Gujarat Court November 2000 Judgments
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State of Gujarat Vs. Rajesh D. Thakkar and ors.
Court: Gujarat
Decided on: Nov-17-2000
Reported in: (2001)2GLR1731
D.A. Mehta, J. 1. The State of Gujarat has come up in appeal against the order dated 3-9-1991 passed by the Chief Judicial Magistrate, Kutch-Bhuj in Criminal Case No. 821 of 1988 whereby the respondents herein have been acquitted of the alleged offence punishable under Sees. 7 and 16 of the Prevention of Food Adulteration Act. 2. On 28-11-1984 at around 15-45 hrs. one Shri R. V. Dodia, Food Inspector went to the shop of the respondent No. 3 i.e., partnership firm-Naranji Nenshi and Company located at main bazar, Kutch-Bhuj and in presence of panch witnesses purchased 300 grams, katho. The usual procedure for sending it to the Public Analyst was duly followed and accordingly one part in sealed bottle was forwarded on 29-11-1994 to Public Analyst, Kutch-Bhuj. On the same day i.e. on 29-11-1994, the remaining two parts of the sample were sent to the Local Health Authority. On receipt of the report of the Public Analyst, the Local Health Authority was approached seeking permission to prose...
Arvindbhai N. Patel and anr. Vs. Savitaben Wd/O Chaturbhai Prabhudas P ...
Court: Gujarat
Decided on: Nov-17-2000
Reported in: (2001)3GLR2744
R.R. Tripathi, J.1. The present petition is fifed under Article 227 of the Constitution of India, being aggrieved of the judgment and order dated 23-11-1990, passed by the Honourable Gujarat Revenue Tribunal in Revision Application No. TEN. C. A. 14 of 1988.2. The facts leading to the present petition are as under :That the petitioners had filed an application in the Court of the Mamlatdar & A.L.T., being Tenancy Case No. 400 of 1975 alleging that they were the tenants of suit Survey numbers (11 in all) and that they may be declared tenants of the suit survey numbers. Respondent No. 8, Shri Manibhai Prabhudas Patel had also filed an application seeking directions to declare him to be the tenant of the same Survey Nos. under Section 70(b) of the Bombay Tenancy and Agricultural Lands Act, 1948. The same was given Tenancy Case No. 153 of 1981. Said Manibhai had also filed Civil Suit No. 63 of 1975 in the Court of learnedCivil Judge, who had referred the issue of tenancy to the Mamlatdar &...
indrapalsinh P. Chauhan Vs. State of Gujarat
Court: Gujarat
Decided on: Nov-17-2000
Reported in: (2001)GLR223
H.K. Rathod, J.1. Mr. B.P. Tanna, learned Senior Advocate on behalf of the petitioner and Ms. Manisha Lavkumar, learned AGP appearing on behalf of the respondents.2. In the present Special Civil Application, wherein, notice has been issued making it returnable on 24th February, 1993 by order dated 11th February, 1993 and at the same time, by way of interim order, it was also directed that One post of Junior Clerk shall be kept vacant under respondent No.3, till then. Subsequently, RULE was issued by this Court making it returnable on 29th March, 1993 and earlier interim relief was directed to continue by order dated 24th February, 1993.3. The brief facts giving rise to the present petition are as under :-The petitioner's father worked for more than 22 years under Shri Madhyamik Shala, Sanjeli, which was run by the respondent No.3. The father of the petitioner died due to cancer on 18th September, 1985. The petitioner who had passed SSC and studying in T.Y.BA at that time and the petiti...
Shivlal Manilal Patel Vs. Jamnagar Municipal Corporation
Court: Gujarat
Decided on: Nov-17-2000
Reported in: (2001)GLR801
J.N. Bhatt, J.1. Could the order of the respondent Jamnagar Municipal Corporation (Corporation) compulsorily retiring the petitioner from service at the age of 55 with effect from 30.11.87, from the post of Steno-typist recorded by the then Commissioner, be said to be illegal, without authority, unconstitutional or in any way vulnerable This is the sole question which has been posed in this petition under Article 226 of the Constitution of India.2. The skeleton projection of facts leading to the rise of this petition may be highlighted, at first.3. The petitioner was employed and was working as English Typist with the respondent Corporation. He was promoted as Steno/PA in course of his service and retired from service, compulsorily, by the Corporation at the age of 55. The petitioner remained in service of the Corporation for period of 36 years. The petitioner had relied on some certificates of his having done good work in service in support of his plea that the order of compulsory ret...
Shantilal Keshavlal Patel Vs. G.S.R.T. Corpn.
Court: Gujarat
Decided on: Nov-17-2000
Reported in: [2001(91)FLR1070]
S.K. Keshote, J.1. Heard the learned counsel for the parties.2. Rule. The learned counsel for the respondents waives services of Rule on behalf of respondents.3. The petitioner was dismissed from services on the misconduct of remaining absent from duty under the order of the respondents dated 15th December, 1986. The respondents filed an application for approval of this action which came to be rejected on 9.1.89 by the Conciliation Officer, Surat. That order dated 9.1.89 of the Conciliation Officer has been challenged by respondents in this court in the special civil application No.4191/89. Though that petition has been admitted on 18th December, 1990 but interim relief has not been granted. The special civil application No.4191/89 has been dismissed. When the Conciliation Officer has declined to grant approval to the action of the respondents to dismiss the petitioner from services and this court has not protected the respondents, the petitioner is entitled for all consequential benef...
Ashish G. Joshi Vs. Gujarat University
Court: Gujarat
Decided on: Nov-17-2000
Reported in: (2001)GLR39
R.M. Doshit, J. 1. Heard the learned advocates.2. This petition challenges the order of the Post Graduate Admission Committee of the respondent-University on the representation made by the petitioner seeking admission to the Post Graduate Medical Course. It appears that the petitioner has passed his Third Year MBBS Examination at fourth trial (according to the Admission Committee). He having passed the Third Year MBBS Examination at the fourth trial, he was denied admission to Post Graduate Medical course. Feeling aggrieved, the petitioner had preferred Special Civil Application No. 6384/92. By an order dated 29th September, 1992, made by the Division Bench of this court (Coram : A.P. Ravani (as he then was) and Y.B. Bhatt JJ), the impugned decision of the Admission Committee was quashed and set aside and the petitioner was directed to appear before the Admission Committee of the University and the Admission Committee of the University was directed to take decision in accordance with l...
Dy. Commissioner of Central Excise Vs. Atul Ltd.
Court: Gujarat
Decided on: Nov-17-2000
Reported in: 2003(162)ELT35(Guj)
ORDERB.C. Patil, J.1. Mr. Trivedi, learned Counsel appearing for the Revenue, submitted that the Court, while passing an order in Special Civil Application No. 6020 of 2000 and in other matter on 12-7-2000 while making the Revenue liable to pay the interest, has relied on the circular. No doubt, it is true that it has reference to Section 11BB of the Central Excise Act, 1944. In the instant case, what we find is that there was gross delay in the case of Modvat credit. The petitioners approached on several occasions to the officers of the Revenue. In one case, it was stated that on submitting the bank guarantee to the tune of 25% of the amount and further bond for the remaining amount, difference will be paid.2. Mr. Trivedi, learned Counsel stated that he has no grievance about the Court directing to pay the interest. However, he submitted that the circular, which is issued under Section 37B with reference to Section 11BB of the Central Excise Act in earlier cases of Modvat credit, may ...
Omkar S. Kanwar Vs. Union of India (Uoi) and ors.
Court: Gujarat
Decided on: Nov-14-2000
Reported in: [2002]254ITR337(Guj)
D.M. Dharmadhikari, C.J.1. The petitioners in this group of matters are all top executive officers working in different units of the company, Apollo Tyres Ltd. By these petitions under article 226 of the Constitution of India, a prayer is made to read down or interpret in favour of the petitioners the provisions of para. 2 of the Kar Vivad Samadhan Scheme (Removal of Difficulties) Order, 1998 issued by the Central Government in exercise of powers conferred by Section 97(1) of the Finance (No. 2) Act, 1998, promulgating Kar Vivad Samadhan Scheme, 1998 (hereinafter referred to as 'KVS Scheme' and as the 'order of 1998' issued thereunder).2. The alternative prayer made by the petitioners is for declaring the impugned para. 2 of the Order of 1998, dated December 8, 1998, to be discriminatory and ultra vires article 14 of the Constitution of India.3. The occasion to challenge the Order of 1998 issued under the Kar Vivad Samadhan Scheme arose on the following legal and factual developments.4...
Commissioner of Income-tax Vs. Garden Silk Mills Pvt. Ltd.
Court: Gujarat
Decided on: Nov-14-2000
Reported in: [2001]252ITR804(Guj)
D.M. Dharmadhikari, C.J.1. In this reference made to this court at the instance of the Revenue for the assessment years 1975-76, 1976-77 and 1978-79, the following questions of law have been posed for our answer :'(i) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in coming to the conclusion that the assessee was entitled to extra-shift allowance on air-conditioning plant ? (ii) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in coming to the conclusion that the assessee was entitled to a deduction of the sum of Rs. 58,250 paid to the income-tax practitioners in respect of the proceedings of Garden Silk Weaving Factory ? (iii) 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 80VV of the Income-tax Act, 1961, the assessee was entitled to a deduction in respect of the sum of Rs. 58,250 paid...
State of Gujarat Vs. Parshottam Narsibhai Chauhan and anr.
Court: Gujarat
Decided on: Nov-14-2000
Reported in: (2001)1GLR913
1. The State of Gujarat has, by preferring this Criminal Revision Application under Sec. 397 of the Criminal Procedure Code, 1973 (for short the 'Cr.P.C.'), challenged the correctness, legality and propriety of order dt. 29th May, 1993 passed below complaint lodged by Parshottam Narsibhai Chauhan who is a revision -opponent no.1 in this Criminal Revision Application against accused Ramesh Patel who is a revision-opponent no.2 and others. On or about 29th May, 1993 that complaint came to be registered as Court Inquiry No.279 of 1993 on the file of the Chief Judicial Magistrate, Rajkot.2. The facts leading to this present Criminal Revision Application, in a nut shell, are as follows:-The complainant lodged his complaint against accused for offences punishable under Secs. 406, 520-504 , 120-B read with Sec. 114 and 506(2) of the Indian Penal Code. On the date on which the complainant lodged his complaint, the learned Chief Judicial Magistrate, Rajkot instead of taking cognizance of offenc...
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