Gujarat Court April 2000 Judgments
Ramlal Shivlal Gurkha (Tiwari) Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Apr-20-2000
Reported in: (2000)4GLR895
ORDER1. The matter is filed in February 1992. The Court issued notice on 12-03-1992 returnable on 30-3-1992. As no reply came to be filed, this Court issued rule on 7-12-1993 making returnable in the first week of February 1994. The order was required to be passed looking to the nature of the matter and looking to the controversy involved in the matter. Last time, when the matter was called out for hearing, learned advocate for the petitioner, Mr. Pujara was directed to supply a set of the present petition to Mr. Digant P. Joshi, the learned Assistant Govt. Pleader to enable him to assist the Court in adjudicating the controversy involved in the matter. Mr. Pujara for the petitioner mentions that the petitioner, who was aged 75 years at the time of filing of the petition is now aged 83. The present petition is filed for the relief to the effect that the impugned order dated 22-7-1974, Annexure Z-2 to the petition be quashed and set aside, whereby the petitioner was conveyed that the mi...
Tag this Judgment!Raghubhai M. Desai and ors. Vs. Vinay Vhas, I.A.S.
Court: Gujarat
Decided on: Apr-20-2000
Reported in: AIR2000Guj239
J.N. Bhatt, J.1. Whether removal of petitioners from the office of councillors of Ghatlodiya Nagarpalika by the order of respondent No. 1, Director of Municipalities, dated 3-3-1999, in exercise of powers, under Section 37, of the Gujarat Municipalities Act, 1963 ('the Act' for short) on the ground of irregularities and indulging in giving employment to the close relatives, without any procedure and unauthorisedly, is short, but significant question which has been raised before this Court in this petition under Article 226 of the Constitution of India.2. A few material facts giving rise to this petition are narrated. At the outset, the petitioners were councillors of Ghatlodiya Nagarpanchayat and petitioner No. 1 was the President, at the relevant time, whose term expired long before the terms of membership i.e. office of councillors expires around December this year, as stated at the Bar. The respondent is the Director of Municipalities who had initiated proceedings under Section 37 o...
Tag this Judgment!Xavier Kelavani Mandal Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Apr-20-2000
Reported in: AIR2000Guj236; (2000)4GLR82
Kundan Singh, J.1. In both these petitions, common question has been raised by different petitioners against the action of the respondents in denying exemption from payment of education cess and general taxes to the petitioners-Trust and with a prayer to hold that the impugned action of the respondents is contrary to law, and violative of Article 14 of the Constitution of India.2. The petitioners in both the petitions are Public Trusts registered under Bombay Public Trusts Act, 1950 (hereinafter referred to as the 'Act') registered with the Charity Commissioner, Ahmedabad region, Ahmedabad. The main objects of the petitioner-Ahmedabad Jesuits School Society Trust are as under :(a) To take over the management of all existing Jesuits Schools, namely (i) St. Xaviers' High School at Ahmedabad (ii) St. Xaviers' High School at Anand, Dist. Kheda(iii) St. Xaviers' Night School at Ahmedabad, or any school or colleges, which shall hereinafter be established by the Gujarat Jesuits Province, etc....
Tag this Judgment!Suthar Budhalal Lallubhai Vs. Bhagwandas K. Gupta Decd. Thro Heirs
Court: Gujarat
Decided on: Apr-20-2000
Reported in: (2000)4GLR570
P.B. Majmudar, J.1. This civil revision application has been filed by the original defendant - tenant challenging the decree of eviction passed by the appellate court in Regular Civil Appeal No. 106/78.2. Detail facts leading to this civil revision application are as under.:3. The petitioner is the defendant of Civil Suit No. 191/73. The said suit was filed by the landlord, namely, Bhagwandas Kalichanddas Gupta who died during the pendency of this civil revision application and his heirs are brought on the record of this civil revision application. The case of the landlord in the said suit was that, he is the original owner of the suit property by purchasing the same from one Dashrathlal Jethalal by registered document dated 12.11.1970. The suit property is situated in Patan Town and the portion of the suit property was given on lease by the original landlord Dashrathlal Jethalal on 13.5.1970 at the rate of Rs.13/per month. According to the plaintiff, the defendant had agreed to vacate...
Tag this Judgment!Dy. Executive Engineer Vs. Sindarva Patu Danabhai
Court: Gujarat
Decided on: Apr-20-2000
Reported in: (2001)GLR793
H.K. Rathod, J.1. Rule. Mr. Hriday Buch, the learned advocate appearing for the respondent workman has waived service of rule on behalf of the respondent workman. On the facts and in the circumstances of the case, the matter is taken up for final hearing today itself. 2. In this petition, the petitioner has challenged the award passed by the labour Court, Junagadh in Reference (LCJ) No. 332 of 1993 dated 20th October, 1997 whereunder the petitioner has been directed to reinstate the respondent workman in service with continuity of service and with full back wages for the intervening period on the post of Mistry cum Clerk. The respondent workman has filed the affidavit in reply and has also produced a copy of statement of claim, purshis and notice served by the respondent to the petitioner and other documents alongwith the reply. As against that, the petitioner has filed affidavit in rejoinder to the affidavit in reply filed by the respondent workman.3. Ms. Nayana Panchal, the learned a...
Tag this Judgment!Firoz Anwarbhai Fruitwala Vs. Commissioner of Police and ors.
Court: Gujarat
Decided on: Apr-19-2000
Reported in: (2000)4GLR2978
A.L. Dave, J.1. Commissioner of Police, Surat City, Sural, passed an order on November 8, 1999, in exercise of powers under Section 3(1) of the Gujarat Prevention of Anti-Social Activities Act, 1985 ('P.A.S.A. Act' for short), detaining Mohd. Firoz Anwarbhai Fruitwala of Gopipura, Surat, under the provisions of the said Act.2. The detaining authority took into consideration four offences registered against the detenu under Bombay Prohibition Act. The authority also considered the statements of two anonymous witnesses. According to the authority, the activity of the detenu is that of a bootlegger and is detrimental to public order. The authority was satisfied that the witnesses suffered from genuine fear from the detenu in respect of their person and property, and therefore, powers under Section 9(2) of the P.A.S.A. Act are required to be exercised by not disclosing identity of the witnesses. The detaining authority considered the possibility of resorting to less drastic remedies under ...
Tag this Judgment!Tahir Dadi Vs. State of Gujarat
Court: Gujarat
Decided on: Apr-19-2000
Reported in: 2000CriLJ3724
C.K.Thakkar, J.1. Rule. Mr. M.A. Bukhari, AGP appears for the respondents and waives service of notice of rule. In the facts and circumstances , the matter is taken up for final hearing today.2. This petition is filed against the order passed by the State Government on 3rd August, 1996 at Annexure `C' to the petition .3. Shortly stated, the facts are that the petitioner claims to be owner of tempo No. GJ-7-T-6699. It was alleged that on 18th October, 1993, the tempo was plied by one Arifbhai Mohmedbhai Makrani who was driver of the tempo belonging to the petitioner. On a surprise checking being carried out by officers of respondent No.3 Collector, certain essential commodities were found illegally transported in the said tempo in violation of the Gujarat Essential Articles Dealers (Regulations) Order, 1977 (hereinafter referred to as `the Order'). Tempo was, therefore , seized. A show cause notice was issued by respondent No.3 on 3rd December, 1993 to Arifbhai Makrani inter alia allegi...
Tag this Judgment!Gujarat Gas Co. Ltd. Vs. Commissioner of Income Tax
Court: Gujarat
Decided on: Apr-18-2000
Reported in: (2000)161CTR(Guj)246; [2000]245ITR84(Guj)
B.C. Patel, J. 1. The petitioner Gujarat Gas Co. is a public limited company having its registered office at Ahmedabad. In the present matter the petitioner has challenged the order of assessment dt. 31st March, 1999, passed by the Jt. CIT (Asst.), Special Range-8, Ahmedabad. The AO after relying upon the Circular No. 549, para 5.12, dt. 31st October, 1989, issued by the Central Board of Direct Taxes (hereinafter referred to has 'CBDT') has held that the petitioner's total income is Rs. 2,11,81,620, however, as the assessee has filed return of Rs. 5,13,86,320 he shall have to pay the tax on the returnable income in view of the instructions contained in the aforesaid circular. The petitioner has prayed for writ of certiorari quashing and setting the said assessment order and also prayed for writ of mandamus for refund of Rs. 1,69,80,360 with interest at the rate of 15 per cent p.a. from 1st April, 1999, till the date of refund. 2. Facts : In this case, we are concerned with the asst. yr...
Tag this Judgment!Hiralal Bhagwati Vs. Commissioner of Income-tax
Court: Gujarat
Decided on: Apr-18-2000
Reported in: (2000)161CTR(Guj)401; [2000]246ITR188(Guj)
B.C. Patel, J.1. This petition under Art. 226 of the Constitution of India, is filed by the trustees of the Gujarat Law Society Karmachari Kalyan Nidhi, Ahmedabad. 2. The short facts leading to the present proceedings are as under : Respondent-Commissioner of Income-tax (hereinafter referred to as 'CIT') considered the application dt. 21st July, 1981 of the Gujarat Law Society Karmachari Kalyan Nidhi (hereinafter referred to as 'The trust') submitted under s. 12A(a) of the IT Act, 1961 (hereinafter referred to as 'The Act'), and vide letter dt. 21st April, 1982 (Annexure 'E') informed the said trust that the same has been registered under s. 12A(a) of the Act. For the asst. yr. 1985-86, the trust was denied the exemption and benefit under s. 80G(5) of the Act by an order dt. 10th February, 1989 by the ITO. Notices dt. 10th February, 1989, were issued by the ITO under s. 148 of the Act for the asst. yr. 1984-85, and under s. 274 r/w ss. 273(2)(b), 271(1)(a) and 271(1)(c) of the Act for ...
Tag this Judgment!State of Gujarat Vs. Pankajkumar Bhurabhai Thakkar
Court: Gujarat
Decided on: Apr-18-2000
Reported in: 2001CriLJ185a; (2000)3GLR285
Y.B. Bhatt, J.1. This is a revision application under section 397 and 401 of the Criminal Procedure Code at the instance of the State of Gujarat, challenging the order of discharge passed by the learned Magistrate in Criminal Case No. 182/98 in respect of the original six accused.2. The criminal case arose from a product manufactured by original accused no. 6 viz. Nestle India Limited. The other accused are stockists, distributors, retailers and directors of the said company.3. The product which is the subject matter of the controversy carries the brand name of 'Cerelac'. It is branded, manufactured and sold as instant milk cereal. The label further contains a statement 'Wheat apple - weaning food'.4. The Food Inspector inspected the shop of the accused no. 1, collected a sample of cereal (instant milk cereal), and sent the sample to Public Analyst for analysis. The report of the Public Analyst states that the sample complies with provisions of Rule 37-B(2)(i) to (ix) of the Prevention...
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