Gujarat Court February 2001 Judgments
Bharat Joitaram Patel Vs. Kanubhai J. Shah and ors.
Court: Gujarat
Decided on: Feb-28-2001
Reported in: (2001)2GLR1713
S.K. Keshote, J. 1. The petitioner directed this petition under Art. 227 of the Constitution of India against the order of the learned Additional Sessions Judge, Ahmedabad Rural at Ahmedabad dated 18-7-1995. 2. The facts of the case are that the petitioner's father (since deceased) Joitaraman Topandas Patel initiated criminal proceedings against the respondent Nos. 1 to 6 in the Court of Chief Judicial Magistrate, Ahmedabad Rural at Mirzapur, Ahmedabad. The Chief Judicial Magistrate, Ahmedabad Rural at Mirzapur, Ahmedabad sent the matter for investigation to the Police in exercise of its powers under Section 156(3) of the Criminal Procedure Code, 1973. After making the investigation, the Police submitted its report dated 19-7-1991 wherein it was reported that no offence was committed by the respondents. The learned Magistrate issued a notice to the complainant (since deceased) to remain present and to make a representation if he desires to make against the report of the Police. The rep...
Tag this Judgment!C.K. Surati Vs. Chairman and Managing Director, Dena Bank and ors.
Court: Gujarat
Decided on: Feb-28-2001
Reported in: (2002)ILLJ151Guj
D.C. Srivastava, J. 1. The facts giving rise to this Petition are as under: The petitioner was serving as a Branch Manager in Dena Bank, Kamrej Branch. In April 1988, the Manager, R.D.D. sent his report to the Regional Manager, Dena Bank regarding direct dairy loans. Certain irregularities were alleged. The Petitioner made voluntary statement before the Vigilance Department. Soon thereafter, the Petitioner was suspended on January 12, 1989. A charge-sheet was given by the respondent No. 2 to the petitioner on May 16, 1989. The petitioner submitted his written statement and written argument after receipt of charge-sheet. Inquiry was conducted and all the charges were found established against the petitioner. The report of the Enquiry Officer and the; submissions made by the petitioner were considered by the Disciplinary Authority, and after considering the aforesaid material, the Disciplinary Authority ordered dismissal of the petitioner with immediate effect, without notice, on July 17...
Tag this Judgment!Setalvad Brothers Vs. M.K. Meerani, Additional Commissioner of Income- ...
Court: Gujarat
Decided on: Feb-28-2001
Reported in: [2002]253ITR530(Guj)
J. M. Panchal , J.1. By means of filing this petition under Article 226 of the Constitution, the petitioner has prayed to issue a writ of certiorari or anyother appropriate writ, order or direction to quash and set aside the assessment order for the assessment year 1998-99 passed under Section 143(3) of the Income-tax Act, 1961, by holding that the case of the petitioner could not have been picked up for scrutiny in flagrant violation of the guidelines issued by the Central Board of Direct Taxes. The petitioner has further prayed to delete additions made by the Assessing Officer in his assessment order for the assessment year 1998-99 after holding that the said additions were in contravention of the binding decision of the first appellate authority in the petitioner's own case and against acceptance of the petitioner's claim in earlier years as well as in two immediate preceding years.2. The petitioner had filed its return of income on October 27, 1998, declaring total loss of Rs. 8,85...
Tag this Judgment!Chandrakant Muljibhai Parikh Vs. State of Gujarat
Court: Gujarat
Decided on: Feb-27-2001
Reported in: AIR2001Guj234; (2001)1GLR712
H.R. Shelat, J. 1. Against the inaction of the Government of Gujarat in framing the Rules qua the pension for the Members of the Gujarat Legislative Assembly, petitioner the Ex-M.L.A. by filing this petition under Article 226 of the Constitution of India, seeks appropriate writ directing the Government to frame the Rules, publish the same and decide his application in that regard passing appropriate order etc. 2. The matrix of the facts first be stated. The petitioner was elected as the Member of the Gujarat Legislative Assembly from Baroda City Constituency in the year 1967 and served as Member of the Assembly for the full term of 5 years. He was again elected when elections were held in 1972 and served as a Member of the Assembly for the full term of 5 years. The Gujarat Legislative Assembly passed an Act known as 'The Gujarat Legislative Assembly Members' Pension Act, 1984 (for short, 'the Act'). It was to come into force on such day the Government of Gujarat might by notification i...
Tag this Judgment!Mehta Rameshchandra Manilal Vs. Spl Land Acquisition Officer
Court: Gujarat
Decided on: Feb-27-2001
Reported in: (2001)4GLR3672
M.R. Calla, J.1. We have before us two sets of First Appeals. The first set of First Appeals is a group of 13 First Appeals i.e. First Appeals No. 2129 to 2134 of 1995 (6) and First Appeals No. 2136 of 1995 to 2142 of 1995 (7) filed on behalf of the lands owners - claimants. The other set of First Appeals is a group of 14 First Appeals i.e. First Appeal No. 2618 of 1995 to 2631 of 1995 filed by the Acquiring Body i.e. Gujarat Housing Board. These 13 First Appeals, as above, filed by the land owners i.e. claimants and the 14 First Appeals filed by the Acquiring Body i.e. Gujarat Housing Board, i.e. 27 Appeals in all, are all directed against the common judgment and award dated 29th of October, 1994, passed by the Joint District Judge, Ahmedabad (Rural) in land Acquisition Cases No. 633 of 1988 to 646 of 1988, Land Acquisition Case No. 641 of 1988 being the main case. The land owners claimants as well as the Acquiring Body are aggrieved against this Common judgment and order dated 29th o...
Tag this Judgment!Rao Sweta Loknath Vs. Executive Secretary, Central Degree Admission Co ...
Court: Gujarat
Decided on: Feb-26-2001
Reported in: (2001)2GLR1653
D.H. Waghela, J.1. 'Whether a person born, brought up and domiciled in the State of Gujarat and belonging to a scheduled caste would be disentitled to the benefits as such only on the ground that his or her parents hail from another State where also they were members of a Scheduled Caste?' is the issue arising in this petition under Arts. 14, 16 and 226 of the Constitution.2. The petitioner was born in 1981 in Gujarat to the parents who had earlier in 1978 migrated from the State of Uttar Pradesh. The family belongs to Chamar community which is a specified scheduled caste in relation to the State of Uttar Pradesh as well as the State of Gujarat. The petitioner who successfully passed the examination of Standard 12 in science stream from a convent high school in Bhavnagar, applied for admission in medical/engineering college and was told that she was not entitled to admission on the seat reserved for scheduled caste candidates and her case was referred to the Director, Scheduled Caste W...
Tag this Judgment!Rajeshbhai Pitambarbhai Vs. State of Gujarat
Court: Gujarat
Decided on: Feb-26-2001
Reported in: (2002)4GLR3753
K.M. Mehta, J.1. Rajeshbhai Pitambarbhai Parmar and other original accused have filed this Criminal Revision Application under Section 397 of the Code of Criminal Procedure (hereinafter be referred to as the Code) challenging the order dated 30th August, 2000 passed by the Additional Sessions Judge, Nadiad, by which the learned Judge has altered the charge. The learned Judge by the said order added the charge against all the accused under Section 176 read with Section 114 of the Indian Penal Code as well as Section 304(B) of the Indian Penal Code.2. The facts giving rise to this application are as under :-2.1 It is the case of the applicants that the applicants - accused was charged in connection to the Criminal Case registered at Mehelav Police Station bearing C.R. No. I 7/99 for offences punishable under Sections 306, 498-A, 201 and 114 of Indian Penal Code. The said charge was filed somewhere on 10th May, 2000.3. After aforesaid charge was framed according to the prosecution, six wi...
Tag this Judgment!Heirs and Legal Representative of Decd. Nathuji Thakore Vs. State of G ...
Court: Gujarat
Decided on: Feb-26-2001
Reported in: (2002)4GLR3235
M.R. Calla1. Rule. Mr. Umesh Trivedi, learned A.G.P. waives service of rule on behalf of respondents.2. This Special Civil Application dated 18.2.97 was filed in this court on 29.4.97. The petitioners have come with the case that they are the owners and were in possession of the lands bearing Survey Nos.56/1, 56/2 and 56/3 admeasuring 2 Acres -29 Gunthas, 2 Acres - 7 Gunthas and 2 Acres - 18 Gunthas respectively situated in the sim of village Dholakuva, District - Gandhinagar since the time of their ancestors and that they were cultivating the same. They also claim that there are corresponding entries in the Revenue Records in their favour. It is also stated that the possession of the said lands alongwith other lands of other owners was taken by the respondents on 23.3.96 in advance, in anticipation of the acquisition of the said lands for public purpose i.e. for use and construction of Capital Project, Gandhiangar and that at that time the petitioners were assured that they would be g...
Tag this Judgment!V.i. Gosai Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Feb-23-2001
Reported in: (2001)2GLR1767
M.R. Calla, J.1. The petitioner was working as a Mamlatdar and was posted as Public Relations Officer in the office of the Collector, Palanpur. He sought his voluntary transfer as Administrator at Mehsana District on the ground that his wife is suffering from cancer. However, this request was not acceded to and the petitioner was transferred on deputation in the Gujarat Slum Clearance Board vide order dated 27-9-1988. The petitioner's grievance is that this transferorder against deputation post had been made without his consent and this transfer order posting him by way of deputation was illegal. However, the fact remains that the petitioner was relieved on 8-11-1988. After 8-11-1988 the petitioner did not join his duties at any place where the posting was given to him and he joined the service only on 29-5-1989 when he was given a posting as Public Relations Officer in the office of the Collector, Ahrnedabad in terms of the order dated 10-5-1989.2. In substance, therefore, the petitio...
Tag this Judgment!Core Healthcare Ltd. Vs. Standard Chartered Bank
Court: Gujarat
Decided on: Feb-23-2001
Reported in: [2001]106CompCas70(Guj)
1. The applicant, Core Healthcare Ltd., has filed these two applications with a prayer to review the order dated 2-5-2000, passed by this Court and to permit the applicant to withdraw from its statement that it will not approach the Board for Industrial and Financial Reconstruction till the hearing and final disposal of the appeal from Order No. 167 of 2000.2. To appreciate the grievances of the parties, certain facts are necessary. The Respondent No. 1 herein filed a suit being Special Civil Suit No. 259 of 1999, in the Court of the learned Fourth Joint Civil Judge, Senior Division, Ahmedabad (Rural) at Mirzapur, for recovering the alleged dues from the applicant. In the said suit, the respondent No. 1 made anapplication exhibit No. 5 for interim relief, inter alia, for a temporary order of injunction restraining the applicant from selling, encumbering, alienating, transferring, parting with possession of or creating any third party rights and interest in the movable and immovable pro...
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