Gujarat Court February 2003 Judgments
District Health Officer, Jilla Panchayat Vs. Devjibhai Bhikhabhai Makw ...
Court: Gujarat
Decided on: Feb-19-2003
Reported in: (2003)4GLR382
Ravi R. Tripathi, J.1. The present petition challenges the judgement and award dated 20th August, 1989 passed by the Labour Court, Bhavnagar in Reference (LCB) No. 493 of 1989, whereby the learned Judge was pleased to order reinstatement to the respondent-workman on his original post with full back-wages for the period from 30th August, 1989 till the workman is reinstated.2. Mr. K.H. Baxi, learned Advocate appearing for the petitioner, submitted that the judgement and award is vitiated as the learned Judge has proceeded on a presumption for which there is no basis and there was no material before the learned Judge to come to the conclusion that there was breach of Section 25-F of the I.D. Act. Mr. Baxi invited the attention of the Court to the contents of paragraph-6 of the award wherein only exhibits are listed without discussing any one of them. He submitted that the learned Judge has drawn a presumption relying on the `statement of claim' filed by the respondent-workman and the depo...
Tag this Judgment!Balvantji Halaji Palvi (Darbar) Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Feb-18-2003
Reported in: (2003)2GLR1306
D.H. Waghela, J. 1. Rule. Learned A.P.P. Mr. Kodekar waives service for the respondent-State. 2. This application for bail under Section 439 of the Code of Criminal Procedure is filed by the petitioner against whom the warrant for arrest was applied for on 26-4-2002 and, according to the applicant, he was arrested only on 30-11-2002. The F.I.R. dated 2-3-2002 registered as C.R. No. 26 of 2002 in Deodar Police Station reported horrible instances of communal violence in which, as revealed afterwards, 11 men, 3 women and 2 children were killed and 38 other persons were seriously injured. During the course of investigation, the petitioner's presence in the mob, which is alleged to have committed the carnage, was indicated by more than one witness. According to the statement of one Ms. Havriben recorded on 5-3-2002, the petitioner was, along with several other named persons, found to be operating with deadly weapons in the mob and the daughter of that witness subsequently succumbed to her i...
Tag this Judgment!R.P. Chauhan Vs. Dist. Supdt of Police
Court: Gujarat
Decided on: Feb-14-2003
Reported in: (2003)4GLR119
ORDER :1. After the above order is dictated and it is transcribed but before it is signed, Mr.Saurabh Mehta the learned advocate appearing for Mr.Y.N.Oza, the learned Senior Counsel for the petitioner submits that the petitioner does not want to withdraw the present petition and hence the same may be decided on merits. He has further submitted that while deciding this petition on merits the following three judgements of this Court may kindly be taken into consideration.1) Bodu Tarmamad v. District Superintendent of Police, Jamnagar, reported in 1988 (1) GLR page 101 2) Dalabhai Bhimabhai Patel v. Deputy Commissioner of Police, Ahmedabad and another reported in 1991 (1) GLH 597 3) Mushtufakhan Gulabkhan Pathan v. State of Gujarat and another 1994 (1) GCD 798 (Guj)In view of the above request made by Mr.Saurabh Mehta, the petition is now being disposed of on merits.2. The present petition is filed against the order dated 29-10-1985 (Annexure-B) passed by respondent No.2, which was confir...
Tag this Judgment!Council of the Institute of Chartered Accountants of India Vs. P.C. Pa ...
Court: Gujarat
Decided on: Feb-14-2003
Reported in: [2003]129TAXMAN80(Guj)
A.B. Chandani, J.This Reference is made under section 21(5) of the Chartered Accountants Act, 1949, by which the council has forwarded the case to this court after finding the respondent, who is a member of the Institute of Chartered Accountants of India, guilty of misconduct other than the misconduct as is referred to in sub-section (4) of section 21 of the Act, and recommended removal of the respondents name from the Register of members of the institute of Chartered Accountants of India for a period of six months.2. The Charge levelled against the respondent in respect of the alleged misconduct reads as under :'The respondent had, authored a book entitled Tax Planning for Secret Income (hereinafter referred to as 'the Black Money')'. on going through the Preface as well as the contents of the book. It was seen that the author had explained in detail the various methods of creation of black money followed by different sections of society and the methods legal as well as illegal genera...
Tag this Judgment!Radheshyam Kantaram Yadav and anr. Vs. State of Gujarat
Court: Gujarat
Decided on: Feb-11-2003
Reported in: (2003)2GLR1171
M.S. Shah, J. 1. This is an appeal against the judgment and order dated 4-12-1997 rendered by the learned Additional Sessions Judge, Panchmahals at Dahod in Sessions Case No. 64 of 1997 convicting both the appellant-original accused for the offences punishable under Section 302 read with Section 114 I.P.C. and also for the offence punishable under Section 498A I.P.C. and sentencing both the appellant-accused to imprisonment for life and to pay a fine of Rs. 1000/- in default rigorous imprisonment for one month. The learned Additional Sessions Judge did not pass any separate order of sentence for the offence punishable under Section 498A I.P.C.2. The prosecution ease was that Anand Kantaprasad Yadav lodged the F.I.R. dated 4-2-1997 with the Police Station at Dahod to the effect that accused No. 1-Radheshyam Kantaram Yadav was married to his sister Kiran (hereinafter referred to as 'the deceased') on 21-11-1996. Accused No. 2 is the mother of accused No. 1. Accused No. 1 was employed in ...
Tag this Judgment!State of Gujarat Vs. K.G. Vasava
Court: Gujarat
Decided on: Feb-11-2003
Reported in: (2003)4GLR776
Jayant Patel, J. 1. Rule. Mr.Supehia waives service of rule on behalf of respondent. With the consent of the parties matter is taken up for final hearing. 2. The short facts of the case are that the respondent was initially appointed as a Peon and thereafter as per the say of the respondent there was promotional avenue to the post of Talati-cum-Mantri. Somewhere in the year 1994 select list was prepared for filling up of posts of Talati-cum-Mantri by promotion and the name of the petitioner also came to be included in the said select list. The list was operated from time to time. However, on 7.7.98 statutory rules came to be framed known as 'the Village Panchayat Secretary (Cl.III)(Panchayat Service) Recruitment Rules, 1998'. The Rules interalia provide for appointment to the post of Village Panchayat Secretary(Cl.III) only by direct selection. Inspite of the provisions of that Rule to fill up the post by direct selection on 5.8.98 the petitioner came to be promoted to the post of Tala...
Tag this Judgment!Pragnaben M. Patel Vs. Dist. Primary Education Officer
Court: Gujarat
Decided on: Feb-10-2003
Reported in: (2003)4GLR609
Jayant Patel, J.1. Rule. Mr. Munshaw, learned Counsel appearing for respondent No.1, waives service of notice of rule and Mr. Dabhi, learned AGP waives service of notice of rule on behalf of respondent No.2.2. The only question involved in this petition is that whether it is required for respondent No.1 authority to forward the communication of placement in the merit list and thereby to call for interview by 'Registered A.D. Post' or forwarding of the communication by 'U.P.C.' is sufficient.3. The short facts of the case are that the advertisement was published for filling up of the post of 'Vidya Sahayaks' on 10-7-2002, inviting application from the interested candidates. The petitioner applied, as per the say of the petitioner, on 20th July, 2002 together with the necessary certificates for the post in question and the application of the petitioner was registered as at Sr. No.254. The respondent prepared the merit list on the basis of application received pursuant to the advertisemen...
Tag this Judgment!Assistant Commissioner of Income-tax Vs. Saptarshi Services Ltd.
Court: Gujarat
Decided on: Feb-10-2003
Reported in: [2004]265ITR379(Guj)
ORDERS.K. Yadav, Judicial Member 1. All these five appeals have been filed by the Revenue against the consolidated order of the Commissioner of Income-tax (Appeals) dated July 31, 1996, for the assessment years 1990-91 to 1994-95. Since all these appeals pertain to the same assessee and the issue involved is common, these appeals were heard together and are being disposed by this common order for the sake of convenience.2. The common ground in all these appeals is as under :'On the facts and in the circumstances of the case and in law the learned Commissioner of Income-tax (Appeals) erred in directing to tax the income derived by the assessee from house property as 'income from business', as against the same assessed as income from house property by the Assessing Officer.'3. The facts of the case are that the assessee-company had entered into a deed of lease with M/s. Kohinoor Tobacco Products (P) Ltd. According to the lease agreement which is unregistered M/s. Kohinoor Tobacco Product...
Tag this Judgment!Jagatsinh N. Soda and ors. Vs. Indravadan Ramniklal Mehta and anr.
Court: Gujarat
Decided on: Feb-07-2003
Reported in: (2003)3GLR1849
D. S. Sinha, C.J.1. Heard Mr. C. H. Vora, learned Counsel appearing for the applicants, Mr. Utkarsh Jani for Mr. B. G. Jani, learned Counsel representing respondent No. 1, and Mr. L. R. Pujari, learned Additional Public Prosecutor appearing for respondent No. 2.2. The complaint dated 24th January, 1995, filed against the applicants by respondent No. 1, the application dated 24th January, 1995, praying for seizure of certain documents, and two orders dated 24th January, .1995, passed thereon are sought to be challenged by the applicants herein in this application under Section 482 of the Code of Criminal Procedure, 1973, hereinafter called 'the Code'.3. So far the two orders dated 24th January, 1995, are concerned, the learned Counsel appearing for the applicants has not been able to dispute that they are revisable, and therefore, the applicants have effective statutory alternative remedy provided by the Code itself. It is well settled that inherent powers of the High Court are to be us...
Tag this Judgment!Chandrasinh J. Mahida Vs. Reliance Machines Manufacturers Private Ltd.
Court: Gujarat
Decided on: Feb-07-2003
Reported in: (2003)4GLR339
K.A. Puj, J.1. The present petition is filed against the award of the Labour Court, Navsari dated 27-6-1988 in reference (LCN) No. 122/84 by which the Labour Court rejected the claim of the petitioner for reinstatement with full back wages. The petitioner said that award of the Labour Court is contrary to the mandatory provisions of Section 25F of the Industrial Disputes Act and against the settled proposition of law, equity and good conscience.2. It is the case of the petitioner that he was working as a welder in the respondent-company from the year 1972 and in May, 1979 due to some personal problems he demanded money from the respondent company. At that time, the petitioner was told that if the petitioner would give the resignation, the respondent would pay him all his legal dues and thereafter, again he would give him the service Since the petitioner was in the need of money, he tendered his resignation dated 30-5-1978, which would come into effect from 1-7-1978.3. It was further st...
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