Gujarat Court February 2004 Judgments
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Visnagar Nagarpalika Vs. Chinubhai Ratilal Parikh
Court: Gujarat
Decided on: Feb-26-2004
Reported in: [2005(105)FLR756]; (2005)ILLJ908Guj
J.N. Bhatt, J.1. In this group of seven petitions, under Article 226 and 227 of the Constitution of India, a common question has arisen as to whether the teachers are governed and entitled to the amount of gratuity, under the Payment of Gratuity Act, 1972 [hereinafter referred to as the Act ], therefore, they are heard together and being decided by this common judgment.2. In one petition, being Special Civil Application No.2714 of 2001, Visnagar Nagar Palika is the petitioner, whereas in other six petitions, Mahuva Kelvani Samaj Mandal, is the petitioners. The respondents are the teachers, who are claiming benefit of gratuity under the said Act, whereas the petitioners have challenged their claim by filing these petitions interalia contending that the authorities under the said Act, namely, the Controlling Authority and the Appellate Authority have committed serious error of law in passing the judgment and orders for payment of gratuity in favour of the respondents-teachers, as teacher...
Kanaiyalal Dahyabhai Patel Vs. Government of India and ors.
Court: Gujarat
Decided on: Feb-26-2004
Reported in: (2004)2GLR1238
Bhawani Singh, C.J.1. Kanaiyalal Dahyabhai Patel challenges the order of the respondents discontinuing his disability pension vide Orders dated 17-11-1995 and 3-11-1997. He states that he hails from a poor family with aged parents, wife and children depending upon him, got into Indian Air Force on November 6, 1977 after having been found physically fit in the medical check-ups and fitness tests. During the course of training, he underwent rigorous basic physical and trade test training. In January 1979, he was transferred to Air Force Station, Chandigarh. During this period, he was subjected to medical tests, and found fit in all respects. He had fallen sick in May, 1979. He was admitted in Military Hospital, Chandigarh. Thereafter, he was transferred to Military Hospital, Delhi Contt., and to Military Hospital, C.T.C Pune, for further treatment. This way, he remained under treatment in various Military Hospitals from May, 1979 to June 1980. The respondent constituted Medical Board to ...
UCO Bank Employees' Association Vs. Life Insurance Corporation of Indi ...
Court: Gujarat
Decided on: Feb-26-2004
Reported in: (2004)IIILLJ380Guj
R.K. Abichandani, J.1. The petitioner Trade Union challenges the provisions of Section 3 of the Insurance Act, 1938 and Section 30 of the Life Insurance Corporation Act, 1956, as unconstitutional, on the ground that they violate the fundamental rights guaranteed by Articles 14 and 19(1)(c) of the Constitution of India. The petitioner also challenges the communication at Annexure 'B' dated 22nd May 1989 sent by the respondent No.1 - Life Insurance Corporation of India to the petitioner Trade Union informing it that its proposed 'UCO Bank Employees' Death Benefits Scheme' contravened the provisions of Section 3 of the Insurance Act, 1938 and Section 30 of the Life Insurance Corporation Act, 1956 and the notice dated 6-11-1989, at Annexure 'D' to the petition, calling upon the petitioner to withdraw the said Scheme.2. According to the petitioner, it is a registered trade union in existence since 1957 and as per the rules constituting the Union, one of its object was to provide funds for t...
Commissioner of Income-tax Vs. Sayaji Iron and Engg. Pvt. Ltd.
Court: Gujarat
Decided on: Feb-26-2004
Reported in: [2006]281ITR438(Guj)
M.S. Shah, J.1. In this reference at the instance of the revenue, the following questions are referred for our opinion under Section 256(1) of the Income-tax Act, 1961 ('the Act' for short), for the assessment year 1981-82:'1. Whether on the facts and in the circumstances of the case and in law, the Tribunal is right in holding that the disallowance out of travelling expenses under the provisions of rule 6-D of the I.T. Rules should be worked out by taking into consideration the yearwise details of such travelling expenses rather than tripwise expenses?2. Whether on the facts and in the circumstances of the case and in law, the Tribunal is right in holding that the assessee is entitled to investment allowance on computers?'2. The assessee is a company manufacturing road making machinery, quarry equipments, material handling equipments and turn key plants. During the course of the assessment proceedings, the assessing officer calculated the disallowance of Rs.11,550/- out of travelling ...
Secretary, Union of India (Uoi) and ors. Vs. Amina Mamad and ors.
Court: Gujarat
Decided on: Feb-26-2004
Reported in: (2004)3GLR2606
Bhawani Singh, C.J.1. These three First Appeals are proposed to be decided by this common judgment since they are arising out of the same incident and common award. On 22-2-1996, the claimant-Amina Mamad and her daughter Sayara aged 8 years were travelling in a Vespa Rickshaw bearing Registration No. GRU-5982 and were going from Salaya to Khambhalia. When the said rickshaw readied near the bridge on Salaya-Khambhalia Road, at that time, the original opponent No. 1 came there driving jeep bearing Registration No. GBA 237 in rash and negligent manner and dashed with the rickshaw bearing Registration No. 5982 in which the claimant Amina and her minor daughter Sayara were travelling resulting in grievous injuries to the claimant-Amina Mamad on her hands and other parts of the body and grievous injuries to her daughter Sayara who died. The claimant-Amina Mamad is a fisher woman earning Rs. 100/- to Rs. 150/- per day. She was admitted in the Irwin Hospital, Jamnagar where she was operated an...
Chandan Panalal Jaiswal Vs. State of Gujarat
Court: Gujarat
Decided on: Feb-25-2004
Reported in: 2004CriLJ2992; (2004)3GLR2726
C.K. Buch, J. 1. Rule. Mr. A.D.Oza learned PP waives formal service of Rule on behalf of the respondents.2. With the consent of the parties the matter is taken up for final hearing.3. Heard the learned counsel for the parties.4. Present Revision Application is moved against the order dated 9.2.2004 passed by the learned Metropolitan Magistrate, Court no.4, Ahmedabad allowing the applications preferred by the Investigating Officer dated 27.1.2004 and 30.1.2004 with reference to an offence registered with Shahibag Police Station, Ahmedabad being CR-I 2 of 2004.5. Both the petitioners, according to the case of the prosecution, are the original accused of the said offence punishable under section 376,342,338,234,323 read with section 114 of the Indian Penal Code and sections 66(1)(b) and Section 85 of the Bombay Prohibition Act.6. It is prayed by both the petitioners that the order under challenge, granting both the applications preferred by the investigating Officer, Assistant Commissione...
Joshi Tushar Tansukhbhai and ors. Vs. State of Gujarat
Court: Gujarat
Decided on: Feb-25-2004
Reported in: (2004)2GLR1188
J.N. Bhatt, J. 1. The main theme and the hub of the entire petitionis referable to judicial scrutiny, determination andadjudication of an alleged disparity in the pay-scales oftwo classes of teaching and non-teaching persons employedin Private Secondary and Higher Secondary Schools aidedby the Government in the State of Gujarat challenging thescheme evolved and designed on the basis of grant-in-aidpolicy for Private Schools and emanated from theGovernment Resolution dated 02-07-1999. By virtue of theimpugned scheme under the Resolution dated 02-07-1999 ofthe State Government, the appellants (hereinafterreferred to as 'original-petitioners') have been inemployment in various Private Aided Secondary and HigherSecondary Schools as Shikshan Sahayaks (EducationAssistants), Vahivati Sahayaks (AdministrativeAssistants) and Sathi Sahayaks (Co-assistants) and theentire linchpin of the petition, under Article 226 of theConstitution of India, is challenged against scheme onlyfor parity in pay-sca...
Garden Finance Ltd. Vs. Assistant Commissioner of Income Tax
Court: Gujarat
Decided on: Feb-25-2004
Reported in: (2004)188CTR(Guj)316; [2004]268ITR48(Guj)
D.H. Waghela, J.1. In this petition under Art. 226 of Constitution, notice for assessment, under Section 148 of the Income-tax Act, 1961 (for short 'the Act'), is under challenge mainly on the ground of lack of jurisdiction.2. The facts as far as they are relevant for the purpose of deciding the issues raised in this petition are simple and in a narrow compass. The petitioner, a public limited company, filed its return of income on 30th Nov., 1996, for the asst. yr. 1996-97 and, inter alia, claimed depreciation @ 40 per cent on written down value of vehicles on which such depreciation was allowed in asst. yr. 1995-96, and also claimed pro rata depreciation @ 20 per cent on the additions during asst. yr. 1996-97. The AO, by his letter dt. 21st Oct., 1998, asked the petitioner to furnish details regarding various points of which one was details of the vehicles on which depreciation @ 40 per cent was claimed. In reply thereto, the petitioner stated that it was a finance company engaged in...
State of Gujarat Vs. PWD Employees' Union
Court: Gujarat
Decided on: Feb-25-2004
Reported in: (2004)3GLR2073
Jayant Patel, J.1. Rule. Mr. Mehta appearing for respondent waives service of rule. With the consent of learned advocates for parties matter is taken up for final hearing today.2. The present petition is preferred by the applicant-State Govt. for modification of the order, dated 7.2.2003 passed by this court in SCA No.7703/02.3. Heard Mr. A.D. Oza, Ld.GP for the applicant and Mr. Shalin Mehta for the opponent. For the sake of convenience, the applicants herein who were original respondents in the main Special C.A. shall be referred as respondents-original respondents and the opponents herein who were original petitioners in the main SCA shall be referred as original petitioners.4. It has been submitted by Mr. A.D. Oza, Ltd. GP on behalf of original respondents that when this court passed the order on 7.2.2003 in Special Civil Application No.7703/02 by mistake the calculation was made of Rs.2,11,86,300/- which included encashment of leave in lieu of work on public holidays. Mr. Oza subm...
Vrajlal Dwarkadas Vs. Girdharlal Kalidas Dhruve
Court: Gujarat
Decided on: Feb-25-2004
Reported in: (2004)2GLR1754
P.B. Majmudar, J.1. Rule. The respondent-party-in-person waives service of rule. With the consent of the parties, the matter is taken up for final hearing today.2. The petitioner is the original defendant, against whom a suit for eviction was filed by the respondent-original plaintiff, being Regular Civil Suit No. 56 of 1983. The respondent-original plaintiff is the owner of a house situated in Khambhalia Town. The defendant was given the aforesaid premises as a tenant at a monthly rent of Rs. 150/-. The aforesaid suit was filed for getting a decree for possession on the ground that the defendant had not paid the rent for more than six months and on the ground of arrears of rent, he is required to be evicted. The other ground pleaded in the suit is regarding bona fide requirement of the plaintiff. The decree for eviction is also sought for on the ground that the defendant, after obtaining the possession of the rented premises, has acquired alternative accommodation, which is a suitable...
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