfortunate and untimely demise of their only earning son, aged about 20, in a cruel railway accident. Deceased Shailesh was travelling in a Delhi Mail train, proceeding from Ahmedabad towards Mehsana, on the ill-fated day as a bona fide passenger.3. The train accident occurred on account of a derailment of train between Dangarva an...
Tag this Judgment!Nitinkumar Laxmidas and ors. Vs. Smt. Savitaben Pranshanker and ors.
Court: Gujarat
Decided on: Sep-28-1995
Reported in: (1996)1GLR560
S.D. Shah, J.1. Admit. Mr. N.N. Gandhi waives service of admission on behalf of Respondents No. 1, 4/1, 4/2 and 5. Rest of the respondents are ordered to be deleted from this Appeal From Order. With the consent of the learned Advocates appearing for the parties, the matter is finally heard today.2. In a suit for specific performance filed by appellants plaintiffs for an agreement to sale, they also applied for temporary injunction under Order 39 Rules 1 and 2 of of the Code of Civil Procedure restraining the defendants from dealing with the properties and also against the subsequent purchaser in whose favour sale deed is subsequently executed. It appears that the trial Court initially granted ex parte injunction, but after hearing the respondents defendants and after taking into consideration the various legal submissions raised in the written statement, found that injunction as prayed for could not be granted firstly because the agreement to sale dated 9th of November, 1992 was not re...
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