Gujarat Court May 1999 Judgments
Nilaybhai Rajendrabhai Thakore and anr. Vs. Ahmedabad Municipal Corpor ...
Court: Gujarat
Decided on: May-18-1999
Reported in: AIR2000Guj4
R.K. Abichandani, J. 1. Rule. Heard the learned Counsel for both the sides.The petitioners have filed this public interest litigation, challenging Rules 6 and 7 of the Rules for Admission to Smt. N.H.L. Municipal Medical College, which are at Annexure 'B' to this petition, in so far as they declare the definition of 'local students' for the purpose of admission to the College. Rules 6 and 7 which are challenged in this petition, read as under :--'6. Admission to the Medical College will be restricted to the following categories of students only :-- (i) Local students as defined in Rule 7; (ii) Candidates belonging to Scheduled Castes, Scheduled Tribes, Nomadic Tribes and Denotified Tribes from Gujarat State, as specified in Rule 8; (iii) Local candidates belonging to Socially and Educationally Backward Classes as notified by the Government of Gujarat, as specified in Rule 9; (iv) Students allotted for admission on the basis of All India Pre-medical Entrance Examination, as per Rule 31;...
Tag this Judgment!Textile Labour Association Vs. Official Liquidator of Jubilee Mills Lt ...
Court: Gujarat
Decided on: May-12-1999
Reported in: [2000]99CompCas189(Guj); (2000)4GLR147
ORDER75. In view of the above conclusions, the following order is passed : 76. The applicant-Textile Labour Association shall resubmit before the official liquidator the claims for dues of workmen of the jubilee Mills Ltd. (in liquidation), strictly in accordance with the principles laid down in this judgment within a period of two months from today and a copy of the summary of the same shall be given to the secured creditors and to the financial institutions (whose claim for being considered as secured creditors is yet to be decided). 77. If the secured creditors or the financial institutions require, within one week from the date of receiving the copy of the summary, any details of the claims submitted for the workmen's dues, the same shall be supplied by the official liquidator to the secured creditors/financial institutions at their costs. 78. Within one month from the date of receipt of the summary of claims for workmen's dues, the objections, if any, on behalf of the secured cred...
Tag this Judgment!Commissioner of Income-tax Vs. Chandanben Maganlal
Court: Gujarat
Decided on: May-12-1999
Reported in: [2000]245ITR182(Guj)
ORDERA.R. Dave, J.1. At the instance of the Revenue, the Tribunal Bench 'B' has referred to this Court the following question of law arising out of its order, dt. 4th October, 1983, passed in ITA No. 471/Ahd/1982 under provisions of s. 256(1) of the IT Act, 1961 (hereinafter referred to as 'the Act'). 'Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee is entitled to the benefit of exemption under s. 54 of the IT Act, 1961 ?' 2. The relevant facts pertaining to the case are as under : 3. The respondent-assessee had purchased a house property for Rs. 14,999. The said amount was paid from cash gift of Rs. 15,701 which was received by her from her husband on the same day. The said house property was sold during the relevant assessment year for a sum of Rs. 84,999. From the sale proceeds on 16th March, 1977, the assessee had purchased 15 per cent shares in another house property which was owned by her husband and her son. The res...
Tag this Judgment!Gujarat Narmada Valley Fertilizers Co. Ltd. Vs. State of Gujarat and o ...
Court: Gujarat
Decided on: May-12-1999
Reported in: (2000)1GLR443; (2000)ILLJ948Guj
ORDERR. Balia, J. 1. The petitioner-Gujarat Narmada Valley Fertilizers Company Limited ('GNFC', for short) challenges the Notification dated August 29, 1998 published in the Government Gazette of the State on August 29, 1998 issued under Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter called the 'Act') prohibiting engagement of security personnel through contractor. 2. The respondent No. 2 the Union of workmen has been espousing since long the cause of workmen for abolishing the contract labour in various processes/operations carried on by the petitioner-Company at its establishments. In the first instance, the Union filed Special Civil Application No. 5478 of 1989 inter alia asking for abolition of contract labour system prevalent at the company and also for direction that the workmen concerned be treated as the workmen of the Company directly. The said petition came to be withdrawn on August 27, 1991 for enabling the petitioner (Union) to pursue al...
Tag this Judgment!Textile Labour Association, Bhadra, Ahmedabad Vs. Official Liquidator, ...
Court: Gujarat
Decided on: May-12-1999
Reported in: (1999)IILLJ859Guj
ORDERIn view of the above conclusions, the following order is passed : 22.1 The applicant-Textile Labour Association shall resubmit before the Official Liquidator the claims for dues of workmen of the Jubilee Mills Ltd. (in liquidation) strictly in accordance with the principles laid down in this judgment within a period of two months from today and a copy of the summary of the same shall be given to the secured creditors and to the Financial Institutions (whose claim for being considered as secured creditors is yet to be decided). If the secured creditors or the Financial Institutions require, within one week from the date of receiving the copy of the summary, any details of the claims submitted for the workmen's dues, the same shall be supplied by the Official Liquidator to the secured creditors/Financial Institutions at their costs. 22.2 Within one month from the date of receipt of the summary of claims for workmen's dues, the objections, if any, on behalf of the secured creditors o...
Tag this Judgment!Maharaja Fatehsinhrao Zoo Trust Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: May-12-1999
Reported in: AIR1999Guj346; (1999)3GLR2361
ORDERR.K. Abichandani, J. 1. The petitioner-Maharaja Fatehsinhrao Zoo Trust challenges the order dated 22-11-1985 passed by the Gujarat Revenue Tribunal in Revision Application No. TEN. B.A.648/ 84 confirming the order dated 25-4-1984 in Ceiling Appeal No. 2/84, by which the Deputy Collector had upheld the declaration of surplus land under Section 21 of the Gujarat Agricultural Lands Ceiling Act, 1960 made by the Agricultural Lands Tribunal in its order dated 21-2-1983, holding that 250 acres and 26 gunthas of land held by the petitioner was surplus and that the petitioner could hold only the remaining 36 acres of land.2. The question arising in this petition is whether the land having forest growth can be acquired as surplus land under the Agricultural Lands Ceiling Act. The land in question, according to the petitioner Trust, is a rich sanctuary of Blackbuck preserve, known as Sunderpura preserve. According to the petitioner, the Trust was created on 28th February, 1958 and its decla...
Tag this Judgment!Atulbhai Balabhai Patel Vs. State of Gujarat
Court: Gujarat
Decided on: May-12-1999
Reported in: (2000)1GLR553
M.S. Shah, J.1. This petition under Article 226 of the Constitution raises the following question for consideration :-'Whether the Gujarat Revenue Tribunal, constituted under the Bombay Revenue Tribunal Act, 1957, while exercising the powers of revision under Section 76 of the Bombay Tenancy and Agricultural Lands Act, 1948, has the power to review its own decisions.'2. The facts giving rise to filing of this petition, as averred by the petitioners, are as under :-The land in question situate in village Nikol, Taluka & District Ahmedabad City was held in the name of Bai Jadav i.e. the predecessor-in-title of the petitioners. In the year 1975, the Mamlatdar and Agricultural Land Tribunal, Ahmedabad initiated proceedings under Section 32G of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as 'the Tenancy Act'). After hearing the parties, the Mamlatdar & Agricultural Land Tribunal passed order dated 10.2.1975 fixing the purchase price. Respondent Nos. 2 to 8 (...
Tag this Judgment!Sangar Garu Dhula Vs. Shah Laxmiben Tejshi and ors.
Court: Gujarat
Decided on: May-12-1999
Reported in: (2000)1GLR55
M.S. Shah, J.1. This appeal under Section 100 of the Civil Procedure Code, 1908 is directed against the judgment and decree dated 29th November 1979 passed by the learned Assistant Judge, Kutch at Bhuj, in Civil Appeal No. 86 of 1978 against the judgment and decree passed by the learned Civil Judge (J.D.) at Mandvi in Civil Suit No. 20 of 1974 by which the learned Civil Judge dismissed the suit filed by the appellant-plaintiff for redemption of the mortgaged property.Facts:2. The plaintiff is successor-in-interest of Tejshi Monshi who owned the suit property and who mortgaged the same to predecessors-in-title of the respondents-defendants for a period of 99 years. The mortgage deed was executed on 15-12-1940. The mortgage deed also contained a condition that the mortgagee can construct any property on the mortgaged property. The original mortgagee expired in the year 1956. The present respondent-defendant No. 1 is in occupation of the suit property on behalf of original mortgagee as a ...
Tag this Judgment!Lopaben Patel Vs. Hitendra Rambhai Patel
Court: Gujarat
Decided on: May-12-1999
Reported in: 2000CriLJ2709; I(2000)DMC147; (1999)2GLR666
ORDER :48. After the pronouncement of these orders learned Counsel Mr. Gupta for respondent-husband urges that the execution and implementation of these orders of ours should be stayed, so as to enable the respondent-husband to approach the higher Forum and to obtain appropriate orders. This question is being opposed by learned Counsel Mr. Shah, who appears for the petitioner-wife.We must point out that, we have given eight weeks' time for the compliance of the orders under question. We, therefore, do not find a justifiable reason for acceding the request coming from learned Counsel Mr. Gupta. Same is accordingly rejected....
Tag this Judgment!Gufic Pharma Ltd. Vs. J.B. Arora, Designated Authority Under Kar Vivad ...
Court: Gujarat
Decided on: May-11-1999
Reported in: (1999)155CTR(Guj)82; [1999]238ITR835(Guj)
Rajesh Balia, J. 1. This petition challenges rejection of petitioner's declaration under Kar Vivad Samadhan Scheme (KVSS) promulgated under the Finance (No. 2) Act of 1998, inter alia, on the ground that a revision against the order under s. 154, dt. 1st Jan., 1998, on 29th Jan., 1999, was infructuous inasmuch as the order under 154 was made without any objection from the assessee-petitioner. Such revision has to be ignored. The petitioner cannot be said to be falling within s. 95(i)(c) of the said Act. 2. The undisputed facts which have emerged from the averments made in the petition and replies for the present purposes are that for the asst. yr. 1996-97 the assessee claimed certain deductions under s. 80-I in respect of which assessee has filed an appeal before CIT(A) which was decided on 23rd March, 1997, by which the assessee was allowed a deduction of Rs. 20,80,791. The AO, namely, the Dy. CIT, was of the view that the said sum has wrongly been allowed in the asst. yr. 1994-95 as ...
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