Gujarat Court April 2003 Judgments
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Taluka Development Officer Vs. Sadaji Kuvarji Thakore
Court: Gujarat
Decided on: Apr-09-2003
Reported in: (2004)1GLR502
B.J. Shethna, J.1. All these matters are disposed of by this common judgment and order, as common question involved in these matters. 2. The appellants of Letters Patent Appeal No. 924 of 1999 are the original petitioners of Special Civil Application No. 1564 of 1999. They approached this Court under Article 226 and 227 of the Constitution of India against the impugned judgment and award dated 15th December, 1998, passed by the Labour Court, Kalol, in Reference (LCK) No. 319 of 1995, whereby the Labour Court declared the termination order of the respondent-workman illegal and directed the appellants-petitioners to take him back in service with full back wages. This award dated 15.12.1998, passed by the learned Presiding Officer of the Labour Court, Kalol, was challenged by the appellants-petitioners by way of Special Civil Application No. 1564 of 1999. The learned Single Judge, by his order dated 3.5.1999 dismissed the said writ petition, as he was in complete agreement with the reason...
State of Gujarat Vs. Maniben Viraji
Court: Gujarat
Decided on: Apr-09-2003
Reported in: (2003)4GLR554
H.K. Rathod, J. 1. These petitions have been filed by the petitioner State of Gujarat challenging two common awards passed by the Labour Court, Surat under Article 227 of the Constitution of India.2. Heard Mr. A.D. Oza for the petitioners in this group of petitions. The Labour Court, Surat has passed two common award dated 13th June, 2002 one in Reference (LCS) No. 47 of 1999 to 51 of 1999, 15 of 1999 to 84 of 1999, 146 of 1999 to 151 of 1999, 186 of 1999 to 361 of 1999. The Labour Court, Surat has also passed second common award of the same date in Reference No. 205 of 1995 to 622 of 1995. In both the common awards, the labour court, Surat has granted the same and similar benefits as well as issued some similar directions in favour of the respondent workmen. The labour court, Surat has directed the second party respondent workmen to submit detailed residential address, ration card and the election card or any other Government documents along with the certificate of birth date to the E...
New India Assurance Co. Ltd. Vs. Hanjer Fibers Ltd.
Court: Gujarat
Decided on: Apr-08-2003
Reported in: AIR2003Guj311; 2003(2)ARBLR588(Gujarat); (2003)2GLR1146
J.N. Bhatt, Actg. C.J. 1. Whether the dispute about the existence of arbitration clause contained in Insurance Policy would cease to exist on account of passing of receipt of full and final settlement and whether such a dispute is arbitrable or not is the only question, which is in focus for our consideration, determination and adjudication in this reference. 2. The Larger Bench came to be constituted pursuant to the view taken by the learned single Judge of this Court in Special Civil Application No. 10359 of 2000, decided on 6-10-2000, observing that the petition raises important questions which are likely to arise in number of cases and hence, it will be in the fitness of things if the petition is decided by a Larger Bench. Thereafter, learned Chief Justice passed order constituting Larger Bench and that is how this reference came to us. 3. The petitioner, New India Assurance Company Limited has questioned the legality and validity of the order recorded by the learned Chief Justice ...
Gujarat Fisheries Central Co-op. Association Ltd. Vs. Union of India ( ...
Court: Gujarat
Decided on: Apr-08-2003
Reported in: (2003)2GLR1639
J.N. Bhatt, J.1. Whether impugned order of Debt Recovery Tribunal, Ahmedabad, challenged in the writ petition under Article 226, despite the statutory provision for appeal under Section 20 of The Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (Act), should be entertained or not is a sole question which has surfaced in this Letters Patent Appeal under Clause 15 of the Letters Patent for our consideration and adjudication, to which our positive reply is in the negative.2. The design of the Act is to provide for establishment of Tribunals for expeditious adjudication and recovery of debts due to banks and financial institutions and for matters connected therewith or incidental thereto and it is, undoubtedly, one of the important alternative dispute resolutions, measures and mechanisms, in the light of untold stress, strain and miseries to recover public funds. The Parliament, in its wisdom, has provided for the creation of Tribunals so that the Banks' and Financial In...
Gujarat Lease Financing Ltd. Vs. O.L. of Aryan Finefab Ltd.
Court: Gujarat
Decided on: Apr-07-2003
Reported in: [2004]50SCL757(Guj)
Ravi R. Tripathi, J.1. In this application, it is prayed as under:-(i) That the Official Liquidator attached to this Hon'ble High Court and who has taken over charge of all assets of the opponent -M/s. Aryan Finefab Limited be directed to hand over the possession of all equipments/machineries described in para 7 of the present application to the applicant forthwith as provided for in clause 9.2.1 of the Hire Purchase Agreements dated 21.7.1993 and 5.11.1996;(ii) That the applicant herein be permitted in terms of clause 9.2.1 of the Hire Purchase Agreements dated 21.7.1993 and 5.11.1996 to repossess all the equipments/machineries leased to the opponent Company and for that purpose by itself, its servants or agents enter upon any land, buildings or premises where such equipment/machinery is situated or is reasonably believed by the applicant to be situated;(iii) That the Official Liquidator attached to this Hon'ble High Court and in charge of all assets of M/s. Aryan Finefab Limited, be ...
Ahmedabad Municipal Corporation Vs. Union of India (Uoi), Ministry of ...
Court: Gujarat
Decided on: Apr-07-2003
Reported in: AIR2004Guj124
K.M. Mehta, J.1. Ahmedabad Municipal Corporation - appellant original plaintiff has filed this appeal under Section 96 of the Code of Civil Procedure, against the judgment and decree dated 26th February, 1982, in Civil Suit No.2680 of 1977 filed by the plaintiff. The learned Judge by his impugned judgment has held that the Union of India - the defendant is exempted from liability of incremental contribution under the provisions of the Bombay Town Planning Act, 1954 (hereinafter referred to as `the said Act').2. The facts giving rise to this appeal are as under:-2.1 The Ahmedabad Municipal Corporation - plaintiff had filed a Civil Suit No.2680 of 1977 before the City Civil Court, Ahmedabad, and prayed for a decree that defendant Union of India be directed to pay to the plaintiff a sum of Rs.1,03,139.25p/- with 6% interest from the date of the suit till the payment and costs. The said amount represents 'incremental contribution' levied by the plaintiff under the provisions of the said Ac...
Rajput Kanaiyalal Babulal Vs. Chairman/ioc
Court: Gujarat
Decided on: Apr-07-2003
Reported in: (2003)4GLR408
K.A. Puj, J. 1. This Letters Patent Appeal is filed against the order and judgment of the learned Single Judge passed in Special Civil Application No. 2051 of 1992 on 2nd November 1993 whereby the petition challenging the termination order dated 21st October 1991 was dismissed.2. It is the case of appellant-original-petitioner that the appellant was called for interview for the post of General Handyman, Grade-III by the respondents on 19th March 1991 and since the appellant was found successful he was sent for medical examination and thereafter the appointment letter was issued to the appellant and after completing all formalities the appellant was allowed to resume on 29.4.1991. The appellant-petitioner was appointed on probation for a period of six months from the date of his appointment. During this probation period the petitioner's services were terminated by an order dated 21st October 1991. The grievance of the appellant was that no reason was assigned while terminating the servi...
Gulbirsingh Harbhajan Singh Agrawal (Virk) Vs. Annapoorna J. Pasawala ...
Court: Gujarat
Decided on: Apr-04-2003
Reported in: (2003)2GLR1670
Kundan Singh, J.1. This Civil Revision Application has been filed by the petitioner-original defendant against the judgment and decree dated 25-10-2002 in Civil Appeal No. 30 of 1996 passed by the Appellate Bench of Small Causes Court, Ahmedabad by which the judgment and decree dated 8-12-1995 in H.R.P. Suit No. 1548 of 1987 passed by the Judge, Small Causes Court, Ahmedabad has been set aside to the extent of possession of the suit premises and rest of the judgment and decree of the trial Court has been confirmed.2. It is stated that H.R.P. Suit No. 1548 of 1987 was filed against the petitioner-defendant-tenant for arrears of rent and eviction on other grounds on 2-5-1987. The arrears of rent were claimed from 1-5-1984 to 28-2-1987 by notice dated 31st March, 1987 which was served on the defendant on 6th April, 1987. The defendant submitted his reply on 30th April, 1987 within 30 days and claimed that the standard rent of the suit premises was Rs. 25/- per month as it was earlier rent...
Priti Bhojnagarwala Vs. State of Gujarat
Court: Gujarat
Decided on: Apr-04-2003
Reported in: 2003CriLJ4062
H.H. Mehta, J.1. Mr. R.S.Sanjawala, learned Advocate for the applicant is absent when this matter is called out. Heard Mr. B.D.Desai, learned APP for respondent No.1 -State and Mr. Rajesh K. Kanani, learned Advocate for respondent No.2 i.e. original complainant.2. When this matter was called out on previous date i.e. on 28th March, 2003, Mr. R.S.Sanjanwala, learned Advocate for the applicant had appeared before and submitted to this Court that in view of the fact that this type of application for reviewing the judgment in criminal matter was not maintainable, and therefore, this present application was required to be disposed of by this Court. It was made clear to Mr. Sanjanwala that if the applicant wanted to get this matter disposed of by speaking order of this Court, then possibly necessary orders with regard to compensation might be passed. In view of the above fact, he further submitted that he would like to contact his client for getting necessary instructions to withdraw this ap...
Commissioner of Income-tax Vs. Mehsana District Co-operative Milk Prod ...
Court: Gujarat
Decided on: Apr-02-2003
Reported in: (2003)184CTR(Guj)608; [2003]263ITR645(Guj)
R.K. Abichandani, J.1. The Income-tax Appellate Tribunal, Ahmedabad Bench 'B', has referred the following question for the opinion of this court pursuant to the directions issued under Section 256(2) of the Income-tax Act, 1961 :'Whether, on the facts and in the circumstances of the case, the Tribunal has not erred in law and facts in allowing the appeal of the assessee and quashing the order of the Commissioner of Income-tax under Section 263 and restoring the order of the Income-tax Officer ?'2. The relevant assessment year was 1979-80. For the previous year ended March 31, 1979, the assessee filed a return of income on July 31, 1979, declaring 'nil' income. The assessee was allowed deduction under Section 80HH in respect of the new industrial undertaking in the backward area. As regards the relief claimed under Section 80J of the Act in respect of its project No. 2, i.e., the powder plant which was started from November 1, 1972, the Income-tax Officer allowed the amount of Rs. 8,40,...
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