Gujarat Court September 2006 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Surpal Vestabhai Bhabor Vs. Musabhai Ahmedbhai Kanuga and anr.
Court: Gujarat
Decided on: Sep-18-2006
Reported in: 2007ACJ1743; (2007)1GLR749
M.S. Shah, J.1. This appeal is directed against the judgment and award dated 9th February 2006 passed by Motor Accident Claims Tribunal, Dahod, in M.A.C.P. No. 1510 of 2006 (Old No. 506 of 1996), by which the Tribunal has awarded compensation of only Rs. 45,000/- with proportionate costs and interest at the rate of 9% p.a. from the date of petition till its realisation on account of serious injuries sustained by appellant original claimant in motor accident involving the bus driven by respondent No. 1 and belonging to respondent No. 2 Gujarat State Road Transport Corporation.2. Looking to the fact that inspite of serious injuries resulting into amputation of left leg and looking to the meagre amount awarded by the Tribunal, while issuing notice on 1st August 2006, we made it clear that the notice was being issued for final disposal and accordingly the matter has reached final hearing today.3. The Appeal has been heard for final disposal and is being disposed of by this Judgment after h...
United India Insurance Co. Ltd. Vs. Dhanlaxmiben Satishbhai Bhagat (Pa ...
Court: Gujarat
Decided on: Sep-18-2006
Reported in: 2008ACJ966
M.S. Shah, J.1. This appeal is directed against the judgment and award dated 21.12.2005 passed by the Motor Accidents Claims Tribunal (Aux.), Vadodara in the MAC, Petition No. 417 of 1996 by which the Tribunal has awarded compensation of Rs. 13,82,000 to the claimants with proportionate costs and interest at the rate of 9 per cent per annum from the date of the claim petition till realisation.2. Deceased Satishbhai Bhagat (Patel) was riding his Kinetic Honda scooter from Bodeli to Sankheda for office work on 1.3.1996 at about 12.45 p.m. At that time, Tempo insured by the appellant insurance company came from the opposite direction and in a collision between a Tempo and scooter, Satishbhai received serious head injuries. During the course of treatment, Satishbhai succumbed to the injuries and his widow and two minor children and his mother filed the claim petition and claimed compensation of Rs. 15,00,000 from the driver, owner and insurance company of Tempo.3. On the question of neglig...
Nileshkumar Mansukhlal Vyas Vs. Union of India (Uoi) and 2 ors.
Court: Gujarat
Decided on: Sep-15-2006
Reported in: (2007)2LLJ344Guj
B.J. Shethna, J.1. The petitioner was serving as TNC / PCC with respondent No. 3. He was served with the charge-sheet on 26.09.1996. The charge was serious one. It was alleged in the charge-sheet, that he committed serious misconduct by getting an appointment in Railway as TNC by adopting corrupt practice by creating fake and bogus documents with the help of one Shri Arvind Chaturvedi, Senior Clerk, DRM Office, ET Section, BVP.2. For the aforesaid charge, regular departmental inquiry was held against the petitioner. On completion of the inquiry, I.O. submitted detailed report on 19.07.1999 holding, that the charge leveled against the petitioner was proved. Relying on it, the Disciplinary Authority imposed penalty of removal from service by its order dated 29.11.1999. Against which he filed an appeal, which was dismissed by the Appellate Authority on 23.10.2001. Those orders of the removal and dismissal of appeal were challenged by the petitioner before the Central Administrative Tribun...
Nathalal Vajsinh Vs. State of Gujarat thr' Dy. Collector and Anr.
Court: Gujarat
Decided on: Sep-14-2006
Reported in: (2007)2GLR1355(GJ)
J.M. Panchal, J.1. By filing this petition under Article 226 of the Constitution, the petitioner has prayed to set aside the award dated May 4, 2005, rendered by the Special Land Acquisition Officer, Jamnagar, in Land Acquisition Case No. 9 of 2002 under Section 11(1) of the Land Acquisition Act, 1894 (the Act for short) on the ground that earlier consent award was made by the Special Land Acquisition Officer as contemplated by Section 11(2) of the Act and it could not have been treated as void ab-initio at the instance of decision dated May 2, 2005, taken at the secretariat level of the Narmada Water Resources and Water Supply Department, Government of Gujarat.2. The petitioner was the owner of land bearing Survey No. 127/2 admeasuring 19425 sq.mt. situated at village Sai Devaliya, Taluka: Bhanvad, District: Jamnagar. A proposal was received by the State Government to acquire the land of the petitioner with other lands for the public purpose of Veradi-2 Jal Sampati Yojana. On consider...
Deputy Conservator of Forest and ors. Vs. Vinodbhai Muljibhai Patel
Court: Gujarat
Decided on: Sep-13-2006
Reported in: AIR2007Guj81
R.S. Garg, J.1. The State, being aggrieved by the Judgement and Decree dated 31st August, 2004 passed in Civil Appeal No. 3 of 2004 by the learned Extra Assistant Judge, District: Sabarkantha, at Himmatnagar, decreeing the suit while setting aside the judgement and decree passed by the learned Civil Judge (S.D.), on 29th November, 2003 in Regular Civil Suit No. 5 of 1997, is before this Court.2. The appeal has been admitted for hearing the parties on 31st July, 2006 on the following substantial question of law:Whether on the facts and in the circumstances of the case, after issuance of the Notification under Section 35 of the Indian Forest Act, whether the land in dispute over which the plaintiff claims title and possession would vest free from all encumbrances in the State of Gujarat in accordance with the provisions contained in Gujarat Private Forest (Acquisition) Act, 1972 (Gujarat Act No. 14 of 1973)3. The case of the plaintiff before the learned trial Court was that in exercise o...
Gsrtc Vs. Hargovindas R. Modi and 6 ors.
Court: Gujarat
Decided on: Sep-12-2006
Reported in: 2007ACJ1198; AIR2007Guj39
Akshay H. Mehta, J.1. This group of five appeals arises from the common judgment passed by the Motor Accident Claims Tribunal, Jamnagar dated 18th August, 1982 in Motor Accident Claims Petition No. 126 of 1980 ['MACP' for short] and its allied matters. The claim petitions were filed, heard and decided under the provisions of Motor Vehicles Act, 1939. Hence, these appeals are also decided in accordance with the said provisions. The proceedings before the Tribunal arose because of the vehicular accident which occurred on 16th June, 1980 around 8:45 a.m. One bus belonging to the Gujarat State Road Transport Corporation bearing registration No. GTE 5271 carrying around 25 passengers was travelling from Dwarka to Okha. When it reached near village Majop, a tanker bearing registration No. GTB 4036 came from the opposite direction and there was a collision between these two vehicles. As a result of this collision, some of the passengers travelling in S.T. Bus received injuries and one passeng...
Commissioner of Income-tax Vs. Gaskets and Radiators Distributors
Court: Gujarat
Decided on: Sep-12-2006
Reported in: (2006)206CTR(Guj)209; [2008]296ITR440(Guj)
M.R. Shah, J.1. Mr. M.R. Bhatt, learned Counsel for the Revenue. None for the assessee though served.2. The Income Tax Appellate Tribunal, Ahmedabad Bench, 'A' has referred the following question to this Court for opinion arising out of I.T.A. No. 4487/Ahd/1992 with respect to Assessment Year 1986-87, at the instance of the Revenue;Whether on the facts and circumstances of the case and in law, the Income-tax Appellate Tribunal was right in allowing the assessee's claim regarding deduction under Section 80HHC by holding that the receipts such as interest, export incentive, octroi refund and sales in India should form part of the total profits to work out the total turn-over and qualifying profit 3. The facts in nutshell are as under;The assessee claimed deduction under Section 80HHC of Rs. 1,13,060/- considering the receipts like interest income, export incentive, sales excluding such receipts arrived at a business loss of Rs. 2,02,398/-. The Assessing Officer was of the opinion that th...
Mr. Pushkar Navnitlal Shah Vs. Mrs. Rakhi Pushkar Shah
Court: Gujarat
Decided on: Sep-12-2006
Reported in: AIR2007Guj5; (2007)1GLR859(GJ)
D.A. Mehta, J.1. This petition, though styled as a petition under Articles 226 and 227 of the Constitution of India, is in effect a petition under Article 227 of the Constitution of India. The petitioner herein is the original applicant of application exhibit 29 made in HMP No. 341 of 2005 while the respondent herein is the original opponent in the application. Hereinafter the parties shall be referred to as per their respective description in the application for the sake of convenience.2. The opponent during pendency of HMP No. 341 of 2005 moved an application for maintenance pendente lite under the provisions of Section 24 of the Hindu Marriage Act, 1955 (The Marriage Act). The applicant herein has already submitted his reply and his objections to the said application. The present application came to be moved by the petitioner-applicant under the provisions of Order XI Rule 14 of the Code of Civil Procedure, 1908 (CPC) for a direction to the opponent to produce the following five doc...
Commissioner of Income Tax Vs. Ideal Sheet Metal Stampings and Pressin ...
Court: Gujarat
Decided on: Sep-12-2006
Reported in: (2007)207CTR(Guj)173; [2007]290ITR295(Guj)
R.S. Garg, J.1. The Income Tax Appellate Tribunal, Ahmedabad Bench SB, at the instance of the Revenue, has referred the following question under Section 256(1) of the Income Tax Act, 1961 (the Act for short) to this Court for its opinion, which arises out of I.T.A. No. 1616/Ahd/1991 relating to Assessment Year 1986-87:Whether the Appellate Tribunal is right in law and on facts in the disallowance of Rs. 6,55,595/- being the amount of excise duty collected by the assessee but not paid under the provisions of Section 43B of the I.T. Act2. The short facts necessary for disposal of the present Reference are that the Assessee, who was engaged in the business of manufacture of textile machinery parts and accessories and auto spare parts, maintained mercantile system of accounting and for the Assessment Year 1986-87, the Accounting Year ended on 31st December, 1985. During the course of the assessment proceedings, the Assessing Officer noted that the Assessee had collected excise duty of Rs. ...
Vishnu Dyeing and Printing Mills (P) Ltd. Vs. Union of India (Uoi)
Court: Gujarat
Decided on: Sep-11-2006
Reported in: 2009[15]STR654
ORDERB.J. Shethna, J.1. Heard learned Counsel Shri Bharat Naik for the applicants-original petitioners.2. The present application is filed by the applicants-original petitioners in above M.C.A. for condoning the gross delay of as many as 675 days.3. The above M.C.A. is filed in above writ petition i.e. Special Civil Application No. 13706 of 2004 for reviewing and recalling the order dated 18-10-2004 passed by this Court dismissing the writ petition by a reasoned order.4. Shri Naik, learned Counsel, having practice of more than 30 years standing at the Bar, for the applicants submitted that if the Judgment of the Hon'ble Supreme Court in the matter and the facts were properly brought to the notice of this Court by the learned Counsel, who appeared for the petitioners at the time of hearing of main Special Civil Application No. 13704 of 2004, then this Court would not have dismissed the petition. He submitted that gross injustice is done to the applicants and, therefore, relying on the f...
- ‹ Prev
- 1
- 3
- Next ›
- Last »