Gujarat Court August 1996 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Patel Jivrajbhai Vithalbhai and anr. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Aug-19-1996
Reported in: (1997)1GLR8
N.J. Pandya, J.1. Both the matters relates to one and the same question as to the levy of octroi. It may be clarified from the beginning that the levy itself is not under challenge in either of the two petitions. What is under challenge is the attempt on the part of respondent No. 2, the Dhrangadhra Municipality to recover the octroi at enhanced rate by taking recourse to the power available to it under the Gujarat Municipalities Act. A specimen of the demand notice under Section 132(3) is annexed at page 23 of Special Civil Application No. 115 of 1987.2. The grievance made by the petitioners in both the matters is that the Revision made by the State Government in its order dated 8-7-1986 Annexure B page 15 cannot be brought into effect unless formalities as required under Section 103 are completed.3. Respondent No. 2-Municipality was permitted by the Director of Municipalities to revise octroi rates and the increased rates were to be brought into force from 1-1-1986. Though several it...
Bhimani Estate Private Ltd. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Aug-19-1996
Reported in: (1998)1GLR210
N.J. Pandya, J.1. The petitioner owns land in the urban agglomeration area of the city of Rajkot and is admittedly covered by the Urban Land (Ceiling & Regulation) Act, 1976 (hereinafter referred to as U.L.C. Act) at the time when the notification under Section 4 of the Land Acquisition Act (hereinafter referred to as the said Act) came to be issued on 28-1-1981. After filing form under Section 5 of the U.L.C. Act. the petitioner had also obtained exemption under Section 21 of the U.L.C. Act on 10-9-1980. After issuing the Notification under Section 4 of the said Act. Notification under Section 6 of the said Act was also issued on 16-3-1989.2. Several grounds were taken in the petition out of which only two grounds are pressed into service at the time of final hearing.3. The first one is that the Collector having issued Notification under Section 4 of the said Act, Notification as per Annexure-B page 25 was issued for hearing objections and completing the formalities under Section 5A o...
Patel Himat Mohanbhai Vs. State of Gujarat
Court: Gujarat
Decided on: Aug-19-1996
Reported in: (1996)3GLR593
S.D. Dave, J.1. Criminal Appeal No. 1344 of 1993 has been filed by the original accused No. 2, who has been convicted for the commission of the offence punishable under Section 201 I.P. Code. The Criminal Appeal No. 96 of 1994 has been filed by the original accused No. 1, who has been convicted for the commission of the offences punishable under Sections 302, 364, 404 and 201 1. P. Code. The Criminal Appeal No. 165 of 1994 has been filed by the State because they are aggrieved and dissatisfied with the orders of acquittal qua the original accused No. 2 of other offences for which the accused No. 1 has been found guilty. These three appeals, arising from one and the same judgment of conviction and sentence have been heard together and shall be decided and disposed of by the present orders under the common judgment.2. Two accused persons, namely, Nagjibhai Patel and Himatbhai Patel were tried for the alleged commission of the offence punishable under Sections 302, 364, 201 and 404 read w...
Rajkamal Enterprises Vs. Manubhai Bhikhubhai Mistry
Court: Gujarat
Decided on: Aug-19-1996
Reported in: (1997)1GLR848
J.N. Bhatt, J.1. Whether a tenant could be afforded statutory umbrella from being evicted on the ground of non-payment of rent due to financial crunch or monetary disability or non-availability of requisite fund, is the sole but interesting question which has come up for consideration and adjudication invoking correct interpretation and applicability of provisions of Section 12(3)(b) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 ('Bombay Rent Act' for short) in this revision under Section 29(2) of the Bombay Rent Act.2. The petitioners are the original defendants-tenants and respondents are the original plaintiffs-landlords. For the sake of convenience and brevity, they are hereinafter referred to as landlords and tenants. The suit shop No. 5 situated on the ground floor of building known as Vishwakarma Bhuvan situated on Halar Road, Valsad bearing Municipal Census No. 2334/A/2 ('demise premises' for short) came to be given on lease to the tenants on 1-2-1977 at ...
Welding Rods Mfg. Co. Vs. Commissioner of Income Tax
Court: Gujarat
Decided on: Aug-16-1996
Reported in: [1997]225ITR525(Guj)
S.D. Pandit, J. 1. The Tribunal has referred the following question to this Court at the instance of the assessee M/s. Welding Rods Manufacturing Co. under s. 256(1) of the IT Act, 1961 : 'Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in not allowing deduction of Rs. 5,18,237 claimed by the assessee in respect of the goods taken on loan by it from M/s. Ahura Welding Electrode Mfg. Co. Ltd., Coimbatore 2. The assessee is a firm which manufactures welding rods. For the said business the assessee firm obtained on loan basis raw material mainly wire rods from sister concern M/s. Ahura Welding Electrode Mfg. Co. Ltd., Coimbatore as the said raw material had become scarce. The said sister-concern of Coimbatore was unable to use its full quota of wire rods on account of cut of electricity in Tamil Nadu State. The loan agreement between the sister-concern and the assessee was that when required by them (sister-concern) the wire rods would be returned...
Mulchand Rughalal Baheti Vs. State of Gujarat
Court: Gujarat
Decided on: Aug-16-1996
Reported in: (1997)1GLR679
K.J. Vaidya, J.1. Original accused Mulchand Rughalal Baheti by this Misc. criminal Application under Section 482 of the Criminal Procedure Code, 1973, has moved this Court inter alia praying for quashing and setting aside the proceedings initiated against him by the learned Metropolitan Magistrate, 17th Court, Ahmedabad, pursuant to the complaint filed before it by the opponent Nobatram Chaudhari, for the alleged offences punishable under Section 420 of I.P. Code, which came to be registered as Criminal Case No. 1166 of 1985.2. When the matter was called out, the learned Advocate for the petitioner was absent. Despite the fact that Chopdar was sent, he was not available. Under the circumstances, with the assistance of learned A.P.P., Mr. S.T. Mehta, this Court has heard and decided this matter. this Court was required to do so because having once obtained the stay and thereby forestalled the proceeding, before the trial Court, right from the year 1985, the petitioner cannot be permitte...
G.S.R.T.C. Vs. Bhikhabhai Manjibhai
Court: Gujarat
Decided on: Aug-14-1996
Reported in: (1997)1GLR416; (1997)IILLJ425Guj
1. Being aggrieved by the award made by Labour Court, Rajkot in Ref. (LCR) No. 594 of 1981 (at Annexure 'A' to the petition) confirming the findings recorded by the Corporation that the Workman is guilty of the charges levelled against him but directing the Corporation to re-employ within one month from the publication of the award and to consider the appointment that may be made as a fresh appointment without giving any right of continuity of service or backwages, the Corporation has preferred this application. 2. Succinctly stated, the facts leading to the present petition, as it emerges from the memo of petition and the award of the Labour Court, are as under :- 2.1 The opponent at the relevant time was discharging his duties as a Conductor in a stage carriage bus of Gujarat State Road Transport Corporation which was plying on its route Mangrol - Bantya. The checking squad of the Corporation checked the bus at Khirasara at about 4.45 p.m. It was found that even though the opponent r...
Polotek Rubber Industries and ors. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Aug-14-1996
Reported in: (1997)2GLR1071
N.N. Mathur, J.1. This Special Civil Application has been filed against the order passed by the Gujarat State Co-operative Tribunal (for short 'the Tribunal') dated 10-7-1985 wherein it is held that every application for adjournment submitted before the Co-operative Tribunal or Board of Nominees shall be affixed with Court fees stamp of Rs. 0.65 paise and that there will be one relief in one application.2. In order to appreciate the controversy involved in this Special Civil Application, it would be appropriate to acquaint with the relevant provisions of Bombay Court Fees Act, 1950 Adopted by State of Gujarat by Adoption of Laws Order, 1959), and the Gujarat Co-operative Societies Act, 1961 and the Regulations made thereunder. The Bombay Court Fees Act, 1959 (for short the Act of 1959) has been enacted to consolidate and amend the law and fees taken in respect of certain matters in the State of Gujarat, other than fees falling under Entries 77 and 96 of List 1 in the Seventh Schedule t...
State of Gujarat Vs. Farukhbhai Ahmedbhai Shaikh
Court: Gujarat
Decided on: Aug-13-1996
Reported in: (1997)2GLR1400
K.J. Vaidya, J.1. These two appeals by the State of Gujarat, first one for the enhancement of the sentence against Farukbhai Ahmedbhai Shaikh, and second against an order of acquittal against Rajesh @ Raju and six others, arise out of the common judgment and order dated 29-10-1994, rendered in Atrocity Case No. 20 of 1993, by the learned Additional Sessions Judge, Vadodara, wherein all the respondents who came to be tried for the alleged offences punishable under Sections 341,354,452,376,143,149 of I.P.C., read with Sees. 3(xi) & (xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1985, and Sections 7(b)(d) and 10 of the Protection of Civil Rights Act, 1955, were at the end of the trial, so far as Faruk Ahmed Shaikh was concerned, he was convicted for the offences punishable under Sections 376 and 511 of I.P.C. and sentenced to suffer R.I. for one year and six months and in default, to undergo further R.I. for one month, while the rest of the other accuse...
Shaneelkumar S. Shah Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Aug-09-1996
Reported in: (1997)1GLR684
R. Balia, J.1. The petitioner is a citizen of India and a student of St. Xavier's School, Ahmedabad. He passed Secondary School Examination, i.e., 10th Std. which is a public examination conducted by the Board of Secondary Education established under Gujarat Secondary Education Act. It is the terminal examination of the first stage of the 10+2+3 scheme of imparting education adopted by the State of Gujarat and the next stage for pursuing further studies is plus 2 course as school education consisting of class 11 and 12 in different streams. The eligibility conditions for pursuing further studies in Commerce stream contained in Resolution No. EDS. 9176/55435-B, dated 19-6-1976 issued by the State of Gujarat stipulate that a student must be S.S.C. with English and Commercial Mathematics. The petitioner being eligible in terms of these qualifications sought promotion to class 11 and 12 in his parent school in Commerce stream. St. Xavier's School imparts education upto 10th Std. in English...
- ‹ Prev
- 1
- 3
- 4
- Next ›
- Last »