Gujarat Court November 2003 Judgments
Ashok Travels Vs. Union of India (Uoi)
Court: Gujarat
Decided on: Nov-28-2003
Reported in: 2005(184)ELT24(Guj)
A.R. Dave, J.1. Rule. Service of rule is waived by learned Sr. Central Government Standing Counsel Shri D.N. Patel for the respondents. At the request of the learned Advocates, the petition is finally heard today.2. The petitioner has challenged the validity of the order dated 16-10-2003, whereby the petitioner's application for stay has been rejected and the petitioner has been directed to deposit a sum of Rs. 50 lakhs as pre-deposit under the provisions of Section 35F of the Central Excise Act, 1944, within a period of 10 days from the date of receipt of the said order.3. Learned Advocate Shri P.G. Desai appearing for the petitioner has submitted that the said order is unjust and improper. Apart from that, he has submitted that the order is very harsh because it would be very difficult for the petitioner to deposit the said amount as the petitioner had never collected the amount of tax, and more particularly when the petitioner is not liable to pay the tax asked for.4. Learned Sr. Ce...
Tag this Judgment!Chetanbhai Vasantbhai Mistary Vs. State of Gujarat
Court: Gujarat
Decided on: Nov-25-2003
Reported in: II(2005)BC59
D.H. Waghela, J.1. RULE. The learned counsel for the respondents waived service of Rule and, on joint request, the application was taken up for final disposal.2. By this revision application, the petitioner has challenged the judgment and order dated 10.6.2003 of the learned Additional Sessions Judge, Fast Track Court No.3, Vadodara, made in Criminal Revision Application No.109 of 2003, whereby the revision application of the respondent No.2 was allowed and the order dated 17.2.2003 of the learned Chief Judicial Magistrate in Muddamal Application No.47 of 2003 was quashed and the matter was remanded for re-hearing. The order under revision before the learned Additional Sessions Judge had, in substance, directed delivery of the muddamal cheque to the present petitioner for the purpose of presentation in bank. The muddamal articles about which the controversy has reached this Court are a number of cheques recovered pursuant to the complaint dated 4.2.2003 of the respondent No.2 which was...
Tag this Judgment!Paras Bansilal Patel Vs. B.M. Jindel or His Successor in Office
Court: Gujarat
Decided on: Nov-21-2003
Reported in: (2004)187CTR(Guj)613; [2004]267ITR108(Guj)
A.R. Dave, J. 1. As the issues involved in each of the petitions are the same, all the petitions are heard and decided together by this common judgment. 2. RULE. Service of rule is waived by learned Standing Counsel Shri B.B. Naik in Special Civil Applications Nos. 11870/03 and 13303/03 and by learned Standing Counsel Shri B.T. Rao in Special Civil Applications Nos. 14063/03 and 14065/03. At the request of the learned advocates, the petitions are finally heard today. 3. In all these petitions the petitioners have been aggrieved by an order dated 9.12.2002 passed by the respondent, whereby the respondent-the Chief Commissioner of Income-tax, Surat, had not waived interest, which was charged under the provisions of sec. 234A of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'). 4. The facts giving rise to the petitions, in a nutshell, are as under : 4.1 The petitioners had to file their returns of income before 31.10.1991 for the Assessment Year 1991-92. The petitioners had...
Tag this Judgment!Paras Bansilal Patel Vs. B.M. Jindel
Court: Gujarat
Decided on: Nov-21-2003
Reported in: [2004]135TAXMAN125(Guj)
A.R. Dave, J. As the issues involved in each of the petitions are the same, all the petitions are heard and decided together by this common judgment.2. Rule. Service of rule is waived by learned Standing counsel Shri B.B. Naik in Special Civil Application Nos. 11870/03 and 13303/03 and by learned Standing counsel Shri B.T. Rao in Special Civil Application Nos. 14063/03 and 14065/03. At the request of the learned advocates, the petitions are finally heard today.3. In all these petitions the petitioners have been aggrieved by an order dated 9-12-2002 passed by the respondent, whereby the respondent-the Chief Commissioner of Income-tax, Surat, had not waived interest, which was charged under the provisions of section 234A of the Income Tax Act, 1961 (hereinafter referred to as 'the Act').4. The facts giving rise to the petitions, in a nutshell, are as under::4.1 The petitioners had to file their returns of income before 31-10-1991 for the assessment year 1991-92. The petitioners had not f...
Tag this Judgment!State of Gujarat Vs. Surendrapal Shivabalakpal
Court: Gujarat
Decided on: Nov-19-2003
Reported in: (2004)3GLR628
B.J. Shethna, J. 1. Appellant - accused Surendrapal Shivbalakpal, Aged : 36, is found guilty for the offences of kidnapping, rape and murder, punishable u/ss. 363, 376 and 302 I.P.Code by the learned Sessions Judge, Ahmedabad (Rural), Navrangpura, Ahmedabad, in Sessions Case No.212 of 2002 and sentenced to suffer 7 years R.I. and to pay fine of Rs.1000/- and i/d. to further under-go 3 months' S.I. for the offence u/s. 363 I.P.Code, life imprisonment and to pay a fine of Rs.2000/- i/d. to further under-go 5 months R.I. for the offence u/s. 376 I.P.Code and Death sentence for the offence u/s. 302 I.P.Code and ordered to hang him till he dies.After passing this order of conviction and sentence on 20.6.2003 against the appellant - accused, the learned Sessions Judge has made reference to this Court u/s. 366 of the Code of Criminal Procedure for confirming the death sentence awarded by him to the accused for the offence u/s. 302 I.P.Code which is registered as Criminal Confirmation Case No....
Tag this Judgment!Mohitosh Dass C/O Gujarat Rajya Kamdar Union Vs. M.G. Memon or His Suc ...
Court: Gujarat
Decided on: Nov-18-2003
Reported in: (2004)2GLR555
H.K. Rathod, J.1. Heard learned advocate Mr.M.S.Mansuri on behalf of the applicant in civil application and for petitioner in main petition and learned advocate Mr.Krunal Nanavati for respondent - employer.The present civil application is filed with prayer to fix the matter for final hearing. Both the learned advocates are ready to make their submissions finally in the main matter today and request is made by both the learned advocates accordingly. Therefore, this Court has accepted the request of both the learned advocates and main matter is taken up for final hearing today.In above view of the matter, civil application No.8177 / 2003 stands disposed of accordingly.Heard learned advocate Mr.M.S.Mansuri for petitioner and learned advocate Mr.Krunal Nanavati for respondent No.2 - employer, so also, learned AGP Mr.Siraj Gori for respondent No.1 in the main matter.2. The brief facts giving rise to the present petition are as under :-The petitioner was working with the respondent No.2 with...
Tag this Judgment!Safeguard Surgicals Vs. Union of India (Uoi)
Court: Gujarat
Decided on: Nov-18-2003
Reported in: 2005(183)ELT13(Guj)
A.R. Dave, J.1. RULE. Service of rule is waived by learned Sr. Central Government Standing Counsel Shri D.N. Patel for the respondent authorities. At the request of the learned advocates, the petition is finally heard today.2. The petitioners are aggrieved by an order dated 28-1-2000 passed by respondent No. 2, whereby the petitioners were communicated that they had not paid the amount payable under Kar Vivad Samadhan Scheme (for short, 'KVSS') within 30 days from the date of receipt of Form No. 28 under KVSS, 1998 and, therefore, the petitioners were not entitled to any benefit under the scheme.3. Learned advocate Shri P.M. Dave appearing for the petitioners has submitted that the petitioners wanted to avail of benefit under the KVSS and had, therefore, approached respondent No. 2. Necessary declaration was filed by the petitioners on 29-11-1998, and in pursuance thereof, the designated authority had issued a certificate on 8-1-1999. The said certificate was served upon the petitioner...
Tag this Judgment!Indian Petrochemicals Corp. Ltd. Vs. Manilal Bhanabhaivasava
Court: Gujarat
Decided on: Nov-18-2003
Reported in: [2004(101)FLR747]
H.K. Rathod, J.1. Heard learned advocate Mr. Kunal Nanavati for M/s. Nanavati Associates for the petitioner and Mr.M.S. Mansuri for the respondent workman. In this petition under Article 227 of the Constitution of India, the petitioner has challenged the award made by the labour court, Baroda in Reference (LCV) No. 474 of 1996 wherein the labour court has, while allowing the reference in part, ordered the first party company to reinstate the concerned workman to his original post and to pay 25 per cent of the backwages with other benefits to the concerned workman with costs quantified at Rs. 500.00.2. This Court (Coram : R.M. Doshit,J.) has passed the following order on 22nd April, 1999 while admitting the petition:'Heard learned advocates for the respective parties. Rule. Pending this petition, there shall be interim relief against the payment of back wages. By way of interim arrangement, it is directed that the respondent workman will, within a period of 15 days from today, give an u...
Tag this Judgment!income-tax Appellate Tribunal Bar Association Vs. Union of India (Uoi)
Court: Gujarat
Decided on: Nov-17-2003
Reported in: [2003]264ITR726(Guj)
ORDER1. Notice to the respondents. Since the constitutional validity of the Ordinance dated October 16, 2003, is challenged, notice to the Attorney General of India.2. The petitioners have challenged the constitutional validity of the National Tax Tribunal Ordinance, 2003 (3 of 2003) on October 16, 2003, on the grounds, amongst others, that unusual and exceptional circumstances did not exist for issuance of the Ordinance, when Parliament is likely to meet in the first week of December, 2003. On the merits, it is contended that the proposal for establishing the National Tax Tribunal is being mooted since 1971, but no legislation was passed during the past 30 years, therefore, there can be no justification to pass the Ordinance. The reason that the High Courts are differing in their opinions from time to time cannot be a ground to establish the National Tax Tribunal, otherwise the High Courts are generally forming decisions following each other on questions of law. As against, the Income...
Tag this Judgment!Nadirkhan Babakhan Navabkhan Pathan Vs. State of Gujarat
Court: Gujarat
Decided on: Nov-15-2003
Reported in: 2004CriLJ3200
R.P. Dholakia, J. 1. Rule. Learned A.P.P., Mrs.Hansa Punani, waives service of rule on behalf of the respondent-State in both the petitions. With the consent of learned counsel appearing for the respective parties, both these petitions are taken up for final hearing.2. Both these petitions have been filed under Sec. 482 of the Code of Criminal Procedure for quashing and setting aside the First Information Reports being C.R.No.II-3187 of 2002 lodged with the Danilimda Police Station and C.R.No.I-530 of 2002 lodged with Naroda Police Station and for deleting the name of the petitioner from the respective charge-sheets showing him as an absconding accused mainly on the ground that the only evidence available with the investigating agency is the statement of co-accused and also on the ground that the present petitioner is a social worker who has organized relief camp under the banner of Hajarat Shah-e-Alam Relief Camp at Ahmedabad and who has made grievance against the administration befor...
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