Gujarat Court November 2000 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Omkar S. Kanwar Vs. Union of India
Court: Gujarat
Decided on: Nov-14-2000
Reported in: (2001)170CTR(Guj)354
In the Gujarat High Court D.M. Dharmadhikari, C.J. & A.R. Dave, J.Judgment D.M. Dharmadhikari, C.J.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, prayer is made to read down or interpret in favour of the petitioners the provisions of para 2 of Kar Vivad Samadhan Scheme, (Removal of Difficulties) Order, 1998, issued by the Central Government in exercise of powers conferred by section 97(l) 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 8-12-1998, 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 KVS Scheme arose on th...
Rajesh M. Jani Vs. Registrar, Metropolitian Magistrate Court
Court: Gujarat
Decided on: Nov-14-2000
Reported in: (2001)GLR21
J.N. Bhatt, J.1. The appellant-original petitioner has assailed the judgment and order dated 21.2.2000 recorded in Special Civil Application No.10306 of 1999 by the learned Single Judge and also the order dated 3.7.2000 passed in Misc. Civil Application No.974 of 2000 in Special Civil Application No.10306/99 passed by the learned Single Judge, whereby, an application for review of the order dated 21.2.2000 came to be dismissed, by invoking aids of the provisions of clause 15 of the Letters Patent Act, 1865.2. A skeleton projection of facts giving rise to filing a writ petition and failing therein, to the Letters Patent Appeal on hand, may be articulated shortly at this stage.3. The appellant-original petitioner, who was working as Assistant in the Metropolitan Magistrate Court, Ahmedabad, remained absent from duty without leave or intimation on various occasions. Show cause notices were served on account of his persistent absence from duty. The explanation offered by the petitioner for...
Omkar S. Kanwar Vs. Union of India (Uoi)
Court: Gujarat
Decided on: Nov-14-2000
Reported in: (2000)4GLR2903
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, prayer is made to read down or interpret in favour of the petitioners the provisions of para 2 of 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 8.12.1998 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 KVS Scheme arose on the following legal and factual developments.4. The Company Apollo Tyres Ltd. was ...
Shantaben Govindlal Patel Vs. Commissioner of Income Tax
Court: Gujarat
Decided on: Nov-14-2000
Reported in: (2001)165CTR(Guj)722
D.M. Dharmadhikari, C.J. :At the instance of the assessee under section 256(1) of the Income Tax Act, 1961, the following question of law has been referred to this court for answer :'Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the benefit of section 54E and section 155(10B) is not available to the assessee to whom full capital gains accrued in assessment year 1974-75, even though in the present case the enhanced compensation was admittedly received on 22-11-1978, and 30-1-1979, when the provisions of both the sections had already been brought on statute book ?'2. Under section 45 of the Act, any profit or gain arising from transfer of a capital asset is chargeable to income-tax under the head 'capital gain' by treating the same as income of the previous year in which the transfer took place. Section 54F was introduced in the Act by Finance Act, 2/1977 with effect from 1-4-1978, for the purpose of exempting capital gain from ...
Sahinda Abdulla Nathalwala Vs. State of Gujarat
Court: Gujarat
Decided on: Nov-13-2000
Reported in: (2001)2GLR1646
H.H. Mehta, J.1. The Revision Petitioner, who is a wife of Revision Opponent No. 2 has, by filing this Criminal Revision Application under Section 397 of the Criminal Procedure Code, 1973, (In short 'Cr. P. C.') challenged the legality, correctness and propriety of judgment Exh. 23 dated 20th September, 1997, rendered by the learned Sessions Judge, Surat, (who will be referred to as 'the learned Judge of the Revisional Court') in Criminal Revision Application No. 130 of 1996.2. The facts leading to this present Criminal Revision Application, in a nutshell are as follows :2.1 Applicant-Bai Sahinda Abdulla Natlialwala filed one Maintenance Application under Section 125 of Cr. P. C. for herself and for her one minor child against her husband Arif Salim Memon in the Court of learned J.M.F.C., 2nd Court, Surat, (who will be referred to hereinafter as 'the learned Magistrate'). That Maintenance Application came to be registered as Maintenance Application No. 40 of 1993. As per facts stated i...
Jashvantkumar J. Desai Vs. Sabarkantha District Panchayat and ors.
Court: Gujarat
Decided on: Nov-10-2000
Reported in: (2001)1GLR860
R.K. Abichandani, J. 1. These two matters have been heard together because the points involved are similar. 2. In Special Civil Application No. 708 of 1989, the petitioner, who was working as a work-charge clerk from time to time on periodic appointments in the office of the respondent No. 2 - Executive Engineer, District Panchayat, Sabarkantha, seeks a direction on the respondents to absorb him in service with full back wages by treating him in continuous service from the date of his initial appointment i.e., from 4-6-1984. According to him, between June, 1984 to November 1985, under the periodic orders of appointment for 29 days, he had completed service of more than 19 months. Thereafter, by an order dated 7-10-1985, his services were put at the disposal of the Deputy Executive Engineer, Roads & Building Sub Division, Idar for appointment on 29 days basis. He was relieved from duty from the scarcity works as per the order dated 30th July, 1988, and was not allowed to resume his duty...
Dy. Conservator of Forest Vs. Shramjivi General Workers' Union
Court: Gujarat
Decided on: Nov-10-2000
Reported in: [2001(89)FLR213]; (2001)ILLJ458Guj
P.B. Majmudar, J. 1. Deputy Conservator of Forest (Extension Division), Palanpur has filed this petition under Article 227 of the Constitution of India challenging the award of Industrial Tribunal, Ahmedabad passed in Reference (IT) No. 247 of 1989. 2. By the aforesaid award the Industrial Tribunal, Ahmedabad has accepted certain demands raised by the workmen serving under the Forest Department at Palanpur. The respondent - Shramjivi General Workers Union, Palanpur, Banaskantha had raised industrial dispute which was referred for adjudication under Section 10(1) of the Act by the Government of Gujarat, Labour and Employment Department, Gandhinagar to the Industrial Tribunal, Ahmedabad for its adjudication. 3. The aforesaid dispute relates to various demands relating to daily wage workers who are being represented by Shramjivi General Workers Union, Palanpur, 13 demands were raised by the Union and those demands are as under : (1) Those rojamdar employees serving under the Deputy Conser...
Damodar K. Shah Vs. Cit
Court: Gujarat
Decided on: Nov-10-2000
Reported in: (2001)166CTR(Guj)429
D.M. Dharmadhikari, C.J.For the assessment years 1979-80 and 1980-81, at the instance of the assessee, the following three questions of law based on interpretation of section 64(1)(iv) of the Income Tax Act, 1961, have been referred and all the three questions deserve a common answer :'(1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that there was any transfer directly or indirectly by the assessee to his wife within the meaning of section 64, Income Tax Act, 1961, when the assessee took out a policy of insurance under section 6 of the Married Womens Property Act, 1874 ?(2) If question no. 1 is answered in the affirmative, whether on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that there was consideration for the said transfer within the meaning of section 64, Income Tax Act, 1961 ?(3) Whether, on the facts and in the circumstances of the case, the interest earned by the wife of th...
Sunil Ratilal Shah Vs. New India Assurance Co. Ltd.
Court: Gujarat
Decided on: Nov-10-2000
Reported in: (2001)GLR239
H.K. Rathod, J.1. Whenever you are in doubt, apply the following test. Recall the face of the poorest and the weakest man whom you may have seen, and ask yourself if the step you contemplate is going to be of any use to him.2. When a defect appears a Judge cannot simply fold his hands and blame the draftsman. He must set to work on the constructive task of finding the intention of Parliament ... and then he must supplement the written words so as to give force and life to the intention of legislature. A Judge should ask himself question how, if the makers of the Act had themselves come across this ruck to the texture of it, they would have straightened it out He must then do as they would have done. A judge must not alter the material of which the Act is woven, but he can and should iron out the creases.3. Orality ad libitum may be the grounds of Victorian era advocacy but in our 'needy' Republic with crowded dockets, forensic brevity is a necessity. The Bench and the Bar must fabricat...
Pravinbai Ganeshbhai Chaudhary Vs. Neutral Glass and Allied Industries ...
Court: Gujarat
Decided on: Nov-09-2000
Reported in: (2002)ILLJ71Guj
M.S. Shah, J.1. In this revision application under Section 401 of the Criminal Procedure Code, the petitioner, an ex-employee of the respondent-company, has challenged the order passed by the learned JMFC, Surat, under Section 630 of the Companies Act, 1956 (hereinafter referred to as 'the Companies Act'), as confirmed by the learned Sessions Judge, Surat, requiring the petitioner to vacate the quarters allotted by the respondent-company upon dismissal of the petitioner from service. The petitioner has also challenged the constitutional validity of Section 630 of the Companies Act on various grounds.2. The facts leading to filing of the petition, briefly stated, are as under: The petitioner was employed as a fitter by the respondent-company on May 2, 1990. The, company passed an order dated January 28, 1997, dismissing the petitioner from service after holding a departmental inquiry. Thereafter, the company also moved the Court of the learned JMFC, Surat, under Section 630 of the Compa...
- ‹ Prev
- 1
- 2
- 3
- 5
- Next ›
- Last »