Gujarat Court July 1999 Judgments
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Surubha Govubhai Jadeja Vs. State of Gujarat
Court: Gujarat
Decided on: Jul-26-1999
Reported in: 2000CriLJ1224; (2000)1GLR586
R.M. Doshit, J.1. Heard the learned advocates for the respective parties.2. The petitioner herein challenges the order of preventive detention dated 6th March, 1999 made by the State Government under Section 3 of the Prevention of Blackmarketing & Maintenance of Supplies of Essential Commodities Act, 1980 [hereinafter referred to as, `the Act'].3. The petitioner herein is a Manager in Jay Ambe Petroleum Services, situated at Kalol, District-Mehsana [hereinafter referred to as `the Petrol Pump']. Upon inspection, the stock of diesel maintained by the Petrol Pump was found to be adulterated. Upon analysis of such adulterated diesel, it was found to be adulterated by controlled kerosene which is supposed to be distributed amongst the domestic consumers, at a subsidized rate. The said illegal activity is alleged to have been committed by the owner Jayantilal D. Shah with the connivance of the present petitioner. Thus, the petitioner and the owner of the petrol pump are alleged to have used...
Ramabhai Popatbhai Bhangi and anr. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jul-26-1999
Reported in: (2000)1.GLR437
S.K. Keshote, J.1. The petitioners, confirmed (Retd.) employees of the respondent No. 2-Municipality praying for issuance of the directions to the respondent to grant them pensionary benefits.2. Briefly stated the facts of the case are that the petitioners had put in more than 30 years of services in the office of the respondent No. 2 as sweepers (Safai Kamdar). The petitioners were about to reach the age of superannuation, but before reaching of the said age as they were not physically fit to carry on work of safai kamdar and had in fact became weak to do such work they have submitted their resignation from services. They made representations to all the concerned officers from time to time for giving them the pension benefits. They filed Special Civil Application No. 4362 of 1992 before this Court, which came to be decided on 29-12-1993 in terms directing the respondents to consider the case of the petitioners sympathetically with regard to their claim of pensionary benefits. Under th...
Babuhai C. Zaveri Vs. District Health Officer Jilla Panchayat, Surat a ...
Court: Gujarat
Decided on: Jul-24-1999
Reported in: (2000)1GLR568
S.K. Keshote, J.1. Heard learned counsel for the parties. 2. The petitioner joined the service with the then Bombay State as Medical Officer on 20.3.1953. He tendered resignation to the respondent No. 2-Director of Health, Government of Gujarat, Ahmedabad. The District Health Officer, District Panchayat, Surat vide its letter dated 24.6.1977 informed the petitioner that without formality of the notice pay etc. is being complied with his resignation cannot be accepted and the petitioner cannot be relieved without prior sanction of the Director of the Medical Health Service. The petitioner vide its letter dated 8.8.1977 requested the District Health Officer, District Panchayat, Surat that the period from 1.9.1976 to 30.9.1976 be treated as notice period and appropriate order may be passed. The District Health Officer, District Panchayat Surat vide its letter dated 9.10.1978 informed the petitioner that on his resignation no action can be taken unless dues of Rs. 2000/- towards G.P. Fund ...
Commissioner of Income-tax Vs. Pankajkumar R. Shah
Court: Gujarat
Decided on: Jul-24-1999
Reported in: [2001]252ITR434(Guj)
1. The Commissioner of Income-tax (Gujarat-III), Ahmedabad, has filed this application seeking answer on the following two questions :'(1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in coming to the conclusion that the reopening of assessment under Section 147(b) of the Act was not valid ?(2) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in coming to the conclusion that the ex parte assessment order passed by the Income-tax Officer was not legal and valid ?'2. From the record it transpires that for the assessment year 1975-76, the Assessing Officer assessing the income of the assessee under Section 143(1) of the Income-tax Act, 1961 {hereinafter referred to as 'the Act'), by an order dated November 15, 1976, determined the total income of the asses-see at Rs. 4,660. On or about December 23, 1978, notice under Section 148 of the Act was issued, which was served on the assessee on January 3, 1979. ...
Commissioner of Income-tax Vs. Patidar Oil Cake Industries
Court: Gujarat
Decided on: Jul-24-1999
Reported in: [2001]252ITR450(Guj)
1. For the years 1977-78 and 1978-79, the assessee engaged in production of 'de-cake powder' from groundnut-oil cake by solvent extraction processclaimed weighted deduction under Section 35B(1)(b)(iii) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), in respect of laboratory expenses amounting to Rs. 39,921 and Rs. 41,160, respectively. The Assessing Officer rejected the claim and the Appellate Commissioner of Income-tax (Appeals) upheld the decision of the Assessing Officer. On further appeal to the Income-tax Appellate Tribunal (hereinafter referred to as 'the Tribunal'), the Tribunal allowed the claim made by the assessee. 2. The Tribunal has referred the following question for the opinion of the court which reads as under : 'Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in coming to the conclusion that the laboratory and analysis expenses of Rs. 39,921 and Rs. 41,160 were allowable for weighted deduction under Section 3...
Shantilal Maganlal Patel Vs. Nagar Prathamik Shikshan Samiti, Ahmedaba ...
Court: Gujarat
Decided on: Jul-23-1999
Reported in: (2000)4GLR94
ORDER1. Challenge has been made by the petitioner, an Officer of the Ahmedabad Municipal Corporation, to the order of the Corporation under which the respondent No. 4 was appointed by promotion as Administrative Officer, Nagar Prathmik Sikshan Samiti, Ahmedabad Municipal Corporation. 2. Challenge has been made on the ground that the Corporation had decided to fill in this post by making open selection, and after inviting the applications the selection committee has prepared the select list and the name of Shri Kaushik Mehta who was at Sr. No. 1 in merit list was sent for approval of the State Government but that name was not approved, and as such, the respondent-Corporation should have sent the name of the petitioner for his approval of appointment on the said post to the State Government who stood at Sr. No. 2 in the merit list rather than to fill up that post by promotion. Second contention has been raised that the promotion of the respondent No. 4 on the post aforesaid is mala fide ...
Zoroastrian Co-operative Housing Society Ltd. and anr. Vs. District Re ... Overruled
Court: Gujarat
Decided on: Jul-23-1999
Reported in: AIR2000Guj9; (2000)1GLR842
K.G. Balakrishnan, C.J. 1. This is an appeal directed against the judgment of the learned single Judge in Special Civil Application No. 6226 of 1996. Original petitioners are the appellants. The first appellant is a Co-operative Society, registered under the Bombay Co-operative Societies Act, 1954 and the second appellant is its member and the President. The main object of the appellant Society is the construction of houses meant for residential purpose and the allotment of the same to its members. The second respondent herein, who is a Member of the Society, was allotted a house, and in 1985, he made an application for converting his residential house into a commercial building. That application was rejected on the ground that the commercial use was prohibited under the bye-laws. In 1988, second respondent made an application for development by constructing a nine-storeyed building with 56 residential flats and the appellant-Society gave permission on condition that the flats should b...
indrasing M. Raol Vs. State of Gujarat
Court: Gujarat
Decided on: Jul-23-1999
Reported in: II(2000)DMC239; (1999)3GLR654
H.R. Shelat, J.1. The appellant (original accused) came to be convicted of the offence punishable under Sec. 498A of Indian Penal Code by the then learned Additional Sessions Judge, Ahmedabad on 11th March, 1988, in Sessions Case No. 99 of 1987 and sentenced to suffer Rigorous Imprisonment for a period of three years and a fine of Rs. 1,000/- i/d to suffer further Rigorous Imprisonment for a period of three months. He has, therefore, filed this appeal challenging the legality and validity of the order of conviction. In order to appreciate rival contentions of the parties, necessary facts may, in brief, be stated.2. Kailasba who committed suicide was the daughter of Motiba Pratapji Biholla. She married the appellant in the month of February, 1986. At that time, the appellant was serving in Army at Meerut in U.P. After solemnization of the marriage, Kailasba continued to stay at Ahmedabad with her mother, while the appellant went back to Meerut. It appears that the appellant was trying f...
State of Gujarat Vs. Anil Kumar Puranmal Gupta
Court: Gujarat
Decided on: Jul-23-1999
Reported in: (2000)GLR444
A.L. Dave, J. 1. These two revision applications arise out of an order that came to be passed by the learned City Sessions Judge in Sessions Case No : 195 of 1998 below application Exh.7, 8 & 15 tendered before him. These applications were tendered on behalf of the different accused persons for discharge. The learned Additional City Sessions Judge after considering the arguments advanced and their merits, passed impugned order on 22nd January, 1999 granting application and rejecting remaining two applications. The State having been aggrieved by grant of application Exh.6 discharging accused No. 8 has preferred Criminal Revision Application No : 141/99. While these applications were being argued, the arguments were advanced for discharge of accused No. 2 & 6 before the learned Sessions Judge and the learned Sessions Judge while passing the impugned order, did not consider the oral request for discharge of accused No . 2 & 6 for which the accused No. 2 & 6 are aggrieved and they have the...
Aswath Kumar R. Vs. State of Gujarat
Court: Gujarat
Decided on: Jul-22-1999
Reported in: (2000)4GLR369
1. All these eight Special Civil Applications are based on identical facts and involve common question of law and, therefore, I propose to decide all these Special Civil Applications by this common judgment and order.2. The petitioners herein are Medical Graduates seeking admission in Post Graduate courses (herein after referred to as 'P.G. Course') in Medical Faculty in different disciplines in the Medical Colleges in the State of Gujarat on the basis of All India Entrance Examination against 25 percent of the seats in P.G. Course. They seek to challenge the Government Resolution dt.16.5.96 issued by the Health & Family Welfare Department being Resolution No.MCG-1096-1418-J. The grievance is raised by the petitioners against this Government Resolution dt.16.5.96 in the context of the earlier Government Resolution dt.7.10.93 issued by the Health & Family Welfare Department of the Government of Gujarat being Resolution No.MCG-1093-452-J. Learned counsel for the petitioners has pointed o...
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