Gujarat Court January 1997 Judgments
Dharmendrasing Dolubha Zala and ors. Vs. State Bank of Saurashtra and ...
Court: Gujarat
Decided on: Jan-16-1997
Reported in: [1998]91CompCas290(Guj); (1997)2GLR919
J.M. Panchal, J. 1. Mr. Sandip Bhatt, learned counsel, waives service of notice of rule on behalf of respondent No. 1. Ms. Harsha Devani, learned Assistant Government Pleader, waives service of notice of rule on behalf of respondents Nos. 2 and 3. At the request of learned counsel appearing for the parties, the petition is heard today. 2. By means of filing this petition under article 226 of the Constitution, the petitioners have prayed to declare the action of respondent No. 2 of prohibiting respondent No. 1-bank to pay any amount to the petitioners out of their accounts with the bank, as without jurisdiction, illegal, unjust and arbitrary. The petitioners have further prayed to direct the respondents to permit the petitioners to operate the bank accounts opened by them with respondent No. 1-bank. 3. Petitioner No. 1 is the father of petitioners Nos. 2 and 3. Petitioner No. 1 has opened a home savings account with State Bank of Saurashtra, Sardar Bazar Branch, Rajkot. The petitioners ...
Tag this Judgment!Gujarat State Fertilizers and Chemicals Ltd. Vs. Dy. Commissioner of I ...
Court: Gujarat
Decided on: Jan-16-1997
Reported in: [1997]226ITR270(Guj)
R.K. Abichandani, J. 1. The learned counsel appearing for the respondent waives service of Rule and the matter is taken up for final disposal at the request of both the sides. 2. The petitioner challenges the order made under S. 220(6) of the IT Act, 1961 which is at Annexure 'F' by which it was held that the assessee may not be treated as in default within the meaning of S. 220(6) in case the condition imposed under the order was fulfilled and no coercive measures as provided will be taken to recover the balance demand, until disposal of the appeal. 3. An order was made under S. 143(3) of the Act on 31st March, 1995 raising a demand of Rs. 52,03,43,426 of which according to the Department, an amount of Rs. 43,77,21,488 was outstanding and the assessee was therefore, asked to pay the demand immediately. Thereafter, an application was made under sub-s. (6) of S. 220 for not treating the assessee in default in respect of the amount in dispute as long as the appeal remained undisposed of....
Tag this Judgment!Ratansinh Sodansinh Sisidia Vs. Union of India
Court: Gujarat
Decided on: Jan-16-1997
Reported in: (1997)3GLR2215
J.N. Bhatt, J. 1. The challenge in this petition under Art. 227 of the Constitution of India is against the order and award passed by the Industrial Tribunal on 13-9-1992 in Reference (I.T.C.) No. 44 of 1991 whereby the petitioner-workman is awarded compensation of Rs. 50,000/- for dismissal which came to be recorded by Employer, the Western Railway, Union of India after holding a domestic inquiry against the petitioner. The petitioner was working as a fitter with the respondent-railway. In view of an incident which occurred on 16-12-1986, a departmental inquiry was instituted against the petitioner for serious misconduct, misbehaviour and attempting physical assault on a superior officer. 2. It was alleged against the petitioner in the domestic inquiry that on 16-12-1986, while he was working as a pipe fitter, in the morning at about 9 O'clock, he entered into that office of the superior officer Mr. B. L. Kapadia and at that time, other two officers, viz., Mr. B. L. Keshavlal and Kaus...
Tag this Judgment!Zoroastrian Co-operative Housing Society Ltd. and anr. Vs. District Re ...
Court: Gujarat
Decided on: Jan-16-1997
Reported in: AIR1997Guj136; (1997)1GLR602
ORDERM.S. Parikh, J. 1. The petitioner No. 1, a Co-operative Housing Society registered underthe Bombay Co-operative Societies Act,1955, and petitioner No. 2 a member and thePresident of the petitioner No. 1 -Society haveinvoked extraordinary jurisdiction of thisCourt under Article 226 as also under Article 227 ofthe Constitution of India seeking followingreliefs:-- '(A) ... be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction quashing the directions of the 1st respondent vide letters dated 2-5-1995 at Annexure-N hereto and 16-8-1995 at Annexure-D hereto. (B) ... be pleased to issue a writ of certiorari or a writ in, the nature of certiorari or any other appropriate order or direction quashing and setting aside the orders dated 28-5-1996 of the learned nominee at Annexure-K hereto and that of the Tribunal dated 8-8-1996 at Annexure-L hereto and be pleased to further restrain the respondent Nos. 2 and 3 and/or thei...
Tag this Judgment!State of Gujarat Vs. Ganeshbhai Chamnaji Raval and anr.
Court: Gujarat
Decided on: Jan-16-1997
Reported in: 1997CriLJ3073; (1997)2GLR479
A.N. Divecha, J.1. The judgment and order of acquittal passedby the learned Judicial Magistrate, First Class, at Radhanpur on 14th March, 1989 in Criminal Case No. 265 of 1988 is under challenge in this appeal by leave of this Court under Section 378 of the Code of Criminal Procedure, 1973 (the Code for brief). Thereby, the learned trial Magistrate acquitted the respondents herein of the offence punishable under Section 16 read with Section 7 of the Prevention of Food Adulteration Act, 1954 (the Act for brief).2. The facts giving rise to this appeal move in a narrow compass. The Food Inspector of the District of Banaskantha went to one Sarvottam Restaurant at Radhanpur at about 12.00 noon on 18th January, 1988. Respondent-accused No. 1 was in charge of the restaurant, presumably as a servant, and respondent-accused No. 2 was its owner. The Food Inspector, in presence of two Panch witnesses, purchased from respondent-accused No. 1 a sample of curd to the tune of 600 gms. The former divi...
Tag this Judgment!Gujarat State Fertilizers and Chemicals Ltd. Vs. Dy. Commissioner of I ...
Court: Gujarat
Decided on: Jan-16-1997
Reported in: (1997)139CTR(Guj)548
R.K. ABICHANDANI, J. :The learned counsel appearing for the respondent waives service of Rule and the matter is taken up for final disposal at the request of both the sides.2. The petitioner challenges the order made under S. 220(6) of the IT Act, 1961 which is at Annexure 'F' by which it was held that the assessee may not be treated as in default within the meaning of S. 220(6) in case the condition imposed under the order was fulfilled and no coercive measures as provided will be taken to recover the balance demand, until disposal of the appeal.3. An order was made under S. 143(3) of the Act on 31st March, 1995 raising a demand of Rs. 52,03,43,426 of which according to the Department, an amount of Rs. 43,77,21,488 was outstanding and the assessee was therefore, asked to pay the demand immediately. Thereafter, an application was made under sub-s. (6) of S. 220 for not treating the assessee in default in respect of the amount in dispute as long as the appeal remained undisposed of. Acc...
Tag this Judgment!Sagrambhai Nagibhai Bharwad and ors. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Jan-16-1997
Reported in: (1998)1GLR205
R.M. Doshit, J.1. This petition under Article 226 of the Constitution of India has been preferred by six convicts, who have been sentenced to undergo Rigorous Imprisonment for three years and a fine, claiming remission to the extent of 1 month and 15 days under the Government Circular dated 20th July, 1995.2. Petitioners and others were tried for an offence alleged to have committed under Sections 302, 326, 325, 324 read with Sections 147, 148 and 149 of the Indian Penal Code. The petitioners were acquitted by the learned Sessions Judge in Sessions Case No. 118 of 1981. Said order of acquittal was reversed in Criminal Appeal No. 584 of 1982 by this Court and under order dated 10th March, 1989, the petitioners were convicted for an offence committed under Section 326 read with Section 140 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for a period of three years and fine of Rs. 3,000/- each. Said order of conviction was challenged by the petitioners before ...
Tag this Judgment!P.B. Textiles Pvt. Ltd. Vs. Gujarat Industrial Development Corporation
Court: Gujarat
Decided on: Jan-16-1997
Reported in: (1997)1GLR624
S.K. Keshote, J.1. As the parties to these three matters are common and the matters arise from the dispute regarding same plot, and proceed on the same facts and grounds, they are being disposed of by this common judgment.2. The disputed plot is Plot No. 150 admeasuring 3,875 sq.mts. situate in G.I.D.C. Estate, Ankleshwar. This plot was originally granted by Gujarat Industrial Development Corporation (G.I.D.C.) to M/s. Eslon Synthetics Industries ('Eslon' for short) on 99 years' lease as per lease deed dated 29th January, 1976. Eslon raised various loans from Bank of Baroda and as security thereof they created mortgage by deposit of title deeds of Plot No. 150 along with the superstructure erected thereon with the Bank. Eslon failed to pay the dues of the Bank of Baroda in the sum of Rs. 21,89,493.59 Ps. Bank of Baroda ('B.O.B.') filed Special Civil Suit No. 5 of 1979 in the Court of Civil Judge (S.D.), Bharuch for recovery of the said dues and for declaration that the properties menti...
Tag this Judgment!Koli Gomiben Shyamji Vs. Koli Laxman Premji and anr.
Court: Gujarat
Decided on: Jan-15-1997
Reported in: II(1997)DMC474
R.M. Doshit, J.1. This petition is preferred by a divorced woman who hasbeen denied maintenance under Sec. 125 of the Code of Criminal Procedure.2. Petitioner preferred Misc. Criminal Application No. 738 of 1986 under Sec.125 of the Code of Criminal Procedure, 1973 before the learned Judicial Magistrate,First Class, Jamnagar claiming maintenance from her former husband-respondentNo. 1 herein. Petitioner was married to respondent No. 1 some ten years earlier andshe had given birth to a daughter during the subsistence of the said marriage.However, in view of the ill-treatment, the petitioner went to reside with her parentsand the custody of the daughter was retained by respondent No. 1. Respondent No.1 filed Hindu Marriage Petition No. 18 of 1979 for restitution of conjugal rightswhich was decreed on 16th March, 1981. Inspite of the said decree, same was notcomplied with by the petitioner. Respondent No. 1, therefore, preferred HinduMarriage Petition No. 29 of 1983 for divorce which was ...
Tag this Judgment!Santoshi T.V. Centre Vs. Arvind Mills Ltd. (Electronics Division)
Court: Gujarat
Decided on: Jan-15-1997
Reported in: (1997)1GLR510
R.R. Jain, J.1. Rule. Mr. J. R. Shah, Advocate, waives service of Rule.The petitioner is original defendant against whom Summary Suit No. 5286 of 1992 for recovery of Rs. 71,156.25 with running interest at the rate of 12% per annum on the principal sum of Rs. 55,650/- was filed by the respondent/original plaintiff in the City Civil Court at Ahmedabad. Summons of the suit was served upon husband of petitioner on 4-1-1993. As the petitioner did not enter appearance within ten days of service, the respondent/plaintiff moved an application for passing ex-parte decree. The learned Chamber Judge was pleased to pass ex-parte decree in terms of relief claimed, on 2-7-1993. From the record it also transpires that since the petitioner resides in Nasik in Maharashtra State, the decree was transferred to the Court at Nasik for execution and Darkhast Proceedings No. 172 of 1995 were initiated. The notice of Darkhast was also served upon the petitioner on 9-2-1995. The petitioner entered her appeara...
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