Gujarat Court March 2005 Judgments
B.J. Jadav Vs. State of Gujarat
Court: Gujarat
Decided on: Mar-31-2005
Reported in: (2005)3GLR2650
Akil Kureshi, J.1. In this petition, the main issue that is required to be considered is whether the Disciplinary Authority can rely upon the advice rendered by the Gujarat Public Service Commission (hereinafter to be referred to as 'GPSC' for short) without supplying a copy thereof to the delinquent Government servant.2. Facts leading to the present petition are as follows:2.1 The petitioner was initially appointed as District Inspector, Land Records Class-II as a direct recruit on 16.8.79 under the administrative control of the Settlement Commissioner and Director of Land Records, Gujarat State. In the year 1990, the petitioner was promoted to the post of Superintendent of Land Records (Class I). While holding the said post, a chargesheet came to be issued against the petitioner on 11.11.02. In the said chargesheet, there were three charges levelled against the petitioner. First charge levelled against the petitioner was that on different occasions, the petitioner had committed serio...
Tag this Judgment!Pooja Tex Prints Ltd. Vs. Union of India (Uoi)
Court: Gujarat
Decided on: Mar-30-2005
Reported in: 2005(187)ELT298(Guj)
D.A. Mehta, J.1. The petitioner, a Limited Company has challenged order dated 21st February, 2005 made by the Customs, Excise And Service Tax Appellate Tribunal, West Zonal Bench, Mumbai (CESTAT). Heard Mr. Mitul K. Shelat, learned Advocate appearing with Mr. Mihir Joshi, learned Senior Advocate on behalf of the petitioners and Mr. Jitendra Malkan appearing on an advance copy on behalf of the respondents. In light of the controversy and the view that the Court is inclined to take the matter is taken up for hearing and final disposal today.2. Rule.Mr. Jitendra Malkan appears and waives service on behalf of the respondents.3. The petitioners had moved two applications seeking stay of demand of duty as well as penalty on the petitioner company and its Director. When the matter came up for hearing before CESTAT on 21st February, 2005 it was submitted on behalf of the petitioners that the Counsel engaged by the petitioners was suffering from Viral fever from Saturday night i.e. 19th Februar...
Tag this Judgment!State of Gujarat Vs. Dhansukhlal Amrutlal Purohit
Court: Gujarat
Decided on: Mar-30-2005
Reported in: (2005)3GLR2647
C.K. Buch, J.1. Heard Ms. N.V. Joshi, learned counsel appearing for the petitioners.2. Invoking jurisdiction of this Court under Sections 226 and 227 of the Constitution of India, the petitioners have prayed for appropriate writ, order or direction to the effect that the order passed by the ld. Sessions Judge, Valsad, in Criminal Appeal No.55 of 2002, be quashed and set aside, whereby the ld. Sessions Judge has allowed the appeal preferred by the owner of the Maruti Fronti Car bearing Registration No.GJ-15-C-1179 ( for short 'Maruti Car') allegedly used in piloting the motor truck bearing Registration No.GTK-5938 (for short 'the truck'), loaded with 'Kherwood', a forest produce.3. Assailing the said order, it is argued by Ms. N.V. Joshi, ld. APP, that the ld. Sessions Judge has erred in applying the ratio of the decision in the case of Manubhai Babubhai Patel v. Deputy Conservator of Forest and another, reported in 1985 (2) GLR 836. According to Ms. Joshi, the facts of the referred dec...
Tag this Judgment!Commisssioner of Income-tax Vs. Fluid Controls Mfg. Co.
Court: Gujarat
Decided on: Mar-30-2005
Reported in: (2005)196CTR(Guj)1; [2006]280ITR86(Guj)
H.N. Devani, J.1. The Income Tax Appellate Tribunal, Ahmedabad Bench 'B' has referred the following question of law for the opinion of this Court under Section 256(1) of the Income Tax Act, 1961 (the Act) at the instance of the Commissioner of Income Tax, Baroda.'Whether, the Appellate Tribunal is right in law and on facts in holding that the assessee is entitled to claim depreciation allowance u/s. 32 for the full year therebygranting depreciation twice on the same assets in one assessment year to the firm beforethe dissolution and to its partner after dissolution?'2. The Assessment Year is 1983-84. The relevant Accounting period is from 1/1/1982 to 31/07/1982. During the previous year relevant to the Assessment Year under consideration the assessee, a partnership firm was dissolved on 31/07/1982 and its business was taken over by one M/s. Himalaya Machinery (P) Ltd., a partner, as a going concern along with all assets and liabilities with enffect from 01/08/1982.3. The assessee firm ...
Tag this Judgment!Purshottam A. Vadher Vs. Physical Research Laboratory
Court: Gujarat
Decided on: Mar-29-2005
Reported in: (2005)2GLR1325
Akil Kureshi, J.1. In this petition Rule was issued on 2-4-2004 and ad-interim relief staying the order relieving the petitioner from the post of Assistant Administrative Officer was granted. Thus, the petition was placed before this Court for consideration of confirmation/vacation of interim relief. At the joint request of the learned advocates appearing for both the sides, however, the petition was heard for final disposal from time to time. Accordingly, I have heard the learned advocates appearing for the parties at considerable length.2. In this petition, the petitioner has challenged the action of the respondents in not permitting him to withdraw his notice of voluntary retirement. In particular, the petitioner has prayed for a direction to quash and set aside the order dated 5-1-2004 passed by the respondents by which the notice of voluntary retirement given by the petitioner on 5-1-2004 was accepted.3. Short facts leading to the present petition are that the petitioner, who is w...
Tag this Judgment!Widow Hiruben Bijalbhai Harijan Vs. Special Secretary
Court: Gujarat
Decided on: Mar-29-2005
Reported in: AIR2005Guj316
Jayant Patel, J.1. Rule. Mr.Mengdey, learned AGP waives service of rule for respondents. With the consent of the learned Counsel appearing for both the sides, the matter is finally heard today. 2. The short facts of the case are that the husband of the petitioner was granted government land admeasuring 5 acres bearing Survey No. 1202 at Village Bhalpara for growing trees for 30 years as per the order dated 14.12.1978. It is the case of the petitioners that the petitioners have made efforts to grow the maximum trees over the land and it was also the case of the petitioners before the Collector that due to heavy rain and consequential flood in the area, the plants were destroyed and as a result thereof the requisite number of trees as per the resolution of the Government could not be grown well in time. It appears that the District Collector issued notice for termination of the lease on the ground that the requisite number of trees are not grown. The petitioners submitted reply and conte...
Tag this Judgment!Vankar R.R. Vs. Gujarat State Road Transport Corporation
Court: Gujarat
Decided on: Mar-29-2005
Reported in: (2005)IIILLJ191Guj
ORDERG.S. Singhvi, J.1. This is an appeal under Clause 15 of the Letters Patent for setting aside order dated March 6, 2002 passed by the learned single Judge in Special Civil Application No. 1081 of 2002, whereby, he quashed award dated February 20, 2001 passed by the Labour Court No. 3, Vadodara, in Reference No. 109 of 1999.The facts:2. The Appellant joined service of Gujarat State Road Transport Corporation (for short 'the Corporation') as Conductor. On October 3, 1995, the line checking squad, S.T. Vadodara, found that while he was on duty on Chhota Udaipur to Kanavat route, the Appellant had taken money from three passengers but had not issued tickets. On receipt of the report of the checking squad, a departmental enquiry was instituted against the Appellant. The Enquiry Officer returned the finding of guilt. Thereafter, Divisional Traffic Superintendent (city)-cum-Competent Authority (hereinafter described as the Disciplinary Authority) issued notice to the appellant proposing h...
Tag this Judgment!Rajiv Agrawal or His Successor in Office Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Mar-29-2005
Reported in: (2006)202CTR(Guj)80; [2007]290ITR449(Guj)
M.D. Shah, J.1. Heard Mr. Manish R. Bhatt, learned Advocate for the applicant, Mr. K.P. Raval, learned Addl. P.P. for the respondent No. 1 State and Mr. Yogesh Lakhani, learned Advocate for the respondent No. 2.2. An information was received by the office of the applicant Income Tax Department regarding seizure of cash amounting to Rs. 20 lacs 9-6-2004 by the Athwa Police, Surat from the possession of two persons namely Mohd Sarfaraz Mithani and Mohd Maqsood Mithani. An offence was registered at Athwaline Police Station vide CR. No. 9 of 2004 and Athwa Police also informed the Income Tax Department regarding the seizure of cash amount of Rs. 20 lacs. On the basis of this information, the present applicant made an inquiry regarding source of cash seized by Athwa Police. During inquiry, Income Tax Department recorded the statement of respondent No. 2 under Section 131 of the Income Tax Act and in his statement, he claimed that the cash seized by Police Authorities belonged to Shri Babubh...
Tag this Judgment!Ajaykumar Chandrasinh Solanki Vs. State of Gujarat
Court: Gujarat
Decided on: Mar-28-2005
Reported in: (2005)3GLR2279
C.K. Buch, J.1. This Criminal Appeal is preferred by the appellant accused against the judgment and order of conviction dated 3.3.1988 recorded by Special Judge, Ahmedabad in Special Case No. 30/1986, on a prosecution instituted by Central Bureau of Investigation (CBI for short) on behalf of the State of Gujarat.2. The appellant is the original accused who has been held guilty of the offence punishable under Sec. 5(2) R/w Sec. 5(1)(D) of the Prevention of Corruption Act, 1947 (hereinafter referred to as the 'Old Act') and under Sec. 161 of Indian Penal Code (IPC for short) and came to be convicted to undergo R/I for 1 Year and to pay a fine of Rs. 500/ (Rs. Five hundred only), I/d to undergo R/I for 3 Months for the offence punishable under Sec. 5(2) R/w Sec. 5(1)(D) of the Old Act and to undergo R/I for 1 Year and to pay a fine of Rs. 500/ (Rs. Five hundred only), I/d to undergo R/I for 3 Months for the offence punishable under Sec. 161 of IPC.3(i) The case of the prosecution in brief...
Tag this Judgment!Kantibhai Ishwarbhai Patel Through His Heirs and Legal Representatives ...
Court: Gujarat
Decided on: Mar-28-2005
Reported in: (2005)3GLR2110
A.M. Kapadia, J.1. Instant Appeal u/s 96 of the Code of Civil Procedure is directed against the judgement and decree dated September 30, 1995 rendered in Special Civil Suit No. 170 of 1985 by the learned Civil Judge (SD), Vadodara, by which the Suit filed by the appellant against the respondents for partition, claiming 1/3rd share in the ancestral undivided properties, mentioned in para 2 A to U of the Plaint, came to be dismissed.2. For the sake of convenience, the parties herein are referred to as they are arrayed in the trial Court.3. The facts giving rise to this First Appeal are as follows:3.1 The plaintiff and the defendants are the real brothers and sisters. Their father - Isharbhai Ranchhodbhai - died on 26.2.1982. The deceased Isharbhai Ranchodbhai was having ancestral properties of agricultural lands, Gabhan land and houses mentioned in para 2 A to U of the Plaint ('the suit properties' for short) . It was alleged in the Plaint that the suit properties were the ancestral prop...
Tag this Judgment!- ‹ Prev
- 2
- 3
- 4
- 5
- 6
- Next ›
- Last »