Court : Gujarat
Decided on : Jan-16-2002
Reported in : (2002)4GLR3734
K.M. Mehta, J.1. D. Barot-petitioner herein has filed this petition for a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, direction or Order, quashing and setting aside the impugned Order of discharge dated 13-1-1999 passed by the Special Additional Police Officer, Rajkot discharging the petitioner from service. The petitioner further prayed that this Court may direct the respondent-State of Gujarat through the Secretary, Home Department and direct the Director General of Police, Gujarat State to reinstate the petitioner with consequential benefits and back wages. He further prayed that this Court may also quash and set aside the Order dated 1-10-1999 passed by the Special Police Officer, Rajkot rejecting the representation of the petitioner. The petitioner further prayed that this Court may also direct the respondents to treat the petitioner as having been confirmed in service on 14-6-1998 when his probation period was wrongly extended for six month...
Tag this Judgment!Court : Gujarat
Decided on : Jan-31-2002
Reported in : (2002)2GLR1265
Sharad D. Dave, J.1. With the consent of the learned Advocates, the matter is heard finally.2. The original plaintiff has filed this Appeal From Order under Section 104 and Order 43 Sub-clause (r) of the Civil Procedure Code against the order of 8th Jt. Civil Judge (S.D.), Baroda passed on 7-11-2001 on Exh. 5 dated 24-10-2001.3. The brief facts leading to the filing of this A.O. are as under :The appellant had tiled Special Civil Suit No. 906 of 2001 against the respondents in the Court of 8th Jt. Civil Judge (S.D.) at Baroda on 24-10-2001 for declaration and the injunction to the effect that the Certificate of Seaworthiness obtained by respondent No. 2 was fraudulent and for an injunction restraining the respondent No. 1 from making payment to the bankers of respondent No. 2. The respondent No. 1-I.D.B.I, Bank Ltd. against whom the injunction was sought had filed its reply Exh. 12 on 2-11-2001 in the Court. The respondent No. 1-Bank which had opened a Letter of Credit (L.C.) at the in...
Tag this Judgment!Court : Gujarat
Decided on : Feb-01-2002
Reported in : 2002CriLJ4040; (2002)4GLR3165
Akshay H. Mehta, J.1. Both these appeals arise from the judgmentdelivered by the Ld. Sessions Judge, Amreli dated30/9/1992 in Sessions Case No. 38/1991. By saidjudgment original accused no. 1 - Gala Kana has beenconvicted for an offence u/S. 302 of the Indian PenalCode (for short 'IPC') and he has been sentenced tosuffer imprisonment for life. He has also been convictedfor offence u/S. 333 of the IPC for which no separatesentence has been imposed. Moreover, he has beenconvicted for the offence u/S. 135 of the Bombay PoliceAct and has been sentenced to suffer RI for three months.The substantive sentences are ordered to runconcurrently. He has, therefore, approached this Courtby filing Criminal Appeal No. 1200 of 1992.1.1. Original accused no.2 - Mitha Kanabhai has beenconvicted for offences u/Ss. 324 and 332 of the IPC readwith section 109 of the IPC and sentenced to suffer RIfor one year. However, he has been granted benefit underthe Probation of Offenders Act on the condition of givin...
Tag this Judgment!Court : Gujarat
Decided on : Mar-19-2002
Reported in : (2002)3GLR869
H.K. Rathod, J. 1. Heard Mr. S. P. Hasurkar, learned Advocate appearing on behalf of the petitioner-Board and Mr. A. K. Clerk, learned Advocate for respondent-workman. 2. The petitioner-Board has challenged the award passed by the Labour Court, Surat in Reference No. 795 of 1995 dated 3rd March, 2001, wherein the labour Court has granted reinstatement with continuity of service without back wages of the interim period. On date 7th November, 2001, this Court has issued notices to the respondent and granted ad-interim relief in terms of Para 6(B) subject to provisions of Section 17B of the Industrial Disputes Act. Thereafter, this matter is taken up for final hearing on admission stage. Hence, Rule. Learned Advocate Mr. A. K. Clerk waives service of rule on behalf of the respondent-workman. 3. Learned Advocate Mr. Hasurkar on behalf of the petitioner-Board has submitted that the labour Court has committed error in coming to the conclusion that inquiry was not initiated before terminating...
Tag this Judgment!Court : Gujarat
Decided on : Apr-11-2002
Reported in : [2002]256ITR193(Guj)
R.K. Abichandani, J. 1. This reference arises from the order of the Income-tax Appellate Tribunal, Ahmedabad 'A' Bench, passed in a group of 20 appeals related to the assessment years 1964-65 to 1969-70, 1972-73 and 1973-74, in which the controversy before us revolved around the issue as to whether the income from the lands in question was the income of the Hazarat Pir Shah-E-Alam Roza Estate Trust (hereinafter referred to as 'the Roza Trust') assessable in the hands of the said trust and exempt under Section 11 of the Income-tax Act, 1961 (hereinafter referred to as 'the said Act'), or whether it was assessable in the hands of the Sajjadanashin of the Trust Saiyed Musamiya as income from his private property.2. The Tribunal has concluded that the lands in question were wakf properties belonging to the Roza Trust, and that the exemption under Section 11 of the said Act was available to the assessee-Roza Trust, provided the conditions mentioned therein are fulfilled. It was held that th...
Tag this Judgment!Court : Gujarat
Decided on : Apr-11-2002
Reported in : (2002)175CTR(Guj)66
R.K. Abichandani, J.This reference arises from the order of the Tribunal, Ahmedabad 'A', passed in a group of 20 appeals related to the assessment years 1964-65 to 1969-70, 1972-73 and 1973-74, in which the controversy before us revolved around the issue as to whether the income from the lands in question was the income of the Hazarat Pir Shah-E-Alam Roza Estate Trust (hereinafter referred to as 'the Rosa Trust), assessable in the hands of the said trust and exempt under section 11 of the Income Tax Act. 1961 (hereinafter referred to as 'the Act) or whether it was assessable, in the hands of the Sajjadanashin of the trust Saiyed Musamiya as income from his private property. 2. The Tribunal has concluded that the lands in question were wakf properties belonging to the Roza Trust, and that the exemption under section 11 of the Act was available to the assessee-Roza Trust, provided that conditions mentioned therein are fulfilled. It was held that the actual expenditure on the Sajjadanashi...
Tag this Judgment!Court : Gujarat
Decided on : Apr-30-2002
Reported in : (2003)4GLR154
R.K. Abichandani, Adv.1. These Letters Patent Appeals have been directed against the common judgment and Order dated 1st August 1989 passed by the learned Single Judge in a group of petitions in which the petitioners had challenged the Orders of their dismissal from service passed by the respondent Surat Municipal Corporation and the decision of the Standing Committee confirming the orders. Special Civil Application No. 7110 of 1997 was filed by the Surat Municipal Employees (Staff) Union and the other petitions were filed by individual employees amongst the members of the said Union.2. Due to the outbreak of pneumonic plague in the city of Surat, the Municipal Commissioner, after getting appropriate sanction from the State Government to take special measures, gave a call through public notices to the employees of the Municipal Corporation to report for work in view of the emergency situation created by the dangerous disease and issued a warning that defaulters will be dismissed. Some ...
Tag this Judgment!Court : Gujarat
Decided on : May-06-2002
Reported in : (2002)3GLR569
J.N. Bhatt, J.1. The challenge in this petition is against the order of the Central Administrative Tribunal, Ahmedabad Bench, dated 27-4-2000 in Original Application No. 616 of 1999 whereby the application claiming the right of appointment on compassionate ground of the petitioner after the death of his father came to be rejected.2. A relevant and material conspectus of facts leading to the rise of this petition may be highlighted at the outset :(i) The father of the petitioner who was serving in Railway expired on 9-1-1985, while in service. (ii) At the time of death of father of the petitioner, the petitioner was minor as his birth date has been 11-4-1976. (iii) The petitioner attained the age of majority upon completion of 18 years, and immediately thereafter, an application for appointment on compassionate ground was filed by him on 19-7-1995. (iv) The petitioner had also personally visited the office of the D.R.M. of Railway Authority and had submitted another application on 8-10-...
Tag this Judgment!Court : Gujarat
Decided on : Oct-03-2002
Reported in : (2003)1GLR330
Y.K. Sabharwal, J.1. Deceased Raghunath Yadav was convicted and sentenced by the Sessions Court at Varanasi for the murder of father of Brijeshsinh - who is one of the absconding accused in the present case. While on bail in appeal, Raghunath Yadav, apprehending danger to his life, came to reside at Mehsana in the State of Gujarat. On 14th June, 1992, Raghunath Yadav was murdered at Mehsana.2. In TADA Case Nos. 1, 2, 3 and 7 of 1996, twelve accused were tried by the Designated Judge, Ahmedabad for offences under Sections 302, 397, 307 and 120B I.P.C. Sections 3(1), 3(3), 3(4) and 5 of the Terrorist And Disruptive Activities (Prevention) Act, 1987 (for short 'TADA Act') and under Section 25(1)(a) and (b) of the Arms Act.3. The charge-sheet against accused Nos. 1 to 3 was filed on 6th April, 1993, against accused Nos. 4 to 6 on 1st July, 1994, against accused Nos. 7 to 11 on 15th April, 1996 and against accused No. 12 on 26th November, 1996. The charges were that the accused persons and ...
Tag this Judgment!Court : Gujarat
Decided on : Sep-24-2002
Reported in : 2003(2)ARBLR259(Gujarat)
K.M. Mehta, J. 1. Aventis Pasteur S.A.--appellant--original opponent has filed this appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Arbitration Act') against the order dated 16.9.2002 passed by the learned City Civil Court, Ahmedabad in Civil Miscellaneous Application No. 499 of 2002--an Application under Section 9 of the Arbitration Act Order below Exh. 1. The learned Judge by his impugned order held that it requires proper consideration that how and when such Distribution Agreement can be terminated by either of the parties and with what effect. The learned Judge further held that till final determination and conclusion of the point raised by the petitioner--M/s. Cadila Pharmaceuticals Ltd.--original applicant (respondent in appeal) in the main petition, it would be appropriate to restrain the opponent from enforcing or implementing the termination notice dated 183.2002, the right of the petitioner to safeguard its interest in th...
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