Gujarat Court September 1999 Judgments
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Executive Engineer, Gujarat Electricity Board and anr. Vs. Soni J.B.
Court: Gujarat
Decided on: Sep-23-1999
Reported in: (2000)IIILLJ676Guj
H.K. Rathod, J.1. Mr. Pandya is appearing for the petitioner. None appears for the respondent. 2. In this petition, the petitioner-Board has challenged the judgment and award dated October 13, 1988 passed by the Presiding Officer, III Labour Court, Surat in Recovery Application No. 532 of 1986. The facts leading to the present petition, in short, are as under: The respondent herein who is a Junior Assistant working in the Surat Sub-Division of the petitioner-Board approached the Labour Court, Surat by filing Recovery Application No. 532 of 1986 under Section 33-C(2) of the Industrial Disputes Act, 1947 ('the I.D. Act' for short) and claimed that he was entitled to cask handling allowance of Rs. 10/- per month w.e.f. September 1, 1985 till March 31, 1986 as per the terms of settlement dated October 24, 1981 and an amount of Rs. 350/- per month w.e.f. September 1, 1985 to March 31, 1986 as travelling allowance and daily allowance as per the Rules of the Board and accordingly, the respond...
State of Gujarat Vs. Brijkishiore Garg
Court: Gujarat
Decided on: Sep-23-1999
Reported in: (2000)1GLR884
J.M. Panchal, J.1. This appeal, which is filed under Clause 15 of the Letters Patent, is directed against judgment dated July 15, 1995 rendered by the learned Single Judge in Special Civil Application No. 10653/95 by which eligibility of the daughter of the respondent for admission to the government medical colleges is determined and the appellants are directed to give her due position in the merit list without being prejudiced on account of Rules 1 & 5.2 of the Rules framed for admission to 1st M.B.B.S./ 1st B.D.S./1st B. Physio Course at the Government Medical Colleges, on the basis of marks obtained by her at the Central Board of Secondary Examination in XIIth standard coupled with her credit in mathematics as additional subject in 1995. 2. It may be stated that Special Civil Application No. 10653/94 was initially instituted by the respondent as well as one Dr. Jagjit Singh Panjarath on September 1, 1994, but on September 17, 1994 Dr. Jagjit Singh had filed a separate petition being...
Gujarat State Road Transport Corporation Vs. Ganeshbhai S. Patel
Court: Gujarat
Decided on: Sep-23-1999
Reported in: (2000)4GLR566
H.K. Rathod, J.1. Mr. H.C. Raval, Learned Advocate for the petitioner Corporation is present. Though served, the respondent has not appeared before this Court. 2. The facts of the present case in short are that the respondent was working as Conductor with the petitioner Corporation and during the course of his duty as such, while he was on duty on the route between Ambaji to Sidhpur on 23.4.81, his bus was checked by the Checking Staff and it was found that he had collected fare from 5 passengers of 2 groups travelling from Ambaji to Danta but had not issued tickets to those passengers till the checking point. The way bill was found to have been closed. A regular departmental inquiry was held against him and after the departmental inquiry, the respondent was dismissed from service by order dated 8.2.1982. The said action of the Corporation was challenged by the respondent workman before the Labour Court, Ahmedabad by filing Reference No.1626/84. The Presiding Officer of the Labour Cour...
Suo Motu Vs. Municipal Commissioner, Ahmedabad Municipal Corporation a ...
Court: Gujarat
Decided on: Sep-23-1999
Reported in: (2000)1GLR525
R.K. Abichandani, J.1. This suo motu petition was initiated on the basis of a report of a Committee consisting of Mr. M.D. Pandya, made on the basis of his visits to the industrial units situated at Saijpur-Gopalpur area, Dani Limda and Shah-Alam. From the order dated 24.11.1997, by which these proceedings were commenced, it transpires that considering the report of Mr. Pandya, an order was made on 15.7.1997, pursuant to which the officers of the Gujarat Pollution Control Board and a representation of the Municipal Commissioner, collected certain information and visited the units and submitted a unit-wise report in detail, in which it was pointed out by the Advisor (Pollution Control), Ahmedabad Municipal Corporation that in all there were 69 units in Behrampura area, which did not have legal drainage connection, nor had they obtained any consent under the Water (Prevention and Control of Pollution) Act, as on 30th Sept. 97. It was also pointed out that 181 units situated in Dani Limda...
Gujarat State Road Transport Corporation Vs. Prabatsinh Rupsinh Parmar
Court: Gujarat
Decided on: Sep-23-1999
Reported in: I(2000)ACC583; 2001ACJ173; (2000)3GLR228
Y.B. Bhatt, J.1. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the said Act') at the instance of Gujarat State Road Transport Corporation, challenging the judgment and award passed by the Motor Accidents Claims Tribunal (Aux.), Panchmahals at Godhra, passed under Section 166 of the said Act.2. At the outset, we may emphasise that the only question raised in the present appeal is as regards the rate of interest payable on the compensation awarded. This is challenged on a question of principle, and we shall, therefore, deal with it accordingly.3. The Tribunal has awarded interest at the rate of 15 per cent per annum from the date of the petition till the amount of compensation is deposited in the Tribunal. This is in respect of the claim petition filed in February, 1994.3.1. Learned counsel for the appellant contends that the interest at the rate of 15 per cent per annum is excessive and according to him, interest at the rate of 12 per c...
Visnagar Taluka Audyogik Sahakari Mandli Ltd. Vs. Commissioner of Inco ...
Court: Gujarat
Decided on: Sep-22-1999
Reported in: (2000)163CTR(Guj)80; [2000]242ITR627(Guj)
B.C. Patel, J.1. At the instance of the assessee and the Revenue, reference is before the Court raising the following two questions each : 2. By assessee '1. Whether, on the facts and in the circumstances of the case, the Tribunal is justified in law in upholding the addition of Rs. 1,18,05,966 made by the AO on account of excise duty refund by invoking the provisions of s. 41(1) of the IT Act, and confirmed by CIT(A)-VIII, Ahmedabad 2. Whether, on the facts and in the circumstances of the case, the Tribunal is justified in law in considering the amount of Rs. 1,18,05,960 received by the applicant on account of refund of excise duty, as income of the applicant, in spite of the fact that the amount received is not undisputably earned by the applicant without any encumbrance and that the appeal is still pending before the Hon'ble Supreme Court ?' 3. By Revenue '1. Whether, the Tribunal is right in law and on facts in allowing the assessee to raise additional claim under s. 80HH 2. Whethe...
G.S.R.T. Vs. Parshottam Premji Tank
Court: Gujarat
Decided on: Sep-22-1999
Reported in: (2000)4GLR549
H.K. Rathod, J.1. By way of this petition under Article 227 of the Constitution of India, the petitioner Corporation has challenged the order dated 1.1.1986 passed by the Labour Court, Rajkot in Reference (LCR) No.975/1983.2. The facts leading to the filing of the present petition in short, are that the respondent was working as Conductor in Amreli Depot in Amreli with the petitioner Corporation. While working as such, while he was on route from Nanodi to Visavadar on 7.12.1979, his bus was checked by the Checking Party and it was found that he had collected fare from the passengers but had not issued tickets to them till the time when the bus was checked and that the respondent had not issued tickets to 27 passengers. Regular Departmental Inquiry was held against him. It was found that the bus was a Local Bus where road booking was prohibited and out of 52 passengers, 27 passengers were found to have paid the fare but tickets were not issued to them and the bus had travelled 8 kilomet...
R.J. Vala Vs. State of Gujarat
Court: Gujarat
Decided on: Sep-22-1999
Reported in: (2000)GLR715
S.K. Keshote, J.1. This special civil application had come up for preliminary hearing in the Court on 1-4-1987, on which date, notice has been issued to the respondents returnable on 16-4-1987. Thereafter, this matter has been placed on Board for three times and ultimately on 24th June, 1988, it was admitted. The petitioner subsequently prayed for amendment of the special civil application which has been granted by this Court on 26th March, 1998.2. The respondents have not cared to file reply to the special civil application as it stand originally as well as to the amended petition and worse is that nobody is present on their behalf to make oral submissions also.3. Heard the learned counsel for the petitioner and perused the special civil application. The petitioner was promoted to the post of District Health Officer in the month of November 1981. The seniority list of District Health Officers was published vide notification dated 16th December, 1986 in which the position was shown as ...
Ketan Harkishan Marvadi and anr. Vs. Saurashtra-kutch Stock Exchange L ...
Court: Gujarat
Decided on: Sep-21-1999
Reported in: (2000)1GLR507
ORDER1. Petitioner No. 2 M/s. Marwadi Shares & Finance Pvt. Ltd. is a member of Saurashtra-Kutch Stock Exchange Ltd. - respondent No. 1 herein. Petitioner No. 1 is the Managing Director of Petitioner No. 2 Company. For the sake of convenience, petitioner No. 2 is hereinafter referred to as 'the petitioner'. 2. The respondent-Stock Exchange is holding elections for the offices of the members of the governing council of the respondent Stock Exchange. The petitioner filed his nomination form for the said elections. The form was rejected on the ground that the petitioner is not eligible to contest such elections as the petitioner has not completed three years membership with the respondent Stock Exchange, as required by Rule 74(2) of the Articles of Association. The petitioner has, therefore, filed the present petition for a writ of mandamus or any other appropriate writ to direct the Stock Exchange to file the requisite Form No. 23 with amended Articles of Association of the respondent Co...
New India Assurance Co. Ltd. Vs. Surtaji Panchaji Sodha
Court: Gujarat
Decided on: Sep-21-1999
Reported in: 2001ACJ609
Bhatt and Buch, JJ. 1. This is an appeal filed by the insurance company professed to be under Section 173 of the Motor Vehicles Act, 1988. The appellant herein challenges the order dated 30.1.1999 passed by the Motor Accidents Claims Tribunal (Aux.), Kachh, below Exh. 19 in Motor Accident Claim Petition No. 641 of 1995.2. In the context of the appeal, it must be noted that the original claimants had filed Motor Accident Claim Petition No. 641 of 1995 as substantive petition for compensation under the provisions of Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the said Act'). It is during the pendency of this petition under Section 166 of the Act, the present application Exh. 19 is preferred for interim compensation on the basis of structured formula, the said application Exh. 19 having been preferred under Section 163-A of the said Act.3. It is also pertinent to note that this application Exh. 19 also makes it clear that although the applicants had preferred ...
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