Gujarat Court June 2000 Judgments
Aher Mensi Ramsi Vs. Aherani Bai Mini Jetha
Court: Gujarat
Decided on: Jun-30-2000
Reported in: AIR2001Guj148; I(2001)DMC483; (2000)3GLR2429
M.R. Calla, J.1. This is defendant's first appeal against the judgment and decree passed by the learned Civil Judge (Senior Division), Junagadh in Special Civil Suit No. 79 of 1994 on 15th November, 1978.2. From the contents of the impugned judgment, it appears that the present appellant, namely, Aher Mensi Ramsi and respondent herein, i.e. Aherani Bai Mini Jetha had married 35 years prior to the year 1974, i.e. some time in the year 1939. In the year 1974, when the husband was aged 54 years and the wife, i.e. respondent herein at the age of 51 years filed Special Civil Suit No. 79 of 1994 in the Court of Civil Judge (Senior Division), Junagadh, claiming maintenance with charge on the properties of the defendant-husband. The wife, i.e. respondent herein, through the aforesaid suit claimed an amount of Rs. 250/- per month under the provisions of the Hindu Adoption and Maintenance Act, 1956. In the suit, the case of the wife, i.e. plaintiff (respondent herein) was that she had married th...
Tag this Judgment!Kirankumar Kamalkumar Vs. Himmat Transport Service and anr.
Court: Gujarat
Decided on: Jun-30-2000
Reported in: 2002ACJ1200; AIR2000Guj325
K.R. Vyas, J. 1. The plaintiff has filed a suit being Civil Suit No. 2882 of 1973 to recover Rs. 3650.97 by way of damages and Rs. 342.93 for loss of profit and sundry expenses in the consignment loss against the defendants. The City Civil Court, Ahmedabad, by its judgment and order dated 22nd November, 1978, dismissed the said suit against which the present appeal is filed. 2. The plaintiff, a partnership firm, filed a suit against the defendant No. 1, a common carrier for recovery of damages for loss of goods and defendant No. 2, an insurer, on the basis of the agreement of insurance with respect to the said goods. The goods are said to have been entrusted to the defendant No. 1 on 5th July, 1972 under defendant No. 1's lorry receipt Nos. 75008 and 75009. The value of the goods is said to be Rs. 1812.68 plus Rs. 1838,29, thus in all Rs. 3650.97. 3. The defendant No. 1, did not file any independent written statement, but prayed for leave to defend the suit on the basis of the affidavi...
Tag this Judgment!Chaudhari Virasangbhai Dalabhai and ors. Vs. Chaudhari Ranchhodbhai Ra ...
Court: Gujarat
Decided on: Jun-29-2000
Reported in: (2001)4GLR2981
A.L. Dave, J.1. The petitioners are the owners of land admeasuring 2 acres and 10 gunthas forming part of Survey No. 671 of village Charada, Taluka Vijapur, District Mehsana. The said land was mortgaged to the predecessor-in-title of present respondents for an amount of Rs. 250/- on May 18, 1939, by a mortgage deed. According to the petitioners, the said mortgage was redeemed in 1980 and following that redemption, the respondents handed over the possession of the land to the petitioners. Since then, the petitioners are cultivating the land.2. According to the petitioners, they also had another piece of land bearing Survey No. 144, which was also mortgaged to the respondents. In 1981, the petitioners requested for redemption of the mortgage of that land, to which the respondents declined, and therefore, there was a dispute between them and the petitioners were required to file civil suit in this regard. As a counter-blast, the respondents made an application to the Mamlatdar and Agricul...
Tag this Judgment!Bhilwara Telent Services Private Limited and anr. Vs. Union of India ( ...
Court: Gujarat
Decided on: Jun-29-2000
Reported in: (2000)4GLR3309
B.C. Patel, J.1. Petitioner No. 1 is a Company registered under the Companies Act. Show-cause notice dated 27-4-1999 as well as Trade Notice No. 94 of 1999 dated 14-10-1999 are the subject-matter of this petition.2. Commissioner of Central Excise and Customs, Vadodara, took the view that the Public Mobile Radio Trunk Service carries out the function of telephone and hence, is covered under the service tax, and therefore, liable to be taxed as such. It is contended before us by the petitioners that the Trade Notice is without any authority of law, arbitrary and illegal and is issued only by the respondent No. 2; excepting that none in the country has developed the idea of describing P.M.R.T. Service as an instrument of telephone.3. It appears that on 14-10-1999, the Commissioner, Central Excise and Customs, Vadodara, issued Trade Notice No. 94 of 1999, vide Annexure 'G'. It is stated that he has examined, in detail, the matter regarding payment of service tax of Public Mobile Radio Trun...
Tag this Judgment!District Education Officer, Himmatnagar Vs. Rajvirsinh K. Rathod
Court: Gujarat
Decided on: Jun-28-2000
Reported in: (2001)1GLR398
J.M. Panchal, J. 1. This appeal filed under Clause 15 of the Letters Patent is directed against judgment dated July 13, 1999/August 24, 1999, rendered by the learned single Judge in Special Civil Application No. 4183 of 1999, by which the appellants and respondent No. 8 are directed to consider the cases of respondent Nos. 1 to 7 for admission to XIth Standard in Science stream according to their merit and in preference to the candidates coming from other schools and to utilise only such number of seats remaining vacant for the purpose of admission to the students coming from other schools after accommodating all the students who have applied for admission to XIth standard on passing the Xth standard examination from the very same school. 2. The respondent Nos. 1 to 7 were studying in Shri K. N. Shah Modasa Village High School at Modasa, District : Sabarkantha, which is a Government aided school. They appeared in the public examination of Xth Std., conducted by the Gujarat Secondary Ed...
Tag this Judgment!Sarjubhai Kantilal Patel and ors. Vs. Bhikhubhai Maganbhai Patel and o ...
Court: Gujarat
Decided on: Jun-28-2000
Reported in: (2001)2GLR1348
Kundan Singh, J. 1. The petitioner-plaintiff filed Special Civil Suit No. 248 of 1999 in the Court of Civil Judge (S.D.), Surat for specific performance of the agreement wherein nine persons have been impleaded as defendants including the defendant Nos. 1 and 2 who are husband and wife and the defendant Nos. 3 and 4 are minor children of the respondent Nos. 1 and 2. They are impleaded as defendant Nos. 3 and 4 through their natural guardian and next friend of their father No. 1. 2. The defendants moved an application Exh. 24 before the trial Court with the prayer that the plaint may be rejected under the provisions of Order VII, Rule 11(d) of the Civil Procedure Code ('C.P.C.' for short) for the breach of mandatory provisions of Order 32, Rule 3(4) of the C.P.C. The trial Court vide the impugned order dated 26-11-1999 allowed that application and the plaintiffs' suit was rejected on the ground that no guardian has been appointed for the respondent nos. 3 and 4 by the Court. It is manda...
Tag this Judgment!Rajesh Babubhai Damania Vs. Commissioner of Income-tax
Court: Gujarat
Decided on: Jun-28-2000
Reported in: [2001]251ITR541(Guj)
R.K. Abichandani, J. 1. The Income-tax Appellate Tribunal, Ahmedabad Bench 'C', has referred the following questions of law for the opinion of this court under Section 256(1) of the Income-tax Act, 1961 : 'Whether, on the facts and circumstances of the case, the Tribunal was right in law in restoring the matter to the Assessing Officer instead of dismissing it Whether, on the facts and circumstances of the case, the decision ofthe Tribunal to restore the matter to the Assessing Officer is such as couldhave been arrived at Whether, on the facts and circumstances of the case, the decision of the Tribunal to allow the appeal and to restore the matter back to the AssessingOfficer is such as could have been arrived at from the material on the record or is reasonable which could be arrived at instead of dismissing it ?' 2. The relevant assessment year is 1985-86. The assessee was carrying on business on a small-scale in stainless steel utensils. He had filed a return of income for the said...
Tag this Judgment!District Education Officer Himmatnagar Vs. Rajvirsinh K. Rathod
Court: Gujarat
Decided on: Jun-28-2000
Reported in: (2001)1GLR398
J.M. Panchal, J. 1. This appeal filed under Clause 15 of the Letters Patent is directed against judgment dated July 13, 1999/ August 24, 1999, rendered by the learned Single Judge in Special Civil Application No. 4183/99, by which the appellants and respondent no.8 are directed to consider the cases of respondents no.1 to 7 for admission to XIth Standard in science stream according to their merit and in preference to the candidates coming from other schools and to utilise only such number of seats remaining vacant for the purpose of admission to the students coming from other schools after accommodating all the students who have applied for admission to XIth standard on passing the Xth standard examination from the very same school.2. The respondents no.1 to 7 were studying in Shri K.N.Shah Modasa Village High School at Modasa, District : Sabarkantha, which is a Government aided school. They appeared in the public examination of Xth std. conducted by the Gujarat Secondary Education Boa...
Tag this Judgment!Rajesh Babubhai Damania Vs. Ito
Court: Gujarat
Decided on: Jun-28-2000
Reported in: (2001)169CTR(Guj)346
R.K. Abichandani, J.The Appellate Tribunal, Ahmedabad Bench C, has referred the following questions of law for the opinion of this court under section 256(1) of the Income Tax Act, 1961. 'Whether, on the facts and circumstances of the case, the Tribunal was right in law in restoring the matter to the assessing officer instead of dismissing it ?''Whether, on the facts and circumstances of the case, decision of the Tribunal to restore the matter to the assessing officer is such as could have been arrived at ?'Whether, on the facts and circumstances of the case, decision of the Tribunal to allow the appeal and to restore the matter back to the assessing officer is such as could have been arrived at from the material on the record or is reasonable which could be arrived at instead of dismissing it ?'2. The relevant assessment year is 1985-86. The assessee was carrying on business on a small-scale in stainless steel utensils. He had filed return of income for the said assessment year declar...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Bhagwanbhai Danabhai and anr.
Court: Gujarat
Decided on: Jun-27-2000
Reported in: 2001ACJ1490; (2001)1GLR292
D.C. Srivastava, J. 1. This Appeal arises out of a common judgment rendered by the Motor Accident Claims Tribunal, Rajkot on 22-2-1985 decidingseveral claim petitions and rendering Awards in those claim petitions. The instant Appeal arises out of Claim Petition No. 616 of 1982. 2. Brief facts giving rise to this Appeal shortly are as under : An accident took place on 7-9-1982 at about 3.45 p.m., on Rajkot - Morbi State Highway near village Bedi. A Public Carrier No. GTX 8202 driven by the first opponent before the Tribunal with some inmates in it was moving on the road. White it was passing over the bridge near village Bedi it went off the road due to the fact that the driver lost control over it and the vehicle plunged into river bed by breaking the side railings of the bridge. The deceased was inmate in the vehicle. The deceased was travelling in the vehicle along with his goods. He had paid fare to the driver of the vehicle. In the accident he sustained injuries and ultimately died....
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