Gujarat Court February 1997 Judgments
Union Bank of India Vs. Kamlesh G. Shah
Court: Gujarat
Decided on: Feb-11-1997
Reported in: (1997)2GLR217
R.A. Mehta, A.C.J.1. Admit. With the consent of the learned Advocates for the parties, the matter is finally heard. 2. The respondent-workman was dismissed from service of the appellant Nationalised Bank because of the misconduct and using filthy language against superior officer of the Bank in the bank premises during the banking hours. The Central Industrial Tribunal held that misconduct was established. However, the Tribunal further held that punishment of dismissal was disproportionately harsh and amounting to victimisation. The Tribunal also observed that 'No doubt the workman hurled on abuses which conveyed very obscene, insulting and had meaning. But the abuse is so common place that many persons use it by force of habit without either understanding the meaning thereof or without any intention to convey the real meaning of the abuse. It is also pertinent to note that the workman gave that abuse while expressing his righteous indignation at the mistake in the calculations of matu...
Tag this Judgment!Kantilal Mohanbhai Bhagat Vs. Pratimaben Kantilal Bhagat
Court: Gujarat
Decided on: Feb-11-1997
Reported in: I(1997)DMC483
M.H. Kadri, J.1. Appellant who is the original petitioner husband has filed this appeal under Section 28 of the Hindu Marriage Act, 1955 (for be referred to as 'the Act') read with Section 96 of the Code of Civil Procedure challenging the judgment and decree dated 28.2.1994 passed by the learned City Civil Judge, Court No. 8, Ahmedabad in HMP No. 291/89, whereby the learned Judge dismissed me petition of the appellant-husband for divorce which was filed under Section 13 of the Act.2. The appeal was admitted on 11.10.1995.3. Respondent-wife had filed a private Complaint before the learned Metropolitan Magistrate, Court No. 3, Ahmedabad, against the appellant for offences punishable under Sections 494 and 114 of the I.P. Code which was numbered as Criminal Case No. 1596 of 1983. In that criminal case, the appellant and one Chetna were honourably acquitted by the learned Magistrate, against which, the respondent-wife had filed acquittal appeal before this Court being Criminal Appeal No. 9...
Tag this Judgment!State of Gujarat Vs. Babu Rava Koli
Court: Gujarat
Decided on: Feb-06-1997
Reported in: 1998CriLJ1260; (1997)2GLR570
K.J. Vaidya, J.1. This appeal by the State of Gujarat is directed against the impugned judgment and order dated 11 -2-1995, rendered in Sessions Case No. 68/84 by the learned Additional Sessions Judge, Kutch at Bhuj, wherein Babu Rava Koli, who came to be tried for the alleged offences punishable under Sections 302 and 504 of IPC, was at the end of the trial, came to be acquitted.2. To briefly narrate the prosecution case, the incident in question where Mongibai Manji and her son Harji Kesha were sworded to death by Babu Rava Koli took place on 13-5-1984 at 12-00 noon in the market of Rapar. This incident was eye-witnessed by three witnesses viz. (1) PW-4 Moti Bhura; (2) PW-5 Premji Valji; and (3) PW-7 Vaghji Karsan, who had incidentally their shops nearby the scene of the incident. It further appears that somebody (not examined) from Ravechi Transport Co., Rapar, informed the police about the alleged incident which was entered as 'Janva Jog Entry' at 12-00 Noon, which is brought on th...
Tag this Judgment!State of Gujarat Vs. Lakshman Mangaji Mena
Court: Gujarat
Decided on: Feb-06-1997
Reported in: 1998CriLJ2161
K.J. Vaidya, J.1. This appeal by the State of Gujarat is directed against the impugned judgment and order dated 27th December, 1989, rendered in Criminal Case No. 1501 of 1989, passed by the learned Metropolitan Magistrate, Court No. 7, Ahmedabad, wherein the respondent Lakshman Mangaji Mena, on his pleading guilty came to be convicted for the alleged offences punishable under Sections 304-A, 279, 337, 338 of IPC read with Sec. 112 and 116 of Motor Vehicles Act, and sentenced till rising of Court and to pay fine of Rs. 1,000/= i.d to undergo s.i for 30 days for each offence.2. To briefly narrate the prosecution case, the incident in question took place on 27th April, 1989 wherein Lakhsham Mangaji Mena while driving Luxury Bus No. GRM-2968 on Lambha-Bakaria road caused death of one Atulbhai and also injured four others who were travelling in auto-ricksaw bearing No. GRX-1565. The collision was due to rash and negligent driving on the part of respondent-accused is prima facie evident by ...
Tag this Judgment!Lalubha Keshrisinh Garasia Vs. State of Gujarat
Court: Gujarat
Decided on: Feb-06-1997
Reported in: (1997)3GLR2568
N.J. Pandya, J.1. All the three appeals arise out of a judgment given in Special Case No. 29 of 1991 of the Court of learned Sessions Judge, Surendranagar which came to be tried by him as a Special Judge in his charge as The Scheduled Castes attd Scheduled Tribes (Prevention of Atrocities) Act, 1989 was involved. The main charge, no doubt, was under Section 302 of I.P.C. read with Section 34 as also under Section 307 read with Section 34 of the I.P.C.2. The incident happened on 29-4-1991 at about 11-30 a.m. in Malar Chowk area of Surendranagar town. The prosecution witnesses and the victim of the crime all belonged to Harijan community and the accused are either Muli or Rajputs. They are armed with weapons like Dharia, stick, sword etc. and at the aforesaid place and time they assaulted the prosecution witnesses, one of whom died and another received serious injuries. The surviving injured witnesses are Jairambhai Valabhai and Jethabhai Valabhai. The person lost life is Khushal Manji. ...
Tag this Judgment!Prabhubhai Vastabhai Patel Vs. R.P. Meena
Court: Gujarat
Decided on: Feb-05-1997
Reported in: (1997)139CTR(Guj)428; [1997]226ITR781(Guj)
R.M. Doshit, J. 1. The matter at dispute in this group of petitions is seizure of gold weighing 50 kgs brought in this country by these 10 Writ Petitioners from a foreign country [hereinafter referred to as 'the gold']. 2. Since the matter centres around the gold, an object of universal avarice, searched and seized by the IT authorities we shall first discuss the law pertaining to search and seizure under the IT Act. Section 132 of the IT Act, 1961 (hereinafter referred to as 'the Act') empowers the Director General or Director or the Chief CIT or the Dy. CIT as may be empowered in this behalf by the Board, inter alia where he has reason to believe that any person is in possession of any money, bullion, jewellery or other valuable article or thing and such money, bullion, jewellery or other valuable article or thing represents either wholly or partly income or property which has not been, or would not be, disclosed for the purposes of the Act, to enter any building or place where he ha...
Tag this Judgment!Commissioner of Income-tax Vs. Saraspur Mills Ltd.
Court: Gujarat
Decided on: Feb-05-1997
Reported in: [2002]254ITR522(Guj)
R. Balia, J.1. On the application of the Commissioner of Income-tax under Section 256(1) of the Income-tax Act, 1961, the following two questions of law arising out of its order in I. T. A. No. 835 of 1982, for the assessment year 1980-81 have been referred to this court for its opinion along with the statement of the case :'1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in coming to the conclusion that the cash payment of house rent allowance did not form part of salary for the purpose of Section 40A(5) of the Income-tax Act, 1961 ?2. Whether, on the facts and in the circumstance of the case, the Tribunal was right in law in allowing extra shift allowance on exhaust fans forming part of textile machinery notwithstanding the fact that item No. III(iv) of Appendix-I of the Income-tax Rules, 1962, specifying rates of depreciation specifically excluded fan installations from E. S. A. ?'The assessee is a company. It paid by way of cash house re...
Tag this Judgment!Cit Vs. Saraspur Mills Ltd.
Court: Gujarat
Decided on: Feb-05-1997
Reported in: [2003]126TAXMAN460(Guj)
Rajesh Balia, J.On the application of the Commissioner under section 256(1) of the Income Tax Act, 1961 (hereinafter referred to as the Act), following two questions of law arising out of its order in IT Appeal No. 835 of 1982 for the assessment year 1980-81 have been referred to this court for its opinion along with the statement of the case :'1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in coming to the conclusion that the cash payment of house rent allowance did not form part of salary for the purpose of section 40A(5) of Income Tax Act, 1961 ?2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in allowing extra-shift allowance on exhaust fans forming part of textile machinery notwithstanding the fact that item III(iv) of Appendix-I of the Income Tax Rules, 1962 specifying rates of depreciation specifically excluded fan installations from E.S.A.?'2. The assessee is a company. It paid by way of c...
Tag this Judgment!Kanulal Krishnalal Trivedi Vs. Karanlal Krishnalal Trivedi
Court: Gujarat
Decided on: Feb-05-1997
Reported in: (1997)3GLR1948
R.R. Jain, J.1. Rule. Mr. S.M. Shah and Mr. A.J. Patel waive service of Rule on behalf of respondent Nos. 1 and 2(1) and 2(2) respectively.2. This application is filed by original defendant No. 1 in Special Civil Suit No. 174 of 1995 against the order dated 6-11-1996 passed below Ex. 9 by the learned Civil Judge (S.D.), Bhavnagar, by which instead of staying subsequently instituted suit, ordered amalgamation with the previously instituted suit for disposal by common trial. In short, application under Section 10 of the Civil Procedure Code (hereinafter referred to as 'the Code' for conveience and brevity) for staying subsequently instituted suit was rejected by the Court.3. Mr. Desai for the petitioner has argued very forcefully that provisions of Section 10 of the Code are mandatory and if a case is squarely made out to be covered under Section 10 of the Code then recourse cannot be taken to inherent powers under Section 151 of the Code and pass some other order. As against that Mr. Sh...
Tag this Judgment!Sandhya Organic Chemicals P. Ltd. and ors. Vs. United Phosphorous Ltd. ...
Court: Gujarat
Decided on: Feb-04-1997
Reported in: AIR1997Guj177
K.R. Vyas, J.1. Admit.2. With the consent of the learned Advocates, these appeals were taken up for final hearing.3. The appellants in both these appeals are original defendants Nos. 1 and 2 and No. 3, respectively, (hereinafter referred to as 'the defendants Nos. 1, 2, and 3') and the respondent No. 1 in both these appeals is the original plaintiff (hereinafter referred to as 'the plaintiff') in Civil Suit No. 161 of 1996 pending on the file of the Court of the learned Civil Judge (S.D.), Valsad.4. In the suit, the plaintiffs has claimed that it has invented a new process for manufacturing Aluminium Phosphide ('AIP' for short) and Zinc Phosphide ('ZnP' for short) by substituting while/ yellow phosphorous for red phosphorous by conducting trial, experiment and research for a long period and is, therefore, entitled to a declaration that the plaintiff is exclusively entitled to the right, like to and interest in the new process invented by it and also for a permanent injunction against t...
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