FA/5186/2001 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 5186 of 2001 For Approval and Signature: HONOURABLE MR.JUSTICE BHAGWATI PRASAD HONOURABLE MR.JUSTICE S.R.BRAHMBHATT ========================================= = 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================= = VIJAYKUMAR BHARATKUMAR AGRAWAL Versus VITTHALA KODARBHAI NINAMA DELETED AS PER COURT ORDER AND OTHERS ========================================= =Appearance : MR MTM HAKIM for the Appellant DELETED for Defendant(s) : 1, NOTICE SERVED for Defendant(s) : 2, MR VASANT S SHAH for Defendant(s) : 3, ========================================= = CORAM : HONOURABLE MR.JUSTICE BHAGWATI PRASAD and HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 12/08/2008 ORAL JUDGMENT FA/5186/2001 2/2 JUDGMENT (Per : HONOURABLE MR.JUSTICE BHAGWATI PRASAD) Heard the learned counsel for the parties. The Tribunal while computing the income has considered the net income, which is payable. This transpires that this is not correct approach of the Tribunal. It should have considered gross income. It is directed that the Tribunal will modify the award considering the gross income. For the purpose of calculation, the matter is remitted to the Tribunal and fresh award be drawn in accordance with law considering the gross income to be the base of award. The appeal is disposed of. Record and proceedings be sent back to the court below immediately. (BHAGWATI PRASAD,J.) (S.R.BRAHMBHATT, J.) omkar