Gujarat Court February 1996 Judgments
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K.M. Bhatt Vs. Regional Manager, Dena Bank and anr.
Court: Gujarat
Decided on: Feb-23-1996
Reported in: (1997)3GLR2495
C.K. Thakker, J.1. This petition is filed by the petitioner for an appropriate writ, direction or order quashing and setting aside a letter-cum-communication dated October 19, 1995, Annexure E to the petition, issued by the Inquiry Officer appointed by the Regional Manager, Dena Bank, Respondent No. 1 herein, by which an application of the petitioner dated October 17, 1995 to represent his case through an Advocate came to be rejected. A prayer is also made that the petitioner may be allowed to remain present and defend at the inquiry by taking assistance of a lawyer and the said inquiry can be proceeded only after supply of necessary documents as asked by him vide his letter October 17, 1995. Interim relief is also prayed not to proceed with the inquiry during the pendency of the petition. 2. After the notice was issued by this Court, the respondents appeared and an affidavit-in-reply is filed by one L. T. Upadhyay, Manager (Personnel), Bhuj Region of the respondent-Bank. 3. The case o...
Asfaq Rajak Patel Vs. K.U. Patel, Superintendent of Customs, Ahmedabad
Court: Gujarat
Decided on: Feb-22-1996
Reported in: 1996CriLJ3857; 1997(92)ELT37(Guj); (1998)1GLR81
ORDERRule. Mr. Sunil Patel, Addl. Standing Counsel, waives service of rule for Resp. No. 1 and Mr. K. C. Shah, learned A. P. P., waives service of rule for Resp. No. 2. 1. This is an application under Section 439(1) of the Criminal Procedure Code, 1973 ('Code' for short) by the petitioner, who is arrested in an offence, being registered as Customs F. No. VIII/10-20/AP/95. On being produced before Addl. Chief Metropolitan Magistrate, Ahmedabad, he was remanded to judicial custody. There also, an application was filed to release him on bail, being Criminal Misc. Application No. 21/95, and the same came to be rejected on 18-12-1995. Thereafter, the petitioner filed Criminal Misc. Application No. 3374/95 before learned Additional City Sessions Judge, Court No. 12, Ahmedabad, who also rejected the said application by his judgment and order dated 11-1-1996. Petitioner has now moved this court for releasing him on bail. 2. The petitioner is arrested on the allegation that on his landing at In...
State of Gujarat Vs. Narubhai Amrabhai Chunara Vaghri
Court: Gujarat
Decided on: Feb-22-1996
Reported in: 1997CriLJ3479; (1996)3GLR143
1. WHETHER an acquittal appeal filed by the State of Gujarat in the first instancc can be said to be ready for the purposes of the same being entlisted on the final hearing board, more particularly in cases wherein the respondent-accused is declared absconding by the Court under Section 82 of the Criminal Procedure Code' 1973, and no appearance has been filed on his behalf and further as the very off-shoot of the same, in the second instance, whether the said appeal can be heard and finally disposed of at the back or in absence of the said, absconding accused This in short are two questions of indeed quite great importance, which arise for consideration in the context and background of the following facts and circumstances of the instant ease.2. Stating succinctly, the respondent-Narubhai Amrabhai Chunara who came to be tried, vide Sessions Case No. 236/92 for the alleged offences punishable under Sections 367. 323 read with Section 34 of I.P.C. by the learned Additional Sessions Judge...
Himmat Pethabhai Vankar Vs. State of Gujarat
Court: Gujarat
Decided on: Feb-22-1996
Reported in: (1996)2GLR832
H.R. Shelat, J.1. The appellant came to be convicted of the offence under Section 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the N.D.P.S. Act'), and sentenced to R.I. for 10 years and a fine Rs. 1,00,000/-, in default further R.I. for one year more and also came to be convicted of the offence under Section 66(1)(b) of the Bombay Prohibition Act but no separate sentence thereof was inflicted by the then learned Additional City Sessions Judge, Ahmedabad in Sessions Case No. 129 of 1989, consequent upon which, present appeal has been preferred by the original accused.2. The facts in brief may be stated. P.S.I. Shri Dodia along with his other staff members was patrolling in Bhulabhai Park area, Ahmedabad on 22-1-1989 at 14-00 hours. When he reached near Karnavati Chowk, the informant informed him that one person was to pass riding over a scooter with narcotic drug, viz., charas or ganja. Hence he called panchas and deployed the pancha...
Kaushik T. Patel Vs. Gujarat Water Resources Development Corporation L ...
Court: Gujarat
Decided on: Feb-20-1996
Reported in: (1997)1GLR153
S.K. Keshote, J.1. Heard learned Counsel for the parties.2. The petitioner herein, Executive Engineer (Mechanical), Gujarat Water Resources Development Corporation Ltd. (hereinafter referred as the Corporation), challenging by this writ petition under Article 226 of the Constitution of India the order No. 5 of 1995 dated 16-12-1995 of the Managing Director of the Corporation placing him under suspension as per Rule 5 of the Gujarat Water Resources Development Corporation Ltd. Employees (Control and Appeal) Rules, 1964 (hereinafter referred as the Rules, 1964) with immediate effect. It is not in dispute that the petitioner has been placed under suspension as a disciplinary proceeding against him is contemplated. In this order it is mentioned 'Hence, it is decided to initiate departmental inquiry' and from these words it is clearly borne out that the suspension of the petitioner is ordered in exercise of the power as conferred under Rule 5 of the Rules, 1984 by the Managing Director of t...
Arvind Shivlal Soni Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Feb-20-1996
Reported in: (1997)1GLR92
S.M. Soni, J.1. This is an application for bail under Section 439 of the Code of Criminal Procedure, 1973 ('Code' for short). The petitioner is detained in judicial custody on the charge of the offences punishable under Sections 22, 23, 24 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('N.D.P.S. Act' for short) and under Sections 120-B and 120-A of the Indian Penal Code.Heard the learned Advocates.2. Learned Counsel Mr. Mehta appearing for the petitioner has raised a contention that in view of the judgment in the case of State of Punjab v. Balbirsingh : 1994CriLJ3702 , the information received by the officer concerned is not taken down in writing which vitiates the trial. He contended that in the instant case, the gist of the same is only taken down in writing by the officer concerned and not verbatim. He, therefore, contended that the case of the petitioner is fully covered under the judgment of Balbirsingh (supra), which is again confirmed by the Supreme Court in...
Durgaprasad P. Dash Vs. State Bank of Saurashtra and anr.
Court: Gujarat
Decided on: Feb-19-1996
Reported in: (1997)1GLR462
C.K. Thakker, J.1. This petition is filed by the petitioner for an appropriate writ, direction and/or order quashing and setting aside the resolution of the first respondent-State Bank of Saurashtra dated June 26, 1995 according sanction to prosecute the petitioner being illegal, ultra vires, unconstitutional and violative of his fundamental rights guaranteed under the Constitution of India. Interim relief is also prayed to stay and suspend the operation and implementation of the above resolution and to direct the first respondent to consider the case of the petitioner for promotion.2. It is the case of the petitioner that between June 1990 and May 1992, he was working as Chief Manager of the State Bank of Saurashtra-first respondent herein at Fort Branch, Bombay. Pursuant to the instructions received from the Central Office of the State Bank of India, the transactions dealt with by the Funds Management Cell during 1991-92 headed by one Mr. M.S. Shrinivasan were investigated and record...
Jivrambhai Kanjibhai Chaudhary Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Feb-19-1996
Reported in: (1996)3GLR326
S.K. Keshote, J.1. Heard the learned Counsels for the parties. In the writ petition, the prayer made by the petitioner is that the decision of the respondent No. 2 that the petitioner is liable to be retired from service on completion of his 58 years age be quashed and set aside and the respondents be directed to allow the petitioner to work till he completes 65 years of age. It is not in dispute that the date of birth of the petitioner is 31st August, 1925 and he attained the age of 58 years on 31st August, 1983. Even after attaining the age of 58 years, the petitioner was continued in the services on 14-1-1986. The management of the school where he was working passed the resolution to retire him from 31st August, 1983 and he was ordered to be relieved from the post on 31st January, 1986. The writ petition has been admitted on 30th January 1986 and this Court has ordered to maintain status quo. The petitioner has attained the age of 65 years also on 31st August, 1990. The learned Coun...
Commissioner of Income Tax Vs. Balubhai Nanubhai (Huf)
Court: Gujarat
Decided on: Feb-16-1996
Reported in: (1996)133CTR(Guj)298; [1996]220ITR334(Guj)
Rajesh Balia, J. 1. At the instance of CIT, Surat, the Tribunal, Ahmedabad 'B' Bench had referred the following question of law arising out of its appellate order dt. 20th April, 1982 in ITA No. 337/Ahd/81 for the asst. yr. 1974-75 : 'Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in coming to the conclusion that the share of Shri Nanubhai and Smt. Bai Mani in the property should be excluded for the purpose of computing the capital gains on the sale of the property ?' 2. We have heard the learned counsel for the Revenue. No one has appeared for the assessee in spite of service. 3. The dispute relates to the computation of income under the head capital gains in respect of sale of lands admeasuring 1200 sq. yards situated at Khetarpal Street, Malifalia, Surat for a sum of Rs. 74,000 during the previous year relevant to the asst. yr. 1974-75 in the hands of respondent assessee-HUF. The accounting period was stated to be ending on 31st March, 1974...
Urmilaben Mangalsinh Jadeja and anr. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Feb-16-1996
Reported in: (1996)3GLR328
R.K. Abichandani, J.1. The petitioners who are President and Vice-President of the Gondal Taluka Panchayat have preferred this petition challenging the order of the respondent No. 2 dated 18th October, 1995 confirmed by the State Government on 13-12-1995, by which it was ordered that the decision of the President taken on 27-7-1995 for adjourning the meeting was illegal and therefore, the proceedings which were taken at the said meeting by the majority members were valid and the Committees constituted pursuant to that, stood duly constituted. The President was warned against the lapse in discharging her duties as a President, for the future.2. It was strongly contended on behalf of the petitioners that the Minutes which were recorded for the meeting which took place on 27-7-1995, a copy of which is at Annexure 'D' to the petition, clearly discloses that there was chaos at the meeting and that the petitioner as a President was justified in adjourning the meeting. Reliance was placed on ...
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