Gujarat Court January 2006 Judgments
New India Assurance Co. Ltd. Vs. Rajabhai Varsangbhai Bharwad and ors.
Court: Gujarat
Decided on: Jan-31-2006
Reported in: 2006ACJ2222
Abhilasha Kumari, J.1. First Appeal No. 197 of 2006, arising out of M.A.C. Petition No. 214 of 1996, and First Appeal No. 198 of 1997, arising out of M.A.C. Petition Nos. 215 of 1996, have been filed by the New India Assurance Co. Ltd. against the common judgment and award dated 23-9-2005 passed by the Motor Accident Claims Tribunal, Surendranagar, Since both these appeals have been decided by a common judgment and award, the same are being heard together.2. Briefly stated the facts, as emerge from the record of M.A.C. Petition Nos. 214 and 215 of 1996, are that the accident occurred on 7-10-1995 at about 5-30 in the morning in village Sawa under Kosamba Police Station, Surat. The deceased Devuben and Vijuben along with other relatives were sitting in Jeep No. MWN No. 1126 and going from Nasik to Chotila to visit the temple of 'Mataji' at that place, prior to the incident. After visiting the said temple, they travelled in the said jeep to Velavadar. The Navratri festival was going on d...
Tag this Judgment!Renukaben Rashmikant Padia Vs. Bank of Maharashtra thr' Chief Manager- ...
Court: Gujarat
Decided on: Jan-31-2006
Reported in: (2006)IIILLJ169Guj
D.H. Waghela, J.1. The petitioner has invoked Articles 14, 16, 21 and 226 of the Constitution for claiming the declaration that she is entitled to get family pension from the respondent bank and for a direction to them to make payment of family pension with effect from 25.10.2000 with interest. The prayers are based upon the facts that her husband had joined service of the respondent bank in October, 1976 and had served till 24.10.2000 when he met with an accident and died in harness. By the letter dated 5.10.2004, the Branch Manager of the respondent was ordered to convey to the petitioner that the entire past service of her late husband was forfeited due to his involvement in fraudulent acts and hence his family was not entitled to family pension.2. By affidavits of the Senior Branch Manager, it is stated that the aforesaid decision dated 5.10.2004 has remained unchallenged and it is an indelible fact that late Shri Padia had committed fraud in 13 Saving Bank accounts by making ficti...
Tag this Judgment!State of Gujarat Vs. Satish @ Kalu @ Hathoda Bhikhabhai Patel
Court: Gujarat
Decided on: Jan-27-2006
Reported in: (2006)1GLR816
A.M. Kapadia, J.1. Criminal Confirmation Case No. 3 of 2005 arises pursuant to submission of the proceedings of Atrocity Criminal Case No. 3 of 2003 made under Section 366(1) of the Code of Criminal Procedure ('the Code' for short) by the learned Special Judge, Court No. 10, Special City Sessions Court, Ahmedabad, who, by his judgment and order dated 16.5.2005, has sentenced respondent - Satish alias Kalu alias Hathoda ('the accused' for short) to death for commission of offence punishable under Section 302 of the Indian Penal Code ('IPC' for short) whereas Criminal Appeal No. 1176 of 2005 filed under Section 374(2) of the Code by the accused from the jail is also directed against the judgment and order dated 16.5.2005 rendered by the learned Special Judge, Court No. 10, Special City Sessions Court, Ahmedabad, in Atrocity Criminal Case No. 3 of 2003 by which the appellant/accused is convicted for commission of the offence punishable under Sections 302, 201 and 404 of the IPC and senten...
Tag this Judgment!Jackson Engineers Ltd. and 2 ors. Vs. Union of India (Uoi) and 2 ors.
Court: Gujarat
Decided on: Jan-27-2006
Reported in: 2006(199)ELT34(Guj)
D.A. Mehta, J.1. This petition challenges the Stay Order No.S/62-63/WZB/2005/C III/EB dated 17/8/2005 (Annexure SE) and Order No.A/475-476/WZB/2005/C III/EB dated 1/9/2005 (Annexure SF) made by the Customs, Excise & Service Tax Appellate Tribunal, West Zonal Bench Mumbai, dismissing the appeals of the petitioners.2. Heard Mr. Dhaval Shah, the learned advocate for the petitioners and Mr. Jitendra Malkan for the respondents, except respondent No. 2.3. The controversy lies in a very narrow compass and hence, the petition is taken up for final hearing and disposal today. Rule. Mr. Malkan waives service on behalf of respondents No. 1 and 3.4. Brief facts leading to this petition. On 29/4/2004, an adjudication order came to be made disallowing modvat credit of Rs.11,28,397/- with an equal amount of penalty imposed on the petitioner company and a personal penalty of Rs.50,000/- imposed on petitioner No. 3, General Manager of the petitioner company.5. The matter was carried in appeal, but the ...
Tag this Judgment!Toppan Plywood Private Ltd. Vs. Union of India (Uoi)
Court: Gujarat
Decided on: Jan-27-2006
Reported in: 2006(198)ELT495(Guj)
D.A. Mehta, J.1. Considering that the matter pertains to 1998 and the view that the Court is inclined to take, the petition is taken up for final hearing and disposal today.2. Rule. Mr. Malkan waives service of Rule.3. Heard Mr. D.V. Parikh, learned Advocate for the petitioner and Mr. Malkan appearing on behalf of the respondents.4. On 25-4-1996 an Order-in-Original came to be made by the Assistant Commissioner of Central Excise which was challenged by the petitioner by way of an appeal before Commissioner (Appeals), Ahmedabad. The appeal was accompanied by an application seeking stay of demand. On 3-6-1997 the Commissioner (Appeals) issued communication which reads as under:Sirs,In connection with your petition for stay/waiver of pre-deposit of duties dated 22-7-1996 sent along with your appeal memorandum, you are informed that the matter has been prima facie considered, but your request is not found acceptable under the existing facts represented in your appeal petition/stay petition...
Tag this Judgment!Hetalben Jitendrakumar Vyas Vs. Police Inspector
Court: Gujarat
Decided on: Jan-27-2006
Reported in: AIR2006Guj97
Anil R. Dave, J.1. The petitioner has mainly approached this court with a grievance that there is no policy restraining the citizens from bursting crackers on public streets and, therefore, it has been prayed in the petition that the respondents should be directed to frame some policy restraining or regulating bursting of crackers on public streets/roads.2. The circumstances in which the petitioner has approached this court, in a nutshell, are as under:2.1 On 10.2.2003, when the petitioner was passing through a road in Sabarmati area of Ahmedabad with her son Aryan, aged about 2 1/2 years, a marriage procession of son of respondent No. 5 was passing through the said road and the members of the procession were also bursting fire crackers on the road as a part of celebration. All of a sudden, one of the fire crackers bursted in such a way that it hit and damaged one of the eyes of the petitioner's son, named, Aryan. The child started bleeding from his right eye and he had to be rushed to...
Tag this Judgment!New Sorathia Engineering Co. Vs. Commissioner of Income Tax
Court: Gujarat
Decided on: Jan-25-2006
Reported in: [2006]282ITR642(Guj)
D.A. Mehta, J.1. The Tribunal, Ahmedabad Bench 'C, has referred the following question under Section 256(1) of the IT Act, 1961 (the Act), at the instance of the assessee:Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in upholding the penalty under Section 271(1)(c) in respect of cash credits aggregating to Rs. 61,000?2. Before adverting to facts it is necessary to take note that the applicant-assessee had proposed the following five questions in its reference application but, according to the Tribunal, only question No. 1 deserved to be referred because other questions are either repetitive or based on discussions of certain judicial decisions:(1) Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in upholding the penalty under Section 271(1)(c) in respect of cash credits aggregating to Rs. 61,000?(2) Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in rejecting and/...
Tag this Judgment!Commissioner of Income Tax Vs. Kashiram Textile Mills (P) Ltd.
Court: Gujarat
Decided on: Jan-25-2006
Reported in: [2006]284ITR61(Guj)
D.A. Mehta, J.1. The Tribunal, Ahmedabad Bench 'C', has referred the following two questions for each of the references under Section 256(2) of the IT Act, 1961 :RA No. 352/Ahd/1988:(1) Whether, the Tribunal is right in law in deleting the addition of Rs. 7,65,960 on account of fictitious purchases of colour and chemicals ?(2) Whether, the Tribunal is right in law in recalling the earlier order on the same facts ?RA No. 353/Ahd/1988 :(1) Whether, the Tribunal is right in law in deleting the addition of Rs. 6,40,960 on account of fictitious purchases of colours and chemicals ?(2) Whether, the Tribunal is right in law in recalling its earlier' order on the same facts ?Both these references arise out of the appeal of the assessee and appeal of the Revenue, respectively.2. The assessment year is 1977-78 and the relevant accounting period is commencing from 1st July, 1975 and ending on 30th June, 1976. The assessee, a private limited company, is carrying on business of bleaching, dyeing, pr...
Tag this Judgment!Commissioner of C. Ex. and Cus. Vs. Tuni Textile Mills Ltd.
Court: Gujarat
Decided on: Jan-24-2006
Reported in: 2009[16]STR227
ORDERD.A. Mehta, J.1. The appellant-revenue has proposed the following two questions:(a) Whether despite giving ample opportunities to the respondents by granting personal hearings on 18-1-2001, 23-1-2001, 10-9-2001, 17-9-2001, 29-10-2001 and 30-10-2001 which they chose not to attend and despite giving them opportunity to inspect the relied upon documents, they did not carry out the inspection and kept on insisting to supply them copies thereof, breach of the principles of natural justice can be hurled against the department?(b) Whether in case of seizure of excisable goods followed by detection of evasion over the period of time, Show Cause Notices can be issued separately. First for seized goods within six months prescribed under Section 110(2) of the Customs Act, 1962 made applicable to Central Excise Cases by virtue of Section 12 of Central Excise Act failing which seized goods are liable to be released unconditionally and second for the amount of duty evaded by resorting to fraud ...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Babubhai Purshottambhai Harijan and 2 ...
Court: Gujarat
Decided on: Jan-24-2006
Reported in: IV(2006)ACC225; 2008ACJ104
Bhawani Singh, C.J.1. This Appeal, by New India Assurance Company Limited, is directed against the Award passed by the Motor Accident Claims Tribunal (Aux.), Vadodara, dated 22.9.2005, below Exh.7, MAC Petition No. 1411 of 2004, under Section 140, Motor Vehicles Act, 1988. 2. Briefly stated, accident took place on 6.2.2004. Balubhai Parshottambhai Harijan (claimant) had gone to house of Bhailalbhai Valjibhai Parmar at Tilakwada. At 8:00 p.m., he left for his house. He waited for bus at Tilakwada three roads but he boarded Truck No. GJ-1-T-4257 which came in the meanwhile. Truck was being driven rashly, negligently and at excessive speed. As a result, the driver of the truck lost control at the turn near bus stand of village Naliya, and bus turned turtle. As a result of this accident, claimant suffered fractures in legs, injuries on waist, chest and other parts of the body. Reaching home, he took treatment, reported the matter to police on the next day and took further treatment at priv...
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