Gujarat Court March 2000 Judgments
Gujarat Electricity Board Vs. Chandrakanta Dyeing and Printing Mills
Court: Gujarat
Decided on: Mar-16-2000
Reported in: (2000)4GLR387
S.K. Keshote, J.1. Heard the learned counsel for the parties.2. In a matter of temporary injunction more so where a consumer of electricity committed theft of electricity, the grant thereof may not be as a matter of rule or right. A supplementary bill for a sum of Rs.16,66,565-99 was served upon the plaintiff respondent on 4-3-1993. The plaintiff- respondent instituted a suit being regular civil suit No.226 of 1993 in the court of Civil Judge (S.D.) at Surat for declaration and injunction. Prayer has been made for declaration that checking carried out by the officer of the petitioner Board on 2-3-1993, the kabulatnama got executed, the panchnama recorded were all false and no recovery could be made of the amount of the supplementary bill issued on the strength of such checking and that it may be declared that the action of the respondent - Board to disconnect the power supply of the petitioner is not proper. Prayer has been made for injunction and for restoration of the disconnected po...
Tag this Judgment!ito Vs. Gujarat Power Corp. Ltd.
Court: Gujarat
Decided on: Mar-16-2000
Reported in: (2002)172CTR(Guj)292
ORDERBy the CourtThis Tax Appeal has been filed at the instance of the revenue setting out the following question of law :'Whether the Tribunal is right in law and on facts in holding that the addition of Rs. 1,90,299 being preoperative interest is not permissible within the provisions of section 143(1)(a) of the Act ?'2. Brief facts pertaining to the case are as under :3. The respondent-assessee had filed a return of income for the assessment year 1991-92 showing 'nil' income as the company had commissioned its business during the relevant assessment year. Along with the return a note was filed to the effect that during the said assessment year the respondent-assessee had received a sum of Rs. 5.50 crores from the Government of Gujarat and from Gujarat Electricity Board as an advance towards share capital and as the said amount was not required by the respondent-company immediately, the respondent-company had deposited the same with a scheduled bank in short-term deposit and the compa...
Tag this Judgment!Rushabhkumar Keshavlal JaIn Vs. State of Gujarat
Court: Gujarat
Decided on: Mar-16-2000
Reported in: (2000)4GLR92
A.L. Dave, J.1. The District Magistrate, Ahmedabad, passed an order on December 16, 1999, in exercise of powers under Section 3(2) of the PASA Act, detaining the petitioner under the provisions of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 ('PBM Act' for short).2. In the grounds of detention, the detaining authority observed that cotton seed and pamoline oil in large quantity was traded in by the detenu in breach of Food Adulteration Rules. The petitioner was engaged in activities which are detrimental to smooth supply of such essential commodities for his personal gain and, therefore, he is required to be detained under the PBM Act in order to immediately prevent him from pursuing his activities. The authority also observed that other less drastic remedies are not possible to be resorted and detention under PBM Act is the only efficacious remedy for the purpose.3. The detenu has challenged the order of detention on various counts. ...
Tag this Judgment!Larsen and Toubro Limited and anr. Vs. Gujarat State Petroleum Corpora ...
Court: Gujarat
Decided on: Mar-15-2000
Reported in: (2001)2GLR934
D.M. Dharmadhikari, C.J.1. This Letters Patent Appeal was listed for admission, but we have heard alt the parties at length for decision of the case finally, keeping in view the urgency of the subject-matter, and the interim directions which were sought by the petitioner-appellant.2. This Letters Patent Appeal has been preferred under Clause 15 of the Letters Patent, against the order of learned single Judge dated 7th February, 2000, dismissing the Special Civil Application No. 10548 of 1999, preferred by the present appellant M/s. Larsen and Toubro Limited (hereinafter shortly referred as 'L. & T. Ltd.'); seeking intervention and directions in the matter of award of contract to Respondent No. 3 A.B.B. Kraftwerke AG, A.B.B. Power Generation Limited (hereinafter shortly referred as 'A.B.B. Ltd.'), for setting up of 160 M.W. Natural Gas Fired Combined Cycle Power Plant at Hazira, in the State of Gujarat. The two main contenders for the contract aforementioned are the appellant company L....
Tag this Judgment!Malubhai Bhikhubhai Chavda Vs. Commissioner of Police, Rajkot and ors.
Court: Gujarat
Decided on: Mar-15-2000
Reported in: (2001)2GLR1045
A.L. Dave, J. 1. Commissioner of Police, Rajkot city, Rajkot, passed an order on August 18, 1999, in exercise of powers under Section 3(2) of the Gujarat Prevention of Anti-Social Activities Act, 1985 ('P.A.S.A. Act' for short), detaining the detenu under the provisions of the P.A.S.A. Act for a period of one year (Annexure : A).2. The grounds of detention of even date indicate that the detaining authority took into consideration one offence registered against the detenu under the Bombay Prohibition Act. The detaining authority was satisfied that the detenu is a 'bootlegger' and that his activities are detrimental to the public order. The detaining authority also considered the possibility of resorting to less drastic remedies and came to a conclusion that the powers under the P.A.S.A. Act are required to be exercised in order to immediately prevent the detenu from pursuing his illegal activities. The detaining authority also stated the previous involvement of the detenu in various off...
Tag this Judgment!Labhubhai Gagjibhai Vagri Vs. State of Gujarat
Court: Gujarat
Decided on: Mar-15-2000
Reported in: (2000)4GLR291
A.L. Dave, J.1. Commissioner of Police, Rajkot City, Rajkot, passed an order on August 17, 1999, in exercise of powers under section 3(1) of the Gujarat Prevention of Anti-Social Activities Act, 1985 ('PASA Act' for short), detaining the detenue under the provisions of the PASA Act for a period of one year (Annexure :A).2. The grounds of detention of even date indicate that the detaining authority took into consideration seven offences registered against the detenue under the Bombay Prohibition Act, last offence being dated July 21, 1999. The detaining authority was satisfied that the detenue is a 'bootlegger' and that his activities are detrimental to the public order. The detaining authority also considered the possibility of resorting to less drastic remedies and came to a conclusion that the powers under the PASA Act are required to be exercised in order to immediately prevent the detenue from pursuing his illegal activities.3. The detenue has approached this Court with this petiti...
Tag this Judgment!Larsen and Toubro Limited Vs. Gujarat State Petroleum Corporation Limi ...
Court: Gujarat
Decided on: Mar-15-2000
Reported in: (2000)2GLR862
D.M. Dharmadhikari, C.J.1. This Letters Patent Appeal was listed for admission, but we have heard all the parties at length for decision of the case finally, keeping in view the urgency of the subject matter, and the interim directions which were sought by the petitioner appellant.2. This Letters Patent Appeal has been preferred under Clause 15 of the Letters Patent, against the order of learned Single Judge dated 7th February 2000, dismissing the Special Civil Application No. 10548 of 1999, preferred by the present appellant M/s. Larsen and Toubro Limited (hereinafter shortly referred as ' L & T Ltd. ' ); seeking intervention and directions in the matter of award of contract to Respondent No.3 ABB Kraftwerke AG, ABB Power Generation Limited (hereinafter shortly referred as ' ABB Ltd' ), for setting up of 160 MW NATURAL GAS FIRED COMBINED CYCLE POWER PLANT AT HAZIRA, in the State of Gujarat. The two main contenders for the contract aforementioned are the appellant company L & T Ltd. an...
Tag this Judgment!Visnagar Jooth Vividh Karyakari Sahakari Mandli Vs. A.A. Patel, Dy. Se ...
Court: Gujarat
Decided on: Mar-15-2000
Reported in: (2000)3GLR2236
C.K. Thakker, J.1. Rule. Mr. M.A. Bukhari, learned A.G.P., appears and waives service of Rule for and on behalf of respondent No. 1 and Mr. N. K. Pahwa, learned Counsel appears and waives service of Rule for and on behalf of respondent No. 2. At the request of learned Counsel for the petitioner, respondent No. 3 is ordered to be deleted.2. The case of the petitioner was that it was a society registered under the Gujarat Co-operative Societies Act, 1961. In March, 1996, an election of the Market Committee was held. A resolution was passed by the second respondent on September 9, 1999 cancelling allotment of plot-cum-godown in favour of petitioner-society. A revision application was filed by the petitioner before the State Government under Section 48 of the Gujarat Agricultural Produce Markets Act, 1963 (hereinafter referred to as 'the Act'). Section Officer of the Government, however, by a communication dated 26th February, 1999 informed the petitioner that before invoking Section 48 of...
Tag this Judgment!Regional Director, Employees' State Insurance Corporation Vs. Narsabai ...
Court: Gujarat
Decided on: Mar-14-2000
Reported in: 2001ACJ1989; [2002(92)FLR428]; (2001)1GLR284
D.C. Srivastava, J.1. This is opponent's Appeal against the Judgment and order dated 6-3-1979 of Employees Insurance Court, Ahmedabad, granting declaration that the death of deceased Naran Pantaji was the result of the employment injury and that the applicant is dependent of the said deceased and is entitled to dependents benefit from the opponent.2. Brief facts are that an application was moved under Section 77 of the Employees State Insurance Act, 1948 by the widow of Naran Pantaji claiming dependency benefit from the opponent on account of employment injury sustained by her deceased husband who expired on 1-12-1974 out-side the Mill Gate. The deceased was employed in Weaving Department of Nagari Mills. He was working for the last 37 years before the accident. On 1-12-1974 he was to work in the first shift in the Mill. He reached the gate of the Mill by or about 6.45 a.m., whereas his shift was to commence from 7.00 a.m. At about 6.55 a.m., outside the gate he collapsed and expired. ...
Tag this Judgment!Naresh Vrijlal Kantia Vs. Ahmedabad Municipal Corporation and anr.
Court: Gujarat
Decided on: Mar-14-2000
Reported in: (2001)1GLR744
C.K. Thakker, J.1. Nobody was present for the petitioner.2. This petition is filed by the petitioner for an appropriate writ, order or direction directing the respondent authorities to treat the advertisement at Annexure 'F' as illegal, unconstitutional, without jurisdiction and null and void and further directing the authorities to fill in the post of Deputy Chief Auditor for promotion of departmental candidate in accordance with seniority and reservation policy, considering the roster point for promotion of Scheduled Caste candidate and with consequential benefits.3. The case of the petitioner was that he was working as Assistant Auditor. Though he was entitled to be considered for promotional post of Deputy Chief Auditor, his case was not considered. Only with a view to deprive him of the promotional post, the authorities issued the advertisement at Annexure 'F' by which applications were invited for direct recruitment to the post of Deputy Chief Auditor in the pay scale of Rs. 3000...
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