Gujarat Court September 2002 Judgments
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Kalubhai Bhagvanbhai Karmata Vs. Mamlatdar Talala (Gir) and ors.
Court: Gujarat
Decided on: Sep-04-2002
Reported in: AIR2003Guj237
ORDERJayant Patel, J. 1. Rule. Mr. Raval waives service of the of rule on behalf of respondents. With the consent of parties the matter is taken up for final hearing today.2. Both these petitions arise against the order, dated 20-4-2002 passed by the Mamalatdar. Talala whereby the certificate for ST are denied to the petitioners. Since the facts are common, and the issue is also common, and the petitioners are real brothers, both these petitions are disposed of by this common judgment.3. There is common contention that the forefathers of the petitioners were residing in nes of Gir and they are belonging to Rabari community. The Govt. declared that those Rabaris residing in the nes Gir forest area in the year 1956, i.e. on 29-10-1956 they are to be treated as Scheduled Tribe of the purpose of reservation. It has been contended on behalf of petitioners that Bhagwan Karmata who is the father of the petitioner is granted certificate of ST and the petitioners applied for issuance of certifi...
Heirs of Babubhai H. Kanada Vs. Natwarlal Chandarana
Court: Gujarat
Decided on: Sep-04-2002
Reported in: (2003)4GLR643
H.H.Mehta, J.1. The original revision petitioners of Civil Revision Application No.348 of 1988 decided by this Court, have by preferring this application under Section 5 of the Limitation Act, 1963 requested this Court to condone the delay of 440 days for filing a proposed Review Petition under Section 114 of the Civil Procedure Code, read with Order, 47, Rule-1 of the Civil Procedure Code, being Misc. Civil Application [Stamp] No.2140 of 2001.2. The present petitioners and opponent Nos.2 and 3 being tenants were the original defendants in original Regular Civil Suit [Rent Suit] No.345 of 1981 before the trial Court. The opponent No.1 being Landlord was a plaintiff in the said suit. [The parties before this Court will be referred to as the plaintiff and defendants respectively hereinafter for the sake of convenience]. The plaintiff filed one Regular Civil Suit [Rent Suit] No.345 of 1981 in the Small Causes Court, at Rajkot on 16/12/1981, against the defendants for decree of eviction an...
Cit Vs. Swastik Industries
Court: Gujarat
Decided on: Sep-04-2002
Reported in: [2002]125TAXMAN175(Guj)
D.A. Mehta, J. The Tribunal, Ahmedabad Bench `B, has raised the following common question for the opinion of this court under section 256(1) of the Income Tax Act, 1961 (hereinafter referred to as the Act) :'Whether, the Tribunal is right in law and on facts in directing the Income Tax Officer to allow deduction under section 80HH before allowing weighted deduction under section 35B of the Act ?'2. The assessment years are 1977-78 and 1978-79, the relevant accounting periods being samvat year 2032 and 2033. The assessee claimed deduction under section 80HH of the Act, without deducting weighted deduction under section 35B of the Act, from the profits and gains relatable to the industrial undertaking. The said claim was rejected by the assessing officer. In appeal, the Commissioner (Appeals) upheld the claim made by the assessee by following the decision of the Tribunal, Calcutta Bench, in the case of Bihar Mercantile Union (P) Ltd. v. ITO (IT Appeal No. 1424 (Cal) of 1982). The order o...
Dhiren Baxi Vs. Regional Passport Officer
Court: Gujarat
Decided on: Sep-03-2002
Reported in: AIR2003Guj108; (2003)1GLR370
P.B. Majmudar, J.1. The petitioner has filed this petition under Article 226 of the Constitution of India, challenging the directions issued by the Passport Authority in its communication dated 8-1-1999 as well as for quashing and setting aside the decision of the Passport Authority in not issuing passport to the petitioner.2. The petitioner is a practising Chartered Accountant. Since, he was desirous of having a passport, he made an application on 10-3-1999, with all necessary papers. At the time of processing the passport application, the authority found that some criminal complaints are pending against the petitioner. The petitioner was asked by the Authority to the produce the copy of the judgment and the said information was called for from the petitioner by way of letter dated 21st April, 1997. The petitioner was informed that if he failed to produce such copy, the case of the petitioner will be treated as closed. The Authority has informed the petitioner to produce copy of the C...
Laxmidas Kurjibhai and ors. Vs. District Registrar, Co-operative Socie ...
Court: Gujarat
Decided on: Sep-03-2002
Reported in: (2003)1GLR462
P.B. Majmudar, J. 1. Petitioner Nos. 1 to 8 as well as one Karamshibhai Gordhanbhai (since deceased), represented by his heirs and legal representatives, were the members of Vanthli Seva Sahkari Mandli Limited, Vanthli, Junagadh. 2. Respondent No. 1 instituted an enquiry against the petitioners under the provisions of Section 93 of the Gujarat Co-operative Societies, Act, 1961 and appointed respondent No. 2 as Enquiry Officer for the purpose of making report in respect of the charges levelled against the petitioners. The petitioners were subjected to enquiry on the ground that the petitioners gave to the members, Bonus, called 'Sabhasad Maal Bonus', whereby the society suffered financial loss for which the petitioners were prima facie held to be liable. 3. The petitioners were subjected to show cause notice under the provisions of Section 93 of the Act. The petitioners denied the charges by pointing out that on the basis of the Resolution passed in the General Body, it was decided to d...
Kalubhai @ Chandubhai Kehlabhai Nayaka and anr. Vs. Phoolsinh Pratapsi ...
Court: Gujarat
Decided on: Sep-02-2002
Reported in: 2003ACJ1576; (2003)1GLR853
H.K. Rathod, J.1. Heard learned Advocate Mr. Hakim for the appellant,learned Advocate Ms. Jani for the respondent No. 3. Notice for final disposalhas been issued by this Court on 21-1-2002 by making it returnable on 4thFebruary, 2002. Therefore, today, the matter has been taken up for final hearingwith the consent of both the learned Advocates. 2. In the present appeal, the appellants who are the original claimants have challenged the award made by the Motor Accident Claims Tribunal (Aux.), Panchmahals at Godhra wherein the Tribunal has directed the original opponent Nos. 2 and 3 that they should pay Rs. 1,08,000-00 to the claimants by way of compensation with proportionate costs. The Tribunal has not awarded intereston the amount of compensation awarded by it in favour of the appellants original claimants, and therefore, that part of the award has been challenged by the appellants original claimants before this Court by filing the present first appeal. 3. Learned Advocate Mr. Hakim ap...
Kishorbhai D. Panchal Vs. Chief Secretary
Court: Gujarat
Decided on: Sep-02-2002
Reported in: AIR2003Guj43
D.S. Sinha, C.J. 1. Driven more by spasmodic sentiments than the true spirit of serving the cause of any deprived or vulnerable class of the Society, Mr. Kishore D. Panchal, an advocate of 10 years' standing, appearing in-person, urges the Court, to immediately ban 'Gaurav Yatra', proposed to be organised by a political party.2. The prayer of the petitioner is founded on the following two paragraphs :'.....The petitioner is Law Graduate.National and Citizen of India. He as well as other Law abiding citizens of State are equally protected by various laws prevailing in our country. Law and Order and harmonious administration of the State affairs is the prima facie functions of the all acting Governments. 2..... Recently through Sandesh Newspapers Ltd. 23-8-2002, Friday, I came to know that Bhartiya Janata Party is organizing some Gaurav Yatra on 3-9-2002. To live peacefully is the fundamental right ascertaind by constitutional provisions. The Rally organised by any party, based on politi...
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