Gujarat Court November 2000 Judgments
Naresh @ Rakesh Premjibhai Patel Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Nov-30-2000
Reported in: (2001)2GLR1734
J.R. Vora, J. 1. By way of this petition under Art. 226 of the Constitution of. India, the petitioner has challenged his detention order passed against him by the Police Commissioner, Rajkot City on 3-8-1999 in exercise of the powers conferred upon him under Section 3(1) of the Gujarat Prevention of Anti-Social Activities Act, 1985 ('P.A.S.A. Act' for short). The petitioner was detained in pursuance of the said order from 21-6-2000. 2. The grounds of detention placed on record reveal that the detaining authority has taken into consideration the following 8 crimes registered against him : 1. C.R. No. 704 of 1998 at B Division Police Station, Rajkot on 1-11-1998. 2. C.R. No. 751 of 1998 at B Division Police Station, Rajkot on 16-11-1998. 3. C.R. No. 771 of 1998 at B Division Police Station, Rajkot on 21-11-1998. 4. C.R. No. 822 of 1998 at B Division Police Station, Rajkot on 10-12-1998. 5. C.R. No. 23 of 1999 at B Division Police Station, Rajkot on 10-1-1999. 6. C.R. No. 40 of 1999 ...
Tag this Judgment!Thakore Chamanji Mavaji and ors. Vs. State of Gujarat
Court: Gujarat
Decided on: Nov-30-2000
Reported in: (2001)3GLR1947
A.L. Dave, J. 1. The appellants herein have preferred this appeal to challenge the judgment and order passed by learned Additional Sessions Judge, Banaskantha, at Palanpur, in Sessions Case No. 30 of 1992 on November 7, 1992, convicting all of them for offences punishable under Secs. 302, 324 and 325 read with Section 114 of Indian Penal Code (I.P.C.), and Secs. 506(2) and 447 of I.P.C.2. An incident occurred on August 29, 1991 in the outskirts of village Surana, taluka Deodar, district Banaskantha, at about 8-30 a.m. in the field of Dayaram Ramchandra, resident of village Surana. The field is known as Thumbadiwala. As per the First Information Report lodged -by Dayaram Ramchandra, on the date of the incident, i.e., on 19-8-1991, at about 8-30 a.m., when he went to the field, he saw that Thakore Chamanji Mavaji, Balvahtji Chatnanji, Jayantiji Chamanji and Champaben, wife of Chamanji Mavaji were in me field and were erecting a canal (Dhalio) for taking the water to their adjoining field...
Tag this Judgment!Shantaben Gordhandas Bhatt Vs. Gujarat State Road Transport Corporatio ...
Court: Gujarat
Decided on: Nov-30-2000
Reported in: 2002ACJ1714
M.R. Calla, J.1. Both these First Appeals filed by the original claimants are directed against the judgment and award dated 12th August 1991 passed by the Motor Accident Claims Tribunal (Main), Rajkot whereby several M.A.C. Petitions including the Motor Accident Claim Cases Nos. 53/85 and 54/85 in relation to the accident dt.13.10.84 were decided. First Appeal no. 2149/92 arises out of M.A.C.P. no. 54/85 and First Appeal no. 2150/92 arises out of M.A.C.P no. 53/85. It relates to an accident which took place on 13th Oct. 1984 at or about 11.00 a.m. between Ahmedabad and Jamnagar beyond Rajkot at Paddhari. In this accident, the Gujarat State Road Transport Corporation's (GSRTC) bus, i.e. ST Luxury Bus no. GRR 9492 collided with a truck public carrier no. GTX 2603 on the said date. One Dr.Shobhanaben H. Trivedi was travelling as a bonafide passenger in the ST Luxury Bus as she was to go to Jamnagar as an Examiner for MD Examinations. In this accident, she sustained serious injuries for wh...
Tag this Judgment!Gujarat State Co-operative Bank Ltd. Vs. Commissioner of Income-tax
Court: Gujarat
Decided on: Nov-29-2000
Reported in: (2001)167CTR(Guj)34; [2001]250ITR229(Guj)
M.S. Shah, J. 1. Reference No. 48 of 1999 under s. 256(1) of the IT Act, 1961 (hereinafter referred to as "the Act"), at the instance of the assessee, arises from the judgment dt. 3rd December, 1997, of the Tribunal, Ahmedabad Bench (hereinafter referred to as "the Tribunal"), in Appeal No. 3796, 3797, 4482, 4483, 4810 and 4311/Ahd.95 for the asst. yrs. 1988-89, and 1990-91 to 1994-95. Tax Ref. No. 49 of 1999 is made at the instance of the Revenue in respect of the rectification order dt. 24th September, 1998, in Misc. Appln. No. 26/Ahd/1998. Tax Appeals are filed by the Revenue under s. 260A of the Act against the orders dt. 6th October, 1998, passed by the Tribunal in Misc. Appln. No. 27/Ahd/1998 and cognate applications of the assessee for rectification of the aforesaid judgment of the Tribunal. In view of the fact that the questions referred to this Court and the questions raised in the Tax Appeals are interconnected and involve interpretation of the same statutory provision viz., ...
Tag this Judgment!Bhikhubha Balubhai Jadeja Vs. State of Gujarat
Court: Gujarat
Decided on: Nov-29-2000
Reported in: [2001(88)FLR822]; (2001)GLR116
H.K. Rathod, J.1. The petitioner herein is serving as a Police Inspector in Jamnagar 'B' Division Police Station since 11th November, 1995. He had joined services in the said Department as a Police Constable in the year 1965 and had thus rendered 35 years of meritorious and satisfactory services. However, by Order dated 17th June, 1999 issued by the DSP, Jamnagar, the petitioner is transferred from Jamnagar City 'B' Division Police Station to ACB Jamnagar. The petitioner has recently taken over the charge as Police Inspector, Jamnagar City 'B' Division Police Station on and with effect from 21st June, 2000. The elections of the Corporator of Jamnagar Municipal Corporation and members of the Panchayat were conducted on 17th September, 2000 and 24th September, 2000 respectively and the counting of votes had been conducted on 29th September, 2000 and 30th September, 2000. The petitioner had been on duty due to elections on 29th September, 2000 from 6.30 hours to 24.00 hours and on 30th Se...
Tag this Judgment!State of Gujarat and anr. Vs. Lilaben Chamar
Court: Gujarat
Decided on: Nov-29-2000
Reported in: (2002)IVLLJ465Guj
J.N. Bhatt, J.1. The short, but interesting question which arises in this LPA under Clause 715 of the Letters Patent is, as to whether the confirmation of the award by the order of the learned single Judge, dated March 29, 2000, in Civil Application No. 14584/1999 in Special Civil Application No. 5829/1998, whereby, the respondent-original petitioner succeeded and the appellant came to be directed to extend the benefits accruing and arising pursuant to the Government Resolution dated October 17, 1988, is justified or not, in the fact situation of the present case. We have heard the learned AGP, Ms. Siddhi Talati and we have also dispassionately considered the record of the present appeals and, in our opinion, the impugned order of the learned single Judge could not be shown to be, in any way, vulnerable or nothing has been spelt out from the record, which would warrant our interference in exercise of powers under Clause 15 of the Letters Patent.2. Since we find that the impugned order ...
Tag this Judgment!State of Gujarat Vs. Lilaben K. Chamar
Court: Gujarat
Decided on: Nov-29-2000
Reported in: [2001(90)FLR1145]
J.N. Bhatt, J.1. The short, but interesting question which arises in this LPA under Clause 15 of the Letters Patent is, as to whether the confirmation of the award by the order of the learned Single Judge, dated 29.3.2000, in Civil Application No.14584/99 in Special Civil Application No.5829/98, whereby, the respondent-original petitioner succeeded and the appellant came to be directed to extend the benefits accruing and arising pursuant to the Government Resolution dated 17.10.1988, is justified or not, in the fact-situation of the present case. We have heard the learned AGP, Ms. Siddhi Talati and we have also dispassionately considered the record of the present appeal and, in our opinion, the impugned order of the learned Single Judge could not be shown to be, in any way, vulnerable or nothing has been spell-out from the record, which would warrant our interference in exercise of powers under Clause 15 of the Letters Patent.2. Since we find that the impugned order requires no interfe...
Tag this Judgment!Ahmedabad Green Belt Khedut Mandal Vs. State of Gujarat Through Secret ...
Court: Gujarat
Decided on: Nov-24-2000
Reported in: (2001)1GLR888
D.M. Dharmadhikari, C.J.1. This petition under Article 226 of the Constitution had been preferred by an Association of Land Owners within the development area of Ahmedabad Development Authority. This petition shall also decide the group of other petitions mentioned above as common questions of law arise for decision.2. The petitioners challenge the constitutional validity of the provisions of Section 12 of the Gujarat Town Planning and Urban Development (Amendment) Act, 1999 (Gujarat Act No. II of 1999), whereby amongst other provisions, amendment has been introduced by substituting impugned clause (jj) in sub-section (3) of Section 40 of the Parent Act, i.e., The Gujarat Town Planning and Urban Development Act, 1976 (hereinafter referred to shortly as 'the Parent Act' and the 'Amendment Act' respectively). The Parent Act of 1976 in the State of Gujarat is successor to the Bombay Town Planning Act of 1954 which was applicable to the new State of Gujarat. The Preamble of the Parent Act ...
Tag this Judgment!Pirmohammad Ibrahim Vs. Manilal Gopaldas Patel and anr.
Court: Gujarat
Decided on: Nov-24-2000
Reported in: (2001)2GLR1785
H.H. Mehta, J.1. This is a Criminal Revision Application under Section 401 of the Criminal Procedure Code, 1973 (for short 'the Cr.P.C.') filed by original accused of Criminal Case No. 1061 of 1982 which was pending onthe file of the learned Judicial Magistrate, First Class, Patan (who will be referred to hereinafter as the learned Judge of the trial Court for brevity), by which he has challenged the correctness, legality and propriety of judgment Ex. 7 dated 29-4-1989 rendered by the learned Additional Sessions Judge, Mahesana (who will be referred to as the learned Appellate Judge).2. In Criminal Case No. 1061 of 1982, the accused was tried for an offence punishable under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (in short 'the Act') for contravention of Section 7 of the Act, and on the trial being over, the learned Magistrate by rendering his Judgment Ex. 73 dated 30-9-1988 passed an order of conviction and sentence and by that order of conviction and sent...
Tag this Judgment!Commissioner of Income-tax Vs. Light Publication Ltd.
Court: Gujarat
Decided on: Nov-24-2000
Reported in: [2001]251ITR120(Guj)
A.R. Dave, J. 1. As the questions referred to this court in all these references are common, at the request of the learned advocates, the references are heard together and are disposed of by this common judgment. 2. At the instance of the Revenue, the following two questions of law have been referred to this court by the Income-tax Appellate Tribunal, Ahmeda-bad Bench 'C', under the provisions of Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'). '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 status of the assessee-company should be treated as a public limited company 2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in coming to the conclusion that notwithstanding the provisions of Section 2(18) of the Income-tax Act, 1961, the status of the assessee-company should be taken as a public limited company ?' 3. The short question w...
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