Gujarat Court March 1999 Judgments
Sheth Enterprises Pvt. Ltd. and anr. Vs. Commissioner of Customs and a ...
Court: Gujarat
Decided on: Mar-31-1999
Reported in: 1999(66)ECC545; 2000(115)ELT53(Guj); (2000)1GLR8
1. Rule. At the request of the learned Advocates, the matter is taken up for final disposal. The petitioner initially filed this petition inter alia praying for issuance of a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction quashing and setting aside, Annexure-'E' dated 21.12.1998, the decision of the first respondent rejecting the declaration and application of the petitioner under the KAR VIVAD SAMADHAN SCHEME, 1998 [hereinafter (referred) to as the 'Scheme']. The petitioner further prayed to direct the first respondent to dispose of the application under the provisions of the scheme. 2. The appeal preferred against the order passed by the adjudicating authority was dismissed as time barred on 9.12.1998, intimation of which was received by petitioner on 18.2.1999. Later on by amendment, the petitioner prayed to quash and set aside the order dated 9th December, 1998 - Annexure-G passed by the second respondent dismissing the appeal...
Tag this Judgment!State of Gujarat Vs. Satishchandra Balashanker Vora
Court: Gujarat
Decided on: Mar-31-1999
Reported in: (2000)GLR179
ORDER:After the pronouncement of the judgment, on behalf of the State, Mr. P.G. Desai, learned Government Pleader requested the Court to direct the parties to maintain statusquo. Mr. Mehta, learned counsel appearing for the petitioner strongly objected to it. Mr. Desai submitted that the Court has come to conclusion that the act of the petitioner amounts to a misconduct, but merely because some foreign material is taken into consideration, the dismissal order, according to the State, is not vitiated, and, therefore, the State would like to approach the higher forum. It is required to be noted that if the cause would have been breach of trust or misappropriation of funds belonging to public exchequer, this Court would have taken a serious view of the matter, but in the instant case, the misconduct is of leaving the country without permission of the Chancellor and political clearance. We are of the view that as the State has not taken care to provide an opportunity to the petitioner to d...
Tag this Judgment!Sheth Enterprises (P) Ltd. and anr. Vs. Commissioner of Customs and An ...
Court: Gujarat
Decided on: Mar-31-1999
Reported in: (1999)154CTR(Guj)195
By the court:At the request of the learned Advocates, the matter is taken up for final disposal. The petitioner initially filed this petition inter alia praying for issuance of a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction quashing and setting aside, Annexure-'E' dt. 21-12-1998, the decision of the first respondent rejecting the declaration and application of the petitioner under the Kar Vivad Samadhan Scheme, 1998 (hereinafter referred to as the 'Scheme'). The petitioner further prayed to direct the first respondent to dispose of the application under the provisions of the Scheme.2. The appeal preferred against the order passed by the adjudicating authority was dismissed as time-barred on 9-12-1998, intimation of which was received by petitioner on 18-2-1999. Later on by amendment, the petitioner prayed to quash and set aside the order dated 9-12-1998 Annexure-G passed by the second respondent dismissing the appeal as time bar...
Tag this Judgment!Bhadreshkumar Ramanlal Patel and ors. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Mar-31-1999
Reported in: (1999)3GLR2549
S.K. Keshote, J.1. The petitioners by this Special Civil Application under Article 226 of the Constitution are challenging the legality, validity and propriety of the action of the respondent No. 2 of refusing to take action under Section 145-F of the Gujarat Co-operative Societies Act, 1961 against the respondent No. 5.2. The petitioners are the agriculturists having their agricultural lands at village of their native places disclosed in the cause title of the petition. The petitioners are the members of the respondent No. 4-Co-operative Society. The election of the Board of Directors of the respondent No. 4-Society was held recently and result thereof was declared in December, 1998. On 6th January, 1999 after election of the new Board of Directors, meeting of the newly constituted Board of Directors was held. The petitioners first time learnt by an advertisement in the Gujarat Samachar in its daily edition of 7-1-1999 that the respondent No. 5 functions as the Manager of the Milk Soc...
Tag this Judgment!Jan Sangharsh Manch Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Mar-30-1999
Reported in: 2000ACJ1523; AIR1999Guj286
1. This special civil application is filed by a public spirited citizen alleging that there was negligence on the part of the Civil Hospital, Ahmcdabad i n trcati ng patient by name Ushaben.2. Smt. Ushaben was the wife of Anokhelal Umrao Rajput who was formerly working in a Mill which has now been closed down. Ushaben was admitted to the Civil Hospital, Ahmedabad on 25-1-1999 as she had some gynaecological illness. According to the petitioner, she was advised to undergo an operation. The operation was conducted on 3-2-1999. During the course of operation, blood transfusion had to be done. After the operation of the patient, the condition of the patient deteriorated and she died on 4-2-1999. According to the petitioner, there was negligence by the doctors and para medical staff and on account of supply of wrong sample of blood, the patient died. The petitioner has also alleged that the patient was not given proper care and attention by the members of the hospital staff. It is alleged th...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Jyotikaben Bhupendrabhai Maniyar and ...
Court: Gujarat
Decided on: Mar-30-1999
Reported in: 2000ACJ622; AIR1999Guj292; (1999)3GLR2074
R.K. Abichandani, J. 1. These four appeals raise a common question and are argued together since they arise from the same judgment and award in consolidated claim petitions arising out of a vehicular accident that occurred on 3-9-1992 in the evening around 8.00 p.m. when a jeep car driven by Karansinh Ranarammed into the stationary public carrier which according to the claimants was parked at night without any reflectors or lights to indicate that it was lying on the road in a stationery condition. In the jeep car were travelling one Bhupendrabhai Fulchand Maniyar, a Deputy Executive Engineer who died in the accident and other injured claimants who were the employees of the Gujarat Water Supply and Sewerage Board to which the jeep belonged. The accident had occurred on the Kandla-Ahmedabad National Highway. 2. The Tribunal, on the basis of the material on record, came to a finding that there was negligence on the part of the driver? of both the vehicles. It was held that the driver of ...
Tag this Judgment!Mansukhbhai Kanjibhai Patel Vs. Gujarat Secondary Education Board and ...
Court: Gujarat
Decided on: Mar-30-1999
Reported in: AIR1999Guj312; (2000)1GLR1
K.G. Balakrishnan, C.J.1. Originally, this Special Civil Application was filed by Mansukhbhai Kanjibhai Patel, alleging that 10 students were illegally denied permission to write the S.S.C. examination commencing on 15th March, 1999. Thereafter, the 10 students were impleaded as petitioners in this proceeding. The allegation in the Special Civil Application is to the effect that these 10 students paid the examination fees in time and submitted the forms to the Headmistress of Shree L.M. Sharda Mandir High School, but by some mistake, the Clerk of the School had not handed over the money and submitted the forms to the 1st respondent-Gujarat Secondary Education Board and the negligence of the Clerk resulted in denial of opportunity to the 10 students in appearing in the SSC examination. According to the petitioners, the students had done whatever they had to do in the matter of writing the examination and the Board was bound to permit these students to write the examination and, therefor...
Tag this Judgment!Hasmukhlal Thakordas Dalwala Vs. Commissioner of Income Tax and anr.
Court: Gujarat
Decided on: Mar-24-1999
Reported in: [2000]242ITR484(Guj)
J.N. Bhatt, J. 1. Since both these petitions under Art. 226 of the Constitution of India raise identical questions, upon request, they are being adjudicated upon, simultaneously. 2. The sole question which has come to the surface in this two petitions is the impugned action of the CIT, Surat in directing the petitioners to withdraw the applications pending before the Settlement Commission as a condition precedent for availing the benefits of Kar Vivad Samadhan Scheme, 1998 (KVS Scheme). In order, to examine and appreciate this question, we would like to highlight a few skeleton factual aspects leading to the rise of this group of two petitions under Art. 226 of the Constitution of India. 3. The petitioners are income-tax assessees. The income-tax assessment years involved are 1987-88, 1988-89 and 1989-90. Respondent No. 1, CIT, Surat, before whom the petitioners are entitled to present declaration under KVS Scheme, made declarations by both the petitioners. However, respondent No. 1 to...
Tag this Judgment!Yogeshkumar Pramodrai BrahmIn Vs. State of Gujarat
Court: Gujarat
Decided on: Mar-24-1999
Reported in: I(2000)DMC137; (2000)GLR777
K.R. Vyas, J.1. Appellants who were convicted for the offence punishable under Section 302 read with Section 34/114 of the Indian Penal Code ('IPC' for short hereinafter) for committing murder of deceased Jyoti have preferred this appeal challenging the judgment and order of conviction and sentence dated 15.4.1993 recorded in Sessions Case No. 24 of 1990 by learned Additional Sessions Judge, Amreli. The appellants who are husband, brother-in-law, sister-in-law and the mother-in-law of deceased were also charged alternatively under Sections 304B and 306 of IPC. However, they have been acquitted with respect to the said charge.2. Marriage between the deceased and A-1 took place on 10.3.1988. Out of the wedlock, deceased delivered a child on 28.11.1989 at Rajkot where she came for the purpose of delivery and resided at the house of her brother - Bharat, P.W.1, Ex.13. On 31.12.1989 she went with her husband to her matrimonial home at Amreli City. Thereafter something happened between the d...
Tag this Judgment!Raja @ Suresh S. Kodwani Vs. State of Gujarat
Court: Gujarat
Decided on: Mar-23-1999
Reported in: (1999)2GLR1830
M.S. Parikh, J.1. The appellant Raja alias Suresh Santramdas Kodwani, (hereinafter referred to as 'the accused') stood his trial for the offences punishable u/S. 302 of the Indian Penal Code and sec. 135 of the Bombay Police Act on the allegation that on 26/1/1988, at about 6.15 p.m. he assaulted deceased Pratapbhai Kundanbhai Kodwani at Royal Bakery with a poker, which he was having with him in violation of certain prohibitory orders issued by the Competent Police Authority and caused grievous hurt resulting into death of aforesaid Pratapbai Kundanbhai Kodwani within a short time. He was tried accordingly before the learned Sessions Judge, Vadodara in Sessions Case No. 153 of 1988. At the conclusion of trial he was held guilty of having committed offence punishable u/S. 302 of the Indian Penal Code, but was acquitted of the offence punishable u/S. 135 of the Bombay Police Act. He was accordingly sentenced to undergo imprisonment for life by impugned judgment dated 16/1/1990 rendered b...
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