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Hindustan Fashions Ltd. Vs. Inspecting Assistant Commissioner of Incom ...

Court : Gujarat

Reported in : (1995)117CTR(Guj)153; [1995]211ITR279(Guj)

..... - in this petition, the petitioner has challenged issuance of notices dated march 30, 1982, under section 148 of the income-tax act, 1961, calling upon the petitioner to show cause why the assessment for the assessment years 1977-78 and 1978-79 should not be reopened.the assessee manufactures textile garments for export. ..... the petitioner is challenging in this petition the said two notices on the ground that they are invalid and without jurisdiction.what is submitted by the learned advocate for the petitioner is that in this case, notices have been issued because of the change of opinion and this cannot be regarded as a case of suppression of primary material facts which would ..... and drawbacks (received)37.7824.17by stock-in-trade5.339.77in both the assessment years, namely, assessment years 1977-78 and 1978-79, the income-tax officer, following his decision for earlier assessment years of 1975-76 and 1976-77, took the stand that cash incentives and drawback should be taxed on the mercantile system. ..... accounting period and, on that basis, should have computed its total taxable income.we are, therefore, of the opinion that it was not open to the inspecting assistant commissioner to reopen the case by issuing notice under section 148 as there was no suppression or omission on the part of the petitioner to disclose truly and fully the primary material facts.we, therefore, allow this petition, quash the impugned notices and issue a writ of mandamus restraining .....

Sachin @ Devendra Gajanand Sangray Vs. State of Gujarat and Another

Court : Gujarat

..... question whether the consent obtained on the basis of promise to marry which was not acted upon, could be regarded as consent for the purpose of section 375, ipc, we have the decision of division bench of calcutta high court in jayanti ..... while we reiterate that a promise to marry without anything more will not give rise to 'misconception of fact' within the meaning of section 90, it needs to be clarified that a representation deliberately made by the accused with a view to elicit the assent of the victim without having the intention or inclination to ..... the first information report registered with the athwaline police station, surat city of the offence under section 376 of the indian penal code against the applicant-accused, and the consequential charge-sheet deserves ..... given under fear or misconception - a consent is not such a consent as is intended by any section of this code, if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows or has reason to believe, that the consent was given in consequence of such fear or misconception ..... inherent jurisdiction under section -482 ..... of contracts a consent obtained by coercion or fraud is only viodable by the party affected by it, the effect of section 90, ipc is that such consent cannot, under the criminal law, be availed of to justify what would otherwise be ..... instant case is the jurisdiction of the high court under section 482 of the cr.p.c. ..... of maharashtra (1975) mah lj .....

Shamabhai Mathurbhai Patel Vs. M.A. Panchal and anr.

Court : Gujarat

Reported in : (1979)1GLR20

..... criminal procedure.justice kapur, after referring with approval this passage from jaswantrai manila's case (supra) proceeded further to observe as under:it was also pointed out in this judgment that section 179 contains no words corresponding to the language of drug control order, 1943 which was held to be a condition precedent for instituting prosecution in the case of basdeo agarwalla v. ..... the appellant-defendant has joined the issue in the suit contending, inter alia, that under section 481(1)(h)(i) of the bombay provincial municipal corporations act, 1949, the authority can institute or prosecute suit only after obtaining the approval of the standing committee and since this was not obtained here prior to the filing of ..... read more than what the legislature has prescribed since the approval can be prior approval or post-facto approval and there is no warrant either explicit or inherent in the structure of the section to agree with the appellant that this approval should be as a matter of fact prior to the filing of the suit and, therefore, a condition precedent.6. ..... defendant did not find favour with the learned city civil judge, who, on consideration of the meaning of word, 'approval' in the relevant clause of section 481, and also on some authorities, held that this approval can be also post-facto.3. ..... and even american jurisprudence lend support to this law....the infirmity does not bear upon the jurisdiction of the trying court or the cases of action. ..... 140 of 1975 decided on july .....

Jagjivan Mulchand Chokshi Vs. Manilal Mohanlal Soni, Since Decd. Throu ...

Court : Gujarat

Reported in : AIR2005Guj293

..... as rejection of cross-objections filed by the plaintiff is concerned, there is no manner of doubt that second appeal would lie to this court as rejection of cross-objections is a decree as defined under sub-section 2 of section 2 of the code and therefore obviously second appeal would lie against the rejection of the cross-objections and therefore it has to be held that the plaintiff cannot be directed to file second appeal against the rejection ..... to the effect that even if statutory appeal or revision is open, the courts have power to exercise jurisdiction under articles 226 and 227 of the constitution of india. ..... he further submitted that thereafter the code was amended and by virtue of amendment made in section 34 of the code it is provide that whenever there is a commercial transaction in that case it is open for the courts to grant interest higher than 6% though not higher than ..... the time of admission of the appeal are not questions of law much less substantial questions of law and they are questions of facts which are not required to be gone into by this court under section 100 of the code in this appeal and therefore the appeal deserves to be dismissed. ..... of the dissolution of the firm both of them have agreed to act for goodwill and accounts as per the writing made on the same ..... who conducted the suit, vide judgment dated 29.7.1975 dismissed the suit filed by the plaintiff.3.4. ..... went in appeal before the district court, banaskantha at palanpur by filing civil appeal no.79 of 1975. .....

Vasantben Uttamgiri Goswami and Others Vs. Jyotiben Harigiri Goswami a ...

Court : Gujarat

..... this suit was instituted without any permission of the competent authority under section 51 of the bombay public trusts act, 1950 (herein after referred to as the 'trusts act for brevity) and the suit was resisted by the present petitioners on the ground of civil court having no jurisdiction to entertain the suit and adjudicate the controversy. ..... secretary, kerala state electricity board and another, respondents, reported in air 1975 s.c. pg. ..... commissioner [after making such enquiry as he thinks necessary] or two or more persons having an interest in the trust and having obtained the consent in writing of the charity commissioner as provided in section 51 may institute a suit whether contentions or not in the court within the local limits of whose jurisdiction the whole or part of the subject-matter of the trust is situate, to obtain a decree for any of the following reliefs:- (a) an order for the recovery of the possession of such ..... , mortgaged or exchanged, (g) the settlement of a scheme or variations or alterations in a scheme already settled, or (h) granting such further or other relief as the nature of the case may require: provided that no suit claiming any of the reliefs specified in this section shall be instituted in respect of any public trust except in conformity with the provisions thereof: [provided further that the charity commissioner may, instead of instituting a suit, make an application to the court for a variation or alteration in the .....

Mohanlal Jeram Mistry (Since Decd.) Through His Heirs and Lrs. Hemkunv ...

Court : Gujarat

Reported in : (1993)1GLR411

..... has raised it after service of the demand notice on the earlier occasion these are some of the questions arising in this revisional application preferred by the original tenant under section 29(2) of the bombay rents, hotel and lodging house rates control act, 1947 (the 'rent act' for brief) challenging the legality and validity of the judgment and the decree passed by the learned assistant judge of jamnagar on 21st november, 1979 in regular civil ..... tenant thereupon invoked the revisional jurisdiction of this court under section 29(2) of the rent act.3. ..... not raise again a dispute about the standard rent of the rented premises, it cannot be said that there was no dispute as to the standard rent in respect of the rented premises and the case would be governed by section 12(3)(a) of the rent act only on that ground simply because other conditions are found fulfilled for the purpose. ..... not right in coming to the conclusion that such dispute, did not exist as it was not taken in reply to the subsequent demand notice.once it is found that the case falls outside the purview of section 12(2)(a) of the rent act, it is not in dispute that the tenant is protected under section 12(3)(b) thereof in the instant case. ..... form is prescribed for raising a dispute as to the standard rent in respect of the rented premises in reply to the demand notice contemplated under the relevant provisions contained in section 12 of the rent act. ..... soni harjivan devjibhai reported in (1975) xvi glr 1002 in that .....

Gujarat Housing Board Vs. Gujarat Housing Board Employment Union

Court : Gujarat

Reported in : (2002)4GLR3150

..... mehta learned advocate appearing on behalf of the petitioner has submitted that the tribunal has no jurisdiction to pass a mandatory order against the petitioner to fill up 143 posts of sr. ..... she also submitted that the respondent-union has not produced any detail and in absence of the detail, the award passed by the tribunal is erroneous and the tribunal has committed grave jurisdictional error in directing the petitioner to fill up the said posts.4. ..... vide para 80, the majority view has been set out as under:in my opinion, it is difficult to resist the conclusion that the industrial disputes act is a special law and must prevail over the corporation act a general law, for the purpose of protecting the sanctity of transactions concluded under the former enactment. ..... bhagat ram : (1975)illj399sc , the regulations framed under the corporation act have the force of law. ..... respectfully following the earlier two decisions referred to hereinabove, we are of the opinion that the award dated 11-1-1969 under section 10a of the i.d. ..... accordingly, regulation 58, a product of the corporation act, cannot supersede the contract respecting bonus between the parties resulting from the settlement of 1974.12. ..... act appointing the age of retirement as 58, contrary to the provisions of the statutory rules appointing the age of retirement at 55, cannot be upheld and given effect to by issuing a writ for its implementation. .....

Rajendra L. Acharya Vs. State of Gujarat Through the Govt. Pleader

Court : Gujarat

Reported in : (1993)2GLR1259

..... context, the supreme court has held:once a judgment has been pronounced by a high court either in exercise of its appellate or its revisional jurisdiction, no review or revision can be entertained against that judgment as there is no provision in the code which would enable the high court to review the same or to exercise revisional jurisdiction.xxx xxx xxx the provisions of section 561a cannot be invoked for exercise of a power which is specifically prohibited by the code,it is not in dispute that ..... charge-sheet against him was filed on completion of investigation charging him with the offences punishable under sections 341 and 376 of the indian penal code, 1860 ('the i.p.c. ..... that before the apex court the impugned order passed by the high court was sought to be justified on the basis of its inherent powers under section 561a of the code of criminal procedure, 1898 ('the old cr.p.c. ..... the petitioner has moved this application under sections 439 and 482 of the code of criminal procedure, 1973 ('the new ..... aside the order of another bench on the ground of contravention of the audi alteram partem rule, another bench of this court would indirectly exercise its appellate jurisdiction over it. ..... he could have moved only under section 482 thereof for claiming the right of hearing in respect of the adverse order passed ..... case certain firms and their partners or proprietors were convicted under section 20(e) of the forward contracts (regulation) act, 1952 (act 74 of 1952) by the addl. ..... in 1975 cri .....

Principal, Sardar Patel High School and anr. Vs. Chunibhai Nathubhai R ...

Court : Gujarat

Reported in : (1993)1GLR642

..... ...under the circumstances, even though there seems to be great truth in the allegations made by the management against the applicant, as the principles of natural justice and law as prescribed under section 36(1) of the act have not been followed, this tribunal is constrained to set aside the order of termination passed by the management pursuant to the permission granted by the d.e.o.under the circumstances, even though the applicant ..... the evidence on record, the tribunal granted reinstatement and even if the order is not in accordance with law, it cannot be said that the tribunal had no jurisdiction to interfere with the order passed by the district education officer and if the action of the tribunal is within jurisdiction, it cannot be interfered with on the ground that the tribunal ought to have taken a different view or should not have granted reinstatement. ..... this petition is filed by the management through principal and manager of shri sardar patel high school, deesa against an order passed by the tribunal constituted under the gujarat secondary education act, 1972 (hereinafter referred to as 'the act') on september 24, 1982, by which the tribunal was pleased to allow the application filed by the first respondent-teacher and to direct the management to reinstate the first respondent in service by declaring the ..... question, few facts may now be stated:the respondent-teacher was appointed as a part-time teacher in the school run by gram panchayat, malan, in the year 1975. .....

Chandrakant Chimanlal Shah Vs. Chimanlal Ambalal Shah and ors.

Court : Gujarat

Reported in : (1992)2GLR1411

..... thus, when there is no specific provision on this aspect, the matter would rest on the discretion of the court as provided in section 135 of the evidence act and that discretion, obviously, has to be exercised on sound judicial principles, which, in the instant case, are reflected in the decision of this court in hiralal's case (supra). ..... in this view of the matter, it is clear that the trial court has committed an error in exercise of its jurisdiction in not issuing direction as sought for by the petitioner in his application exh. ..... the provisions of order 18 rules 1 and 2 and sections 137, 138 of the evidence act would indicate that when the plaintiff's case is fully supported by some of the defendants, these defendants are not adverse party and it would be just and proper for the court to ask them to initially cross- ..... it was observed that the courts in such cases cannot merely act as a passive agent and as a master of court proceedings, the presiding officer shall guide the trial of a suit being fully aware of the pleadings and the nature of evidence that the parties are expected to adduce before ..... under section 135 of the indian evidence act, 1872, it has been provided that the order in which witnesses are produced and examined would be regulated by the law for the time being in force relating to civil and criminal procedure respectively and in absence of ..... , (reported in ilr 1975 ap 307, 308)].5. .....