Gujarat Court October 2014 Judgments
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Kosha Cubidor Containers Ltd. Vs. Deputy Commissioner of Income-tax
Court: Gujarat
Decided on: Oct-14-2014
KS Jhaveri, J. 1. Heard learned Advocates appearing for the parties. 2. By way of this Appeal, the appellant - original assessee has challenged the judgment and order of the Income Tax Appellate Tribunal, Ahmedabad Bench 'C' dated 01.06.2001 whereby the Tribunal in I.T.A. No.4114/Ahd/1995 (Asst. Year 1992-93) has dismissed the Appeal, and disallowed the deprecation which was claimed by the assessee. 3. This Court while admitting the Appeal on 05.08.2002 had framed the following issue : "Whether on the facts and circumstances of the case, the Tribunal is right in law and on facts in disallowing the assessee's claim for depreciation allowance under section 32 of the IT Act, 1961 in respect of plant and machinery used in trial production during the year?" 4. Learned Counsel for the appellant contended that the issue is squarely covered by the decision of this Court in the case of Asstt. CIT v. Ashima Syntex Ltd. [2001] 251 ITR 133/[2002] 122 Taxman 230 , which is subsequently followed in ...
Zuveriya Usmanbhai Hafezi Vs. The State Of Gujarat and Others
Court: Gujarat
Decided on: Oct-09-2014
Oral Order: Draft amendment is allowed. This writ-petition has been filed by the petitioner, who is the original complainant of FIR, being I-18 of 2014, lodged with Shahpur Police Station for the offence punishable under Sections 376 and 508 of IPC, praying for transfer of the investigation to any higher agency. The allegations as could be read from the FIR is that the accused, claiming to possess some spiritual powers, raped the petitioner on number of occasions on the false pretext of performing religious rituals. It appears that the offence, which is alleged by the petitioner herein, is said to have been committed between years 2005 - 2009. However, the FIR came to be lodged in this regard in the year 2014. The petitioner complains that the investigation, which is being carried on, is not upto the mark and is not going on in the right direction. In short, the petitioner complains of perfunctory investigation at the hands of the Investigating Officer. In such circumstances, she has p...
Imtiaz Mohmmedbhai Rana and Others Vs. Presiding Officer and Others
Court: Gujarat
Decided on: Oct-09-2014
Vijay Manohar Sahai, ACJ. 1. We have heard learned counsel Mr.Sachin Vasavada for the petitioners, learned senior counsel Mr.K.M.Patel assisted by learned advocate Mr.Varun Patel for respondent no.2, learned counsel Mr.G.M.Joshi for respondent no.4, learned counsel Mr.Rajesh Mankad for respondent no.5. Learned counsel Mr.Paritosh Calla appearing for respondent no.1 has filed sick note. Though served, respondent no.3 has not filed any appearance. 2. The brief facts are that Rashtriya Mazdoor Union raised a demand regarding the revision of wage structure, increasing dearness allowance, permanency and other incidental demands, but the main demand is 50% rise in the basic wages and the dearness allowance on line with the textile workers of Ahmedabad. The appropriate government in exercise of the powers conferred on it referred the dispute by order dated 13.5.2009 to the Industrial Tribunal Vadodara. The Union filed its statement of claim on 20.7.2009, written statement was filed by the com...
State Of Gujarat and Others Vs. Shah Dharmeshkumar Rameshchandra and A ...
Court: Gujarat
Decided on: Oct-09-2014
Cav Judgment: C.L. Soni. J, 1. This appeal under clause 15 of the Letters Patent is directed against the order dated 11.12.2008 passed by the learned Single Judge of this Court in the petition preferred by respondent No.1 under Article 226 of the Constitution of India seeking direction to the appellants to appoint the respondent No.1 on the post of peon in respondent No.2 school (original respondent No.4) on compassionate ground. 2. The learned Single Judge has held that in view of the decision of this Court dated 4.7.1992 in Special Civil Application No. 5365 of 1992 and allied matters [reported in 1993 (1) GLR page 364 in the case of Satyendrakumar Parbatsinh Zala versus Secretary, Educational Department, Gandhinagar and Others], the application of the respondent No.1 is required to be granted. The learned Single Judge, thus, directed the respondent No.2 to appoint respondent No.1 - original petitioner as peon and also to give him notional increments from 4.6.1992 i.e. from the date ...
Kutchh District Panchayat Vs. Mangalbhai K. Rabari and Another
Court: Gujarat
Decided on: Oct-08-2014
1. Heard learned counsels for the parties and perused the documents. 2. The petitioner - opponent employer in the Labour Court at Bhuj in Reference (LCD) No. 2 of 1999 has approached this Court by way of this petition, though filed under Article 226 and 227 of the Constitution of India, essentially it is under Article 227 of the Constitution of India challenging the award passed by the Labour Court dated 14/12/2004 where under the Court while allowing the reference issued direction that the workman would be entitled to receive benefits as prescribed under the Government Resolution (G.R.) dated 17/10/1988 and Rs.2000/- towards cost. 3. Facts as could be seen from the proceedings appears to be in a narrow compass. The concerned workmen were constrained to raise industrial dispute as the benefits which should have been flown to them as prescribed under the GR dated 17/10/1988 were denied to them without there being any justification on the part of the employer. The dispute was referred to...
State of Gujarat and Another Vs. V.K. Shah
Court: Gujarat
Decided on: Oct-01-2014
C.L. Soni, J. 1. The State and its authorities have filed this appeal under Clause 15 of the Letters Patent to the limited extent of challenging the judgment dated 17.12.2013 passed by the learned Single Judge insofar as the learned Single Judge has while directing the appellants to consider and grant first higher grade pay scale to the respondent, ordered to pay interest at the rate of 6% on the benefits of higher grade scale. 2. We have heard learned advocates for the parties. 3. Learned Additional Advocate General Mr. Prakash Jani appearing with learned Assistant Government Pleader Mr. Rutvij Oza submitted that the benefit of higher grade scale is not available to an employee as a matter of right. The higher grade scale is an incentive provided by the Government under the special policy on completion of particular number of years of service and on satisfying other criteria under the special policy for such benefits. Mr. Jani submitted that if there are genuine reasons for delay in r...
Manish Prakashmal Dak Vs. Vice Chancellor and Another
Court: Gujarat
Decided on: Oct-01-2014
C.L. Soni, J. 1. This appeal under Clause 15 of the Letters Patent is at the instance of the original petitioner who preferred the petition under Article 226 of the Constitution of India seeking to quash the order dated 1.4.2013 whereby his services were terminated. Learned Single Judge has observed that since during probation period, the respondent found that the performance of the appellant was not satisfactory, it passed impugned order of not extending the service beyond probation period. It is further observed by the learned Judge that the services of the petitioner have not been terminated on account of any misconduct or any guilt proved against him but since it was found that there was no improvement in the performance of the petitioner, the University took decision to relieve him from service by impugned order which was not stigmatic. 2. We have heard learned advocates for the parties. 3. Learned advocate Mr. Bhushan Oza appearing for the appellant submitted that the appellant w...
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