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Gujarat Court September 2003 Judgments

Sep 19 2003

State of Gujarat Vs. Shree SachIn Udhyognagar Sahkari Mandali Ltd.

Court: Gujarat

Decided on: Sep-19-2003

Reported in: (2004)1GLR381

1. The present group of petitions are filed by the State of Gujarat, through its Deputy Collector, Choryasi Prant, Surat, under Article 227 of the Constitution of India praying for quashing and setting aside the order dtd. 29.02.1996 passed by the Gujarat Revenue Tribunal in 89 Revision Applications being TEN B.S. 229/93 to 261/93, 317/93 to 345/93, 66/94, 114/94, 249/94 to 263/94, 275/94, 131/95, 132/95 and 151/95 to 157/95, whereby the Tribunal has allowed all the aforesaid 89 Revision Applications filed by the present respondent No.1 i.e. Shri Sachin Udyognagar Sahkari Mandali Ltd., Surat, quashing and setting aside the orders of Deputy Collector, Choryasi Prant, Surat and Deputy Collector (L.R.), Surat.2. It is the case of the petitioner that the respondent No.1 Society was formed for the exclusive object and purpose of setting up an industrial township in the area covering the villages Sachin, Vanz, Lapore, Popada and Bhatia in Choryasi Taluka of Surat District. At the relevant po...

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Sep 18 2003

Minor Rahul Kaileshkumar Tanna Vs. Director - Joint Admission Committe ...

Court: Gujarat

Decided on: Sep-18-2003

Reported in: (2004)2GLR977

Jayant Patel, J.1. Rule.Mr.Dipen A.Desai, learned AGP, appears and waives service of Notice of Rule on behalf of the respondents.With the consent of the parties, both the matters are taken up for final hearing today.2. The short facts of the case are that the petitioners have passed 10th S.S.C. Examination with two technical subjects, to which there is no dispute by the respondent-Admission Committee. After passing S.S.C. Examination, the petitioners have passed H.S.C. Examination. The petitioners applied to the Joint Admission Committee for getting admission in Engineering Degree Course.3. So far as the grant of admission in the Engineering Degree Course after H.S.C.Examination is concerned, Rules are framed by the Government for the Academic Year, 2003-2004, which are known as 'Rules and Regulations For Admission To First Year Courses in Degree/Diploma; Engineering/Pharmacy & Degree Courses in MBBS/BDS/B.Physio/Ayurveda/Homeopathy'. The present case is concerned with the admission to...

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Sep 18 2003

Manubhai Khandubhai Naik Vs. Sumantrai Ranchhodji Naik Since Deced. by ...

Court: Gujarat

Decided on: Sep-18-2003

Reported in: (2004)1GLR488

R.K. Abichandani, J.1. This appeal is filed by the original plaintiff against the judgment and decree passed by the learned Civil Judge (Senior Division), Navsari on 6th August, 1980 in Special Civil Suit No. 113 of 1977, dismissing the suit in which the appellant had sought a declaration that the registered sale deeds dated 14th August, 1973 and 27th November, 1973 made in favour of the respondent-original defendant, were void ab initio, being without consideration and not intended to be acted upon, and seeking possession of the properties in question which were agricultural lands.2. As per the averments made in the plaint, the appellant was the owner of the lands bearing survey nos. 358, 359, 389, 223, 349, 240 and 294, situated at village Manekpor of District: Navsari. The plaintiff had inherited the lands under a registered Will dated 22nd December, 1971, which was executed by his elder brother Nathubhai. The plaintiff had entrusted the management of these lands to the defendant wh...

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Sep 18 2003

Legal Heirs of Pinjara Jiva Nura Vs. State of Gujarat

Court: Gujarat

Decided on: Sep-18-2003

Reported in: (2004)1GLR191

K.A. Puj, J. 1. The petitioners are the legal heirs of deceased Jiva Nura. The petitioner No.1 is the wife and petitioner Nos. 2 to 4 are the sons of deceased Jiva Nura. The petitioners have filed the present petition under Article 226 of the Constitution of India challenging the actions of the Additional Collector, Rajkot directing the Mamlatdar, Rajkot by his letter dtd. 31.07.1999 and the action of the Mamlatdar, Rajkot directing the Talati-cum-Mantri, City Chavdi, Rajkot by his letter dtd. 16.08.1999 and the action of the Talati-cum-Mantri to make the mutation entry in the record of rights on 01.04.2000, on the basis of the order passed by the Additional Collector on 23.02.1987 under the Provisions of Urban Land (Ceiling & Regulation) Act, despite the fact that the said order dtd. 23.02.1987 was taken in review under Section 34 of the said Act before the Secretary, Revenue Department, (ULC) Gandhinagar. According to the petitioner, all these actions of the respondent authorities ar...

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Sep 18 2003

Steel Authority of India Ltd. Vs. Gujarat Mazdoor Panchayat and anr.

Court: Gujarat

Decided on: Sep-18-2003

Reported in: (2004)1GLR729; (2004)IILLJ970Guj

J.M. Panchal, J. 1. By instituting Special Civil Application No. 10225 of 1996 under Articles 226 & 227 of the Constitution, Steel Authority of India Limited ['SAIL' for short] has prayed to issue a writ of certiorari to quash award and order dated November 8, 1996 rendered by the Industrial Tribunal, Ahmedabad, in Reference (IT) No. 190 of 1993, by which SAIL is directed to treat 160 workmen working in the stockyard located at Kaligam, Sabarmati, Ahmedabad as its permanent employees, and pay them salary, dearness allowance and other benefits as per the Rules and Regulations of the Company from the date of making of the reference i.e. from July 31, 1993.Special Civil Application No. 2643 of 1997 is filed by Gujarat Mazdoor Panchayat under Articles 226 & 227 of the Constitution, wherein prayer made is to declare that the workmen employed in the stockyard located at Kaligam, Sabarmati, Ahmedabad are entitled to salary, dearness allowance and other benefits as per Rules and Regulations of...

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Sep 18 2003

Naren Advertising and Marketing Vs. Bank of India

Court: Gujarat

Decided on: Sep-18-2003

Reported in: AIR2004Guj152; III(2004)BC451; (2004)1GLR775

A.R. Dave, J.1. The petitioners are aggrieved by an order dated 20.12.2002 passed by the Judge, City Civil Court No. 17, Ahmedabad, in Civil Suit No.1699/90. By virtue of the impugned order, the Registry of the City Civil Court has been directed to transfer the said suit to the Debts Recovery Tribunal, Ahmedabad, after following proper procedure.2. I have heard learned advocate Shri Amar Bhatt appearing for the petitioners and learned advocate Shri Sandeep Bhatt appearing for respondent No. 1 Bank. Other respondents, though served, have not appeared.3. The grievance, which the petitioners have ventilated in the petition, is that the suit, which was filed by the petitioners in the City Civil Court, ought not to have been transferred to the Debts Recovery Tribunal, Ahmedabad. According to the case of the petitioners, by forging signature of petitioner No. 3, respondent No. 2 had taken away substantial amount of the petitioners from the accout maintained by respondent No. 1 bank and, ther...

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Sep 17 2003

H.B. Thakkar Vs. State of Gujarat

Court: Gujarat

Decided on: Sep-17-2003

Reported in: (2003)3GLR2470

H. K. Rathod, J.1. Heard learned Advocate Mr. Paresh Upadhyay for petitioner and learned A.G.P. Mr. N. D. Gohil appearing on behalf of respondent.2. At the time of hearing, Mr. I. S. Parmar, Section Officer from the respondent department is also remained present to assist learned A.G.P. Mr. N. D. Gohil. The brief facts of the present petition are as under.2.1 According to the petitioner he was appointed as Accounts Officer Class-I as direct recruit on 1-1-1968, and on the same day, one Mr. J. M. Gor was also appointed as Accounts Officer Class-II along with the petitioner. On 16-1-1985, Government has published seniority list wherein petitioner was shown junior to Shri Gor against which the petitioner had grievance. Thereafter, petitioner was promoted on the post of Deputy Director along with Shri Gor keeping the dispute regarding seniority of the petitioner vis-a-vis Shri Gor, as it is. On 16-7-1987 Shri Gor was promoted as Joint Director ignoring the claim of the petitioner, and ther...

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Sep 16 2003

United India Insurance Co. Ltd. Vs. Chhaganlal Punamchand JaIn and ors ...

Court: Gujarat

Decided on: Sep-16-2003

Reported in: I(2004)ACC514

H.K. Rathod, J.1. Heard learned Advocate Ms. Meghaben Jani for the appellant United India Insurance Co. Ltd. and Mr. Sandeep Shah, learned Advocate for the original claimants. By means of this first appeal, the appellant Insurance Company has challenged the judgment and award made by the Motor Accident Claim Tribunal, Ahmedabad In Meter Accident Claim Petition No. 119 of 1996, dated 28th April 2000, Under the Impugned award, the Tribunal has allowed the claim petition filed by the original opponent and has directed the original opponent Nos. 2 and 3 to jointly and severally pay an amount of Rs. 5,18,667.00 to the original claimants as compensation on account of the death of their son who has died on account of injuries sustained in an accident that took place on 22.10.1995 involving the offending vehicle being motor truck bearing Registration No. GR 3200 of the ownership of original opponent No. 2 and insured with the present appellant Insurance Company. The said opponents were also di...

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Sep 11 2003

Commissioner of Income Tax Vs. Kismet (P) Ltd.

Court: Gujarat

Decided on: Sep-11-2003

Reported in: (2003)184CTR(Guj)613; [2003]264ITR496(Guj)

D.A. Mehta, J. 1. This is a reference at the instance of the CIT under Section 256(1) of the IT Act, 1961 ('the Act' for short). The Tribunal, Ahmedabad Bench 'A' has referred the following question for our opinion :'Whether the Tribunal is right in law and on facts in cancelling the penalty levied by the ITO under Section 273(2)(a) amounting to Rs. 15,000.'2. Heard Mrs. M.M. Bhatt, learned standing counsel for the applicant-Revenue. Though served none appears on behalf of the respondent.3. The assessment year is 1980-81 and the relevant accounting period is calendar year 1979. The assessee is a private limited company. The assessee filed assessment showing the total income of Rs. 8,50,000 and paid advance tax amounting to Rs. 5,95,000. However, ultimately income came to be assessed at a figure of Rs. 12,65,210. One of the principal additions pertained to disallowance of a sum of Rs. 1,97,413, out of advertisement and publicity expenses by resort to provisions of Section 37(3A) of the ...

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Sep 11 2003

Natvarlal Virjibhai (Since Decd Through His Heirs) Vs. Arunbhai Harida ...

Court: Gujarat

Decided on: Sep-11-2003

Reported in: (2004)1GLR370

Kundan Singh, J. 1. Rule. Mr RC Kakkad waives service of Rule.2. The respondent-landlord filed Civil Suit No.585 of 1985 for possession and for recovery of arrears of rent. For that purpose, notice dated 22.6.1985 was sent which was served on the petitioner-tenant on 26.6.1985 i.e. Ex.40. It is stated that no reply was filed by the petitioner in the trial Court disputing the rent as standard rent. Thereafter, the written statement was filed. In the written statement, the petitioner has raised a dispute regarding the standard rent and the learned counsel appearing for the petitioner in the trial Court filed an application Ex.32 under Section 11(3) of the Bombay Rent Act for fixing or determining interim standard rent on 4.1.1986. It is not disputed that the learned counsel who filed the application for fixing the standard rent was selected in the Judicial Department and he left the practice. The application Ex.32 was decided by the trial Court on 2.2.1987 whereby the defendant-petitione...

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