Gujarat Court August 2004 Judgments
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Rajeshbhai Gamajbhai Idayat Vs. State of Gujarat
Court: Gujarat
Decided on: Aug-24-2004
Reported in: 2005CriLJ1156; (2005)2GLR1437
R.P. Dholakia, J.1. The appellant - convict prisoner has preferred the present appeal through District Jail, Junagadh and Mr. BS Supehia, has been appointed as his counsel. After receiving the records and proceedings of the Sessions Case No.32 of 2003 from the court of Additional Sessions Judge, Navsari, the office has placed this appeal before this court for admission.2. Heard Mr. BS Supehia, learned counsel for the appellant and Mr. IM Pandya, learned Assistant Public Prosecutor for State at length.3. Short facts of the prosecution case are such that on 7/7/202 at about 2 to 3 p.m. the appellant accused came to the house of the victim and at that time, the victim and her mother were present in the house. As the appellant accused was working in the agricultural field of neighbour namely Ghanabhai Gangarambhai, the accused and the complainant side were known to each other. After some chitchat, the appellant accused requested the mother of the victim to take the victim with him in the m...
Arvind Mills Ltd. Vs. Assistant Commissioner of Wealth Tax
Court: Gujarat
Decided on: Aug-19-2004
Reported in: (2004)191CTR(Guj)235; [2004]270ITR469(Guj)
D.A. Mehta, J.1. Rule. Mr. Tanvish U. Bhatt, waives service of rule on behalf of the respondent.In the facts and circumstances of the case, the petition is taken up for. final disposal today.2. This petition filed under Article 226 of the Constitution challenges notice under Section 17 of the WT Act, 1957 (hereinafter referred to as 'the Act'), dt. 26th March, 2002, for asst. yr. 1997-98 and reassessment order dt. 9th Feb., 2004, passed under Section 17 r/w Section 16(3) of the Act for asst. yr. 1997-98.3. The petitioner, a limited company, filed its return of net wealth for the assessment year under consideration disclosing net wealth at Rs. 29,53,100 after deducting debt which according to the petitioner had arisen as the amount was paid for acquisition of assets out of cash credit facility enjoyed by the petitioner. After scrutiny of the said return on dates mentioned in the petition, the respondent AO passed an order under Section 16(3) of the Act on 8th March, 2000. It is averred ...
Panchmahal District Panchayat and anr. Vs. Salambhai Bavabhai Parmar a ...
Court: Gujarat
Decided on: Aug-19-2004
Reported in: [2005(104)FLR922]; (2004)3GLR1947
J. N. Bhatt, J. 1. In this group of Writ Petitions, common questions about the interpretation of the provisions of Section 33C(2) and resultant rights of the employees are involved. Therefore, upon request, they are heard simultaneously, and now, they are being disposed of by this common judgment.2. The petitioners, Panchayats, are bodies duly constituted under the provisions of the Gujarat Panchayats Act, 1993 and constituted in Panchmahal District of Gujarat State, whereas, respondent No. 1 in each petition is the workman or the casual labourer and respondent No. 2 is the Mamlatdar of Panchmahal District, being Revenue Recovery Authority. The respondents, in these petitions, filed Recovery Applications under Section 33C(2) of the Industrial Disputes Act, 1947 ('I. D. Act', for short) against the petitioner-authorities before the Labour Court, Godhra, Panchmahal District, being Recovery Application Nos. 3 to 10 of 1995, raising the following pleas :(i) That they are working since 1973...
ismail Adam Mitha Vs. State of Gujarat
Court: Gujarat
Decided on: Aug-19-2004
Reported in: (2005)2GLR1813
R.P. Dholakia, J.1. Criminal Appeal No.133 of 2000 under Sec.374 of the Code of Criminal Procedure ('the Code' for short) is directed against the judgment and order of conviction and sentence dated 4-2-2000 passed against the present appellant by the District and Sessions Judge, Bharuch, in Sessions Case No.145 of 1995 whereby the appellant Ismail Adam Mitha (Tailor) @ Deka, resident of Sitpon, Taluka and District Bharuch, has been convicted for the charge under Sec.21 read with Sec.22 of the Narcotic Drugs and Psychotropic Substances Act ('the Act' for Short) and sentenced to suffer 11 years R.I. with fine of Rs.2.00 lakhs in default to suffer two and half years more R.I.2. Criminal Appeal No.248 of 2000 under Sec. 378(1)(3) of the Code preferred by the State of Gujarat is directed against the judgment and order of acquittal dated 4-2-2000 passed by the District and Sessions Judge, Bharuch, in Sessions Case No.145 of 1995 whereby the original accused No.2-Aminaben, wife of Ismail Adam...
Ratilal H. Nayak Vs. Union of India
Court: Gujarat
Decided on: Aug-19-2004
Reported in: [2005]142TAXMAN55(Guj)
M.S. Shah, J.Leave to make correction in the prayer clause.In this petition under article 226 of the Constitution, the petitioner has prayed for a direction to the respondents, particularly the appropriate authority (under Chapter XX-C of the Income Tax Act, 1961), Ahmedabad to pay the petitioner interest at the rate of 18 per cent per annum on the apparent consideration amount for the period from 31-7-1992 till 3-12-1992 when the petitioner was paid apparent consideration of Rs. 30,56,218 after certain deductions. The claim is made under sub-section (4) of section 269UG of the Income Tax Act, 1961 (hereinafter referred to as 'the Act').2. The petitioner was the owner of the property situated at Ahmedabad for which the petitioner executed an agreement to sell on 12-5-1992 for a sum of Rs. 47,34,400. The petitioner filed the form under section 269UC on 25-5-1992 and the appropriate authority at Ahmedabad, respondent No. 2 herein, passed the order under section 269UD(1) for acquiring the...
Porbandar Commercial Coop. Bank Ltd. Vs. Cham Exports
Court: Gujarat
Decided on: Aug-19-2004
Reported in: AIR2005Guj37; I(2006)BC446; [2005]125CompCas801(Guj)
Jayant Patel, J.1. Heard Mr. Ravani for the petitioners as well as Mr. Jani for respondents for final disposal.2. The short facts of the case are that the petitioner filed three suits against the concerned respondent-firm, and there is no dispute on the point that the total amount as per suit claim in all the three suits is around Rs.93 lacs. The said suits were filed as summary suits. The Ld.Nominee passed order on 2.4.2002 granting leave to defend on condition to deposit 15% of the amount of suit claim. The respondents herein preferred Revision Application Nos 111, 112 and 113/02 before the Gujarat State Coop. Tribunal, and the Ld.Tribunal has allowed the revision applications by directing the suits to be disposed of within a period of two month, and it is under these circumstances the petitioner-bank has approached this court.3. Upon hearing the learned counsel for the parties, it appears that there is no dispute on the point that the suits are filed and the total amount involved in...
Ratilal H. Nayak Vs. Union of India (Uoi)
Court: Gujarat
Decided on: Aug-19-2004
Reported in: (2005)194CTR(Guj)151; [2005]275ITR333(Guj)
M.S. Shah, J.1. Leave to make correction in the prayer clause.In this petition under Article 226 of the Constitution, the petitioner has prayed for a direction to the respondents, particularly the appropriate authority (under Chapter XX-C of the Income-tax Act, 1961), Ahmedabad to pay the petitioner interest at the rate of 18% p.a. on the apparent consideration amount for the period from 31.7.1992 till 3.12.1992 when the petitioner was paid apparent consideration of Rs.30,56,218/- after certain deductions. The claim is made under sub-section (4) of Section 269UG of the Income-tax Act, 1961 ['the Act' for short].2. The petitioner was the owner of the property situated at Ahmedabad for which the petitioner executed an agreement to sell on 12.5.1992 for a sum of Rs.47,34,400/-. The petitioner filed the form under Section 269UC on 25.5.1992 and the appropriate authority at Ahmedabad, respondent No.2 herein, passed the order under Section 269UD(1) for acquiring the property in question afte...
Sarva Vidyalaya Kelavani Mandal Thro. S. Chinnam Reddy Vs. State of Gu ...
Court: Gujarat
Decided on: Aug-19-2004
Reported in: (2005)1GLR420
Jayant Patel, J.1. All the learned advocates appearing for both the sides are finally heard.As in all these petitions facts are more or less same and common questions are involved they are being dealt with by this common order.2. The short facts are as under:(i) All the petitioners are self-financed and unaided colleges imparting education for M.B.A, M.C.A and other professional courses. The concerned petitioners colleges are affiliated to various university of Gujarat State, namely, Gujarat University, Saurashtra University and North Gujarat University, For admissions to courses of MBA and MCA in these group of petitions, there were two Centralised Admission Committees with which the subject matter of petitions related to, i.e. one was for the colleges affiliated to Gujarat University and the other was for the colleges affiliated to North Gujarat University, Patan and Saurashtra University, Rajkot. The petitioners of SCA Nos. 10832 and 17823/03 are the institutions affiliated to Gujar...
Jeram Kanji Prajapati Vs. State of Gujarat
Court: Gujarat
Decided on: Aug-18-2004
Reported in: AIR2005Guj80
Jayant Patel, J.1. This court on 5.8.04 passed the following order:'Rule returnable on 18.8.04.2. Since the petitioner has already deposited an amount of 40,000/- and it primafacie appears that an opportunity of hearing has not been given by the tribunal in the appeal further steps for recovery deserve to be stayed.3. I would have considered the matter for remand. But, Mr.Mankad for the respondent has requested that he would like to get the sense from his client, therefore, the ad interim relief granted earlier shall continue till18.8.04 with further direction that the petitioner also shall not transfer or alienate the property in question in any manner, whatsoever.Put up on 18.8.04 in admission board.'2. When the matter is further taken up for hearing today Mr.Mankad the learned advocate appearing for the respondent No.3 Bank states that if this court finds that opportunity of hearing was not given to the petitioner by the tribunal before the impugned order is passed, the bank has no ...
Natvarbhai J. Rathod Vs. Modasa Municipality
Court: Gujarat
Decided on: Aug-18-2004
Reported in: [2005(104)FLR383]; (2005)2GLR991
B.J. Shethna, J.1. Petitioner-Natvarbhai J. Rathod belongs to Scheduled Caste. He was serving as Octroi Clerk with the respondent-Modasa Nagarpalika since about 15 years with clean and unblemished record. He has filed this petition and challenged the impugned decision of the respondentNo 2-Selection Committee of respondent-Modasa Nagarpalika of not selecting the petitioner for the post of Octroi Inspector and the resolution passed by the Modasa Nagarpalika to appoint respondent No 3 on the post of Octroi Inspector by promotion.2. Respondent-municipality passed resolution No 14 dated 29.4.1989 and requested the Director of Municipalities to fill in some vacant posts in the municipality. One of the posts was of Octroi Inspector. Director of Municipalities granted promotion to fill up those posts in January, 1999 with a direction to the municipality to fill up the post from the candidates of Scheduled Casts, Scheduled Tribe, Socially and Economically Backward Castes and retired Armed pers...
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