Gujarat Court February 1999 Judgments
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Jagdishchandra L. Oza and anr. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Feb-16-1999
Reported in: AIR1999Guj314
C.K. Thakkar, Actg., C.J. 1. This Special Civil Application was registered as a suo motu petition on a letter addressed to this Court. It was stated in the said letter that an exhibition of paintings by respondent No. 4, Mohsin Shaikh, was held on November 21,1998 at Ravishanker Raval Art Gallery, Ahmedabad. As per the said letter, the pictures exhibited in the said exhibition were pornographic and depicted naked human couple, which was obscene. The author of the letter, therefore, requested this Court to take appropriate actions against the painter and also against the respondent No. 2, Times of India, for reproduction of a picture in its Daily, 'Times of India'. 2. Notices were issued by this Court, pursuantto which the respondents appeared. Respondent No. 4 has filed an affidavit on December 12, 1998. In the said affidavit, he has stated that it was not correct to describe the exhibition as a pornographic show, as it is 'sought to be contended in the letter. The deponent has asserte...
Kantilal Gandalal Madhak Vs. Union of India (Uoi)
Court: Gujarat
Decided on: Feb-12-1999
Reported in: (1999)3GLR570
1. Admit. Mr. Shah waives service of notice of admission on behalf of the respondents. At the request of the learned advocates, appeal is taken up today for final hearing.2. The appellant, being aggrieved by an order passed by the learned Single Judge on 22nd June, 1998 in Special Civil Application No.5609 of 1985, has preferred this appeal.3. The short facts, as it emerges from the record, are as follows.The appellant, who was discharging his duties as Railway Protection Force Constable, was served with a show cause notice Annexure-A to the petition, dated 26th September, 1985, inter alia, alleging that the appellant was stationed at Veraval during the period 30/31-8-1985 and, during that period, he in collusion and active connivance with Shri Ganga Ram and Shivpal Singh abused his position and as a Railway servant failed in his duties to prevent the theft of steam coal committed at Veraval. The competent authority was satisfied that it was not reasonably practicable to hold an inquir...
Kumar G. Mehta Vs. Gujarat Housing Board and anr.
Court: Gujarat
Decided on: Feb-11-1999
Reported in: (1999)3GLR2372; (2000)IIILLJ487Guj
Kundan Singh, J.1. This petition has been filed on behalf of 10 persons mentioned in the list Annexure-A by the Safai Kamdar Sangh for a direction to the respondents to treat termination of the service of the persons mentioned in Annexure-A as illegal, unconstitutional and null and void and to treat their service as continued as if they were not terminated at all.2. The persons mentioned in Annexure-A were the employees of the Gujarat Housing Board-respondent No. 1. Nine persons out of 10 persons filed claim petition before the appropriate authority for their regularisation in service. The matter was referred to the Labour Court in Reference LCD No. 94 of 1980. The Labour Court after giving a reasonable opportunity to the parties concerned, rejected the demands No. 1 to 3 as not pressed and with regard to demand No. 4 the Gujarat Housing Board was directed to make permanent 9 persons by the order dated November 5, 1984. One Vashram Harji 10th employee was senior-most but could not be i...
Commissioner of Income Tax Vs. Ahmedabad Eagle Engg. Pvt. Ltd.
Court: Gujarat
Decided on: Feb-10-1999
Reported in: [1999]238ITR197(Guj)
J.N. Bhatt, J. 1. By this reference application, at the instance of the Revenue-applicant, the Tribunal has referred the following two questions for our opinion : '1. Whether, the net sales-tax collections of Rs. 2,40,513 are not taxable in the hands of the assessee, on the facts and in the circumstances of the case 2. Whether, on the facts and in the circumstances of the case, the net sales-tax collection of Rs. 2,40,513 (collection Rs. 3,79,070, payment Rs. 1,38,557) is not liable to be taxed as revenue receipt in the hands of the assessee for the assessment year in question ?' 2. The respondent-assessee was dealing in the business of manufacture and sale of steel furniture and other allied items. The assessee was, therefore, required to recover sales-tax on sales on behalf of the State and Central Government. The amount collected by way of sales-tax in all came to Rs. 3,79,070. The assessee in maintaining the accounts ignored the total collections as income and payment as expenditu...
Hiraben Wd/O Becharbhai Madhubhai Vs. Competent Authority and Addl. Co ...
Court: Gujarat
Decided on: Feb-10-1999
Reported in: (1999)2GLR394
M.S. Shah, J.Rule.1. Mr. Mankad, learned AGP waives service of Rule for respondents.2. With the consent of the learned Counsel for the parties the matter is taken up for final disposal today.3. In this petition under Articles 226 and 227 of the Constitution the petitioners have challenged the order dated 17-7-1998 passed by the competent authority and Addl. Collector ULC, Vadodara, rejecting the petitioners' application under Section 21(1) of the Urban Land Ceiling Act, 1976 (hereinafter referred to as the Act ) on the ground that the application was not filed within prescribed time limit.4. The facts leading to the filing of this petition, as averred by the petitioners, are :The petitioners are holders of certain lands in Vadodara agglomeration. In respect of land admeasuring 1860 sq. mts. of revenue survey No. 205 of village Tarsali, Vadodara, alongwith other lands of the petitioners in Survey Nos. 255 and 258/2 of village Tarsali, by order dated 12-2-1980 (Annex.B) the State Governm...
Jayaben J. Thakore Vs. State of Gujarat
Court: Gujarat
Decided on: Feb-10-1999
Reported in: (2000)GLR413
1. The petitioner is a teacher serving with respondent No.5 college administered by respondent No.4- Gujarat Law Society. According to the procedure of payment of dues to the persons employed by the colleges administered by respondent No.4, the concerned college collects the fees and other dues charged by it and are remitted to the State of Gujarat and in turn, submits bill of payment of its employees to the State Government which makes payment payable to the employees of the college. The petitioner, according to the date of superannuation completed 60 years on 31.1.1986. According to the Gujarat University rules to which the college was affiliated, a teacher completing the age of superannuation in the first session is to superannuate on 31st October and those superannuating in the later session retires on 14th June of the session. In the present case, the petitioner completed aged of 60 years on 14.1.1986,during the second session. Session during which the petitioner retired was exten...
Hussainmiya Alias Jago Razakmiya Qadri Vs. State of Gujarat
Court: Gujarat
Decided on: Feb-09-1999
Reported in: 1999CriLJ2401
D.C. Srivastava, J.1. In this writ petition under Article 226 of Constitution of India, prayer is made to issue a writ of certiorari for quashing the show cause notice Annexure.B, Externment Order Annexure.A and order of the Appellate Authority Annexure. C to the writ petition. Brief facts giving rise to the present writ petition are as under:A show cause notice Annexure-B under section 59 of the Bombay Police Act was issued to the petitioner by the Assistant Commissioner of Police(Eastern Division),Rajkot City, Rajkot to show cause as to why he should not be externed for a period of two years in view of his anti social activities reflected in two cases registered under various sections of the IPC and one under the Prohibition Act and further as shown by three witnesses who narrated about the activities of the petitioner in their confidential statement. The petitioner appeared, filed reply to the show cause notice and also examined witnesses in his defence. The externing authority, the...
Beck and Co. India Ltd., Ankleshwar Vs. S.J. Mehta
Court: Gujarat
Decided on: Feb-08-1999
Reported in: (2000)GLR143; (1999)IILLJ836Guj
R. Balia, J.1. Heard learned Counsel for the petitioner. No one appears for the respondent in spite of service, though reply on behalf of respondent has been filed. Perused the reply. The petitioner has challenged the order of the Labour Court, Bharuch dated November 12, 1997 by which the application of the present petitioner to lead evidence to justify the termination of the respondent in the reference pending before it has been rejected on the ground that demand at such a belated stage to lead evidence can be termed as delaying tactics and not bona fide and that the petitioner otherwise is not entitled to lead evidence to sustain termination of service of respondent, its employee. Respondent has raised objections that no charge-sheet has ever been served before terminating the service of the respondent, and the employer has not claimed the termination to be punitive. Therefore if the Tribunal holds the termination to be punitive but not termination simpliciter then now permitting the...
Mohammad Zuber Noormohmad Changwadia Vs. State of Gujarat
Court: Gujarat
Decided on: Feb-08-1999
Reported in: (2000)1GLR396.
K.R. Vyas, J.1. The appellant, who is a maulvi teaching Quran to the pupil, was charged for the offence punishable under Section 376 of the Indian Penal Code for having committed rape on a nine-year old girl named Sidiqua Mirmohmad. At the end of the trial, the learned Additional Sessions Judge, Banaskantha at Palanpur, vide his judgment and order dated 7-10-1995 in Sessions Case No. 123 of 1993 convicted him for the said offence and sentenced him to undergo R.I. for ten years and to pay a fine of Rs. 10,000/- in default to undergo further R.I. for three months. The appellant has challenged the said judgment and order of conviction and sentence.2. While admitting the appeal by a Division Bench of this Court on 23-11-1995, not only the bail was refused to the appellant but a notice for enhancement of sentence was also issued against him.3. The prosecutrix Sidiqua Mirmohmad, in her complaint, Ex. 63, taken down by P.S.I. Chhatrasinh Jadav (PW 10, Ex. 77), has stated that she is residing ...
Mohammad Zuber Noormohmad Changwadia Vs. State of Gujarat
Court: Gujarat
Decided on: Feb-05-1999
Reported in: 1999CriLJ3419; (2000)1GLR396
K.R. Vyas, J.1. The appellant, who is a maulvi teaching Quran to the pupil, was charged for the offence punishable under Section 376 of the Indian Penal Code for having committed rape on a nine year old girl named Sidiqua Mirmohmad. At the end of the trial, the learned Additional Sessions Judge, Banaskantha at Palanpur, vide his judgment and order dated 7-10-1995 in Sessions Case No. 123/93 convicted him for the said offence and sentenced him to undergo R.I. for ten years and to pay a fine of Rs.1,000/- indefault to undergo further R.I. for three months. The appellant has challenged the said judgment and order of conviction and sentence.2. While admitting the appeal by a Division Bench of this Court on 23-11-1995, not only the bail was refused to the appellant but a notice for enhancement of sentence was also issued against him.3. The prosecutrix Sidiqua Mirmohmad, in her complaint, Ex.63, taken down by PSI Chhatrasinh Jadav (PW 10, Ex.77), has stated that she is residing with her fath...
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