Gujarat Court December 1999 Judgments
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Pathubhai Vashrambhai Rajput Vs. Government of Gujarat Through the Sec ...
Court: Gujarat
Decided on: Dec-15-1999
Reported in: (2000)4GLR3512
A.R. Dave, J.1. Land admeasuring 15 acres, forming part of Survey No. 371, situated at village Merupar, Taluka Halvad, was ordered to be auctioned by the Collector, District Surendranagar, respondent No. 2 herein. The petitioner had participated at the said auction and he had offered Rs. 10,400/- per acre. The said offer was the highest. In spite of the said fact, sale in favour of the petitioner was not confirmed and by an order dated 10th October, 1997, respondent No. 2 had ordered that the proceedings of the said auction should be cancelled. Being aggrieved by the said order passed by respondent No. 2, the petitioner had approached respondent No. 1 by filing a revision application. The said revision application has been rejected by an order dated 5th February, 1999. Being aggrieved by the order dated 5th February, 1999 and order dated 10th October, 1997, passed by respondent No. 2, the petitioner has approached this Court, with a prayer that the said orders be quashed and set aside ...
Commissioner of Income-tax Vs. Harsiddh Construction (P) Ltd.
Court: Gujarat
Decided on: Dec-14-1999
Reported in: [2000]244ITR417(Guj)
ORDERBY THE COURT : 1. Under s. 256(2) of the IT Act, 1961, hereinafter referred to as 'the Act' the applicant has preferred this application against the order, dt. 6th February, 1999, passed by the Tribunal (hereinafter referred to as 'the Tribunal') rejecting the reference application under s. 256(1) of the Act filed by the applicant.' 2. The question sought to be referred to this Court reads as under : 'Whether the Tribunal is right in law and on the facts cancelling the penalty levied under s. 272A(2)(g) on the ground that if at all any breach was committed, it was only a technical default ?' 3. The short facts are as under : It is not disputed before us that the assessee deducted the amount of tax deducted at source hereinafter referred to as ('TDS') amounting to 510 (sic) within time as contemplated under s. 194C of the Act. It is not disputed before us that the amount deducted was deposited into the Government account and thus so far as the payment is concerned it is not dispute...
Thakkar Dharatiben Haribhai and ors. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Dec-14-1999
Reported in: AIR2000Guj114; (2000)2GLR1272
ORDERA.M. Kapadia, J.1. In these two petitions under Article 226 of the Constitution, petitioners who have applied for admission to the First Year Homeopathy course under the Centralised Admission System in the Homeopathy Colleges all over the State, have challenged;(a) the policy decision taken by the State Government vide Resolution dated 16-6-1999 with regard to the First Year Admission for the degree course in Homeopathy Medicines laying down the eligibility criteria for the aforementioned admission as being 50% marks in 12th standard (Science stream). (b) The additional requirement of passing Higher Secondary Examination (Science stream) with mathematics as one of the subjects with condition of 50% marks in Physics, Chemistry and Biology; (c) Petitioner of Spl.C.A. No. 6346/99 belongs to Baxi Panch and hence relaxation in the qualification must be granted to the petitioner; 2. Before highlighting the nature of the controversy posed for determination in this Spl.C.As few but releva...
Babubhai Ramjibhai Desai Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Dec-14-1999
Reported in: (2000)2GLR1752
A.M. Kapadia, J.1. By means of filing these petitions, petitioner of Special Civil Application No. 9026 of 1999, Babubhai Ramjibhai Desai, who is a member and Chairman of Nindroda Seva Sahakari Mandali Limited and representing Agricultural Constituency and petitioner of Special Civil Application No. 9027 of 1999, Akbarbhai Rahimbhai Momin, who is a member and member of Managing Committee of Samoda Seva Sahakari Mandali Limited and representing Agricultural Constituency, on the apprehension that the party in power in the State has registered certain new Co-operative Societies for the purpose of inclusion of the names of the members of the Managing Committee in the voters' list for the election of Agricultural Produce Market Committee, Siddhpur, have approached this Court for following relief:The Hon'ble Court be pleased to issue a writ of mandamus or writ in nature of mandamus or writ of prohibition or writ in nature of prohibition or any other appropriate writ, direction or order direc...
D.M. Gohil Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Dec-13-1999
Reported in: (2000)2GLR1574
C.K. Thakker, Actg. C.J.1. This appeal is filed against the summary dismissal of Special Civil Application No. 9527 of 1999. 2. Appellant was the original petitioner. He was prosecuted for offences punishable under the Prevention of Corruption Act, 1947. He was, however, acquitted by a Special Court. Being aggrieved and dissatisfied by the acquittal recorded by the trial Court, the State has filed Criminal Appeal No. 758 of 1994. The said appeal is already admitted by this Court and is pending for final hearing. 3. It appears that after the appellant was acquitted, an order of reinstatement was passed in his favour on September 6, 1995 - (Annexure 'C' to the petition). The appellant, in view of the acquittal recorded by the Special Judge was ordered to be reinstated on certain terms and conditions. One of the conditions provided that since a decision was taken to challenge the order of acquittal recorded by the trial Court by filing an appeal in the High Court of Gujarat, the appellant...
Jayanti Nenumel Ramnani Vs. Commissioner of Police
Court: Gujarat
Decided on: Dec-13-1999
Reported in: 2000CriLJ3192
A.L. Dave, J.1. The petitioner came to be detained under the provisions of the Gujarat Prevention of Anti Social Activities Act, 1985 (`PASA Act' for short) by virtue of an order passed by the Commissioner of Police, Rajkot City, Rajkot on 18th February, 1999, in exercise of power under section 3(1) of the PASA Act.2. In the grounds of detention, the detaining authority took into consideration an offence registered against the petitioner under secs.66(B), 65(A), 65(E), 116(B) and 81(3) of the Bombay Prohibition Act. The authority also took into consideration the two statements recorded by the sponsoring authority on 15th February, 1999, and came to a conclusion that the facts stated by the witnesses were correct and that they genuinely apprehended danger to their person and property from the petitioner. The authority, therefore, came to a conclusion that there was need for exercise of power under section 9(2) of the PASA Act, and claimed privilege by not disclosing the identity of thos...
New India Assurance Co. Ltd. Vs. Dhulaji Jivaji Thakore
Court: Gujarat
Decided on: Dec-10-1999
Reported in: II(2000)ACC180
Y.B. Bhatt J.1. This is an appeal under section 173 of the Motor Vehicles Act, 1988 at the instance of the Insurance Company, being opponent no.3 in Motor Accident Claim Petition No.964/92.2. The claimant in the said claim petition had claimed compensation and damages for injuries sustained, which was partly allowed by he Tribunal. It is this award which is the subject matter of the present appeal.3. Learned counsel for the appellant has first sought to contend that the case would be covered under the decision of the Supreme Court in the case of Smt. Mallawwa v. The Oriental Insurance Co. Ltd. reported at 1999 ACJ page 1 (=JT 1998(8) SC 217).3.1 There is no doubt that the said decision of the Supreme Court clearly lays down the principle, after interpreting section 95 of the Motor Vehicles Act, 1939, both before and after its amendment, that the person who is travelling in a goods vehicle either with his goods or without his goods would not be entitled to claim compensation as against ...
Sanghi Finance and Investments Limited Vs. Oil and Natural Gas Corpora ...
Court: Gujarat
Decided on: Dec-09-1999
Reported in: (2001)1GLR372
A.M. Kapadia, J. 1. Petitioner herein challenges the action on the part of the respondent -- Oil & Natural Gas Corporation Limited ('O.N.G.C.' for short hereinafter) of rejecting its technical bid with regard to Tender Notice No. WM/LGSTS/TPT/TC/5/1999 as being unjust and illegal.2. According to the petitioner, the Location Manager (Logistics) of O.N.G.C. issued tender notice No. WM/LGSTS/TPT/TC/5/1999 for hiring emergency jeeps for 24 hours duty. Sealed tenders in two bid system were invited by the respondent from reputed transport contractors/fleet owners for providing Mahindra & Mahindra Diesel Jeep Taxies of 1998 or later model for use within the limits of O.N.G.C. Mehsana at site and outstation duties. The tender forms were made available upto 27th September, 1999. The last date for submission of the tender was 28th September, 1999. The technical bids were to be opened on 28th September, 1999 at 15.00 hours. The petitioner had applied for the document and tender document bearing S...
Suresh Soma @ Dulo Harijan Vs. State of Gujarat
Court: Gujarat
Decided on: Dec-09-1999
Reported in: 2000CriLJ4877
A.L. Dave, J.1. The petitioner is an externee, who has been externed out of the territories of districts of Porbandar, Junagadh, Amreli, Rajkot City and Rajkot (Rural), by virtue of an order passed by Sub-Divisional Magistrate, Junagadh, on 24th April, 1998 for a period of two years, in exercise of powers under Section 56(b) of the Bombay Police Act, 1951.2. The petitioner was issued a notice as required under Section 59 of the Bombay Police Act on 9th February, 1998. The allegations were that he was involved in following offences :-The externing authority stated in the notice that the witnesses to the nefarious activities of the petitioner are not prepared to depose against him in public out of fear from him as to their person and property. In order to prevent him from continuing his nefarious activities, he is required to be externed not only from Junagadh district, but also from adjoining districts, so that he cannot continue his activities.2.1 After the above notice, externment pro...
Sangitaben Rasiklal Jaiswal Vs. Sanjaykumar Ratilal Jaiswal
Court: Gujarat
Decided on: Dec-09-1999
Reported in: I(2001)DMC19; (2000)3GLR297
S.K. Keshote, J.1. The wife, the petitioner herein, and the respondent in Hindu Marriage Petition No. 243 of 1996 (Old No. 111 of 1996) which was again renumbered as H.M.P. No. 209 of 1997 pending in the court of Civil Judge (S.D.) Mahesana challenges in this civil revision application the order passed by the court aforesaid below Ex. 5 dated 29th September, 1997 under which the court has granted her the interim maintenance at the rate of Rs.2000/= p.m. w.e.f. 5-10-1996 and Rs.1500/= towards special costs of the application.2. The husband respondent filed H.M.P. for divorce at Mahesana. It is not in dispute that the respondent husband is an employee and residing in territorial jurisdiction of the city of Baroda and marriage of the parties was solemnised at Hotel Surya Palace, a three star hotel in the city of Baroda on 9-5-1992 but still he has chosen to file this H.M.P. at Mahesana which prima-facie appears to be a deliberate attempt to harass this lady who is stationed at Vanadra, Ta...
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