Gujarat Court March 2005 Judgments
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Sadbhav Engineering Ltd. Vs. Union of India (Uoi)
Court: Gujarat
Decided on: Mar-04-2005
Reported in: 2005(187)ELT300(Guj)
D.A. Mehta, J. 1. This petition under Article 226 of the Constitution of India principally challenges the order No.03/2004 dated 12th August 2004 (Annexure 'A') made by respondent No.2 and seeks a further direction that respondent No.2 may hear and dispose of appeal filed by the petitioner Company without insisting for pre-deposit of the amount in question. 2. Heard Mr.Uday Joshi for M/s Trivedi & Gupta on behalf of petitioner and Mr.Jitendra Malkan for respondents. RULE. Mr.Malkan waives service of Rule. 3. The petitioner Company is engaged in business of engineering and construction. On 18th April 2001, M/s Larsen & Toubro Ltd. awarded sub-contract to the petitioner Company for carrying out work of National Highway No.5 between 61 KMs to 98 KMs. It appears that, on 19th December 2000, M/s Larsen & Toubro Ltd. were awarded the main contract of National Highways Authority of India (NHAI) and in pursuance thereto, on 1st March 2001, a notification came to be issued by the Central Govern...
Flowel Asbestos Products Vs. Union of India (Uoi)
Court: Gujarat
Decided on: Mar-04-2005
Reported in: 2005(187)ELT21(Guj)
D.A. Mehta, J.1. This petition challenges order made by the Commissioner (Appeal), Central Excise and Customs, Vadodara in Appeal No. 145/AHD-II/98 on 6th March, 2002 dismissing the appeal without going into the merits of the controversy due to non compliance of earlier order of pre-deposit in light of statutory provisions of Section 35F of the Central Excise Act, 1944.2. Heard Mr. Ashish H. Shah, learned Advocate for the petitioners. When the matter had come up on 25th February, 2005 Mr. Shah had prayed for time to report compliance and today it has been reported that a sum of Rs. 1,48,815/- has duly been deposited by the petitioner on 24th February, 2005. Mr. Malkan, who appears on receipt of advance notice has been heard.3. In light of the fact that the order directing the pre-deposit has been complied with by the petitioner herein, order dated 6th March, 2002 passed by Commissioner (Appeals), Central Excise & Customs, Vadodara is quashed and set aside and the appeal bearing No. 145...
Ramkumar Kalluram Yadav and ors. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Mar-03-2005
Reported in: (2005)2GLR1619
Ravi R. Tripathi, J.1. Initially, Special Civil Application No. 9538 of 2001 was filed for as many as thirty one petitioners together, alleging that the petitioners are entitled to First Higher Pay Scale Grade of P.S.I. in the scale of Rs.1640-2900 (Revised).2. The petitioners are First Grade Head Constable (ASI) under respondent no. 3 - Commandant, State Reserve Police ('SRP'), Group-XII. The case of the petitioners is that they have been serving since they joined in SRP as `Armed Constables' between 1956 to 1969. It is also their case that they then received promotion in Second Grade Head Constable and thereafter, in First Grade Head Constable, which is also known as 'ASI'.With a view to see that the details of every individual petitioner are on record, by Order dated 7th January, 2002, the petitioners were asked to file separate petitions for individual petitioner. Accordingly, Special Civil Application Nos. 214 of 243 of 2002 are filed. In all these petitions, `Rule' was issued on ...
State of Gujarat Vs. Babubhai Udesing Parmar Overruled
Court: Gujarat
Decided on: Mar-02-2005
Reported in: (2005)3GLR2491
Kshitij R. Vyas, J.1. This confirmation case arises out of the judgment and order of conviction and sentence dated 18.12.2003 passed in Sessions Case No.298/2000 by the learned Joint District Judge, 4th Fast Track Court, Anand. The learned Judge has convicted Babubhai Udesing Parmar, the respondent of Criminal Confirmation Case and appellant of criminal appeal (hereinafter referred to as 'the accused') for offences under section 363, 366, 376 and 302 IPC and has awarded different sentences for the offence punishable under section 366 to suffer five years R.I. and to pay fine of Rupees one thousand, in default to undergo S.I. for 10 days, and for the offence punishable under section 376(2)(6), R.I. for life and to pay fine of Rupees Five thousand, in default to undergo S.I. for two months, for offence under section 302 IPC, to be hanged till death subject to confirmation by the High Court. The said accused has also filed Criminal Appeal No.1625/2003 challenging the said judgment and ord...
Yuvraj Prithvirajsinhji S/O Maharao Madansinhji Vs. Maharani Rajendrak ...
Court: Gujarat
Decided on: Mar-02-2005
Reported in: AIR2006Guj84
C.K. Buch, J.1. Heard learned counsel appearing for the parties in detail and as per the oral request extended by them, we have accepted written submissions in brief for convenience and in the background of intrinsic facts and legal points involved in the matter. The learned counsel appearing for the parties have argued at length and they have also submitted, in brief, their submissions in writing, and therefore, we have dealt with certain factual as well as legal aspects and their merits prima facie; and without prejudice to the rights and contentions of the parties on all the points, so that they can make their points good while placing their say arguing the above First Appeal. Our findings, therefore, are tentative and we have recorded them for the purpose of dealing with present Civil Application.2. The present Civil Application is moved by the applicant-appellant-orig. plaintiff (hereinafter referred to as 'the plaintiff') praying for interim relief that pending hearing and dispos...
Heirs of Jitubhai Mastubhai Vs. Natvarlal Mahijibhai
Court: Gujarat
Decided on: Mar-02-2005
Reported in: (2005)2GLR1728
Jayant Patel, J.1. The short facts of the case are the petitioners are claiming the tenancy rights over the land in question admeasuring 4 acres 13 gunthas bearing S.Mo.369 at village Khanva taluka Jambusar and the land admeasuring 1 acre 20 gunthas bearing S. No. 371 at village Khanvatal. Jambusar. Since common questions arise both these petitions are considered by this common judgment.2. It appears that the father of the petitioner was the tenant of lands in question and as per the say of the petitioner after the death of the father of the petitioner the petitioner continued with the possession over the land in question. As per the respondent landlord the tenancy rights were surrendered on 26.5.1950 and the same was before Aval Karkun who was the then competent authority and as per the order, dated 3.7.1950 such surrender was recorded as voluntary and the tenancy rights were terminated. It is the case of the petitioner that the petitioner has continued to be in possession of the land...
K. Kacharadas Patel Specific Family Trust Vs. Commissioner of Income T ...
Court: Gujarat
Decided on: Mar-01-2005
Reported in: (2005)195CTR(Guj)577; [2006]282ITR317(Guj)
D.A. Mehta, J.1. As can be seen from the statement of case, a consolidated reference is made incorporating reference at the instance of the assessee as well as reference at the instance of the Revenue. In the circumstances, the Registry is directed to register the reference at the instance of Revenue as IT Ref.. No. 59-A of 1993.IT Ref. No. 59 of 1993 :2. The following five questions have been referred by the Tribunal, Ahmedabad Bench 'A', at the instance of the assessee :'(1) Whether, on the facts and in the circumstances of the case, the Tribunal while deciding the assessee's appeals against the order passed by the learned CIT under Section 263 of the IT Act, 1961, had jurisdiction to direct the AO to make proper investigation and then decide the question of allowability of additional commission in accordance with law ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal should have cancelled the order of the CIT directing the AO to disallow the additional co...
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