Gujarat Court December 2010 Judgments
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Union of India Vs. Ghanshyam Salt Works.
Court: Gujarat
Decided on: Dec-14-2010
ORAL ORDERList has been revised twice. Learned advocate Mr.D.A.Thaker for appellants is not present. However, learned advocate Mr.R.C.Jani for respondent is present. Notice remained unserved for respondent No.1.The matter is under Central Excise and Salt Act,1948. The amount involved in this second appeal is around Rs.5000/-.This being an old matter of the year 1983 and meagre amount is involved, therefore, present second appeal is dismissed in default in absence of learned advocate Mr.D.A.Thaker....
Rajendrasinh @ Lalo Mangalsinh Gohil Vs. State of Gujarat
Court: Gujarat
Decided on: Dec-14-2010
ORAL ORDER1. This application is filed under Section 439 of the Code of Criminal Procedure in connection with first information report registered being CR No.I 143 of 2010 with Chhani Police Station, for the offences punishable under Sections 146, 147, 148, 149, 307, 325, 324, 323, 342, 427, 294-B, 212 and 188 of the Indian Penal Code.Heard learned APP for the respondent State.2. Having heard learned counsel for the parties and perusing the record of the case and considering the allegations vis-a-vis, the injuries and scuffle took place during the election, I am inclined to enlarge the applicants on bail.4. In the facts and circumstances of the case, the application is allowed and the applicants are ordered to be released on bail in connection with first information report registered being C.R. No.I- 143 of 2010 with Chhani Police Station, on executing bond of Rs. 5,000/- (Rupees Five thousand only) each with one surety each of the like amount to the satisfaction of the trial Court and...
Rajubhai Parbatbhai Vaghela Vs. State of Gujarat.
Court: Gujarat
Decided on: Dec-14-2010
ORAL ORDER1. Rule. Learned A.P.P. Mr.Desai wavies service of Rule on behalf of the respondent-State.2. Heard learned counsel Mr.R.R. Patel for the applicant and learned A.P.P. Mr.Desai for the State.3. Considering the averments made in the application and since the applicant has already undergone three years sentence, out of five years' R.I. imposed under Sections 372 and 114 of IPC, the Record and Proceedings of Sessions Case No.5 of 2006 pending before the Additional Sessions Judge, FTC No.1, Patan be called for so as to reach this Court on or before 11.12.2008. The main matter be listed on final hearing board on 15.12.2008.4. With this observation, the application is disposed of. Rule is discharged....
Amarkumar Keshavlal Brahbhatt Vs. State of Gujarat Through Secretary.
Court: Gujarat
Decided on: Dec-14-2010
ORAL ORDER1. Heard learned Advocate Mr.Amrut N.Patel for the petitioner.2. Learned Advocate for the petitioner submitted that the Hon'ble Gujarat Revenue Tribunal has committed an error in passing an order in two Revision Applications being TEN/BA/427/2005 and TEN/BA/457/2005 dated 21.08.2008.2.1 Learned Advocate for the petitioner submitted that the petitioner has purchased the land from the original land owner of the land, viz. Chimanlal Keshavlal Pandya, who expired and his heirs are before the Hon'ble Revenue Tribunal by filing Revision Application No.TEN/BA/457/2005 and the present petitioner has also filed Revision Application No.TEN/BA/427/2005, as he is having interest in the land.3. Perused the judgment and order passed by the Hon'ble Revenue Tribunal in both the Revision Applications.3.1 The Hon'ble Revenue Tribunal has consciously taken into consideration the fact that the matters are required to be heard together as parties are common.4. On perusal of the judgment and order...
Oriental Insurance Company Ltd Vs. Safeek Allarakha Mahida
Court: Gujarat
Decided on: Dec-14-2010
ORAL ORDER1.0 Heard. This is an appeal by the Insurance Company challenging the award under Section 140 of the Motor Vehicles Act, 1988. Obviously, this award is in the nature of an interim award which is subject to adjustment against the award which may be passed in the main claim petition. Therefore, considering the overall facts and circumstances of the case, I am of the view that interest of justice would be met by passing the following order:2.0 The entire awarded amount shall be invested in the name of the Nazir of the Tribunal with a Nationalized Bank initially for a period of three years and on maturity shall be renewed by one year at a time without any further orders in this regard till the disposal of the the main claim petition. The Fixed Deposit Receipt shall be kept with the Nazir of the Tribunal. The quarterly interest that may be accrued on the said deposit shall be paid to the original claimants.3.0 If ultimately the claimant succeeds in the main claim petition, the sai...
State of Gujarat Vs. Gordhanbhai Bhikhabhai Findoliya .
Court: Gujarat
Decided on: Dec-14-2010
ORAL ORDER1. The State has preferred this application seeking leave to appeal against acquittal recorded by Special Court (Amreli) in Special Case (ACB) No.5 of 2003 decided by judgment and order dated 20.5.2010.2. The prosecution has failed to establish with cogent evidence the second demand and acceptance of the money by way of bribe and the trial Court, therefore, recorded acquittal.3. Having examined the evidence of the witnesses with the help of the learned APP, we find that the panch witness does not depose about any demand least a demand for illegal gratification. This Court, therefore, would not interfere with the judgment and order recording acquittal of the respondent in exercise of appellate jurisdiction.4. Under the circumstances, leave to appeal is refused. The application stands disposed of accordingly. The appeal is dismissed as a consequence....
Fajalhusen Kurbanhusen Rangwala Vs. Maheshbhai Ramanlal Tolat.
Court: Gujarat
Decided on: Dec-14-2010
ORAL ORDER1. By this Civil Application serious grievances are made with regard to induction of stranger in the suit property. This Court on 7/5/2008 granted interim relief in Civil Revision Application No. 87 of 2008, whereby earlier order of maintaining status-quo was continued till final disposal of the petition. By way of this Civil Application, as it is stated herein above, grievance is made that the stranger is inducted in the premises. It is further stated that earlier there was no electricity connection and now as could be seen from the averments provisionally electricity connection is obtained in somebody else's name and renovation work is going on. Thus even the order of status-quo granted earlier is not complied with by the civil revision applicant. Status-quo order can not utilise for usurping stranger so as to create new equities.2. Ms. Kapadia for the opponents seeks time for filing appropriate reply. The record and documents produced in this application indicate that the ...
Suthar Shambhubhai Bechharbhai Vs. Vimla Gouri
Court: Gujarat
Decided on: Dec-14-2010
ORAL ORDER1. Heard learned advocate Mr.N.K.Majmudar for appellants and learned advocate Mr.S.S.Shevade for respondent No.2.2. Considering the averments made in Civil Application No.8871 of 1997 by third party Mr.Keshalbhai C. Patel, who has purchased the property in the year 1984 from respondent Bai Vimalgauri W/o Hariprasad Hemchandbhai Soni by regular sale deed dated 31.3.1984 registered at Dholka Sub-Registry office the same day at Serial No.459. The said deed duly registered was received by applicant from the said office last week. Therefore, both the house and adjoining lands are in possession of the third party since the date of purchase.3. In light of aforesaid subsequent development, as referred above, present Second Appeal is disposed of....
Vasuben Champaklal Patel Vs. Anilbhai Ranchhodbhai Patel.
Court: Gujarat
Decided on: Dec-14-2010
ORAL ORDEROn 10th July, 2002, special leave was granted and appeal was admitted by this Court. Record & Proceedings also called for. Matter was listed for final hearing. On 7th July, 2010, this Court has passed following order."Mr.D.K. Desai, learned counsel for the respondent no.1, states that Mr.Mukesh D. Raval, learned counsel for the appellant, has joined services in Sachivalaya, Gandhinagar. Hence, office is directed to issue Notice, returnable on 21st July 2010, to the appellant".Notice was issued to the appellant but it could not be served. The Board shows that appellant is not found at the given address. None is appearing on behalf of the appellant and even fresh address is also not produced. The matter is of the year 2002 and it appears that appellant has not shown any interest in the matter. Hence, present appeal deserves to be dismissed and accordingly it is dismissed....
Ganesh Housing Corporation Ltd Vs. Deputy Commissioner of Income-tax.
Court: Gujarat
Decided on: Dec-14-2010
ORAL ORDER1. Heard Mr.R.K.Patel, learned advocate for the petitioner.2. Attention is invited to the annexure to the notice under section 142(1) of the Income Tax Act, 1961, more particularly to item 14 thereof, whereby the Assessing Officer has called upon the petitioner to substantiate its claim of Rs.2,83,81,688/- for deduction under section 80IA(4)(iii) of the Act. Referring to the assessment order in relation to assessment year 2005-06 and more particularly paragraph 3 thereof, it is pointed out that the Assessing Officer had applied his mind to the said deduction and had thereafter allowed the same. It is submitted that in the circumstances, the assessment is sought to be reopened on a mere change of opinion.3. Having regard to the aforesaid, Issue Notice returnable on 17^th January, 2010. By way of ad-interim relief, the respondent is restrained from enforcing compliance of the impugned notice dated 01.10.2009, at Annexure "D" to the petition. Direct Service is permitted....
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