Gujarat Court August 2004 Judgments
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Motibhai R. Chaudhary Chairman Vs. Registrar Co-op. Societies
Court: Gujarat
Decided on: Aug-12-2004
Reported in: (2004)3GLR2251
M.S. Shah, J.When should a leader retire from the office : when others ask - 'WHY ?'orwhen others ask 'WHY NOT ?'.1. The octogenarian leader of the dairy Co-operative movement in Mehsana District, who appears to have missed the significance of the above question, has moved this Court for challenging the order dated 20th July, 2004 by which the Learned Single Judge has restrained original respondent no.4 Shri. Motibhai R. Chaudhary (appellant in LPA No.1446 of 2004hereinafter referred to as 'the appellant') from functioning as the Chairman of respondent no.3 Mehsana District Milk Producers Cooperative Federation Limited ( 'the Federal Society, for brevity) in view of the no-confidence motion passed against the appellant, as out of 15 members of the managing committee, 13 members have cast their vote in favour of the motion. The learned Single Judge has further clarified that the Vice Chairman or any other person holding the office as Incharge Chairman shall continue to function as Incha...
Babubhai Bachubhai Bhabhor Vs. State of Gujarat
Court: Gujarat
Decided on: Aug-12-2004
Reported in: 2005CriLJ1618; (2004)3GLR2275
R.K. Abichandani, J.1. This Special Bench has been constituted by the Hon'ble the Chief Justice for considering whether the procedural directions given by the learned Single Judge in the present application by order dated 29-7-2004 should be followed and all the subsequent bail applications under Sections 438 and 439 of the Code of Criminal Procedure be notified before the appropriate Bench as per the roster, except the applications filed under Section 439 after the submission of charge-sheet, or whether the present practice of notifying the subsequent bail applications before the same Judge, who decided the earlier bail application of the accused, be continued to be followed. The Hon'ble the Chief Justice, 'looking to the importance of the matter and also the fact that this question may pose problems in future', has directed that the said question be placed for consideration and decision before this Bench.2. It is stated in the present Miscellaneous Application that the petitioner had...
Jitendra Narayanbhai Rajgor Vs. State of Gujarat
Court: Gujarat
Decided on: Aug-12-2004
Reported in: 2005CriLJ2371; (2004)3GLR2226
K.A. Puj, J.1. RULE. Mr. A.D. Oza, learned Public Prosecutor waives service of rule on behalf of respondent - State.2. Since both these applications are arising out of the same offence, the same were heard together and are being disposed of by this common judgment.3. The brief facts giving rise to the present applications are that one Mr. Manohar Mangaram Galani filed complaint against 19 named persons and also other accused persons whose involvement was disclosed during the course of investigation, bearing CR No. I - 1/1995, C.I.D. Crime, Vadodara Zone Police Station for the alleged commission of the offences punishable under Sections 120B, 489, 348, 465, 466, 468, 471, 474, 409, 410, 109, 118, 167, 182, 114, 115, 219, 220, 506(2), 193, 195, 196, 199, 209, 200, 204 and 211 of I.P.C.4. It is alleged in the said complaint that the complainant was doing work as the share broker in part time and that in March, 1992, there was a sharp rise in the share market. The original accused No.1 Kis...
A.K. Sinha Vs. Manager, Airports Authority of India
Court: Gujarat
Decided on: Aug-11-2004
Reported in: (2004)3GLR2069
K. S. Jhaveri, J.1. The petitioner herein has challenged the order dated 24-10-2000 passed by the respondent-authority, at Annexure 'A' to the petition, whereby the competent authority of the respondent had accepted the resignation of the petitioner with effect from 1-4-1997, pursuant to the communication dated 18-10-2000 received from the Central Head Quarters of the respondent-authority.2. The petitioner joined the services under the respondent-authority as an Assistant Technical Officer with effect from 26-3-1979. As the petitioner was suffering from kidney ailment and other diseases, he could not attend his duties regularly. Since, the petitioner was not remaining well, he thought it fit to resign from the duty. Accordingly, he forwarded his resignation letter dated 11-7-1999 to the respondent authority. The respondent-authority vide letter dated 20-9-1999 asked the petitioner to forward the same through proper channel. As per the said order of the respondent-authority, the petitio...
Municipal Nokariyat Mandal Vs. Municipal Corporation of the City of Bh ...
Court: Gujarat
Decided on: Aug-10-2004
Reported in: [2005(106)FLR267]; (2005)1GLR686; (2005)IILLJ737Guj
D.K. Trivedi, J.1. Admit. Mr. R. M. Chhaya, learned Advocate, waives service of notice of appeal on behalf of respondent No. 1-Bhavnagar Municipal Corporation. Mr. S. P. Hasurkar, learned A.G.P., waives service of notice of appeal on behalf of respondent Nos. 2 and 3. By consent of the Counsel appearing in the matter, the Appeal is fixed forthwith.2. The present appeal is filed by the appellant-original petitioner-Municipal Nokariyat Mandal challenging the order passed by the learned single Judge dated 9-7-2004 in Special Civil Application No. 8100 of 2004 only in respect of not protecting by way of granting ex parte relief prayed for in Paragraph 7(c) of the petition while issuing notice, which was made returnable on 9-8-2004. While filing this Letters Patent Appeal, the appellant original petitioner has also annexed the copy of the order passed by the learned single Judge and the copy of the petition filed by the appellant-petitioner being Special Civil Application No. 8100 of 2004 w...
Gujarat State Fertilizers and Chemicals Ltd. Vs. Surendra T. Amin
Court: Gujarat
Decided on: Aug-09-2004
Reported in: (2004)3GLR2040; (2005)ILLJ400Guj
K.S. Jhaveri, J.1. The petitioner-Gujarat State Fertilizers & Chemicals Ltd., by way of this petition has challenged the order dated 6th February, 1999 in Gratuity Case No. 44 of 1998 passed by the Controlling Authority appointed under the provisions of Payment of Gratuity Act, 1972, which was confirmed by the appellate authority vide order dated 10th September, 1999.2. The short facts of the case as they emerge from the record of the petition are that the respondent at the relevant point of time was working as Manager (Agro Project) and was drawing salary of Rs. 11,600-00 p.m. It is the case of petitioner that for holding the aforesaid post and position, high degree of responsibility, trust and confidence are required from the incumbent holding the office and in the present case, the respondent was authorized on behalf of the petitioner to deal with its customers to enter into financial transactions as well powers to withdraw the money from and/or make payments on behalf of the petiti...
Did Frenchisees' Asso. Vs. Chief General Manager
Court: Gujarat
Decided on: Aug-09-2004
Reported in: AIR2005Guj141; (2004)3GLR2609
K.S. Jhaveri, J.1. In all the above petitions the petitioners have challenged the Notification dated 9th November 1999 as also the Circular dated 23rd November 2000 issued by the Telecom Regulatory Authority of India and letter dated 2.1.2001 issued by the Deputy General Manager (C), which is at Annexure-J to the petition..2. The relevant part of the Notification dated 9.11.1999 is reproduced as under:Section ITitle, Extent and Commencement1. Short title, extent and commencement:(i) This Order shall be called 'Telecommunication Tariff (Tenth Amendment) Order 2000'.(ii) The Order shall come into force with effect from 1st December 2000.Section IITariff2. The tariff for franchised Group PBX or PABX and EPABX with DID facility (for Multistorey, other Buildings, Co-operative Housing Societies) is changed as detailed below:For item (16.b.ii) in Schedule I of the Telecommunication Tariff Order (TTO), 1999 prescribing Monthly Rental, the changes are as under:Read in place of 'Rs.100 per month...
Kwality Steel Suppliers Vs. Commissioner of Income Tax
Court: Gujarat
Decided on: Aug-06-2004
Reported in: (2004)191CTR(Guj)94; [2004]271ITR40(Guj)
ORDERValuation of closing stock, where firm was dissolved but business continuedThe assessing officer accepted valuation of closing stock of the firm at lower of market value or cost price as the firm was continued by the remaining partner. The CIT invoked power under section 263 on the ground that same should have been valued at market price. Held : The valuation of closing stock in the case of dissolution of firm coupled with continuation of business shall be on the basis of market value or cost price whichever is lower as accepted by the assessing officer therefore, there was no error in the said order and thus, could not be said to be erroneous or prejudicial order. Invocation of provisions of section 263 was therefore, not valid. Income Tax Act, 1961 s.263Income Tax Act, 1961 s.145A D.A. Mehta, J.1. In this appeal the following two substantial questions of law arising from the order of the Tribunal have been framed at the time of admission of the appeal:'1. Whether, in the facts a...
Vallabhbhai Popatbhai Vs. State of Gujarat
Court: Gujarat
Decided on: Aug-06-2004
Reported in: (2005)2GLR1518
C.K. Bugh, J.1. The petitioner has challenged the legality and validity of the order dated 8th March, 1990, holding the present petitioner guilty of the offences punishable under Sections 7(1) r/w. Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1955 (hereinafter referred to as 'the Act'), passed by the learned Judicial Magistrate First Class (Municipal), Rajkot, while concluding the trial of the Criminal PFA Case no.304/1985 and the judgment and order dated 13th February, 2004, confirming the aforesaid judgment and order of conviction dated 8th March, 1990, passed by the learned Additional Sessions Judge, Rajkot, while disposing Criminal Appeal No.2/90.2. Mr. P.M. Thakkar, leaned senior counsel appearing for M/s.Thakkar Associates for the petitioner, has taken me through the relevant facts and also the case of the prosecution; and submitted that the order of conviction and order of confirmation passed by both the Courts below are illegal and erroneous and both the lowe...
Raghunath Hiraman Wagh Vs. State of Gujarat
Court: Gujarat
Decided on: Aug-05-2004
Reported in: [2005(104)FLR215]
R.M. Doshit, J.1. The petitioner, a retired Government servant, challenges the Order dated 2nd March, 1998 made by the State Government imposing deduction of Rs. 589=50p. from the monthly pension of the petitioner for a period of ten years. On 21st August, 1993, disciplinary proceeding came to be initiated against the petitioner, a Head Constable under the District Superintendent of Police, Valsad, for several acts of misconduct amounting to lack of integrity and of conduct, unbecoming of a Police Officer. The alleged acts of misconduct were committed by the petitioner in respect of a criminal complaint lodged before the learned Judicial Magistrate, First Class, Vansda which came to be referred to the Police for investigation as Police Station Register M.Case No.6 of 1987. Pending the disciplinary proceeding, the petitioner retired from service on 30th June, 1995. The disciplinary proceeding continued against the petitioner under Rule 189A of the Bombay Civil Services Rules. Considerin...
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