Gujarat Court July 2001 Judgments
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Sarabhai Technological Development Syndicate Pvt. Ltd. Vs. Commissione ...
Court: Gujarat
Decided on: Jul-05-2001
Reported in: [2002]254ITR84(Guj)
D.A. Mehta, J.1. The Income-tax Appellate Tribunal, Ahmedabad Bench 'A', has referred the following two questions for the opinion of this court. '1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the assessee was not entitled to gratuity liability of Rs. 55,680 as it has not arisen and whether the said finding of the Tribunal is not against the provisions of the Industrial Disputes Act and the Payment of Gratuity Act ?2. Whether, on the facts and in the circumstances of the case, the Tribunal was further justified in law in holding that the assessee was not entitled to claim foreign tour expenses of Shri V.P. Mehta and whether the above finding of the Tribunal to the effect that the assessee has not established requisite nexus is not against the evidence on record and the said finding is not reasonable ?'2. The assessment year is 1978-79 and the relevant previous year is the year ended March 31, 1978. During the course of a...
Gujarat Kamdar Panchayat Vs. Maize Products and anr.
Court: Gujarat
Decided on: Jul-05-2001
Reported in: (2002)1GLR567
R.R. Tripathi, J.1. With the consent of the parties, both these matters are taken up for final disposal.Rule. Learned Counsel appear and waive service of Rule on behalf of respective parties in each of these matters.2. In Special Civil Application No. 11466 of 2000, Gujarat Kamdar Panchayat has challenged the order passed below Exh. 3 - an application for interim relief in Reference (I.T.) No. 561 of 1999, whereby the Honourable Tribunal has passed an interim order directing the respondent-Company to take the remaining 64 workers on job if they tender a writing, a proforma of which is provided in the operative part of the order itself, which reads as under :'I, the undersigned, as was misled, went on strike from 20th October, 1999 and I express my apology for the same and give an undertaking not to claim for the wages for the days lost on account of that. Taking into consideration this application of mine, I may be permitted to resume duties.'It is also clarified in the order itself th...
Sardar Patel University Vs. Harikrishna Chandulal Trivedi and anr.
Court: Gujarat
Decided on: Jul-05-2001
Reported in: (2002)2GLR1082
P.B. Majmudar, J.1. Whether a Professor (respondent No. 1 herein), who is appointed on the post of the Head of the Department of the petitioner-University, is entitled to continue even after the tenure of such appointmentis over, is the question which is required to be considered in this Special Civil Application.2. In the petitioner-University, there is a post of 'Head of University Department' and such Head of the Department can be appointed by the Syndicate from amongst a person, who is a Professor, or failing him, a Reader, in any of the subjects comprised in the Department. Chapter XII of the Statutes deals with the Heads of University Departments. The relevant provisions are Sections 112A to 112D and the same are reproduced as under :-'112A. Every University department shall be designated as such with reference to a subject or group of subjects taught therein by the Syndicate under Ordinances.112B. The Head of very department designated as such under Statute 112A shall be appoint...
Tarun Engineering Works Vs. U.D. Rathod
Court: Gujarat
Decided on: Jul-05-2001
Reported in: [2002(93)FLR89]
Ravi R. Tripathi, J.1. The present Special Civil Application is filed by the petitioners, Messrs Tarun Engineering Works and Gujarat Stamping & Pressing Pvt. Ltd., challenging the award dated 6.10.1999, passed by the Labour Court, Nadiad in Reference (LCN) No.41 of 1994. The learned Judge by the impugned award ordered reinstatement of the respondent workman from the date he was relieved from the service with full back wages and cost of Rs.1000/-. The case of the petitioner is that the respondent workman was working with petitioner no.1, Tarun Engineering Works at the relevant time. He submitted his resignation on 25.10.1993. A copy of letter of resignation is produced at Annexure 'A', page 18, which is exhibit no.10/1, on which there is an endorsement reading,'Accepted. To be relieved from 31.10.93.'It is the case of petitioner no.1 that on 31.10.1993 the respondent workman asked for a certificate which was issued in his favour, a copy of which is produced at Annexure 'B', page 19, whe...
Commissioner of Income-tax Vs. Apoorva Shantilal Shah (Huf)
Court: Gujarat
Decided on: Jul-05-2001
Reported in: [2002]255ITR390(Guj)
D. A. Mehta, J. 1. The Income-tax Appellate Tribunal, Ahmedabad Bench 'C', has referred the following question of law under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act').'Whether, the Appellate Tribunal is right in law in holding that the assessee is entitled to a deduction under Section SOL of the Income-tax Act, 1961, in respect of Rs. 2,000 and Rs. 3,308 received on its compulsory depositsfor the assessment years 1982-83 and 1983-84, respectively, disregarding the provisions of Section 80AB of the Income-tax Act, 1961 ?'2. The assessment years involved are 1982-83 and 1983-84, the relevant previous years being S. Y. 2037 and S. Y. 2038, respectively. The assessee claimed deduction of interest of Rs. 3,007 and Rs. 3,308, respectively, for both the years under Section 80L of the Act as the said income was earned as interest from compulsory deposits. The Income-tax Officer disallowed the said claim and the assessee went in appeal before the Appellate...
Commissioner of Income-tax Vs. Vishwajit M. Mehta
Court: Gujarat
Decided on: Jul-04-2001
Reported in: [2002]254ITR66(Guj)
A.R. Dave, J.1. At the instance of the Revenue, the following question has been referred to this court for its opinion under the provisions of Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), by the Income-tax Appellate Tribunal, Ahmedabad Bench 'A'.'Whether, on the facts and in the circumstances and in law the Tribunal was right in coming to the conclusion that the interest under Section 215 of the Income-tax Act could not be levied as a result of an order passed under Section 154 or 155 of the Income-tax Act ?'2. The learned advocate, Shri B.B. Naik, has appeared for the applicant, whereas, though served, nobody has appeared for the respondent-assessee.3. The short question which this court has to decide is whether for the assessment year 1979-80 the assessee could have been made liable to pay additional interest under the provisions of Section 215(3) as a result of the order passed under Section 155 read with Section 154. In the process of assessmen...
Satya Pal GusaIn Vs. State of Gujarat
Court: Gujarat
Decided on: Jul-04-2001
Reported in: (2002)4GLR3032
P.B. Majmudar, J.1. By way of this petition under Article. 226 of the Constitution of India, the petitioner has challenged the legality, validity and powers of the authority to initiate departmental enquiry against him and has prayed for setting aside the departmental proceedings on the ground that it is not open for the authority to initiate departmental enquiry after his retirement from service.2. The detailed facts leading to the petition are as under:The petitioner was recruited through the Gujarat Public Service Commission as Deputy Collector, and ultimately, the petitioner has retired on 30-6-2000 on attaining 58 years of age. According to the petitioner, after he handed over the charge on the evening of 30th June, 2000, he was served with a charge-sheet on the same day, i.e. 30th June, 2000. A copy of the charge-sheet issued to the petitioner on 30th June, 2000 is annexed to the petition. Seven charges are levelled against the petitioner which are as under:(1) That during the pe...
Nagarjibhai K. Nayak Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Jul-03-2001
Reported in: 2002CriLJ2132; (2002)1GLR637
B.J. Shethna, J.1. These matters have been placed at Sr. No. 2 of urgent final hearing. As per endorsement made on the cause list they are placed today for 48th time. When the matters were called out at 11-30 a.m. a request was made by learned Shri A. I. Pathan for Shri B. S. Patel for the applicant-accused that Shri Patel has filed sick note, therefore, the matter may be adjourned.2. The aforesaid request of Mr. Pathan was rejected because firstly sick note does not count in criminal matters and secondly these matters are of 1996 wherein interim relief is granted, whereby further proceedings in criminal case filed before the trial Court against the applicant-accused in both these matters are stayed.3. From the order sheet of Misc. Criminal Application No. 4102 of 1996 it appears that when these matters were placed before my learned Brother H. H. Mehta, J., on 24-4-2001 at the fag end of the day, Shri B. S. Patel, learned Advocate sought time and accordingly it was adjourned to 21-6-20...
State of Gujarat Vs. Dharmendrasinh @ Mansinh Ratansinh Makwana
Court: Gujarat
Decided on: Jul-03-2001
Reported in: (2001)3GLR2593
B.C. Patel, J.1. Joint District Judge and Additional Sessions Judge, Sabarkantha at Himmatnagar has forwarded the Record & Proceedings of Sessions Case No. 117 of 1998 under Sub-section (1) of Section 366 of the Code of Criminal Procedure, 1973 for confirmation of death sentence awarded to accused Dharmendrasinh @ Mansinh Ratansinh Makwana, by the Additional Sessions Judge, Sabarkantha at Himmatnagar on 28-4-2000. The said accused has preferred Criminal Appeal No. 500 of 2000 against the order awarding death penalty for double murder of his minor sons Jigarsinh and Vimalsinh, aged about 12 years and 7 years respectively on 24-8-1998. The facts briefly leading to the present prosecution as they emerge from the First Information Report are as under.2. Ashaben, wife of the accused lodged First Information Report pointing out that before about 15 years, she got married with the accused and was residing at Bhadresar. Out of the wedlock, she delivered two sons namely Jigarsinh aged about 12 ...
Manjula P. Shah Vs. Govt. of India and ors.
Court: Gujarat
Decided on: Jul-03-2001
Reported in: AIR2002Guj189
ORDERM.S. Shah, J.1. In this petition under Article 226 of the Constitution, the petitioner has prayed for a writ of mandamus directing the respondents, i.e. Government of India, Regional Director. Gujarat Region National Savings Organisation and the Deputy Regional Director of the said organisation at Ahmedabad to renew the petitioner's agency under 'Mahila Pradhan Kshetriya Bachat Yojana ('Yojana' or 'Scheme' for brevity) with effect from 7-3-1996 onwards.2. The Government of India had launched a scheme called Mahila Pradhan Kshetriya Bachat Yojana with effect from 1-4-1972 in order to, inter alia, educate the housewives and secure Investments, raise resources for financing development and defence of the country. Under the said scheme, amongst others, an individual woman of any locality can be appointed, upon recommendation of the District Savings Officer of the area, as an authorised agent leader for that particular locality. The petitioner applied for becoming the agent leader in t...
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