Gujarat Court March 2000 Judgments
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Vallabhbhai Maganbhai Bamaniya Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Mar-09-2000
Reported in: (2000)3GLR2662
A.L. Dave, J.1. District Magistrate, Dahod, passed an order on September 28, 1999 in exercise of powers under Section 3(2) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 ('P.B.M. Act' for short), detaining the petitioner under the provisions of the P.B.M. Act.2. The grounds of detention indicate that the detaining authority took into consideration the fact that the petitioner was indulging in the activity detrimental to the supply of essential commodities. That he was found to have used bogus cards and usurped the supply of essential commodities supposed to be sold to such ration card holders for which he was having licence of fair price shop. The said order is challenged by the petitioner in this petition under Article 226 of the Constitution of India.3. The petitioner has raised many points but the main points are that the detaining authority has formed a conclusion about the petitioner being engaged in using fake cards on the basi...
Arti Ship Breaking Vs. Director of Income Tax
Court: Gujarat
Decided on: Mar-09-2000
Reported in: [2000]110TAXMAN457(Guj)
Dave, J.- This petition filed under the provisions of article 226 of the Constitution of India is directed against the authorisation issued under the provisions of section 132(1) of the Income-tax, 1961 (herein after referred to as 'the Act'), the notices issued under the provisions of section 158BC of the Act and against initiation of proceedings in pursuance of notice issued under section 142(1) of the Act dated 2-2-2000 by respondent No. 5 to the petitioner firm.2. The Director of Income Tax (investigation), respondent No. I herein, had given necessary direction under the provisions of section 132(1) for the purpose of having search at the premises of the petitioner-firm and the partners thereof. The search was continued for a period from 21st January to 25-1-2000. In pursuance of the said search which was continued for a period of 5 days, the officer conducting the search had seized books of account and had also recorded statements of several persons. Ultimately, the impugned notic...
Dahiben Ramanlal Parmar Vs. Ramanlal Ranchhodbhai Parmar
Court: Gujarat
Decided on: Mar-09-2000
Reported in: (2000)2GLR1692
Y.B. Bhatt, J.1. This is a revision application under Section 397 read with Section 401 of the Criminal Procedure Code, at the instance of the wife, who had applied to the learned Magistrate for maintenance under Section 125 of the Criminal Procedure Code. The trial Court had granted maintenance in favour of the wife, which order was challenged by the husband by way of a revision, which revision was allowed by the Sessions Court, and the judgment and order of the learned Magistrate granting maintenance in favour of the wife was quashed and set aside. Hence, the present revision.2. As a result of the hearing and discussion, I find that it is not necessary to go into the merits of the impugned judgment, for the simple reason that the learned Counsel for the parties have been able to arrive at a settlement (with the assistance of the Court), on the following terms:(i) The amount of maintenance which the petitioner wife may have received so far under orders of the various Courts shall be r...
Manager, Air Control Engineering Co. Ltd. Vs. Kanaiyalal Ghusabhai Kun ...
Court: Gujarat
Decided on: Mar-08-2000
Reported in: [2000(86)FLR214]; (2000)4GLR119; (2000)IILLJ800Guj
H.K. Rathod, J. 1. The Industrial Disputes Act was designed to provide a self contained code to compel the parties to resort to industrial arbitration for the resolution of existing or apprehended disputes without prescribing statutory norms for varied and variegated industrial relation norms so that the fora created for resolution of disputes may remain unhampered by any statutory control and device rationale norms keeping pace with improve industrial relations reflecting an imbedding socio-economic justice. That being the object of the Act, the Court by interpretative process must strive to reduce the field of conflict and expand the area of agreement and show in preference of upholding agreements sanctified by mutuality and consensus in larger public interest namely to eschew industrial strife confrontation and consequent wastage. The narrow and restricted meaning to the expression in the Act should be avoided and a pragmatic approach must be adopted. The brief facts of the present ...
indiraben C. Desai Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Mar-08-2000
Reported in: AIR2001Guj129
ORDERC.K. Thakkar, J.1. This petition is filed by the petitioner for an appropriate writ, order or direction quashing and setting aside the orders passed by the Deputy Commissioner of Entertainment Tax, Gandhinagar on September 24, 1986, Annexure : B to the petition, as confirmed by the Commissioner of Entertainment Tax, Government of Gujarat on July 7, 1987, Annexure C to the petition.2. The case of the petitioner was that on 5th May, 1986, a surprise checking was done by Entertainment Tax Inspector, Mr.Parmar from the office of the Deputy Commissioner of Entertainment Tax, Gandhinagar Division, Gandhinagar in the afternoon of first show at about 2.15 hours in 'Jaihind Talkies' At that time, a Hindi movie 'Achchha-Bura' was being exhibited. A Ticket Register No. 17 was checked and it was alleged that on physical verification of the auditorium, some counter foils were collected by the Inspector from the spectators which were compared with ticket Register No. 17 was found that certain i...
Dahyalal Govindji Vs. Vrajlal Madhavji Rathod
Court: Gujarat
Decided on: Mar-08-2000
Reported in: (2000)3GLR353
P.B. Majmudar, J.1. The petitioner herein is the original defendant against whom the respondent - landlord had filed the suit being Regular Civil Suit No.490/77 in the court of Civil Judge (Junior Division), Bhavnagar. The case of the plaintiff in the said suit was that, he is the owner of the suit premises which is a residential premises situated in Vadva locality in Bhavnagar city and the defendant is the tenant of the part of the premises of that house comprising one room on the ground floor. That the defendant had taken the suit property at the rate of Rs.13.50 ps per month. The defendant was to pay Rs.1.50 ps towards drainage charges per month and was also to pay other taxes. According to the plaintiff, the defendant has not paid the rent from 1.1.1967 to 31.7.1977, that is, for 121 months and that the aforesaid amount comes to Rs.1633.50 ps and that Rs.181.80 ps is due for 121 months towards drainage charges at the rate of Rs.1.50 ps. It is also a case of the plaintiff that, the ...
Amarsangh Dhulabhai Zadav and ors. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Mar-07-2000
Reported in: AIR2000Guj224; (2001)1GLR36
C.K. Thakker, J.1. This petition is filed against the order passed by the Mamlatdar, Karjan in Felling of Trees Case No. 5 of 1996, confirmed by the Deputy Collector, Vadodara in Appeal No. 3 of 1996 as also in revision by the Government of Gujarat.2, It was the case of the petitioners that they are the elected members of Virjai Gram Panchayat. Respondent No. 4 was Sarpanch of the Panchayatagainst whom no confidence motion was passed in March, 1996. According to the petitioners, respondent No. 4 got some branches of Banyan trees removed without prior permission of the competent authority. The petitioners, therefore, filed an application before the Mamlatdar, Karjan which was registered as Felling of Trees Case No. 5 of 1996 against the Sarpanch and other persons. The Mamlatdar by an order dated September 26, 1996 held all the persons liable observing inter alia that the petitioners were also party to the resolution and convicted under Section 3(1 )(b) of the Saurashtra Felling of Trees...
Shamji Ramji Gohil Vs. Deputy Engineer (O and M), Gujarat Electricity ...
Court: Gujarat
Decided on: Mar-07-2000
Reported in: AIR2001Guj56; (2000)4GLR325
ORDERC.K. Thakkar, J.1. This petition is filed by the petitioner for setting aside a supplementarybill issued by the Gujarat Electricity-Board and confirmed by the appellate committee,2. Notice was issued on April 22. 1999 and it was made returnable on June 23, 1999. On Decembcr 13, 1999, learned single Judge passed the following order :'Heard the learned Advocates for the respective parties. Learned Advocate Mr. Bhaya appearing for the petitioner states that of the disputed bill of Rs. 40,000/- plus the petitioner has deposited the sum of Rs. 23,000/-. He seeks time. S. O. to 24-12-1999 on condition that the petitioner will deposit the remainder of the disputed bill amount on or before 23-12-1999. Compliance hereof shall be reported to this Court on the next date i.e. 24-12-1999.'3. When the matter was called out for hearing, several contentions were raised by the learned Advocate for the petitioner. It was submitted that the petitioner had bought additional machinery prior to issuanc...
Ongc Retired Officers Asso. Vs. Ongc
Court: Gujarat
Decided on: Mar-07-2000
Reported in: (2000)4GLR2879
1. The present petition is filed by two petitioners, one, ONGC Retired Officers' Association and Shri V.G. Srinivasan, President (as he then was) of petitioner no.1. The petition is directed against the respondent Oil & Natural Gas Commission ('the Commission' for brevity) for excluding the employees who have retired prior to 1.4.1990 from granting the benefits under superannuation benefit scheme. It is the grievance of the petitioners that the scheme, formulated by the Commission is made applicable only to those employees who retired on 1.4.1991, or thereafter. It is the case of the petitioners that in fact a draft scheme was circulated for eliciting opinion poll by the Directorate of Personnel of the Commission. In that it was mentioned in clause (1) that :'The scheme would be compulsory for each and every employee of the Commission who came on roll of the Commission on 7th October 1987 or thereafter.'It is also the case of the petitioners that thereafter the scheme with some modific...
Kamlaben Rohitbhai Patel Vs. Additional Development Commissioner
Court: Gujarat
Decided on: Mar-07-2000
Reported in: (2000)2GLR222
M.R. Calla, J.1. The petitioner herein claims to be an elected Sarpanch of Hazira Gram Panchayat, Taluka Choryasi, District Surat. She claims to have been elected in 1995. While she was working as Sarpanch, a show cause notice dated 14th July 1998 was served upon her for her removal under Section 57(1) by the District Development Officer, Surat. A copy of this show cause notice has been placed on record as Annexure.C. The petitioner filed a reply to the said show cause notice vide Annexure.D dated 28th September 1998. The District Development Officer, District Panchayat, Surat, then passed the order dated 2nd November 1998 removing her from the office of the Sarpanch under Section 57(1) of the Gujarat Panchayats Act, 1993, which will be hereinafter referred to as 'the Act'. Against this order dated 2nd November 1998 passed by the District Development Officer, Surat, the petitioner approached the State of Gujarat, in appeal under Section 57(3) of the Act. The State Government by its ord...
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