Gujarat Court July 2004 Judgments
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Halol Mercantile Co. Op. Bank Ltd. Thro. Accountant Vs. State of Gujar ...
Court: Gujarat
Decided on: Jul-21-2004
Reported in: (2005)1GLR299
Jayant Patel, J.1. In all these petitions more or less common questions arise for consideration and, therefore, they are being dealt with this common judgement.2. Special Civil Application No.8631/2003 is preferred by the Halol Mercantile Coop. Bank Limited for challenging the notice dated July 12, 2001, whereby the District Registrar has called upon the Manager of the Bank to comply with the circulars issued by the Office of the Registrar for giving representation to Scheduled Cast and Scheduled Tribe members as well as marginal and small farmers in the Managing Committee of the Bank.3. Special Application No.8703/2003 is preferred by Shree Janata Sahakari Bank Limited for quashing the same notice dated 12-7-2001 issued by the District Registrar, Godhra, but addressed to the petitioner Bank for giving representation to Scheduled Cast and Scheduled Tribe members as well as marginal and small farmers in the Managing Committee as per Section 74B of the Act.4. Special Civil Application No...
Haresh Jodhabhai Zinzala Vs. State of Gujarat thro' Secretary
Court: Gujarat
Decided on: Jul-20-2004
Reported in: AIR2005Guj148
Jayant Patel, J.1. Rule. Mr.Dave, learned AGP waives service of rule on behalf of the State respondents. With the consent of the parties, the matter is taken up for final hearing.2. The short facts of the case are that petitioner was granted admission to P.T.C. for the year 2003-04 and one FIR came to be filed against the petitioner vide Criminal Register No.26/2004 of Talaja Police Station on the ground that he appeared as a dummy student in place of another student in Standard 12 examination. The petitioner thereafter continued to study in PTC and he had to fill up the form of examination in the month of June, 2004. At that time, he was not allowed to fill up the form on the ground of communication dated 11-6-2004 issued by the State Examinations Board to the Principal of the College. The petitioner, under these circumstances, has approached this Court.3. I have heard Mr.Sejpal, learned Counsel for the petitioner and Mr.Dave, learned AGP for the State respondents.4. Upon hearing the ...
Gujarat State Judicial Department Class Iii Employees Vs. State of Guj ...
Court: Gujarat
Decided on: Jul-16-2004
Reported in: [2005(104)FLR927]
Ravi R.Tripathi, J.1. The petition is filed by the Gujarat State Judicial Department Class III Employees' Federation and Gujarat State Judicial Stenographers'/PAs' Association through their General Secretary for a declaration that the action on the part of the respondents in providing the age limit of 35 years' for the staff members for making an application for appointment to the post of Civil Judge (Junior Division) and Judicial Magistrate, First Class is illegal, unjust and improper being violative of the Rules, it is also prayed that it may be declared that the respondents have no authority to reduce the said age limit from 45 years to 35 years. The petitioners have also prayed for a direction to the effect that the age limit of 35 years prescribed for the members of the petitioners for making an application for the post of Civil Judge (J.D.) and J.M.F.C be removed. One of the reliefs prayed for by the petitioners is that the respondents be directed to consider the case of all the ...
Dinesh Nagindas Shah Vs. Commissioner of Income Tax
Court: Gujarat
Decided on: Jul-16-2004
Reported in: (2004)190CTR(Guj)106; [2005]273ITR229(Guj)
M.S. Shah, J.1. Rule. Mr. Manish R. Bhatt, learned standing counsel waives service of rule for the respondent.In the facts and circumstances of the case, the petition is taken up for final disposal today.2. These two petitions are directed against two separate orders dt. 8th March, 2004 and 9th March, 2004, respectively, passed by the CIT, Ahmedabad, rejecting the two petitioners' revision petitions under Section 25 of the WT Act, 1957 (hereinafter referred to as 'the Act'), on the ground that the revision petitions were filed beyond the period of limitation.3. In both the cases, the petitioners, two in number, submitted that through oversight and because of wrong interpretation of the provision granting exemption under Section 5(vi) of the Act with effect from asst, yr. 1994-95, the petitioners did not claim exemption in respect of one house or part of the house belonging to the respective petitioners. The petitioners and their chartered accountant were under the belief that with effe...
Union Bank of India Vs. K.R. Ajwalia
Court: Gujarat
Decided on: Jul-16-2004
Reported in: [2005(105)FLR364]; (2005)ILLJ824Guj
Akil Kureshi, J.1. By order dated 19.3.2004, this Court had issued rule and granted ad interim relief to the extent that the respondent shall not be allowed to withdraw the amount of gratuity deposited by the petitioner. The respondent herein has filed Civil Application No.4594 of 2004 for vacating the ex-parte stay granted by this Curt on 19.3.2004. The learned advocates appearing for the parties have requested me that instead of deciding the Civil Application for vacating the interim relief, the main matter itself can be disposed of since the arguments to be advanced by both the sides for vacating/confirming the interim relief would be the same to be made in the main Special Civil Application. In view of the request of the learned advocates for the parties, the petition is heard and is being disposed of finally.2. At the outset, brief facts necessary to appreciate the controversy involved can be stated. The respondent herein was working with the petitioner, Union Bank of India, as a ...
Denish Industries Ltd. Vs. Income Tax Officer
Court: Gujarat
Decided on: Jul-15-2004
Reported in: (2004)190CTR(Guj)485; [2004]271ITR340(Guj)
M.S. Shah, J.1. This petition under Article 226 of the Constitution challenges the notice dt. 31st March, 1994 issued by the ITO (Annex.-A) under Section 148 of the IT Act, 1961 (hereinafter referred to as 'the Act'), r/w Section 147 thereof proposing to reopen assessment of Denish Syntex (P) Ltd. for asst. yr. 1983-84 on the ground that on account of insertion of Expln. 8 to Section 43(1) as introduced by the Finance Act, 1986, with retrospective effect from 1st April, 1974, the assessee was not entitled to claim depreciation or investment allowance on the capitalisation of interest paid prior to (sic-after) the date on which the machinery was first installed and put to use.2. The facts leading to filing of the present petition are as under :For asst. yr. 1983-84 Denish Syntex (P) Ltd. (DSPL) which was subsequently amalgamated with the petitioner-company filed its return of income claiming loss of Rs. 55,82,920. In the said return, the DSPL had stated that the DSPL had calculated inve...
Khodiyar Cotton Industries Vs. Manager Gujarat State Finance Corporati ...
Court: Gujarat
Decided on: Jul-15-2004
Reported in: AIR2005Guj2; IV(2005)BC604; [2005]126CompCas701(Guj)
D.N. Patel, J.1. Rule. Mr. H.S. Munsha, learned advocate waives service of notice of Rule on behalf of the respondents. The present petition is filed under Article 226 of the Constitution of India, whereby the petitioner seeks to issue writ of this Court for getting directions against Gujarat State Finance Corporation (hereinafter referred to as 'G.S.F.C.' for the sake of convenience and brevity) to disburse Term Loan to the tune of Rs.30,77,000/- and Soft Loan to the tune of Rs.10,00,000/-.2. Learned advocate appearing for the petitioner mainly submitted that the petitioner has applied for Term Loan and Soft Loan from GSFC. The petitioner is a partnership firm and is intending to run an industries of cotton ginning and pressing. The petitioner has altered its position by performing several procedure as required by G.S.F.C. for sanction of the loans. It is averred by the learned advocate for the petitioner that the petitioner has to apply to various authorities for certificate of title...
Ramesh M. Parmar Vs. State of Gujarat
Court: Gujarat
Decided on: Jul-15-2004
Reported in: (2005)1GLR52
R.K. Abichandani, J.1. The petitioner, who is an advocate, has challenged the constitutionality of the provisions of the Gujarat Judicial Service Recruitment Rules, 1961 on the ground that they are violative of Article 16(4) of the Constitution of India as they do not provide for reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes in the judicial services.1.1 There were other challenges raised in the petition as to the fixing of the minimum income limit for the purpose of considering the candidates, not inviting applications by advertisement and relying upon the recommendations made by the Principal Judicial Officers, including the District Judges, and in respect of the candidate (Shri A.A.Shaikh), who was not included in the select list. But, at the outset, the learned counsel for the petitioner made it clear to us that the petition is being confined only to the challenge against the impugned recruitment rules on the question of reservation in subordinate jud...
Kuok Oils and Grains Pte. Ltd. Vs. Tower International Pvt. Ltd.
Court: Gujarat
Decided on: Jul-14-2004
Reported in: AIR2005Guj9
K.A. Puj, J.1. The applicant who is original defendant No.2 in Admiralty Suit No. 3 of 2003 has filed this application for rejection of the plaint on the ground that the plaint does not disclose any cause of action against the applicant and that the plaintiff can have no cause of action against the applicant.2. It is the case of the original plaintiff, namely, Tower International Ltd. that they had purchased a quantity of 2000 MT of Crude Palm Oil and 1000 MT of Crude Palm Olein from New Continent Enterprises Pte Ltd., original defendant No.3 on Cost and Freight terms basis delivery at Kandla under Contract dated 11.12.2002 and 24.01.2003 respectively. Payment was to be made by the original plaintiff to the original defendant No.3 by telegraphic transfer within 35 days from the date of Bills of Lading. According to the original plaintiff, the original defendant No.3 entered into an understanding with the applicant to send the Cargo through original defendant No.1.3. It is also the case...
Devang Co-operative Housing Society Ltd. Vs. Sub Post Master
Court: Gujarat
Decided on: Jul-14-2004
Reported in: AIR2005Guj76
D.N. Patel, J.1 By way of this petition under Article 226 of the Constitution of India, the petitioner society has challenged the action on the part of the respondent authorities in not returning the maturity amount of Rs. 60,000/- of Kisan Vikas Patra which the petitioner had purchased on 6th March, 1997. According to the petitioner, even on the date of maturity, i.e. 6th September, 2002, the respondents have not returned the maturity amount of Rs. 60,000/- which includes principal amount of Rs. 30,000/- and interest amount of RS. 30,000/-.2. The learned counsel appearing on behalf of the petitioner mainly contended that the petitioner is a registered co-operative society registered under Gujarat Co-operative Societies' Act, 1961. had purchased Kisan Vikas Patra of the face value of Rs. 30,000/- from the respondent no. 1 on 6th March, 1997. On the date of maturity, the petitioner society approached the respondent no.1. It is submitted by the learned counsel for the petitioner that the...
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