Gujarat Court September 1996 Judgments
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State of Gujarat Vs. Tandel Abu Osman and ors.
Court: Gujarat
Decided on: Sep-23-1996
Reported in: (1997)2GLR1617
A.N. Divecha, J.1. The judgment and order of acquittal passed by the Judicial Magistrate, First Class, at Porbandar on 11th January 1991 in Criminal Case No. 252 of 1990 is under challenge in this appeal under Section 378 of the Code of Criminal Procedure, 1973 (the Code for brief) by leave of this Court. By his impugned judgment and order, the learned trial Magistrate acquitted the respondents herein of the offences punishable under Section 14 read with Section 3 of the Foreigners Act, 1946 and Section 3 of the Passport Act, 1967.2. The facts giving rise to this appeal move in a narrow compass. During the course of patrolling, the Coast Guards of the Customs Department spotted one foreign ship. They suspected its containing some contraband gold and attempting to transfer that gold in India surreptitiously. The respondents were found in the ship. It is the case of the prosecution that gold was jettisoned by them. The foreign ship was brought to Porbandar. It appears that the Customs De...
Kacharabhai L. Limbachia Vs. Ratansinh J. Rathod-patelia and ors.
Court: Gujarat
Decided on: Sep-20-1996
Reported in: 1998ACJ326; (1997)3GLR227
B.C. Patel, J.1. The appellant owner of a tractor and a trolley and a trolley has preferred this appeal against the award dated 4.12.1993, made by the Motor Accidents Claims Tribunal, Panchmahals at Godhra, in M.A.C. Petition No. 213 of 1990. The claimants submitted an application, inter alia, contending that on 12.2.1990 the deceased Sureshbhai while working as a labourer was sitting in the trolley attached with tractor No. GUH 7809, which was driven by opponent No. 1 in the application. The deceased was thrown off from the trolley as the tractor was being driven at an excessive speed by the opponent No. 1, driver. The Tribunal after considering the evidence on record held that the claimants are entitled to recover an amount of Rs. 1,31,000/- by way of compensation together with interest at the rate of 15 per cent per annum from the date of application till its realisation. However, the Tribunal has further held that the liability of the insurance company is limited to the extent of R...
Jashbhai M. Patel Vs. Dhulabhai Lakhabhai
Court: Gujarat
Decided on: Sep-20-1996
Reported in: (1997)2GLR1196
S.K. Keshote, J.1. Heard learned Counsels for the parties. This Special Civil Application arises out of the proceedings under Section 32G of the Bombay Tenancy & Agricultural Lands Act, 1948 (hereinafter referred to as the 'Act 1948') initiated by the Mamlatdar and A.L.T., Borsad in respect of the land of Survey No. 215, admeasuring two acres, 29 gunthas, situated at village Umlav, Taluka Borsad, District Kaira.2. In those proceedings, the petitioner appeared before the Mamlatdar and A.L.T. and contended that the land in question was subject-matter of surrender proceedings before the said authority in Tenancy Case No. 576 of 1955 which has been decided on 19th March, 1956. In the said tenancy case, the Mamlatdar was pleased to pass the order of surrender after complying with the procedure laid down under the provisions of the Act 1948. That order of surrender has not been challenged by the respondent. In these proceedings, the Mamlatdar under its order dated 5-1-1980 held that surrende...
Narsing Raysing Rajput Vs. State of Gujarat
Court: Gujarat
Decided on: Sep-20-1996
Reported in: (1997)2GLR1586
D.G. Karia, J.1. Narsing Raysing Rajput, who was the Police Sub- Inspector of Gram Rakshak Dal (G.R.D.) at Bhuj, at the relevant time, on his being convicted for the offences under Sections 307 and 333 of the Indian Penal Code, has preferred the present appeal. The learned Assistant Sessions Judge, Kutchh at Bhuj, by his judgment and order under appeal, dated January 17, 1994, held the appellant-P.S.I. guilty for the offence under Section 307 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for eight years and imposed fine of Rs. 500/- in default to undergo rigorous imprisonment for one month. The learned Assistant Sessions Judge also found him guilty for the offence under Section 333 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 500/-, in default to undergo rigorous imprisonment for one month. The said order of conviction and sentence has been rendered by the learned Assistant Sessions Ju...
Rajendra M. Mavani Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Sep-19-1996
Reported in: (1997)3GLR2062
A.N. Divecha, J.1. The decision rendered by the Gujarat Revenue Tribunal at Ahmedabad (the Tribunal for convenience) on 17th April 1996 in Restoration Application No. TEN. D.S. 2 of 1996 is under challenge in this petition under Articles 226 and 227 of the Constitution of India. By its impugned decision, the Tribunal rejected the application for restoration of Revision Application No. TEN. B.S. 234 of 1990 rejected for default of appearance by its decision rendered on 1st November 1995.2. It is not necessary to set out in detail the facts giving rise to this petition. It is sufficient to note that the present petitioner preferred the aforesaid revisional application before the Tribunal and it came to be rejected for default of appearance by its decision rendered on 1st November 1995. Its copy is at Annexure A to this petition. The petitioner moved the Tribunal for its restoration to file. A copy of the application of the petitioner in that regard is at Annexure B to this petition. It c...
Surat Municipal Employees Staff Union Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Sep-19-1996
Reported in: (1997)2GLR1058
S.K. Keshote, J.1. Heard learned Counsels for the parties. The petitioner, Surat Municipal Employees' Staff Union, filed this writ petition before this Court and prayed for quashing and setting aside of the action of the Government in suspending the Resolution of the Surat Municipal Corporation being Resolution No. 280 dated 21st January, 1984. Under the Resolution No. 280 dated 21st January, 1984 on the recommendations of the Standing Committee's Resolution No. 1415 dated 28-10-1983 as well as on the basis of the recommendation of the Commissioner it was resolved that all the employees of the Surat Municipal Corporation and non-teaching staff of the School Board will be given time scale on the basis of the Resolution of the Baroda Municipal Corporation No. 222 dated 6th July, 1982 with effect from 1st April, 1984. The petitioner has not filed the copy of the order of the Government under which the Resolution No. 280 dated 21-1-1984 of the Corporation was ordered to be suspended. It is...
State of Gujarat Vs. Gordhanbhai Chandubhai Patel
Court: Gujarat
Decided on: Sep-18-1996
Reported in: (1997)3GLR1946
M.R. Calla, J.1. This Criminal Appeal is directed against the order dated 16th September, 1995 passed by the learned Judicial Magistrate, First Class, Kalol, Districl Panch Mahals in Criminal Case No 733 of 1991 whereby he has stopped the proceedings in the criminal case. The offences alleged in the criminal case were under Sections 380, 504, 506. 594 and 114 of the Indian Penal Code. When the matter came up before the Court on 19-8-1996 notice was issued to the respondents as to why leave may not be granted because it was argued by the learned Addl. Public Prosecutor who appeared on that day that the proceedings had been stopped under Section 258 of the Code of Criminal Procedure because the prosecution witnesses did not turn up and the Court's query was as to how the Appeal under Section 378 had been filed in the instant case because there was no order of acquittal passed by the learned Magistrate. In response to this notice Mrs. Subhadraben Patel had entered appearance on behalf of ...
Yogeshbhai D. Sheth Vs. Ahmedabad Municipal Corporation
Court: Gujarat
Decided on: Sep-13-1996
Reported in: (1996)3GLR416
K.R. Vyas, J.1. The appellants, in this group of three appeals, have challenged the orders dated 29th March 1996 below Exs. 5 and 6 in Civil Suit Nos. 4913 of 1995, 5105 of 1994 and 5106 of 1994 passed by the Auxiliary Chamber Judge, Court No. 18, City Civil Court, Ahmedabad, whereby the learned Judge has vacated the ad-interim injunctions granted earlier. Since the facts of these three appeals are common and the question of law involved therein is also common, they can conveniently be disposed of by this common order.2. In view of the fact that number of other suits are pending in the City Civil Court at Ahmedabad in respect of the same subject-matter, at the request of the learned Advocates for the parties, it was decided to hear these matters finally and the learned Advocates were heard at length.3. Civil Suit No. 4913 of 1995 has been filed by 13 shop-owners (hereinafter referred to as 'the occupiers') of the building known as Urvashi Tower, constructed on final plot No. 368 of T.P...
Sanjay Construction Co. Vs. Commissioner of Income Tax
Court: Gujarat
Decided on: Sep-12-1996
Reported in: [1997]225ITR693(Guj)
N.J. Pandya, J.1. At the instance of the assessee, the Tribunal, Ahmedabad Bench has referred the following three questions to this Court for the decision under s. 256 of the IT Act, 1961 : '1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the ITO was empowered to accept a belated application on submission of cause being shown only in the case when such application along with deed of partnership is filed within the end of the previous year in question 2. Whether the Tribunal was justified in law in interpreting the provisions of ss. 184(3), 184(4) and 184(5) and on arriving at the finding that the assessee was not entitled to get the delay condoned it having filed application in Form No. 11A on 30th July, 1977 with a new deed of partnership executed on 19th May, 1977 though made effective since 3rd March, 1977, both the dates falling beyond the end of the previous year which ended on 31st March, 1977 3. Whether, on the facts an...
Narvat @ Bhatti Rayajibhai Vs. State of Gujarat
Court: Gujarat
Decided on: Sep-12-1996
Reported in: (1997)1GLR698
M.R. Calla, J.1. This Appeal is directed against the conviction and sentence as awarded to the appellants in Sessions Case No. 63 of 1991 by the learned Addl. Sessions Judge, Godhra vide his judgment and order dated 17-1-1994 whereby the appellants have been held guilty of the offences punishable under Section 304 Part II read with Section 34 of the I.P.C. and each of them have been sentenced to 4 years R.I. and a fine of Rs. 500/- and in default to undergo one month's S.I.2. Briefly stated the case of the prosecution is that in the year 1990, thresher of Prabhatbhai Adabhai was brought on hire by the deceased Babubhai Nanabhai. On 12-9-1990 at about 8 O'clock in the morning deceased Babubhai with Kanubhai, Parvat and Bhala left for work at Kalol from Jhankharipura. While they were passing nearby flour mill of Jaswantbhai, the two accused-appellants, namely, Narvat Rayajibhai and Jethabhai Madabhai interrupted them. Narvat was having a stick and he started abusing Babubhai, raising a g...
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