Court : Gujarat
Reported in : II(2003)DMC428; (2003)1GLR865
K.M. Mehta, J.1. Bhargavkumar Pranshanker Shukla, appellant original petitioner has filed this appeal under provisions of Section 28 of the Hindu Marriage Act, 1955, against the judgment and decree dated 6th November, 1998, passed by the learned Judge, City Civil Court, Court No. 12, Ahmedabad, in Hindu Marriage Petition No. 262 of 1992. The learned Judge by his impugned judgment pleased to dismiss the said petition of divorce filed by petitioner-husband in this behalf.2. The facts giving rise to this petition are as under :-2.1 Marriage between Bhargavkumar Pranshanker Shukla - appellant husband (original petitioner) and Chhayaben Bhargavkumar Shukla - respondent-wife (original opponent) was solemnised on 30th January, 1982, as per Hindu rites at Ahmedabad. The opponent-wife gave birth to a female child in December, 1982 whose name is 'Vaacha'.2.2 It appears that there was some difference and dispute between petitioner-husband and respondent-wife. They have also some difference and di...
Tag this Judgment!Court : Gujarat
Reported in : [2003]259ITR149(Guj)
M.S. Shah, J.1. In this petition under Article 226 of the Constitution, the petitioner has prayed for a writ, direction or order of this court quashing and setting aside the orders dated February 9, 1999, passed by the respondent-Commissioner of Income-tax, Rajkot, rejecting the petitioner's declarations under the Kar Vivad Samadhan Scheme for the assessment years 1984-85 to 1991-92 and the petitioner has also prayed for a writ to direct the respondent to accept the petitioner's declarations under the said Scheme and to pass necessary orders under the said Scheme as required by law.2. The petitioner is an individual who has landed properties and various sources of income assessable under the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), as well as under the Wealth-tax Act. The petitioner was assessed to income-tax and wealth-tax for various years and on completion of the said assessments, certain tax liabilities arose. The petitioner was unable to discharge the said tax ...
Tag this Judgment!Court : Gujarat
Reported in : [1995]95CompCas663(Guj)
..... be decided in the context of facts of that case. it also cleared that deprivation by acquisition or taking possession is different from deprivation by reference to police powers because the context of the controversy was that whether in the case of deprivation by acquisition existence of public purpose and concept of adequate compensation are implicit ..... of having a specific authority before a person can be deprived of his property on the ground of statute being for acquisition of property or for conferring police powers on the state or of beneficial or remedial character has been made in the case. the issue about deprivation of property and fulfilment of requirement of ..... natural justice in an appellate body.' 279. the aforesaid view of megarry j. was followed by the ontario high court in canada in cardinal and board of commissioners of police of city of cornwall, in re [1974] 42 dlr (3d) 323. the supreme court of new zealand in wislang v. medical practitioners disciplinary committee [1974] .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2002Guj121; (2002)1GLR58
..... omnibuses in respect of which tax has been paid has not been used or used for a period of one month on account of accident which is registered before the police or in a competent court or the government authority. the said act no. 11 is also challenged in the present petition.12. the supreme court of india dismissed the appeal .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)3GLR783
C.K. Thakker, J. (Cav.)1. All these petitions have been placed before a Larger Bench in view of an order of Reference made by our learned brother N.N. Mathur, J. on March 23, 1995. When the matters were placed for hearing before the learned single Judge, it was contended that the orders passed by different Division Benches were inconsistent and contradictory. There was also discrepancy and disagreement between Full Bench decisions. The learned single Judge felt that there was some conflict between the Full Bench Judgment, 'in order to reconcile between two Full Bench Judgments and to have a proper ratio decided to cover a field and also keeping in view of public importance of the issue', it was desirable to refer the matters to a Larger Bench. The Full Bench decisions are Gorva Vibhag Cooperative Housing Societies Association v. State of Gujarat 1992( 1) GLR 654 (First Full Bench) and H.P. Dave v. Sub-Registrar, Rajkot 1994(2) GLR 1222 (Second Full Bench). The question is what is reaso...
Tag this Judgment!Court : Gujarat
Reported in : (2000)3GLR2505
..... 93 under section 267 of the act which was served to the plaintiff on 8.11.93, calling upon the plaintiff to stop the unauthorised construction. police inspector of navrangpura police station was also requested in this behalf. despite the prohibitory order served on the plaintiff, the plaintiff continued illegal activities of unauthorised construction. it is ..... in numerous decisions has held that no consideration should be shown to the builder or any other person where construction is unauthorised. this dicta is now almost bordering the rule of law. stress was laid by the appellant and the prospective allottees of the shops to exercise judicial discretion in moulding the relief such a ..... to be visited by number of people which would lead to abnormal movement of traffic and that really causes the problems for the residents of ahmedabad. neither police is able to manage nor the corporation is able to manage in this regard.29. every year government is collecting crores of rupees by way of vehicles .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)3GLR2096
..... contention of respondents. the prosecution is launched on basis of a private complaint by d.r.i., ahmedabad. the officers of d.r.i. cannot be considered as police officers investigating f.i.r., and therefore, are not expected to record statements of witnesses, as envisaged under section 161 of the code of criminal procedure. it ..... urged before the apex court that, after seizure, the goods were sent to the superintendent, central narcotics bureau, who, as per law, being in-charge of the police station, has not affixed the seal on the articles and the samples and the whole procedure followed was illegal which entitled the appellant to be acquitted. the apex court ..... panchnama and the drawing of samples may not be doubted.8.6 regarding the quality of investigation, it was submitted that the d.r.i. officers are not police officers and cannot record statements of witnesses as contemplated under section 161 of the code of criminal procedure. all possible evidence is collected. a lapse here or there .....
Tag this Judgment!Court : Gujarat
Reported in : I(1998)DMC345; (1997)3GLR440
..... away her children. under such circumstances, any wife would take legal action against the person guilty of kidnapping or hiding her elder son. therefore, she had filed a police complaint of kidnapping against bachubhai alias krishna gopal, who is the brother of the respondent-husband. further, it cannot be said that letter ex. 83 is a got ..... examination regarding the incident, is a got up one and false. if the incident was correct, the respondent-husband ought to have given about the incident to umara police station, when the appellant-wife had given complaint exh. 90. complaint exh. 90 is about the incident of giving two slaps on the cheeks when three silver ..... the contradictory versions of the petitioner and his father the learned joint district judge has referred to the complaint exh. 90 given by the respondent-wife to umara police station. it has been recited there that the petitioner asked the respondent about three silver coins meant for pooja which were not found and at that time there .....
Tag this Judgment!Court : Gujarat
Reported in : 2000CriLJ223; I(2000)DMC213; (1999)2GLR1644
..... these allegations are even missing in the two applications dated 19.2.1992 and 11.3.1992 sent to the chief minister, home minister, other ministers and police personnel by the complainant bakulbhai and all these allegations are forthcoming in the statements of the complainant and the witnesses which are recorded belatedly between september and ..... lower eye lid- reddish colour.(ii) abrasion 1 x 1 cm. on right ear lobule reddish colour.(iii) two abrasion 1 x 1 cm on right upper border of mandible bone reddish colour.(iv) three abrasion size 3 x 3 cm below chin reddish colour.(v) abrasion of 2.5 cm x 5 cm reddish colour ..... complainant bakul addressed an application to the chief minister wherein also he reiterated same thing. pursuant to the complaint ex.24, investigation was proceeded by mr. sharma, police inspector, who recorded statement of witnesses and submitted the charge-sheet against accused no. 1 only. it may be appreciated that during his investigation against none except accused .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)3GLR92
H.K. Rathod, J.1. In Special Civil Application No.6175/1999, this Court has heard Mr.S.B.Pandit, learned advocate appearing on behalf of the petitoner - Gujarat Housing Board and Mr.R.M.Chauhan, learned AGP appearing on behalf of the respondent No.5 so also Mr.B.S.Patel, learned advocate for respondent Nos.1 to 4.This Court has also heard Mr.R.M.Chauhan, learned AGP appearing on behalf of the petitioner and Mr.B.S.Patel, learned advocate for respondent Nos.1 to 3 in Special Civil Application No.5274/1999.2. So far as Special Civil Application No.6175/1999 is concerned, this Court has issued RULE on 20th August, 1999 and also issued notice as to interim relief returnable on 16th September, 1999. However, during the interim period, by way of ad-interim relief upto 16th Sept.,1999 has stayed the operation and implementation of the impugned order at Annexure-A dated 13th January, 1999, subject to conditions that the petitioner shall not allot, dispose of or otherwise, deal with the propert...
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