Gujarat Court December 1997 Judgments
Hasmukhbhai Motilal and anr. Vs. Anandiben W/O. Harilal Barot and anr.
Court: Gujarat
Decided on: Dec-26-1997
Reported in: AIR1998Guj118
ORDERS.K. Keshote, J.1. The matter was called out for hearing in the first round, second round and lastly in the third round. None put appearance on behalf of the parties.Perused the special civil application.The facts of the case are that the first respondent -- Anandiben, widow of Harilal -- filed civil suit No. 147 of 1975 in the Court of Civil Judge (J.D.) at Modasa for dissolution of a partnership firm constituted by, the petitioners and the respondents herein for the purpose of running cinema theatre known as Apsara Cinema. The aforesaid suit came to be dismissed by the trial Court on the ground that the partnership was itself illegal and void. Respondent No. 1 --plaintiff preferred appeal against the aforesaid judgment and decree, being Civil Appeal No. 45/ 79, in the Court of District Judge at Himatnagar. In the first appeal, respondents Nos. 1 and 2 filed consent terms under which respondent No. 2 agreed to pay a sum of Rs. 62,000/- to respondent No. 1 with interest in the man...
Tag this Judgment!Bharatkumar Maganlal Mochi Vs. State of Gujarat
Court: Gujarat
Decided on: Dec-26-1997
Reported in: (1999)2GLR1212
K.R. Vyas, J.1. The appellant-Bharatkumar Maganlal Mochi has filed this appeal challenging the judgment and order of conviction and sentence dated 26-9-1991 passed by the learned Additional Sessions Judge, Bhavnagar, in Sessions Case No. 127 of 1990, convicting him for the offences punishable under Sections 302, 376 and 363 of the Indian Penal Code and sentencing him to suffer R. I. for life for the offence under Section 302; R. I. for seven years and to pay a fine of Rs. 500/- in default to undergo further R. I. for six months for offence under Section 376, and R. I. for three years and to pay a fine of Rs. 250/- in default to undergo further R. I. for three months for offence under Section 363. The learned Judge has ordered the substantive sentences to run concurrently.2. The facts giving rise to the present appeal can briefly be summarised as under:The appellant, at the relevant time, was serving as an Apprentice Supervisor with Excel Industries Ltd., Bhavnagar. The appellant also u...
Tag this Judgment!U.P. Kangad Vs. Government of Gujarat and ors.
Court: Gujarat
Decided on: Dec-26-1997
Reported in: (1998)2GLR976
M.S. Shah, J.1. This petition under Article 226 of the Constitution is a public interest petition filed by the Mayor of the Rajkot Municipal Corporation making a grievance against interference by the Ministers of the State of Gujarat in due discharge of duties by the upright and responsible police officers like respondent No. 9-Shri Satish Varma and challenging the order of transfer of respondent No. 9 from Rajkot as illegal, mala fide and as a result of undue interference shown by respondent No. 4-Shri Vithalbhai Radadiya and respondent No. 5-Shri Popat Jinzaria, both Ministers of the State of Gujarat and also to direct the respondent Government to issue guidelines as to what extent the instructions of Ministers and/or M.L.As. be legitimately followed or passed on the civil servant and also for providing guidelines for channel for politicians and M.L.As. and Ministers for issuing instructions to the civil servants not belonging to their department.2. The petition filed by the first ci...
Tag this Judgment!Commissioner of Income Tax Vs. Atul Products Ltd.
Court: Gujarat
Decided on: Dec-24-1997
Reported in: [1998]232ITR646(Guj)
R.K. Abichandani, J.1. The Revenue had suggested the following question for our consideration under s. 256(2) of the IT Act, 1961 (hereinafter referred to as 'the said Act') and the statement of case was accordingly called for. 'Whether, on the facts and in the circumstances of the case, the Tribunal erred in law in holding that all the issues determined by the ITO under s. 154 of the IT Act, 1961 were of highly debatable nature and it cannot be said that the action of the ITO who originally framed the assessment was bad as it contained mistake apparent from record ?' 2. The relevant assessment year is 1971-72. The original assessment under s. 143(3) of the Act was made on 30th November, 1973. Thereafter, the ITO sent a letter dt. 6th August, 1976 to the assessee, stating that during the calender year 1970, the assessee was granted depreciation on additions instead of restricting it to the proportionate amount based on the number of days the additions to the machineries were used in th...
Tag this Judgment!Ahmedabad Electricity Co. Vs. Union of India (Uoi) and ors.
Court: Gujarat
Decided on: Dec-24-1997
Reported in: (1998)2GLR1035
C.K. Thakker, J.1. These two petitions are filed by Ahmedabad Electricity Company Ltd. ('Company' for short) and Gujarat Electricity Board ('Board' for short) respectively against Union of India and Railway authorities for an appropriate writ, direction and/or order quashing and setting aside certain decisions taken by the respondents by which the authorities sought to recover freight/charges for transporting coal to the petitioner Company/Board on the basis of higher rate of freight (wagon-load rate) being illegal, ultra vires and contrary to law. A prayer is also made for quashing and setting aside certain letters/orders/notifications by which such demand is made being ultra vires and unlawful. They have prayed that the respondent authorities be restrained permanently from demanding and from recovering freight charges at a higher rate.2. To consider and decide the questions raised in both the petitions, few relevant facts may now be stated.3. In the first petition, the case of the pe...
Tag this Judgment!Gujarat State Government College Laboratory Staff Association Vs. Stat ...
Court: Gujarat
Decided on: Dec-22-1997
Reported in: (1998)2GLR926
R.A. Mehta, J.1. The petitioners - Staff Union complains that in the matter of pay scales, the Laboratory Assistants working under the Directorate of Higher Education have been discriminated and paid lower pay scale compared to the Laboratory Assistants working in the Primary Teachers Training Colleges, and have prayed that the respondents should be directed to pay to these Laboratory Assistants the pay scale of Rs. 175-345 with effect from 1971, Rs. 350-600 from 1973, Rs. 1330-2400 from 1986 and all other consequential benefits like arrears of increments, pay fixation and interest.2. It is submitted that the Laboratory Assistants working under the Directorate of Education and those working in the Primary Teachers Training Colleges are identically and similarly situated and there cannot be any discrimination and denial of equal pay for equal work.3. These Laboratory Assistants are being paid the pay scale as per the pay scales recommended by different Pay Commissions, namely, Sarela Pa...
Tag this Judgment!Rajan Ratilal Patel Vs. Madhuriben Ramendrabhai Desai
Court: Gujarat
Decided on: Dec-22-1997
Reported in: (1998)3GLR1986
N.N. Mathur, J.1. Heard Mr. Shirish Joshi, learned Advocate for the petitioner and Mr. A.R. Majmudar, learned Advocate for the Caveator-respondent.This is a tenant's Revision under Section 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (for short 'the Act of 1947') against the order of the 6th Extra Asstt. Judge, Vadodara dated 16-9-1997 whereby the learned Judge confirmed the decree passed in R.C.S. No. 160 of 1989 passed by the learned Judge, Small Causes Court, Vadodara.2. The plaintiff-Madhuriben Desai filed a rent suit being R.C.S. No. 160 of 1989 in the Small Causes Court, Vadodara seeking decree for eviction on the ground under Section 13(i)(g) of the Act. Her husband who was serving in Godrej Company in Delhi since 1958, was provided residential accommodation by the company, but on retirement they have vacated the said premises of the company. Before retirement of her husband in the year 1988, she wrote a letter to the tenant stating that her husband...
Tag this Judgment!Shivam General Stores Through Lallubhai M. Gandhi Vs. State of Gujarat ...
Court: Gujarat
Decided on: Dec-22-1997
Reported in: (1998)2GLR932
C.K. Thakker, J.1. This petition is filed by the petitioners for quashing and setting aside notification Annexure-B issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') and notification Annexure-J issued under Section 6 of the Act being illegal, ultra vires, unconstitutional and violative of fundamental rights of the petitioners.2. It is the case of the petitioners that they were having a land bearing City Survey No. 3057/B admeasuring 83-61-30 sq. mtrs., and City Survey No. 3055 admeasuring 76-92-39 sq. mtrs., in Ward No. 4 in Salabatpura Main Road, Surat. A notification under Section 4 of the Act was issued on March 2, 1988 which was published in local newspapers on March 9, 1988 and March 12, 1988 respectively. It was published in Government Gazette on April 14, 1988. The factum of Section 4 notification was notified on the site on April 19, 1988. Objections were invited under Section 5A of the Act. Since the petitioners were of the opinion...
Tag this Judgment!Mohmadkhan Rasulkhan Pathan Vs. State of Gujarat
Court: Gujarat
Decided on: Dec-22-1997
Reported in: (1998)1GLR445
M.S. Parikh, J.1. The appellant Mohmadkhan (Mahmudkhan) Rasulkhan Pathan has brought under challenge his conviction under Section 20(b)(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (of short 'N.D.P.S. Act') and Section 66(l)(b) of the Bombay Prohibition Act, 1949 and his sentence of rigorous imprisonment for a period often years and fine in the sum of Rs. 1,00,000/-, in default to undergo rigorous imprisonment for one year rendered by the learned Additional City Sessions Judge, by his impugned judgment and order dated 4-1-1991 in Sessions Case No. 25 of 1990.2. It is the prosecution case that pursuant to secret information received by the complainant Mr. A.S. Saiyed, Inspector, Customs (Preventive), Ahmedabad on 22-8-1989 the proceedings were undertaken. Mr. Saiyed reduced the information into writing, placed it in a sealed cover and delivered the same to the Superintendent of Customs, Mr. P.D. Nair. Both of them then went to the Assistant Collector (Preventive) Mr. T...
Tag this Judgment!Gujarat State Financial Services Ltd. Vs. Amar Polyester Ltd.
Court: Gujarat
Decided on: Dec-19-1997
Reported in: (1998)1GLR731
S.D. Pandit, J.1. Affidavit-in-reply filed by the respondent is taken on record. Heard both the sides.2. This application is filed by Gujarat State Financial Services Ltd., a Government of Gujarat undertaking. By this application, the applicant is seeking revival and restoration of Company Petition No. 245 of 1996, disposed of on 12-8-1997, to the file and proceed further in the same.3. The applicant had filed Company Petiton No. 245 of 1996, against the respondent, Amar Polyester Ltd. on the allegations that the respondent-company was owing Rs. 46.94 lakhs to the applicant as the principal dues and further the amount of interest as per the agreement between the parties, executed before filing of the above Company Petition No. 245 of 1996. The applicant-company Gujarat State Financial Services Limited had filed two criminal cases against the respondent. One criminal case under Section 138 of Negotiable Instruments Act, during the pendency of that Company Petition, another complaint fil...
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