Gujarat Court January 2007 Judgments
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Shree Sonal Gum Industries and ors. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Jan-17-2007
Reported in: (2007)3GLR2749
D.H. Waghela, J.1. In these three petitions with the same parties, provisions of Section 482 of the Criminal Procedure Code, 1973 (for short, 'the Code') are invoked for the relief of quashment of three criminal cases being Criminal Case Nos. 261, 262 and 263 of 1988 pending in the Court of learned Addl. Chief Metropolitan Magistrate, Ahmedabad against the petitioners for the alleged offences punishable under Section 276B read with Section 278B of the Income-Tax Act, 1961.1.1. It was fairly conceded that cumulative interest payable under Section 201(1A) for all the years involved in respect of the deductions at source under Sections 192 to 195 of the Income Tax Act, was less than Rs. 10,000/- and the tax along with interest was already paid to the credit of the Central Government by the petitioners. In such set of facts, the instruction No. 5051 issued on 7-2-1991 by the Central Board of Direct Taxes would squarely apply in the facts of the case, and in compliance thereof, prosecution ...
Valiben Wd/O Shakarabhai Alias Shankersing Virabhai and 2 ors. Vs. Sta ...
Court: Gujarat
Decided on: Jan-16-2007
Reported in: (2007)2GLR1278
Jayant Patel, J.1. The short facts of the case are that as per the petitioners, petitioner Nos. 1 & 2 are the owners of the land bearing Survey No. 622 admeasuring 16390 sq.mtr. & land bearing Survey No. 503 admeasuring 15985 sq. mtr. 503 at village Ishanpur in Ahmedabad district. As the Urban Land(Ceiling and Regulation) Act, 1976 (hereinafter referred to as 'the ULC Act'), came into force, the petitioner Nos. 1 & 2 filed separate forms under Section 6 of the Act and as per the petitioners, their shares in the land bearing Survey No. 622 inter alia with the other land were declared. On 05.10.1989, the petitioner Nos.1 & 2 entered into an Agreement with petitioner No. 3 which is a Cooperative Housing Society for purchase of the land. As per the petitioners, an application for exemption was made under Section 20 of the ULC Act on 07.10.1989. However on 02/22.11.1989, the order came to be passed by the ULC Authority under the ULC Act for declaring 50% of the land bearing Survey No. 622 a...
ishwarbhai Mohanbhai Rathod Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jan-16-2007
Reported in: (2007)2GLR1762
D.H. Waghela, J.1. Both the Revision Applications are challenging the same order dated 30-9-1998 of the learned Special Judge (Atrocity Court), Ahmedabad (Rural) whereby application Exh. 31 of the accused persons, joined as opponents herein, was allowed and they were discharged on the ground of lack of sanction as provided under Section 197 of the Criminal Procedure Code, 1973 (for short, 'the Code').2. There was no dispute about the fact that a complaint for the offences punishable under Sections 3(1)(8)(9)(10) and Sections 3(2) and 7 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the Act'), as also offences punishable under Sections 323, 338, 342, 367 and 368 of I.P.C. was made in the Court on 22-8-1994. The complainant was examined in the Court on 26-8-1994 and an enquiry under Section 202 of the Code was ordered to be conducted by the Court. After the enquiry into the said complaint registered as Inquiry Case No. 13 of 1994, the learn...
Bhandari Products, a Proprietory Concern Vs. Giriraj Enterprises and a ...
Court: Gujarat
Decided on: Jan-15-2007
Reported in: (2007)3GLR2427; LC2007(2)116; 2008(36)PTC558(Guj)
K.M. Mehta, J.1. M/s. Bhandari Products, petitioner, original defendant No. 1, has filed this petition under Article 227 of the Constitution of India with a prayer that this Court may issue writ of certiorari or any other appropriate writ, order or direction quashing and setting aside the impugned judgement and order below Chamber Summons Application Exh. 55 in Regular Civil Suit No. 988 of 2005 passed by the learned Judge, Court No. 9, City Civil Court, Ahmedabad, on 27.11.2006 and further prayed that this Court may dismiss the amendment application at Exh. 55 in the Suit which has been filed by the original plaintiff.1.1 This petition was filed on 18.12.2006. The matter was placed for hearing on 22.12.2006 and thereafter on 26.12.2006 and also on 27.12.2006. Thereafter, the matter has been placed for hearing today. I have heard Mr. Jasani, learned advocate for the petitioner. I have also heard Mr. Y.J. Trivedi, learned advocate, on behalf of the respondent No. 1.2. The facts giving r...
National Builders Vs. State of Gujarat and 3 ors.
Court: Gujarat
Decided on: Jan-15-2007
Reported in: (2007)3GLR2449
R.S. Garg, J.1. Present writ application has been filed by National Builders, a partnership firm, which is carrying on business of construction etc. The petition originally filed as on 20.11.91 prayed for the following reliefs:[A] to command the Government of Gujarat to refund to the petitioners the amount of Rs. 62,98,231/- recovered from the petitioners as royalty on minor minerals excavated and removed by the the petitioners from the land bearing survey Nos. 4 and 5 of village Nani Khavadi District Jamnagar with interest at 21% per annum from the respective dates of recoveries of the amounts till payment.[B] to restrain pending the hearing and final disposal of this petition the Government of Gujarat, its officers and servants including the 4th respondent from demanding or recovering from the petitioners any amount of royalty on any minor mineral excavated and removed by the petitioners from the lands bearing survey Nos. 4 and 5 of village Nani Khavadi, District Jamnagar or any amou...
Mahendra Oil Cake Industries Pvt. Ltd. Vs. Wankaner Municipality
Court: Gujarat
Decided on: Jan-12-2007
Reported in: (2007)3GLR2625
R.S. Garg, J.1. The appellants, being aggrieved by the Judgment and Decree dated 24th July, 1992 passed in Regular Civil Appeal No. 15 of 1985 by the learned 2nd Extra Assistant Judge, Morvi (District: Rajkot), reversing the Judgment and Decree dated 23rd January, 1985 passed in Regular Civil Suit No. 75 of 1980 by the learned Civil Judge (S.D.), Wankaner, who, in his turn, has decreed the suit, have filed this appeal under Section 100 of the Code of Civil Procedure, 1908.2. The appeal has been admitted for hearing the parties on the following substantial questions of law:(1) Whether the suit is barred by limitation as provided by Section 153 of the Gujarat Municipalities Act?(2) Whether the Civil Court has no jurisdiction to try this suit?(3) Whether the suit is not maintainable?(4) Whether the demand notice dated 11-1-1980 is ultra vires and illegal?3. The short facts necessary for disposal of the present appeal are that the plaintiffs had filed Regular Civil Suit No. 75 of 1980, see...
Surat Municipal Corporation Vs. Babubhai Zaverbhai Patel
Court: Gujarat
Decided on: Jan-11-2007
Reported in: (2007)2GLR2298
R.S. Garg, J.1. Shri K.D. Pandya under the authority of Shri P.G. Desai, learned Counsel for the appellant. None for the respondent though served.2. The appellant being aggrieved by the judgment and decree dated 24.11.87 passed by 2nd Joint District Judge, Surat in Regular Civil Appeal No. 54 of 1984, confirming the judgment and decree dated 18th August, 1983 passed by learned Joint Civil Judge [Junior Division] Surat in Regular Civil Suit No. 595 of 1979 decreeing the plaintiff's suit, is before this Court, submitting, inter alia, that the two courts below did not properly appreciate the provisions of Sections 254, 260 and 478 of the Bombay Provincial Municipal Corporations Act, 1949.3. Short facts necessary for proper disposal of the matter are that the present appellant's officer, on inspection, found that the respondent, an occupant in the premises was making a new construction of 6'x 4.8' on Otta [outer platform of house] and the said construction was without any permission from t...
Bhagwanbhai M. Patel Vs. General Manager (Operation) Resume, State Ban ...
Court: Gujarat
Decided on: Jan-11-2007
Reported in: (2007)3GLR2292
M.R. Shah, J.1. By way of this petition under Article 226 of the Constitution of India, the petitioner who was at the relevant time serving as a Branch Manager of the State Bank of India has prayed for an appropriate writ, direction and/or order quashing and setting aside the inquiry report as well as the final order passed by the disciplinary authority dated 27-3-1993 by which on conclusion of the inquiry and having found all the charges proved against the petitioner, the petitioner came to be dismissed from service.2. The facts leading to the present Special Civil Application in nutshell are that at the relevant time, petitioner was serving as a Branch Manager of State Bank of India at Mathak branch, Tal. Dhrangadhra, Dist. Surendranagar. A departmental inquiry was initiated against the petitioner and the Inquiry Officer was appointed and the petitioner was charge-sheeted and the articles of charges are : '(i) Misuse of official position for personal gain or benefit to third parties,...
Shree Janta Sahakari Mandli Ltd. Vs. the State of Gujarat and anr.
Court: Gujarat
Decided on: Jan-11-2007
Reported in: (2007)2GLR1818
Ravi R. Tripathi, J.1. Leave to amend the prayer clause. 2. The present Criminal Revision Application is filed against an order passed by the learned Judicial Magistrate, First Class, Dholka, below application under Section 169 of the Code of Criminal Procedure on 19.10.2006, whereby the learned JM(FC) was pleased to accept the report and was pleased to dismiss the complaint. The learned JM(FC), Dholka was also pleased to order that the accused be released forthwith.3. Mr. Oza, learned advocate appearing with Mr. Dipak R. Dave for the applicant-complainant invited attention of the Court to order passed on 13.10.2006 in Special Criminal Application No. 1645 of 2006 by this Court (Coram: S.R. Brahmbhatt, J.), the relevant part of which reads as under:4. Looking to the progress made in the investigation and keeping the observation of this Court in case of Noormohmed Jamalbhai Latiwala v. State of Gujatat reported in 2004 (2) G.L.H. 355, this Court is also of the view that, let the investi...
ismail @ Usman Kalu Pathan Vs. State of Gujarat
Court: Gujarat
Decided on: Jan-11-2007
Reported in: (2007)2GLR2238
M.D. Shah, J.1. This appeal instituted under Section 374(2) of the Criminal Procedure Code, 1973 is against the judgment dated 23rd March, 1989 delivered by the learned Special Judge, Surat in Special Case No. 28 of 1989 by which the appellant Ismail alias Usman Kalu Pathan is convicted of the offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of Rs. 500/- in default, to undergo further simple imprisonment for two months. However, the appellant was acquitted of the offence punishable under Section 3(1)(10)(11)(12) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,1989. It may be stated that the learned Judge has directed that the sentence imposed on the appellant shall run concurrently and the appellant shall be entitled to the benefit of set off.2. The brief facts of the prosecution case emerging from the record are as under:The complainant Bhanaji Makanjibhai is residing at village ...
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