Gujarat Court March 2006 Judgments
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Rolcon Engineering Co. Ltd. Vs. State of Gujarat and 5 ors.
Court: Gujarat
Decided on: Mar-02-2006
Reported in: (2009)21VST118(Guj)
Anil R. Dave, J.1. The petitioner has been aggrieved by orders dated 30.1.2004 and 31.1.2004 passed by respondent No. 5, Sales Tax Officer (1), Class 1, Anand, whereby benefits given to it under. The Sales Tax Incentive Scheme for Wind Power Generation, 1993 have been withdrawn and by an order dated 12.2.2004, whereby the petitioner has been called upon to pay Rs. 1,05,82,588/- because it did not fulfill the conditions on which the benefits were given to it in respect of payment of sales tax.2. The circumstances giving rise to the petition, in a nutshell, are as under:3. In view of perennial shortage of electricity, the State of Gujarat had framed a scheme named The Sales Tax Incentive Scheme for Wind Power Generation, 1993 (hereinafter referred to as 'the Scheme') to the effect that if any industrial undertaking erects a windmill and generates electricity, certain tax incentives in the nature of exemption or deferment of payment of sales tax would be given to such an industrial undert...
Pravinsinh S. Zala and 5 ors. Vs. Kodinar Taluka Sahakari Kharidvechan ...
Court: Gujarat
Decided on: Mar-02-2006
Reported in: (2006)2GLR1485
Jayant Patel, J.1. The question which arises for consideration of this Court in the present petition is whether Rule 15 of the Gujarat Coop Societies Rules, 1965 (hereinafter referred to as the Rules of 1965) applies to the specified Cooperative Societies provided under Section 74C of the Gujarat Cooperative Societies Act (hereinafter referred to as the Act). Incidentally, the additional question also arises for consideration is whether Rule 15 of the Rules of 1965 is inconsistent with the Gujarat Specified Cooperative Societies Rules, 1982 (hereinafter referred to as 'the Rules of 1982').2. The factual aspect appears to be as under :a. The respondent No. 1 is a Federal Society and is also a specified Cooperative Society within the meaning of Section 74C of the Act. It appears that initially, it forwarded the proposal for amendment in the bylaws for the representation of individual members through its delegates and it was proposed in the amendment that for every 25 individual members, ...
Thakorebhai Haribhai Patel Vs. DakshIn Gujarat Aahir Seva-samaj Trust ...
Court: Gujarat
Decided on: Mar-02-2006
Reported in: (2006)2GLR1023
D.A. Mehta, J.1. This petition, though styled as being under Articles 226/227 of the Constitution of India, in effect is an application under Article 227 of the Constitution of India. The petitioner challenges order dated 15th January, 2004 made by the trial Court below application Exh.226 in Special Civil Suit No. 26 of 1997 rejecting the application moved by the petitioner under Order 1 Rule 10(2) of the Code of Civil Procedure (CPC). 2. The petitioner herein is proposed defendant in Special Civil Suit No. 26 of 1997. The said suit has been instituted by respondent No. 12 herein (original plaintiff) while respondent Nos. 1 to 11 are original defendant Nos. 1 to 11. Except for the petitioner, the parties shall be referred to as per their respective description in the suit. 3. The case of the petitioner in nutshell is that the petitioner is brother of defendant No. 5 and both of them are sons of deceased Haribhai Kalidas Patel. That the plaintiff and defendant No. 5 are lawfully marrie...
Manjulaben Dahyabhai Trivedi Vs. Pushpaben Mangaldas Patel and anr.
Court: Gujarat
Decided on: Mar-01-2006
Reported in: (2007)2GLR1269
Jayant Patel, J.1. The short facts of the case are that the respondent filed Lavad Suit No. 2577 of 1978 before the Registrar, Board of Nominee with a prayer inter alia to restrain the petitioner herein who was defendant in the suit from making any construction in the margin land on the eastern side and to restrain him from using the same. The learned Nominee after the trial of the suit, ultimately passed the judgment and order dated 29-10-1993 whereby he found that as the dispute is outside the scope and ambit of Section 96 of the Gujarat Co-operative Societies Act (hereinafter referred to as the 'Act'), there is no jurisdiction with him and therefore, the suit was dismissed. The respondent No. 1 preferred the appeal being Appeal No. 457 of 1993 before the Gujarat State Co-operative Tribunal. The Tribunal found that the dispute would fall under Section 96 of the Gujarat Co-operative Societies Act (hereinafter referred to as the 'Act') and it has also further examined the matter on mer...
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