Gujarat Court February 2000 Judgments
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Director, Govt. Printing and Stationery Department and anr. Vs. S.L. S ...
Court: Gujarat
Decided on: Feb-08-2000
Reported in: (2001)2GLR1563
R.M. Doshit, J.1. Heard the learned Advocates. With the consent of the learned Advocates, the matters are finally heard and disposed of by this common judgment.2. The petitioners in all these petitions are the Director, Printing & Stationery Department and the State Government. All these petitions are preferred against the common judgment and order dated 13th November, 1998 passed by the Gujarat Civil Services Tribunal [hereinafter referred to as, 'the Tribunal'] in Appeal Nos. 25 of 1998, 28 of 1998, 172 of 1998. 173 of 1998 and 179 of 1998. The appellants before the Tribunal are the respondent No. 1 before this Court. All these appellants are the servants of the petitioners. They were serving as packer/packing checkers. It was the claim of the appellants that irrespective of any rules, the appellants being Class-IV servants were entitled to continue in service till they attain the age of 60 years. While the petitioners maintain that the cadre of packers/ packing checkers being a Clas...
Saurashtra Employees Union Vs. Sub-divisional Officer
Court: Gujarat
Decided on: Feb-08-2000
Reported in: [2000(86)FLR849]; (2000)2GLR307; (2000)IILLJ797Guj
Y.B. Bhatt, J. 1. This is a petition under Article 227 of the Constitution of India though styled as one under Articles 226 and 227 of the Constitution of India. 2. The petitioner herein is a registered trade union, which seeks to espouse the cause of one of its workmen. The facts and dates relevant to the present controversy are not in dispute. The workman was engaged as a casual labourer by the employer on January 1, 1986, and as per the assertions of the workman, he was terminated with effect from August 31, 1988. Thereafter the workman remained silent and complacent until April 15, 1998 when he first filed a complaint to the Councillor Officer. The Failure Report dated June 29, 1998 was filed by the Assistant Labour Commissioner (Adipur-Kutch), which was received by the relevant Ministry on July 7, 1998. By an order passed by a concerned officer under the provisions of Section 19(1) of the Industrial Disputes Act, it was found that the Ministry does not consider the dispute fit for...
Gujarat State Road Transport Corporation Vs. Isuf Ismail Mansuri and o ...
Court: Gujarat
Decided on: Feb-08-2000
Reported in: 2001ACJ1152; (2000)2GLR679
D.C. Srivastava, J. 1. These 11 appeals arising out of the same accident involving common questions of law and facts are proposed to be disposed of by a common judgment.2. On 17.5.1982, there was head-on collision between the appellant's bus No. GRR 8270 and mini truck-cum-Tempo No. GRQ 5622 near Bakrol-Alindra Patiya on Halol-Kalol Road. It is in the evidence that there were 95 passengers in the S.T. bus and 16 passengers in the mini truck who were having two mounds of timber leaves each. On account of head-on collision, the driver of the S.T. bus died on the spot. Two passengers also died on the spot. In all 3 persons died on the spot and 28 sustained injuries. 31 claim petitions were filed on behalf of the injured and legal representatives of the deceased. It was alleged that the driver of the S.T. bus was driving it rashly and negligently and after the head-on collision he could not control the bus and the bus went towards the left side and ultimately fell in a ditch on account of ...
New India Assurance Co. Ltd. Vs. Shantaben and ors.
Court: Gujarat
Decided on: Feb-08-2000
Reported in: 2002ACJ394
D.C. Srivastava, J.1. These three appeals arising out of the same accident involving common question of law and fact can be disposed of by common judgment.2. These appeals have been preferred by the New India Assurance Co. Ltd., challenging the award on the ground that the insurance company is not liable to pay any compensation to the claimants.3. It appears from the record that the accident took place on 17.8.82, on Ankle-shwar-Rajpipla Road at about 7.30 p.m., wherein truck No. GTK 5576 insured with the appellant turned turtle and fell into a ravine as a result thereof one person died and others received injuries. It was alleged that because the truck was being driven rashly and negligently at a very fast speed hence the accident occurred. The opponent No. 1 in the Tribunal was driver whereas opponent No. 2 was the owner of the truck and the opponent No. 3 is the insurance company.4. The claim petition was contested on variety of grounds including denial of allegation that the truck ...
Champaklal Jayantilal Gadani Vs. Lataben Champaklal Gadani
Court: Gujarat
Decided on: Feb-08-2000
Reported in: I(2001)DMC199
M.R. Calla, J. 1. Heard learned Counsel. This first appeal filed by the husband, arises out of the proceedings which were held under the Hindu Marriage Act whereby a decree had been passed for dissolution of marriage on the basis of an earlier decree of judicial separation. By the judgment and award dated 29th October, 1999, the Judge, City Civil Court at Ahmedabad has allowed the Hindu Marriage Petition No. 366/96 as was filed by the husband. The marriage of the parties to the petition which was solemnised on 10th December, 1992, has been dissolved by the decree of divorce and the custody of the son has been allowed to be retained by the mother and that of the daughter with the father i.e. the present appellant who was original petitioner. This part of the decree is not contested by the present appellant.2. What is challenged before this Court is the later part of the decree whereby the Court has ordered that the wife and the son shall respectively get a sum of Rs. 2,000/- per month, ...
Commissioner of Income Tax Vs. Gujarat Agro Oil Enterprises
Court: Gujarat
Decided on: Feb-07-2000
Reported in: [2000]244ITR3(Guj)
J.N. Bhatt, J. 1. The Tribunal has referred the following two questions for our opinion arising out of ITA Nos. 652 & 653/Ahd/1983. In relation to asst. yrs. 1978-79 and 1979-80 : '1. Whether, on the facts and in the circumstances of the case, the finding of the Tribunal that the assessee is entitled to carry forward the claim of relief under s. 80J of the IT Act, 1961, relevant to the years when the assessee suffered loss and is entitled to get the said relief in the year in which the assessee had profits is correct in law ?' '2. Whether the deduction under s. 80J of the IT Act, 1961, is permissible even when claim has not been made by the assessee in first or the relevant assessment year if there was a loss in such year and it will be a sufficient compliance if such a claim is made when there is profit or gain against which the deduction could be adjusted ?' 2. The material facts, in nutshell, giving rise to this reference may be started, first. The assessee claimed relief under s. 8...
Commissioner of Income-tax Vs. Nathalal Karsandas
Court: Gujarat
Decided on: Feb-07-2000
Reported in: [2000]246ITR784(Guj)
J.N. Bhatt, J.1. The Income-tax Appellate Tribunal, Ahmedabad Bench B, has referred the following three questions for our opinion, arising out of I.T.A. No. 394/Ahd of 1982, relating to the assessment year 1979-80. '(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 assessee was entitled to registration of the firm under section 185 of the Income-tax Act, 1961 (2) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in cancelling the order passed by the Commissioner of Income-tax under section 263 of the Income-tax Act, 1961 (3) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the Gujarat High Court in the case of Laxmichand Hirjibhai v. CIT [1981] 128 ITR 747 was not applicable to the assessee's case though the assessment of the partners were completed when the Commissioner of Income-tax passed his order ?' 2. The firs...
Larsen and Toubro Limited Vs. Gujarat State Petroleum Corporation Limi ...
Court: Gujarat
Decided on: Feb-07-2000
Reported in: (2000)2GLR1814
R.K. Abichandani, J.1. The petitioner company challenges the decision of the respondent No. 2 in awarding Engineering, Procurement and Construction contract for natural gas fired combined cycle power plant at Hazira to the respondent No. 3 company. Initially when the petition was filed, the prayer was to quash the decision selecting the respondent No. 3 as EPC contractor, but later when it came to light that resolutions were already passed by the Management Committee and the Board of Directors and the contracts were entered into on 13th December, 1999, pursuant thereto between the respondents Nos. 1, 2 and 3, the resolutions and the contracts were also challenged by way of an additional prayer.2. The petitioner No. 1 is a multi-dimensional Engineering and Construction company in India's private sector, as stated in the petition. Its power project group caters to two major areas namely - (i) the large power plants, predominantly connected with the grid as an independent power project an...
Madhusudan Dharshibhai Tank Vs. M. Anwar
Court: Gujarat
Decided on: Feb-04-2000
Reported in: (2000)3GLR2403
Kundan Singh, J.1. By means of this petition the petitioner has sought for quashing the order dated 5-12-1998 Annexure-K whereby the penalty of removal from the service of the petitioner has been awarded with immediate effect in terms of para 10.1(b)(iii) and 10.3 of the Sainik School Society Rules and Regulations. 2. The petitioner joined as an Accountant in the service of the Sainik School, Balachadi (Jamnagar) on 1st July, 1981. Some anonymous letter written by S.S.B. members was received by the office of Local Board of Administration, Sainik School, Balachadi in September, 1987 wherein various allegations of corruption against the Principal-respondent were made. Another anonymous letter was also addressed to Mr. K. C. Pant, Defence Minister, Government of India, New Delhi which is said to have been written by the staff members making various allegations against the respondent received by the defence ministry on 22-4-1988. Copies of the first anonymous letter were also sent to the P...
Karmasad Medical Association Vs. State of Gujarat
Court: Gujarat
Decided on: Feb-04-2000
Reported in: (2000)2GLR1684
J.M. Panchal, J.1. The dispute, in these petitions, which are filed under Article 226 of the Constitution, relates to admission to Post Graduate Degrees and Diploma medical courses at the medical colleges affiliated to (i) Gujarat University, Ahmedabad, (ii) Maharaja Sayajirao University, Baroda, (iii) Saurashtra University, Rajkot, and (iv) South Gujarat University, Surat.2. Special Civil Application No. 5607/96 is filed as public interest litigation by an Association claiming to be a registered Association of the students undergoing studies in medical courses at Pramukh Swami Medical College, Karamsad, which is affiliated to Sardar Patel University, Vallabh Vidyanagar - Anand, District : heda. The main relief claimed therein is that as the rule enabling the above-referred to universities to give preference to their own students in the matter of giving admission to the post graduate medical courses, is unconstitutional, the Universities should be restrained from enforcing that rule an...
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