Gujarat Court September 1999 Judgments
Nutan Mills Employees Co-op. Credit Society Ltd. Vs. Official Liquidat ...
Court: Gujarat
Decided on: Sep-30-1999
Reported in: [2001]104CompCas439(Guj)
ORDERS.D. Dave, J.1. Under a tripartite agreement between the workers, the workers' co-operative society and the mills company (in liquidation), the said mills company used to deduct amounts at the specified rate, from the worker's wages every month, and to transmit the same to the credit society to enable it to credit the amounts so received in the accounts of the workmen individually against the dues of the credit society. An amount of a significant value had remained with the mills company till the orders of winding up. The question before me is, as to whether the said money can be said to have been impressed with the character of trust money, for which the credit society can make a preferential claim, or whether the said money can be said to be the assets of the mills company in liquidation, for the recovery of which the credit society shall have to lodge a claim before the official liquidator, which once again shall have to rank pari passu with the dues of the secured creditors un...
Tag this Judgment!Premji Khanji Masani Vs. United India Insurance Co. and ors.
Court: Gujarat
Decided on: Sep-30-1999
Reported in: (1999)3GLR2604
Panchal, J.1. This appeal, which is filed under Clause 15 of the Letters Patent, is directed against judgment dated August 26, 1997 rendered by the learned single Judge, in Special Civil Application No. 2551/97, by which prayer made by the appellant to direct the respondents to treat his resignation from service as voluntary retirement and fix his pension under Paragraph 30 of the General Insurance (Employees') Pension Scheme, 1995, is rejected. 2. The appellant was employed with United India Insurance Company as Administrative Officer in Divisional Office at Junagadh. He was not keeping good health and, therefore, he tendered resignation from service by addressing letter dated February 27, 1987 to the Regional Manager, Regional Office, Ahmedabad. A copy of the said letter is produced at Annexure-A to the petition. By the said letter, appellant requested the competent authority to accept his resignation with effect from April 1, 1987 and to treat period from March 1, 1987 to March 31, ...
Tag this Judgment!Sunil Kumar Mangalsinh Kshatriya Vs. State of Gujarat
Court: Gujarat
Decided on: Sep-29-1999
Reported in: (2000)3GLR345
A.L. Dave, J.1. The revisioner herein is accused No. 6 in NDPS Case No. 8 of 1998. By this revision application, he challenges the order of learned Additional Sessions Judge, Vadodara, passed below Ex.21 on 10th March, 1999. The revisioners had approached the Additional Sessions Judge with application Ex.21 for framing a separate charge and conducting a separate trial against him relying upon Section 218 of Code of Criminal Procedure. That application came to be rejected and, hence, this revision application. 2. Facts:- Upon intelligence received by police, a raid was conducted on 12th March, 1998 at about 10.00 A.M. on the site of Rolex Pharmaceuticals Limited, at P.O. Rania, taluka Savli, district Baroda, by officers of the Narcotics Control Bureau (NCB) to find that mandrax tablets in large quantity were being manufactured over there and were being supplied. During the course of interrogation and investigation, it was revealed that six persons were involved in the said offence and, ...
Tag this Judgment!Khalifa Jusab Sher Mohmed Vs. State of Gujarat
Court: Gujarat
Decided on: Sep-29-1999
Reported in: (2000)2GLR193
D.C. Srivastava, J.1. The petitioner, through this petition, has prayedfor quashing the Judgment and order Annexures : A, C & Erespectively passed by the Mamlatdar, Deputy Collectorand the Land Revenue Tribunal in Ceiling Case arisingunder the Gujarat Agricultural Land Ceiling Act.2. The case has a chequered history which is clearlyindicated in the order of the Gujarat Revenue Tribunal,Annexure : E. Petitioner submitted revised form No.2 on28.6.1976 under the Agricultural Land Ceiling Act showingthat he had in his possession 144 Acres - 6 gunthas ofland. After inquiry the Mamlatdar declared 94 Acres - 06gunthas as surplus land with the petitioner on 7.10.1981in Ceiling case No.29 of 1976. The petitioner preferredAppeal before the Assistant Collector. The Appeal wasallowed and the matter was remanded to the Mamlatdar inCeiling Appeal No.9 of 1981. The Mamlatdar reheard thematter and through his order dated 31.12.1982 againdeclared 94 Acres - 06 gunthas as surplus land with thepetitioner...
Tag this Judgment!Commissioner of Income-tax Vs. Shambhulal C. Bachkaniwala
Court: Gujarat
Decided on: Sep-28-1999
Reported in: [2000]245ITR488(Guj)
B.C. Patel, J.1. The CIT, Surat, being aggrieved by an order passed by the Tribunal has preferred this application. The Tribunal was moved by preferring six applications to refer the questions for the opinion of this Court. The finding pertaining to similar question/s would cover other references as well. So far as Appln. No. 266 of 1999 is concerned, the following three questions were sought to be referred by the applicant : '(1) Whether, on the facts and in the circumstances of the case and in law, the Tribunal was justified in deleting the addition of Rs. 19,03,677, Rs. 17,27,447 and Rs. 1,62,349 in the block periods made by the AO by drawing an inference from the seized materials (2) Whether, on the facts and in the circumstances of the case and in law, the Tribunal was justified in taking the value of silver as on the date of seizure, i.e., 9th January, 1997 rather than the date when the assessee was found to be the owner, namely, 21st November, 1996 (3) Whether, on the facts an...
Tag this Judgment!Rajnikant Hasmukhlal Golwala and ors. Vs. Natraj theatre and ors.
Court: Gujarat
Decided on: Sep-28-1999
Reported in: AIR2000Guj80; (2000)2GLR1155
A.R. Dave, J.1. The appellants are some of the original defendants who have challenged the validity of the order passed below Ex. 5 dated 29th May 1999 in Special Civil Suit No. 19 of 1999 filed in the Court of Civil Judge (S.D.) at Navsari.2. The relevant facts in a nutshell giving rise to the present litigation are as under:--3. For the sake of convenience, parties to the litigation have been described as shown in the trial Court. Plaintiff No. 1 is M/s. Natraj Theatre which is a partnership firm. Plaintiffs Nos. 2 to 6 and defendants Nos. 1 to 11 are partners of the said firm. It is not in dispute that plaintiffs Nos. 2 to 6 have assigned their rights as partners of the said firm to plaintiffs Nos. 7 and 8 whereas defendants Nos. 1 to 11 have assigned or sold their rights as partners of the said firm to defendant No. 12. At an earlier occasion plaintiffs Nos. 2 to 6 had agreed to sell or assign their rights to defendant No. 12 but subsequently no formal conveyance deed was executed ...
Tag this Judgment!Commissioner of Income Tax Vs. Shambhulal C. Bachaniwala
Court: Gujarat
Decided on: Sep-28-1999
Reported in: [2000]108TAXMAN515(Guj)
Patel, J. The Commissioner, Surat, being aggrieved by an order passed by the Tribunal has preferred this application. The Tribunal was moved by preferring six applications to refer the questions for the opinion of this Court. The finding pertaining to similar question/s would cover other references as well, So far as Application No. 266 of 1999 is concerned, the following three questions were sought to be referred by the applicant:'1. Whether, on the facts and in the circumstances of the case and in law, the Tribunal was justified in deleting the addition of Rs. 19,03,677, Rs. 17,27,447 and Rs. 1,62,349 in the block periods made by the assessing officer by drawing an inference from the seized materials ?2. Whether, on the facts and in the circumstances of the case and in law, the Tribunal was justified in taking the value of silver as on the date of seizure, i.e., 9-1-1997 rather than the date when the assessee was found to be the owner, namely, 21-11-1996 ?3. Whether, on the facts and...
Tag this Judgment!Devpuri Hirapuri Vs. State of Gujarat
Court: Gujarat
Decided on: Sep-27-1999
Reported in: (1999)3GLR880
M.S. Parikh, J. 1. Rule. Service of Rule is waived by Mr. K.P. Raval, learned A.P.P. for the State.The petitioner, Devpuri Hirapuri, shown to be aged 70 years undergoing sentence (now default sentence), by virtue of his conviction under Section 20(b)(2) of the Narcotic Drugs & Psychotropic Substances Act, 1985, (`NDPS Act' for short) rendered by the learned Additional Sessions Judge, Mehsana, in Sessions Case No. 15 of 1989, confirmed by this Court in Criminal Appeal No. 622 of 1990, has moved this Special Criminal Application praying for his premature release while setting aside the order Annexure `A' rendered by the Government of Gujarat, through its Home Department on 11th May 1999 rejecting his application for such premature release. Short ground, on which the petitioner seeks premature release, is that he has been suffering from Cancer and he has been in the terminal stage of his illness. Reference in this connection has been made to Paras (Rule) 1482 and 1485 of Bombay Jail Manua...
Tag this Judgment!Jatunbibi, W/O Gulam MahiyodIn Sheikh Vs. State of Gujarat
Court: Gujarat
Decided on: Sep-27-1999
Reported in: (2000)2GLR636
A.L. Dave, J.1. These two Letters Patent Appeals arise out decision rendered by a learned Single Judge in Special Civil Applications No. 659 of 1987 and 5487 of 1986, on 22nd November, 1988.2. The facts of the case leading to these Letters Patent Appeals may be stated. The appellants in Letters Patent Appeal No. 430 of 1989 are the heirs of deceased-Chandminya Musaminya Shaikh, the deceased and appellant in Letters Patent Appeal No.431 of 1989, Babubhai Lallubhai Patel, were formerly working in Navsari Borough Municipality. Both of them retired from service on 7th May, 1966 and 5th September, 1965, respectively. Around that time, a pension scheme was under consideration and was subsequently sanctioned by the Government on 17th March, 1967, in respect of employees of the said Municipality. The said scheme was made applicable from 28th May, 1966. Resultantly, these two employees, who had retired prior to 28th May, 1966, were not given the benefit of the pension scheme. They, therefore, m...
Tag this Judgment!Master Silk Mills Pvt. Ltd. Vs. Ibrahim Habib
Court: Gujarat
Decided on: Sep-24-1999
Reported in: (2000)IIILLJ672Guj
H.K. Rathod, J.1. Learned Advocate Mr. Vimal Patel appears for Mr. K. S. Nanavati, Advocate for the petitioner-Company. In this petition, this Court has issued Rule on December 16, 1988. While issuing Rule, this Court granted interim stay against the order passed by the Labour Court, Rajkot on November 29, 1986. The Rule has been served upon the respondents but none has appeared for the respondents.2. In the present petition, the orders passed by the Labour Court, Rajkot in Recovery Application No. 1167 of 1980, 1176 of 1980, 1177 of 1980 and 1187 of 1980 have been challenged, by the petitioner-Mill Company. Said recovery applications were filed by the applicants- workmen under Section 33-C(2) of the Industrial Disputes Act, 1947 ('the I.D. Act' for short). It was the case of the applicants before the Labour Court that the applicants were working in the opponent-Mills Company and on October 5, 1976, the settlement was arrived at between the Textile Labour Association which was the repr...
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