Gujarat Court July 2007 Judgments
Salim Nurmohmad Haveliwala Convict Prisoner Vs. the State of Gujarat a ...
Court: Gujarat
Decided on: Jul-31-2007
Reported in: 2007CriLJ4564; (2008)1GLR604
D.H. Waghela, J.1. The petitioner-convict has, claiming benefit of the provisions of Section 428 of the Code of Criminal Procedure, 1973 (for short, the Code), prayed for calculation of his period of imprisonment from 22.03.1995 to 18.03.1997 as the period required to be set-off against the term of imprisonment to which he was sentenced after conviction in T.A.D.A. Case No. 22 of 1996.2. The simple admitted facts of the case are that the petitioner was arrested on 25.07.1994 pursuant to three cases pending against him, out of which, he was acquitted in two cases. In the first case registered as I-C.R.No. 92 of 1994, he was ordered to be released on bail on 22.03.1995. Similarly, in the second case registered as I-C.R.No. 28 of 1994, he was arrested and released on bail on the same dates. However, he continued to remain in jail pending trial pursuant to the third case registered in Gaekwad Haveli Police Station as I-C.R.No. 60 of 1994 and, in that case, he was released on bail on 19.03....
Tag this Judgment!All Gujarat Federation of Tax Consultants and ors. Vs. Union of India ...
Court: Gujarat
Decided on: Jul-30-2007
Reported in: [2008]301ITR167(Guj)
1. By this petition, the petitioner has prayed that Notification No. S.O. 762(E), dated May 14, 2007 (see [2007] 291 ITR 101), introducing new forms for the purpose of filing the tax returns be quashed and set aside and till the final disposal of this petition, the operation and implementation of the said notification be stayed and the petitioners be permitted to file their income-tax returns in the 'Saral' form, which was in force prior to the issuance of the notification dated May 14, 2007.2. The petition was listed on July 27, 2007, when this Court issued notice and directed Mr. M.R. Bhatt to appear on behalf of the Income-tax Department and collect information as to how many assessees have filed tax returns as per new return forms, till July 27, 2007. Pursuant to the above direction, Mr. M.R. Bhatt learned Counsel for the Revenue, has submitted that till July 29, 2007, about 6,77,330 taxpayers have submitted their tax returns.3. The case of the petitioner is that the new tax return...
Tag this Judgment!Haria Ginning and Pressing Factory Vs. Mamlatdar and ors.
Court: Gujarat
Decided on: Jul-30-2007
Reported in: [2007(115)FLR877]; (2007)2GLR2095; (2008)ILLJ432Guj
R.S. Garg, J.1. In each of the petitions, the petitioners, being aggrieved by the orders dated 4th July, 1997 and 8th July, 1997 passed by the Additional Labour Commissioner, Gandhidham, Kutch and the Mamlatdar respectively, asking the petitioners to pay a sum of Rs. 20,000/- for each child labour employed by them, are before this Court with a submission that the Assistant Labour Commissioner and the Mamlatdar acted absolutely illegally in issuing such directions.2. The Mamlatdar-cum-Ex Officio Labour Inspector made inspections on 2nd May, 1997 in the factory premises of the petitioners, M/s. Anjar Ginning & Pressing Company and M/s. Haria Ginning & Pressing Factory. After recording the names of as many as nine persons in Special Civil Application No. 6190 of 1997 and ten persons in Special Civil Application No. 6191 of 1997, he observed that each of the owners/management of the factories was engaging young boys below 14 years of age and as their engagement was contrary to the provisio...
Tag this Judgment!Bharatbhai Dhulabhai Patel and anr. Vs. Director and 6 ors.
Court: Gujarat
Decided on: Jul-27-2007
Reported in: AIR2007Guj185
M.S. Shah, J1. Rule. Mrs VS Pathak, learned AGP for respondent Nos. 1 to 3, Mr Tushar Mehta, learned Counsel for respondent Nos. 4, 5 and 6 and Mr Harin Raval, learned Counsel for respondent No. 7 waive service of Rule.In the facts and circumstances of the case and considering the urgency in the election matters, we have taken up the petition for final disposal today.2. The Director of Agricultural Marketing and Rural Finance issued order dated 11.5.2007 fixing the date of election to APMC, Himmatnagar. The detailed election program was thereafter issued on 15.5.2007 with the following dates for various stages of election:1.Date of announcementof elections14.05.20072.Dateon which the Authorised Officer shall issue instructions for preparation of thevoters' list14.05.20072A.Dateof communicating the names of voters to the Authorised Officer [Rule 7(1)]22.05.20073.Preparationof the provisional list of voters [Rule 7(2)]29.05.20074.Thelast date for submitting objections/ applications for a...
Tag this Judgment!Gandhi Labour Institute Vs. Vithalbhai Dayabhai Kataria
Court: Gujarat
Decided on: Jul-27-2007
Reported in: [2008(116)FLR22]; (2007)3GLR2746; (2008)ILLJ755Guj
R.S. Garg, J.1. Shri Nandish Chudgar, learned Counsel for the petitioner; Shri T.R. Mishra, learned Counsel for the respondent.2. The employer, being aggrieved by the award dated 12.12.2000 passed by the Presiding Officer, Labour Court, Ahmedabad, in Reference [LCA] No. 12/97 [old Reference [LCA] No. 248/93] is before this Court with a submission that the findings recorded by the learned Labour Court are perverse and consequently the award deserves to be quashed.3. The short facts necessary for disposal of the present writ application are that the respondent workman was employed as a Peon with the petitioner-establishment; the establishment wanted to employ some persons as Clerks, therefore, they had invited certain applications. 15 persons were taken into zone of consideration after short-listing, there was a direction to the respondent to send interview calls to each of the 15 persons by post. The allegations are that instead of mailing the post, the workman went to the houses of tho...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Nagjibhai Damjibhai Gadesara
Court: Gujarat
Decided on: Jul-26-2007
Reported in: 2009ACJ883; (2008)1GLR225
Akshay H. Mehta, J.1. This group of petitions is filed by New India Assurance Co. Ltd., essentially under Article 227 of the Constitution of India, to challenge the order passed by Motor Accident Claims Tribunal (Main), Bhavnagar, dated 24/8/2006, whereby the Tribunal has granted applications of the claimants seeking amendment in the claim petitions. The claimants have filed M.A.C. petitions under the provisions of Section 163-A of the Motor Vehicles Act, 1988 [hereinafter referred to as 'the Act'] before the M.A.C. Tribunal [Main], Bhavnagar for obtaining compensation for the death and/or injuries suffered by the victims of a vehicular accident. These applications have been given in different proceedings, but since the issue involved is common, the Tribunal decided them by passing common order, which is under challenge. Hence the petitions are heard together and now they are disposed of by this common judgment.1.1. The claimants have filed petitions wherein initially they averred that...
Tag this Judgment!Parimal Ramnath Dholakia Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Jul-26-2007
Reported in: 2007CriLJ4105; (2008)1GLR651
M.D. Shah, J.1. This appeal is directed against the judgment and order dated 24-1-1992 passed by learned Special Judge in Sessions Case No. 75 of 1989 whereby the appellant-original accused _Parimal Ramnath Dholakia was convicted for the offence under Sections 409, 477-A of the Indian Penal Code and under Section 5(2) of the Prevention of Corruption Act. He was sentenced to suffer R.I. for five years and fine of Rs.90,000/-, in default, R.I. for one year in respect of the offence under Section 409 of the Indian Penal Code. He was imposed fine of Rs.2000/-, in default R.I. for three months in respect of the offence under Section 477-A of the Indian Penal Code and in respect of the offence under Section 5(2) of the Prevention of Corruption Act, he was sentenced to suffer R.I. for two years and a fine of Rs.5000/-,in default, R.I. for six months.2. The case of the prosecution, in brief, is that the appellant was posted as a Clerk-Cum-Cashier in Bank of Baroda, Digvijay Plot Branch, Jamnag...
Tag this Judgment!Kailash Govindram Rathi and ors. Vs. the State of Gujarat and anr.
Court: Gujarat
Decided on: Jul-26-2007
Reported in: (2008)1GLR750
M.R. Shah, J.1. Mr. Adil Mirza, learned Advocate appearing on behalf of the applicants in Criminal Misc. Application No. 2026 of 2007 does not press the present application qua the applicant No.1 and restricts the application for applicant Nos. 2 and 3 only. Permission is accordingly granted.2. As common question of law and facts arise in this group of petitions, they are being disposed of by this common judgment and order.In all the cases different criminal complainants are filed with different Police Stations against the respective applicants - original accused for the offences punishable under Sections 66(b), 65(a)(e), 81, 43 read with Section 116(2) of the Bombay Prohibition Act, 1949. It is to be noted that by and large in all the cases huge quantity of English liquor has been recovered from the persons who were transporting the same from various places out of State of Gujarat to the State of Gujarat and by and large in all the cases accused who were already arrested are Drivers, ...
Tag this Judgment!Kanubhai Shamajibhai Dayani and anr. Vs. State of Gujarat and 4 ors.
Court: Gujarat
Decided on: Jul-25-2007
Reported in: (2007)3GLR2684
M.R. Shah, J.1. By way of this petition under Article 226 of the Constitution of India, the petitioners-original complainant have prayed for an appropriate Writ, direction and order directing the respondents to take immediate action on the complaint of the petitioners and proceed in accordance with the provisions of Criminal Procedure Code for registering the offence as well as making arrest of the culprits. 2. It is the contention on behalf of the respective petitioners that one Vanmalibhai Tribhuvanbhai was the owner of a parcel of land bearing Final Plot No. 116 of Katargam Town Planning scheme No. 49, who died on 13.12.2000. That Vanmlibhai was survived by his widow Savitaben and Son Champakbhai. Champakbhai released his rights from the land in question on 10.01.2003. However, Mamlatdar Surat City ordered regarding Savitaben and Champakbhai are to be continued as legal heirs of late Champakbhai on 21.04.2003. It was after the registered sale deed dated 30.01.2003, Champakbhai execu...
Tag this Judgment!i.R. Babujiwala Vs. the State of Gujarat and 3 ors.
Court: Gujarat
Decided on: Jul-25-2007
Reported in: [2007(115)FLR237]
H.K. Rathod, J.1. Rule. Service of notice of rule is waived by learned AGP Mr. Amit Patel on behalf of the respondent State Authority. In the facts and circumstances of the case and with consent of both the learned Advocates, matter is taken up for final hearing today.2. Heard learned Advocate Mr. BP Jasani for petitioner and Mr. Amit Patel, learned AGP for State Authority. 3. Proposal for obtaining NOC for the post of Vidya Sahayak was made by petitioner on 21.8.2006. The District Education Officer granted NOC for recruitment of Vidya Sahayak on 3.8.2006. Thereafter, on 28.10.2006, public advertisement was given in Sandesh Daily News Paper inviting applications. ON 5.12.2006, duly constituted selection committee selected respondent No. 4 for the post of Vidya Sahayak and on 7.12.2006, respondent No. 4 came to be appointed as Vidya Sahayak having qualification of B.Com., BP Ed and respondent No. 4 resumed duty on 12.12.2006. Thereafter, on 15.12.2006, proposal was made by the petitione...
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