Gujarat Court June 2001 Judgments
Gujarat State Road Transport Corporation Vs. Shankerbhai Panabhai Bhoi
Court: Gujarat
Decided on: Jun-29-2001
Reported in: [2002(93)FLR213]; (2002)2GLR1057
N.G. Nandi, J. 1. This matter was first listed on 22nd June 2001. On that day none appeared for respondent No. 1. Today also none is present, despite matter called out thrice, for respondent No. 1, Mr. L. R. Pujari, learned A.G.P., for respondent No. 2.2. In this Special Civil Application under Article 226 of the Constitution of India, the petitioner has been challenging the order dated 11-1-1988 passed by the Labour Court, Nadiad in Reference (L.C.N.) No. 157 of 1984 directing reinstatement of respondent No. 1 with 80% back wages and continunity of service. The said order also provides for the stoppage of two increments.3. Shankerbhai Panabhai Bhoi (Respondent No. 1) was serving with Gujarat State Road Transport Corporation ('G.S.R.T.C.' for the short) as a Conductor; that the said employee remained unauthorisedly absent from 13-12-1978 to 16-1-1979 for which the employee was first served with show-cause notice, and thereafter, served with the charge-sheet. No reply either to the show...
Tag this Judgment!Ramdev Exports Vs. Commissioner of Income-tax
Court: Gujarat
Decided on: Jun-29-2001
Reported in: [2001]251ITR873(Guj)
A.R. Dave, J.1. Rule. Service of rule is waived by the learned advocate, Shri M. B. Bhatt, for the respondent.2. The petitioner-assessee, for the assessment years 1996-97 and 1997-98, was eligible for certain deductions under the provisions of Section 80HHC of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'). For the assessment year 1996-97, the petitioner had filed its return on April 50, 1996, whereas for the assessment year 1997-98 the return was filed on October 28, 1997. The return filed for the assessment year 1996-97 was assessed under the provisions of Section 143(3) of the Act by an orderdated March 15, 1999, by the Assessing Officer whereas for the assessment year 1997:98 the assessment order was passed under Section 143(1) on September 17, 1999. In the course of the assessment, the Assessing Officer had accepted the income of the assessee as returned by the assessee.3. After the assessment was over, the assessee had filed a revision application before the resp...
Tag this Judgment!Babubhai C. Kachhadiya Vs. Rajkot Municipal Corporation
Court: Gujarat
Decided on: Jun-29-2001
Reported in: [2001(91)FLR159]; (2002)ILLJ1138Guj
J.M. Panchal, J. 1. All the above-numbered appeals are ordered to be admitted, At the joint request of the learned counsel for the parties, the appeals are taken up for final disposal today. By filing the above-numbered appeals, the appellant in each appeal has challenged common order dated February 26, 2001 passed by the learned single Judge in Special Civil Application No. 1392/2001 to 1409/2001, by which the petitions filed by the common employer against common award passed by the Labour Court, Rajkot directing the employer to reinstate the appellants in service with back wages, are admitted and interim relief in terms of para 7(B) staying operation of the award is granted without requiring the respondent-Corporation to comply with the provisions of Section 17-B of the Industrial Disputes Act, 1947. 2. The appellants were employed by the respondent-Corporation on August 28, 1990. Their services were orally terminated on September 4, 1991. Therefore, they raised disputes regarding il...
Tag this Judgment!Ramdev Exports Vs. Cit
Court: Gujarat
Decided on: Jun-29-2001
Reported in: (2001)169CTR(Guj)193
A.R. DAVE, J.Rule. Service of rule is waived by learned advocate Shri M.R. Bhatt for the respondent.2. The petitioner-assessee, for the assessment years 1996-97 and 1997-98, was eligible for certain deductions under the provisions of section 80HHC of the Income Tax Act, 1961 (hereinafter referred to as 'the Act'). For the assessment year 1996-97 the petitioner had filed its return on 30-4-1996, whereas for the assessment year 1997-98 the return was filed on 28-10-1997. The return filed for the assessment year 1996-97 was assessed under the provisions of section 143(3) of the Act by an order dated 15-3-1999, by the assessing officer whereas for the assessment year 1997-98 the assessment order was passed under section 143(1) on 17-9-1999. In the course of the assessment, the assessing officer had accepted income of the assessee as returned by the assessee3. After the assessment was over, the assessee had filed revision application before the respondent on 18-12-1999, submitting that the ...
Tag this Judgment!Bhupendrakumar Kantilal Soni Vs. State of Gujarat
Court: Gujarat
Decided on: Jun-29-2001
Reported in: (2002)4GLR3546
H.K. Rathod, J.1. Heard Mr.Vijay Patel, learned advocate appearing on behalf of M/s H.L.Patel Advocates for the petitioners and Mr.H.L.Jani, learned APP appearing on behalf of the respondents so also the concerned investigating officer DySP CID Crime Mr.V.B.Joshi also remained personally present with all relevant record before this Court.2. In the present petition, RULE has been issued by this Court on 13th December, 2000 and thereafter on 29th November, 2000 this Court has passed order with direction to the respondent to place on record the order of Judicial Magistrate concerned dated 4th March, 1999 on the record of this Special Criminal Application on the next date and further to make a statement as to what is the result of the further investigation in the matter. Similarly, again this Court has passed order on 20th June, 2001 directing the respondent No.3 - Deputy Superintendent of Police, CID Crime, Vadodara Division should remain present before this Court on 27th June, 2001 at 11...
Tag this Judgment!Life Insurance Corporation of India Vs. Vasant N. Modi and anr.
Court: Gujarat
Decided on: Jun-28-2001
Reported in: (2002)1GLR450
K.M. Mehta, J. 1. Rule. Mr. Y. S. Lakhani waives service of Rule. Life Insurance Corporation of India petitioner, original defendant No. 1 has filed this Revision Application under Section 115 of the Code of Civil Procedure challenging the judgment and order dated 26th November, 1999 passed by the City Civil Court, at Ahmedabad below Exh. 113 in Civil Suit No. 12 of 1998. The learned Judge has ordered that the petitioner original defendant No. 1 to produce the documents narrated in paragraph Nos. 3(a), 3(c), 3(d), 3(0 and 3(g) of this application within 10 days. As regards the documents narrated in para 3(g) is concerned, if any fee is required to be paid, then the plaintiff is ordered to deposit the same on informing by the defendant No. 1 to that effect. 2. The facts giving rise to this application are as under :- 2.1 Shri Vasant N. Modi - respondent No. 1 herein original plaintiff was an employee of Life Insurance Corporation of India - defendant No. 1 appellant herein. The petition...
Tag this Judgment!Swastik Textile Engineering Pvt. Ltd. Vs. State of Gujarat
Court: Gujarat
Decided on: Jun-28-2001
Reported in: [2002(94)FLR823]
Ravi R. Tripathi, J.1. The Court issued rule on 22.1.2001 and the same is served to the respondent workman on 8.2.2001, but he has not chosen to remain present before the Court, nor had he got himself represented through an advocate.2. This petition is filed by Swastik Textile Engineers Pvt. Limited against an order passed by the Assistant Commissioner of Labour, Ahmedabad Division dated 25.9.2000 making a reference, a copy of which is produced at Annexure 'I' to the petition, whereby the dispute mentioned in the schedule is referred for adjudication to the Labour Court, which reads as under:'As to whether R. Bharatirajan is required to be reinstated on his original post with full back wages?'3. The facts giving rise to the present petition are that the workman, respondent no.2 herein had joined services of the petitioner company as erector on 9.2.1994. Said workman resigned from the services for the reasons stated in his resignation letter dated 23.6.1994, Annexure 'A'. It is the case...
Tag this Judgment!Commissioner of Income-tax Vs. Saurashtra Cement and Chemicals Industr ...
Court: Gujarat
Decided on: Jun-27-2001
Reported in: [2002]253ITR373(Guj)
A.R. Dave,J.1. At the instance of the Revenue, the Income-tax Appellate Tribunal, Ahmedabad, Bench-C, has referred to this court, for its opinion, the following questions of law under the provisions of Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act').'(i) Whether, the Tribunal has not erred in law and on facts in holding that the amount of Rs. 8,50,000 received by the assessee was not taxable as revenue receipt in the hands of the assessee ?(ii) Whether the finding of the Tribunal that the receipt relating to liquidated damages cannot be treated as a revenue receipt but must be held to be a capital receipt not exigible to tax is correct in law ?(iii) Whether, the assessee is entitled to the addition made to the machinery during the year while determining the capital employed for the purpose of claim under Section 80J of the Income-tax Act, 1961 ?'2. The facts giving rise to the present reference in a nutshell are as under. The respondent-assessee had en...
Tag this Judgment!Cit Vs. Saurashtra Cement and Chemicals Industries Ltd.
Court: Gujarat
Decided on: Jun-27-2001
Reported in: (2002)172CTR(Guj)11
A.R. Dave, J.At the instance of the revenue, the Tribunal, Ahmedabad, Bench 'C', has referred to this court, for its opinion, the following questions of law under the provisions of section 256(1) of the Income Tax Act, 1961 (hereinafter referred to as the Act) :'(i) Whether, the Tribunal has not erred in law and, on facts in holding that the amount of Rs. 8,50,000 received by the assessee was not taxable as revenue receipt, in the hands of the assessee.(ii) Whether, the finding of the Tribunal that the receipt relating to liquidated damages cannot be treated as a revenue receipt but must be held to be a capital receipt not exigible to tax, is correct in law ?(iii) Whether, the assessee is entitled to the addition made to the machinery during the year, while determining the capital employed for the purpose of claim under section 80J of the Income Tax Act, 1961 ?'2. The facts giving rise to the present reference in a nutshell are as under.3. The respondent-assessee had entered into an ag...
Tag this Judgment!Kantibhai P. Tadvi Vs. State of Gujarat
Court: Gujarat
Decided on: Jun-27-2001
Reported in: (2002)4GLR2802
R.K. Abichandani, J.1. These two appeals have been preferred by these four appellants, one through their lawyer and the other through jail, against the judgement and order dated 31st July 1990 of the learned Additional Sessions Judge, Vadodara in Sessions Case No. 12 of 1990, by which all the appellants - original accused persons were convicted for the offence under section 302 read with section 34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life.2. The prosecution version was that, on 29th October 1989, at about 3.00 p.m., the accused No. 1 - Kantibhai Panchabhai Tadvi armed with an axe, the accused No. 2 Kanubhai Chhaganbhai Tadvi armed with a stick, the accused No. 3 - Rameshbhai Ramabhai Tadvi armed with a crowbar and the accused No. 4 - Bhagabhai Chhaganbhai Tadvi armed with a stick, came near the house of Somabhai Panchabhai, who was the brother of the accused No. 1 Kantibhai Tadvi and also closely related to the other accused persons and attacked S...
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