Gujarat Court May 1999 Judgments
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Zarinaben N. Mansuri Vs. Manager, Murkhan P. Mutva and ors.
Court: Gujarat
Decided on: May-04-1999
Reported in: [1999(82)FLR923]; (1999)IILLJ289Guj
ORDER1. Heard learned counsel for the parties. 2. The petitioner an untrained teacher, who was working in a school - Ashram Shala run by the respondents, filed this petition under Articles 226 & 227 of the Constitution challenging thereby the order of the Gujarat Primary Education Tribunal, Ahmedabad dated February 26, 1999 passed in application No. 4/1994 under which her application has been rejected. 3. It is not in dispute that the petitioner was not possessing the requisite qualifications prescribed for appointment to the post of Assistant Teacher in the primary school. She is not possessing the requisite qualification as laid down for the said post, her initial appointment itself was not legal. However, she continued as an untrained teacher. An inquiry has been conducted under Section 40-B of the Gujarat Education Act wherein it is found that the petitioner was not possessing the requisite eligibility as provided for appointment as Assistant Teacher in the primary section of the r...
State of Gujarat Vs. Gaurang Mathurbhai Leuva and 4 ors.
Court: Gujarat
Decided on: May-04-1999
Reported in: (1999)3GLR443
H.R. Shelat, J. 2. Being aggrieved by the order dated 1st March 1999, passed by the learned Additional Sessions Judge at Gandhinagar, exhibiting the document over-ruling the objection raised by the prosecution, while recording the evidence of Manojkumar Chhanabhai Kapadia (Ex.28) in Sessions Case No. 27/98 on his file, the present revision application is filed. Necessary facts, in order to appreciate the rival contentions, may in brief be stated.2. Pertaining to the charge of the offences u/s. 498A & 306, I.P. Code framed, when evidence in Sessions Case No. 27/98 was being recorded by the Additional Sessions Judge at Gandhinagar, the learned advocate for the respondents who are the accused in that Sessions Case, asked certain questions in the cross-examination of the aforesaid witness and got the letters written by the victim Anjuben admitted and exhibited. At that time the learned Special Public Prosecutor, Shri Patel objected against admission of the documents giving exhibit submitti...
Hanskamal A. Grover Vs. State of Gujarat
Court: Gujarat
Decided on: May-04-1999
Reported in: (1999)3GLR634
D.C. Srivastava, J.1. These three matters are proposed to be disposed of by common judgment and order.2. Special Civil Application No.10033 of 1998 is a writ petition under Article 226 of the Constitution of India with prayer in the nature of certiorary to quash the detention order dated 23rd October 1998 passed by the Police Commissioner, Surat City under Section 3(2) of the Prevention of Anti-social Activities Act (for short 'PASA') and in the nature of habeas corpus of immediate release of the petitioner from illegal detention.3. The prayer in Civil Application No.180/99 is for suspension of detention order dated 23.10.1998 and for release of the petitioner during pendency of Special Civil Application No.10033 of 1998.4. Civil Application No.2019 of 1999 is an application for submitting certain documents to be placed along with Special Civil Application No.10033 of 1998.5. Brief facts giving risde to the writ petition are as under :The detaining Authority, namely, Police Commissione...
Deputy Collector Vs. Lalubhai Keshavbhai
Court: Gujarat
Decided on: May-04-1999
Reported in: (1999)3GLR743
ORDERHeard ld. counsel for the appellants.This appeal has been filed under Sec. 54 of the L and Acq.Act read with Sec. 96 of the C.P. Code by the State challenging the impugned award passed by the District Court under Sec. 18 of the said Act.The impugned judgment, taken in it overall perspective, is in our opinion, not assailable. We agree with the assessment of the evidence on the part of the Reference Court, conclusions drawn therefrom and the findings of fact recorded.The Reference Court has relied upon its decision in a group of L and Acq. Cases decided under Sec. 18 of the said Act, the judgment whereof is at Exh. 11 in the record of the present reference. There is no dispute that it is a comparable instance. The only contention raised is that the location of two villages in question is different or that the same are located at some distance from each other. Only technically this may seem to be true, but that by itself does not make the same not comparable nor would it result in a...
Commissioner of Wealth-tax Vs. G.R. Employees Welfare Trust
Court: Gujarat
Decided on: May-04-1999
Reported in: [2001]251ITR514(Guj)
1. At the instance of the Commissioner of Income-tax, the statement of case has been submitted by the Income-tax Appellate Tribunal, Ahmeda-bad Bench 'B'. The following question of law arising out of the Tribunal's order in Wealth-tax Appeals Nos. 85 to 87/Ahd of 1983 for the assessment years 1977-78 to 1979-80 has been referred for the opinion of this court by the Income-tax Appellate Tribunal : 'Whether the provisions of section 21(4) of the Wealth-tax Act, 1957, cannot be applied in the case of the assessee-trust and whether its wealth has to be taxed at the appropriate rate and not at the rate it was charged by the Wealth-tax Officer ?' 2. The assessee is a trust brought into existence by a deed of settlement dated March 30, 1972. The trust was created for giving financial help to the employees who were defined and the members of their families for the purpose of education, medical relief, providing gainful employment, housing, expenses on marriage and other social obligations, etc...
State of Gujarat Vs. Gaurang Mathurbhai Leuva and ors.
Court: Gujarat
Decided on: May-04-1999
Reported in: (1999)3GLR2325
H.R. Shelat, J.1. Being aggrieved by the Order dated 1st March 1999, passed by the learned Additional Sessions Judge at Gandhinagar, exhibiting the document overruling the objection raised by the prosecution, while recording the evidence of Manojkumar Chhanabhai Kapadia (Ex. 28) in Sessions Case No. 27 of 1998 on his file, the present revision application is filed. Necessary facts, in Order to appreciate the rival contentions, may in brief be stated.2. Pertaining to the charge of the offences under Sections 498A and 306, Indian Penal Code framed, when evidence in Sessions Case No. 27 of 1998 was being recorded by the Additional Sessions Judge at Gandhinagar, the learned Advocate for the respondents who are the accused in that Sessions Case, asked certain questions in the cross-examination of the aforesaid witness and got the letters written by the victim Anjuben admitted and exhibited. At that time, the learned Special Public Prosecutor, Shri Patel objected against admission of the doc...
Commissioner of Income-tax Vs. Navjivan Roller and Pules Mills
Court: Gujarat
Decided on: May-03-1999
Reported in: [2001]251ITR661(Guj)
R. Balia, J.1. On an application made by the Commissioner of Income-tax, Baroda, in this behalf, the following question of law arising out of the Tribunal's order in I. T. A. Nos. 2001 and 2002/Ahd of 1982 and dated October 14, 1983, was referred to this court by the Income-tax Appellate Tribunal, Ahmedabad Bench 'B', for the opinion of this court :'Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the various accounts on which interest of Rs. 31,886 and Rs. 47,176 is paid fall outside the purview of Explanation (b) to Section 40A(8) ?'2. The two appeals related to two different assessment years 1978-79 and 1979-80, respectively. During the previous years relevant to the assessment years, the assessee-company has paid interest of Rs. 5,02,087 and Rs. 5,27,418, respectively. Out of these amounts, Rs. 31,886 and Rs. 47,176 for the respective years has been paid to the directors, shareholders and others. This amount, according to the Assess...
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