Gujarat Court April 2003 Judgments
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Maniben Wd/O Ramsinh Palabhai Ahir Vs. State of Gujarat
Court: Gujarat
Decided on: Apr-17-2003
Reported in: (2003)4GLR11
B.J. Shethna, J.1. Petitioner Maniben, widow of Ramsinh Palabhai Ahir, has filed this Habeas Corpus Petition under Article 226 of the Constitution of India and prayed that the respondents No.2 to 6 be directed to produce the body of her son Ramesh Ramsinh Ahir before this Court. One more prayer is made in this petition is that the respondent No.7 be directed to institute appropriate inquiry/ investigation in respect of the illegal detention of Ramesh Ramsinh Ahir in custody of the Respondents No.2 to 6 and to produce a report in respect thereof before this Court within the time prescribed as deemed fit by this Court.2. By way of interim relief it is prayed in Para : 8(B) that -'Pending admission and/or final disposal the respondents No.7 be called upon to take into custody all relevant documents, arrest registers and other documents including intimations of arrest to control room, District and State Head Quarters, intimation of arrest to next of akin, friend and/or family member of Ram...
Commissioner of Income Tax Vs. Hotel Sabar (P) Ltd.
Court: Gujarat
Decided on: Apr-16-2003
Reported in: (2003)183CTR(Guj)573; [2003]264ITR381(Guj)
R.K. Abichandani, J.1. The Tribunal has referred the following questions at the instance of the High Court under Section 256(2) of the IT Act, 1961 : '1. Whether the Tribunal is right in law and on facts in deleting the penalty imposed by the ITO under Section 271(1)(c) of the IT Act, 1961, and confirmed by the CIT(A) in appeals 2. Whether, the facts, circumstances and legal provisions, do not justify the imposition of the penalty under Section 271(1)(c) of the IT Act, 1961 3. When, a clear case was made out by the ITO that the assessee had furnished inaccurate particulars of income and he imposed a penalty of Rs. 1,60,000 with the approval of IAC and when the CIT(A) had declined to interfere with the decision of the ITO, the Tribunal was justified in law in deleting the penalty 4. Whether the finding of the Tribunal that penalty under Section 271(1)(c) of the IT Act, 1961, is not justified, is correct in law and sustainable from material on record ?' 2. The relevant assessment year...
Vihabhai Sartanbhai Desai Vs. State of Gujarat
Court: Gujarat
Decided on: Apr-16-2003
Reported in: (2003)3GLR2171
C.K. Buch, J.1. Heard learned Senior Counsel Mr. K.J. Shethna for the petitioner accused-original accused No. 2 and learned P.P. Mr. A.D. Oza for the State.2. Rule. Service of Rule is waived by learned P.P. Mr. Oza for the State. With the consent of the parties, 'application is heard today.3. This application is preferred by the petitioner original-accused No. 2 under Section 439 of Cr.P.C. for releasing him on bail in connection with I.C.R. No. 151 of 2000 registered with Amaraiwadi Police Station for the offences punishable under Section 302 read with Sections 34, 120B of the I.P.C. and under Section 135(1) of the Bombay Police Act. This successive bail application is by the accused, who along with other accused persons is facing trial of a case being Sessions Case No. 72 of 2001 pending with the Court of Session, Ahmedabad City. On merits, none of the applications for bail preferred by the present petitioner is granted either by the Court of Sessions or by this Court. However, he wa...
Shreerang Developers and ors. Vs. Himmatlal Jamnadas Maniar and ors.
Court: Gujarat
Decided on: Apr-10-2003
Reported in: (2003)3GLR2448
P.B. Majmudar, J.1. Since, common points are involved in all these appeals, with the consent of parties, all these appeals are taken up for hearing together. So far as A.O. Nos. 190, 191, 282, 283 and 365 of 2002 are concerned, they are at the admisison stage and it is agreed that the said appeals are also to be heard finally, along with the other appeals, which are already admitted by this Court. Accordingly, the said appeals are also ordered to be admitted and heard finally with the rest of the appeals.2. There is a property, bearing Ward No. 2, Nondh No. 3, situated at Ring Road, Rustampura, Surat City. There was a big parcel of land, which originally belonged to one Sarguru Niyazali Shah and his four sons. There were many hutment-dwellers occupying portion of the said property. The said hutment-dwellers were the tenants of the original owner, Sarguru Niyazali Shah. The said original owner, Sarguru Niyazali Shah, by various sale deeds, sold away the said property, viz., 43 plots, to...
Jitendrakumar Amrutlal Shah Vs. Ghevar
Court: Gujarat
Decided on: Apr-10-2003
Reported in: (2003)3GLR2319
D.A. Mehta, J. 1. Second Appeal No. 72 of 2002 has been filed against the judgment dated 3rd May, 2002 delivered by the District Court, Kheda at Nadiad in Regular Civil Appeal No. 132 of 2001, which arises out of the judgment dated 15th February, 2000 delivered by the Court of Civil Judge, Junior Division, at Petlad in Regular Civil Suit No. 289 of 1994.1.1 So far as Second Appeal No. 73 of 2002 is concerned, the same arises out of the judgment in Regular Civil Appeal No. 131 of 2001 which came to be filed against the judgment in Regular Civil Suit No. 43 of 1997. The dates of the judgment of the trial Court and the first appellate Court are the same as mentioned in relation to Second Appeal No. 72 of 2002.2. The appellant in Second Appeal No. 72 of 2002 is the original plaintiff, viz. Shri Sanatan Jain Dharam Shrimad Rajchandra Ashram, Agas while in Second Appeal No. 73 of 2002, the appellant is the original plaintiff who is the President of Shrimad Rajchandra Mumukshu Mandal, which i...
Oriental Fire and General Insurance Co. Vs. Firdos Pervez Mysorewala a ...
Court: Gujarat
Decided on: Apr-10-2003
Reported in: 2004ACJ257; (2003)2GLR1684
J.M. Panchal, J.1. First Appeal No. 1519 of 1979 is filed by the Oriental Fire and General Insurance Company having its office at New Delhi, under Section 110A of the Motor Vehicles Act, 1939 against judgment and award dated February 16, 1979, rendered by the Motor Accident Claims Tribunal No. I, Vadodara, in Motor Accident Claim Application No. 207 of 1976, by which the said Insurance Company and the respondent Nos. 2 & 3 are directed to pay a sum of Rs. 1,20,750/- with proportionate cost and interest at the rate of 6% per annum from the date of application till payment, as compensation to the respondent No. 1.First Appeal No. 198 of 1980 is filed by the original claimant under Section 110A of the Motor Vehicles Act, 1939, for enhancement of compensation awarded by the Motor Accident Claims Tribunal No. I, Vadodara vide its judgment and order dated February 16, 1979, in Motor Accident Claim Application No. 207 of 1976, as the claim of the appellant to direct the respondents to pay a s...
Dosa Kala Deceased Through Legal Heirs Ramji Dada Vs. Darbar H. Dansin ...
Court: Gujarat
Decided on: Apr-10-2003
Reported in: (2003)4GLR901
Jayant Patel, J. 1. The short facts of the case are that the petitioners are the tenants of the respondent No.1. There is no dispute on the point that the subject matter of the land is governed by the provisions of Saurashtra Land Reforms Act, 1951 (hereinafter referred to as 'the Act'). As per the scheme of the Act the girasdar would be entitled to 84 acres of land in all including the land which is in his possession for his personal cultivation. If the land which is in his possession for personal cultivation is less than 84 acres the land shall be taken from the holding of the tenant of the said girasdar subject to condition that the holding of the concerned tenant would not less than the economic holding which is of 28 acres. There is also no dispute on the point that the respondent No.1-girasdar would be entitled to have 84 acres of land as per the provisions of the Act.2. It appears that initially the proceedings under the Act were concluded at the level of Mamalatdar and thereaft...
United India Insurance Co. Ltd. Vs. Bana Devi and ors.
Court: Gujarat
Decided on: Apr-10-2003
Reported in: III(2004)ACC906
Gyan Sudha Misra, J.1. An interim award has been passed in favour of the respondent-claimants on Account of death of one Thawar Singh who died in a road Accident caused by the vehicle which was insured with the United India Insurance Co. Ltd. The petitioner has can Uenged this Mterim award on the ground that the claim petition was filed by the deceased-Thawar Singh on Account of injury which was suffered by him, but if he has died after a lapse of few months, it cannot be inferred that the death took place on Account of the Accident, which he had met with the vehicle.2. It is obvious from these facts that evidence will be required in the matter as to what was the exact cause of death of deceased-Thawar Singh and if there is prima facie material which was before the Tribunal that although initially he had suffered grievous injury and subsequently died on Account of complications created by the injury, it is difficult to ignore the obvious conclusion that he died as a consequence of the ...
Barot Jignesh Lakshmansinh Vs. State of Gujarat
Court: Gujarat
Decided on: Apr-10-2003
Reported in: (2003)2GLR1727; (2003)2GLR807
Jayant Patel, J.1. In all this group of petitions the facts are interconnected and to some extent the issues involved are also interconnected and therefore they are being dealt with by this common judgment.2. The short facts of the case are that during the period prior to 1980 the recruitment to the post of Police Sub Inspector (hereinafter referred to as 'PSI' for short) was made by separate Recruitment Board constituted under the provisions of Gujarat Police Manual, 1971 Part I Rule 61. The said Selection Committee was headed by the Inspector General of Police. It appears that during the period of 1980 vide Notification, dated 21.1.1980 such work for recruitment for the post of PSI in the State was entrusted to Gujarat Public Service Commission (hereinafter referred to as 'GPSC' for short). It further appears that thereafter there was a report of Bavecha Committee and it was recommended in the said report that the recruitment of Class I & II officers should be concentrated by the Pub...
State of Gujarat Vs. Deenanji Bidhaji Thakore
Court: Gujarat
Decided on: Apr-09-2003
Reported in: (2003)IIILLJ630Guj
B.J. Shethna, J.1. The appellant-State of Gujarat, by this Letters Patent Appeal, has challenged the judgment and order dated April 9, 2002, passed by the learned single Judge of this Court (Coram: D.H. WAGHELA, J.) in Special Civil Application No. 8913 of 2001.2. The respondent-workman was working in the Irrigation Department of the State of Gujarat as Chowkidar, on daily wage basis. His services were terminated on February 15, 1999, on the ground that no work was available. He, therefore, raised an industrial dispute which, ultimately, was referred to the Labour Court, Kalol, registered as Reference (LCK) No. 330 of 1999. The Labour Court by its award dated September 15, 2000, set aside the order of termination of the respondent-workman and ordered to reinstate the workman in service with all other benefits, except back wages.3. The aforesaid award passed by the Labour Court was challenged by the appellant-State of Gujarat before this Court by way of Special Civil Application No. 891...
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