Gujarat Court August 2000 Judgments
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Satya Pal Anand Vs. State of Gujarat
Court: Gujarat
Decided on: Aug-07-2000
Reported in: (2000)4GLR882
P.B. Majmudar, J.1. It will be an ideal state wherein the percentage of literacy at primary level is one hundred percent and nobody would talk in terms of percentage so far as literacy rate is concerned. Both these Public Interest Petitions have been filed with an object to see that the percentage of literacy at grass-root level in the State achieves this noble object of increasing the rate of percentage as much as possible.2. Special Civil Application No. 5941 of 1999 has been filed by one Satya Pal Anand of Indore, Madhya Pradesh, who is a Life Member of the Indian Law Institute, New Delhi, and who is interested in education, having felt constrained about drop of percentage of education at the primary level.It seems that the present petitioner had filed writ petition before the Supreme Court of India, being Writ Petition (C) No. 81 of 1994. The Honourable Supreme Court pointed out in its order, which is at page 78 with the compilation, that the States and Union Territories have gone ...
Charity Commissioner Vs. Tejendraprasadji Devendraprasadji and ors.
Court: Gujarat
Decided on: Aug-04-2000
Reported in: (2001)1GLR839
K.R. Vyas, J.1. The present appeal filed by the Charity Commissioner, Gujarat State, is against the judgment and order passed by the learned City Civil Judge, Ahmedabad in Civil Suit No. 3093 of 1975 dated 31-7-1979, whereby the learned Judge was pleased to declare and decreed that the sanction of Rs. 51,000/- by the Committee for the purpose of marriage expenses of the daughter of the Acharya (plaintiff's sister Shri Rajendra Kunverben) by its Resolution No. 1 dated 21-1-1965 as modified by its Resolution No. 5 dated 27-12-1966 is legal and valid and within the powers of the Committee, under Clause 16, sub-clause (1) of the Scheme for the management of the Trust of Swaminarayan Temple, Ahmedabad. The learned Judge was further pleased to declare that the costs of the plaintiff, the defendant No. 1 learned Charity Commissioner and the defendant Nos. 2, 3, 4, 5, 8, 9 and 10 to be provided for from the Trust. Rest of the defendants to bear their costs.2. The facts giving rise to the prese...
Assistant Commissioner of Income-tax Vs. Ashima Syntex Ltd.
Court: Gujarat
Decided on: Aug-04-2000
Reported in: [2001]251ITR133(Guj)
K.M. Mehta, J.1. The Assistant Commissioner of Income-tax, Central Circle 2(3), Ahmedabad, has filed this appeal under Section 260A of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), being aggrieved and dissatisfied by an order passed by the Income-tax Appellate Tribunal, Ahmedabad Bench 'B' (hereinafter referred to as 'the Tribunal'), in I.T.A. No. 133/Ahd. of 1997 for the assessment year 1993-94.2. Learned counsel for the Revenue submitted before us that two questions of law are arising in this matter for determination of this court, which are as under :'(1) Whether the Appellate Tribunal is right in law and on facts in allowing the assessee's claim for depreciation on plant and machinery of fabric division amounting to Rs. 1,11,96,701 ?(2) Whether the Appellate Tribunal is right in law and on facts in not observing that the attendant facts and circumstances would lead one to believe that trial run commenced only after the close of the previous year, and even the tra...
Dr. Krishnakant Durgeshbhai Gor Vs. State of Gujarat
Court: Gujarat
Decided on: Aug-04-2000
Reported in: (2000)3GLR692
H.H. Mehta, J.1. This is a Criminal Revision Application under Sec. 401 read with Sec. 397 of the Criminal Procedure Code, 1973 (for short 'Cr.P.C.') filed by the accused Dr. K.D. Gor challenging the correctness, legality and propriety of an order dt. 23rd February, 1989 passed below final report under Sec. 173 of Cr.P.C. submitted by the Police Inspector, D.C.B. Ahmedabad in the matter of Crime Register No. I 357/86 of Shaher Kotada Police Station, Ahmedabad.2. The revision petition is an accused of CR.No. I 357/86 of Shaher Kotada Police Station, Ahmedabad, while revision opponent No. 2 who is the complainant of that case, and therefore, the parties will be referred to hereinafter as the complainant and accused respectively for the sake of convenience.3. The facts leading to this Criminal Revision Application, in a nutshell, are as follows:-It is the case of the prosecution that on 10/07/1986 at about 07-30 p.m. Hasmukhlal Dhirajlal Bhavsar who was a son of original complainant was b...
Tata Chemicals Ltd. Vs. Union of India (Uoi) and ors.
Court: Gujarat
Decided on: Aug-04-2000
Reported in: AIR2001Guj154; (2001)GLR1
ORDERJ.M. Panchal, J.1. By means of filing this petition under Articles 226 and 227 of the Constitution, the petitioner has prayed to issue a writ of mandamus or a writ of certiorari or any other appropriate writ, order or direction to quash and set aside Final Order No. 206/88, dated March 21, 1988 in Revision Case No. 2/6/ 18/87/MV of the Government of India, Ministry of Steel and Mines, Department of Mines. New Delhi, by whichrevision application filed by the petitioner is rejected as being time-barred. The petitioner has also prayed to command the Central Government to dispose of revision application filed by the petitioner on June 19, 1987 in accordance with law.2. The petitioner is a Company incorporated under the provisions of the Companies Act, 1956. It manufactures Soda-ash and other heavy chemicals from lime-stones. The petitioner was granted mining lease over an area admeasuring 21.04 Hectares of village Aniali of Ranavav Taluka, District : Junagadh with effect from December...
Trikamlal L. Patel Vs. State of Gujarat
Court: Gujarat
Decided on: Aug-04-2000
Reported in: (2001)4GLR2933
H.K. Rathod, J.1. Learned advocate Mr. Raval has appeared for the petitioner. Learned AGP Mr. R.V.Desai has appeared for the respondents. On 3rd April, 1991, this petition was admitted by this court and the interim relief was refused. While admitting this petition, the petition was ordered to be heard expeditiously.2. In this petition, in para 14(B) of the petition, the petitioner has prayed for the relief as under:'To pay the petitioner back the amount of subsistence allowance recovered from him with 18% interest.'3. In para 14(C) of the petition, the prayer made by the petitioner reads as under:'To consider the petitioner's case for promotion to the higher posts in the cadre of Head Clerk and in the cadre of Office Superintendent from the date on which his immediate junior after Sr.No.394 in the seniority list of Sr. Clerks as on1.1.1980 was considered and promoted to the higher posts.'4. The prayer made by the petitioner in para 14(D) and (E) of the petition read as under:'To promot...
Tata Chemicals Ltd. Vs. Union of India (Uoi)
Court: Gujarat
Decided on: Aug-04-2000
Reported in: (2000)3GLR869
J.M. Panchal, J.1. By means of filing this petition under Articles 226 & 227 of the Constitution, the petitioner has prayed to issue a writ of mandamus or a writ of certiorari or any other appropriate writ, order or direction to quash and set aside Final Order No. 206/88, dated March 21, 1988 in Revision Case No. 2/6/18/87/MV of the Government of India, Ministry of Steel and Mines, Department of Mines, New Delhi, by which revision application filed by the petitioner is rejected as being time barred. The petitioner has also prayed to command the Central Government to dispose of revision application filed by the petitioner on June 19, 1987 in accordance with law. 2. The petitioner is a Company incorporated under the provisions of the Companies Act, 1956. It manufactures Soda-ash and other heavy chemicals from lime-stones. The petitioner was granted mining lease over an area admeasuring 21.04 Hectares of village Aniali of Ranavav Taluka, District : Junagadh with effect from December 23, 1...
Asstt. Cit Vs. Ashima Syntex Ltd.
Court: Gujarat
Decided on: Aug-04-2000
Reported in: (2001)169CTR(Guj)102
ORDERK.M. Mehta, J.The Assistant Commissioner, Central Circle 2(3), Ahmedabad, has filed this appeal under section 260A of the Income Tax Act, 1961 (hereinafter referred to as the Act) being aggrieved and dissatisfied by an order passed by the Income Tax Appellate Tribunal, Ahmedabad Bench B (hereinafter referred to as the Tribunal) in ITA No. 133/Ahd/1997 for assessment year 1993-94.2. Learned counsel for the revenue submitted before us that two questions of law are arising in this matter for determination of this court, which are under :'(1) Whether the Tribunal is right in law and on facts in allowing the assessees claim for depreciation on plant and machinery of fabric division amounting to Rs. 1,11,96,701(2) Whether the Tribunal is right in law and on facts in not observing that the attendant facts and circumstances would lead one to believe : that trial run commenced only after the close of the previous year, and even the training of the employees of the assessee-company by forei...
Damor Kantilal N. Vs. Union of India (Uoi)
Court: Gujarat
Decided on: Aug-04-2000
Reported in: (2001)4GLR3403
R.R. Tripathi, J.1. The present petition is filed being aggrieved of the judgment and order passed by the Assistant Commandant & Judicial Magistrate, 1st Class, 97th Battalion, CRPF, Gandhinagar in Case No.1/88 dated 16.6.1988 under sec.10(m) of the Central Reserve Police Force Act, 1949 ('the Act' for brevity) and also being aggrieved of the Office Order No. J.II- 1/88- 97/ EC.II dated 30.6.1988, whereby the petitioner was held guilty of an offence punishable under sec.10(m) of the Act and was sentenced to undergo rigorous imprisonment for 28 days in GC, CRPF, Gandhi nagar Quarter Guard and that the period spent by the accused in the judicial custody from 14.6.1988 to 15.6.1988 will be set off against the period of sentence. The order dated 30.6.1988 reads as under :'It is considered that the conduct of No.781130287 CT, D.K. Lal which led to his conviction is such as to render his further retention in the Public Service undesirable. Consequent on his conviction, he has been DISMISSED ...
P.K. Shah Vs. Gujarat Industrial Co-op. Bank Limited
Court: Gujarat
Decided on: Aug-01-2000
Reported in: (2001)1GLR108; (2001)ILLJ783Guj
J. M. Panchal, J. 1. By means of filing this appeal under Clause 15 of the Letters Patent, the appellant-workman has challenged judgment dated March 9, 1999 rendered by the learned single Judge, in Special Civil Application No. 9424 of 1998, by which Award dated August 19, 1998 passed by the Labour Court, Ahmedabad directing the respondent to reinstate the appellant in service with back wages, is set aside on the ground that the reference to the Labour Court by the State Government was incompetent. 2. The respondent is a Co-operative Society registered under the Gujarat Co-operative Societies Act, 1961. It transacts the business of banking and is a banking company within the meaning of Section 5(c) of the Banking Regulations Act, 1949 and Section 2(bb) of the Industrial Disputes Act, 1947. The respondent has its Branches all over the State of Gujarat and also the Regional Branch at Dadra and Nagar Haveli (Silvassa), which is a Union Territory. 3. The appellant was working as a Clerk wi...
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