Gujarat Court April 1978 Judgments
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H.P. Thakore Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Apr-28-1978
Reported in: (1979)0GLR109; (1979)ILLJ339Guj
Thakkar, J.1. A question of life-or-death-significance relating to service jurisprudence as to whether before imposing the economic death penalty of dismissal or removal from service a disciplinary authority is bound to apply his mind to the three vital considerations, namely, (1) as regards the nature and magnitude of the established charge, (2) as regards the desirability or otherwise of retaining the Government servant in service in the context of the charges found proved against him and (3) as to whether a penalty lesser than the extreme penalty of dismissal or removal would prove adequate, and several other questions have surfaced in this petition under Art. 226 of the Constitution of India instituted by a Talati-cum-Mantri who was dismissed from service at the conclusion of a departmental proceedings. * * * * *[His Lordship after discussing the evidence held that it was abundantly clear that the finding on the point of the guilt of the petitioner in respect of the different charg...
Chimanbhai Ashabhai Patel Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Apr-25-1978
Reported in: (1978)19GLR1067
S.H. Sheth, J.1.The dispute in this petition relates to the impending elections to Nadiad Municipality. The term of Nadiad Municipal council expired on 23rd February 1978. The Government extended its term until 23rd May 1978. In October 1977, the Collector asked the municipality to send its proposals for delimitation of wards and the number of seats to be allotted to each ward with reservation for women and members of the scheduled castes. On 24th October 1977, a meeting of the municipal council was held. It was resolved to authorise three persons to enter into consultation with the Collector and the Government and to decide de-limi lation of wards and other matters. These three persons held consultation with the Collector, In a formal letter one of the members communicated the proposals to the Collector. The proposals which these three persons made were not placed before the municipal council or before its executive committee. On 17th February 1978, the State Government issued the del...
Gujarat State Fertilizers Co. Ltd. Vs. Deepak Nitrite Ltd.
Court: Gujarat
Decided on: Apr-21-1978
Reported in: AIR1979Guj83; (1979)0GLR306
1. This appeal is directed against the order of Joint Civil Judge (S. D.) Baroda directing to file the arbitration agreement contained in the contract of supply of Dec. 16, 1970 executed by and between the parties hereto since the disputes and differences had arisen in the matter of the price of supply of liquid ammonia by the defendant-Corporation to the plaintiff-Company, and for appointment of arbitrators to arbitrate upon the said disputes, and for certain other incidental relief's in the matter. In order to appreciate the grievance of the appellant-defendant-Corporation in its proper perspective, it would be profitable to advert to a few facts which led to the suit between the parties.2. The respondent-plaintiff-Company was incorporated somewhere between June and August 1969. However, one Shri S. S. Agrawal, who happens to be the director of the plaintiff-Company, was, before the incorporation of the Company, carrying on business under the firm name and style as 'Frontier Chemical...
Gujarat Mineral Development Corporation Ltd. Vs. Varjubhai Lallubhai B ...
Court: Gujarat
Decided on: Apr-21-1978
Reported in: 1979ACJ186; AIR1979Guj26; (1979)0GLR123
P.D. Desai, J.1. The following table gives the necessary particulars regarding this group of appeals:-No. of Description No. of Claim in Awarded Insurance Claim in Cross-obj- Name ofAppeal of the M.A.C M.A.C. amount Co.'sliability Appeal jections deceased Appelant Appln. Application to satisfy claim injured personthe award therein Rs. Rs. Rs. Rs. Rs.F.A. No. Owner of 22/73 16,000/- 11,100/- 4,200/- 11,100/- 4,200/- by Vangaria371/74 The vehile Insu. Co. Varjubhai(deceased)Rs.5,000/-byClaimantsF.A.No. -do- 60/73 20,000/- 14,800/- 5,880/- 14,800/- 5,880/- by Jagalia372/74 Insu. Co. Bide Bhill(injuredperson)F.A.No. -do- 61/73 12,000/- 10,120/- 5,880/- 10,120/- 5,880/- by Ditia373/74 Insu. Co. Bhilia Bhil(injuredperson)2. On March 10, 1972 a dumper bearing No. GT. 5223 owned by the appellant and driven by respondent No. 3 in First Appeal No. 371: of 1974 and respondent No. 2 in the other two First Appeals met with an accident at about 5.30 P. M. on the road leading from Amba Dunger to Kadi...
Suhrid Geigy Ltd., Baroda Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Apr-20-1978
Reported in: [1979(38)FLR100]; (1978)0GLR963; (1979)ILLJ311Guj
B.J. Divan, C.J.1. The petitioner herein is a Limited Company and has its Registered Office at Ahmedabad. The petitioner is engaged in the business of manufacturing filaments, dyes and chemicals. The company has got two factories, one at Wadi Wadi locality in Baroda District. The petitioner-company is governed by the provisions of the Factories Act, 1948, and holds a valid license for running the factories issued under the Factories Act separately for the two factories. Under the Factories Act provisions have been made for leave with wages to which every workman is entitled. The Factories Act, 1948, has been amended by the Factories (Amendment) Act, 1976, which came into force on and from October 26, 1976. Section 79 of the Act as it stood prior to the amendment provided for annual leave with wages. Under sub-s. (1) of S. 79, every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed, during the subsequent year leave with wages for...
Bhaskarbhai Khandubhai Desa Vs. Remanial Nathubhai Patel and ors.
Court: Gujarat
Decided on: Apr-18-1978
Reported in: AIR1978Guj158
P.D. Desai, J.1-2. xxxxxxxx 3.. The claimant-appellant is the injured person and the claim for compensation atom out of an accident which occurred on Oct 10, 1974 at about 5 or 5-30 P. M. or, National Highway No. 8 near the spot where the road from village chalthan meets the Highway. The appellant, aged about 12 or 13 at the material time was residing at village Kadodra with his maternal uncle. Village Chalthan is at a distance of about of 3 furlongs from village Kadodra. There is a High School in village Chalthan and the appellant was studying in the said High School. On the day in question he was returning from the High School and going to his maternal uncle's house at village Kadodra. He was in the company of about 6 or 7 school mates. A truck bearing No. GTG 8706 owned by the first respondent and driven by the second respondent came from behind and knocked down the, appellant. it appears that at the spot of the accident there was a mile-stone and that the appellants legs, were crus...
Chairman, Sarvajanik Education Society and ors. Vs. Jashvantrai Gulabr ...
Court: Gujarat
Decided on: Apr-18-1978
Reported in: (1978)19GLR1058
S.H. Sheth, J.1. Sarvajanik Education Society of Surat is petitioner 2 its Chairman is petitioner I and the Head Master V.T. Choksi, Haripura Sarvajanik High School, Surat, is petitioner 3. Respondent I is a teacher employed by petitioner 2 Society (hereinafter referred to as 'the Society'). Respondent 2 is the District Education Officer, Surat. The society is running a number of schools in the city of Surat. Respondent 1 has been serving as a teacher in the Society's Haripura school. Kadiwada school is also run by the society. On 4th July 1975 the society made an order transferring respondent I from Haripura school to Kadiwada school. Respondent I challenged that order before the Tribunal constituted under Gujarat Secondary Education Act, 1972. It was application No. 345 of 1975. He challenged the transfer order on the ground that after the enactment of Gujarat Secondary Education Act, 1972 every school is a, separate entity and is governed by Regulations made under Section 54 of the ...
Pardi Nagar Panchayat Vs. Khandubhai Dahyabhai Desai
Court: Gujarat
Decided on: Apr-18-1978
Reported in: (1978)19GLR869
B.J. Divan, C.J.1. The appellant herein is the original defendant and the respondent is the original plaintiff. The suit out of which this Second Appeal arises was filed by the plaintiff in the Court of the learned Civil Judge (Junior Division), Pardi on December 10, 1970. The plaintiff had filed the suit for a declaration that he is the owner of the land bearing Gamthan No. 459 situated within the local limits of defendant Nagar Panchayat, namely, the Pardi Nagar Panchayat, and he is also the owner of the well in the said plot of land and the Bhinda trees grown on the said land. He sought for a permanent injunction restraining the defendant Nagar Panchayat from disturbing him either directly or through some one less, in his possession of the suit lands. It is the case of the plaintiff as set out in bearing Survey No. 100 admeasuring 1 acre and 8 gunthas. This is an agricultural plot of land. Just touching this Survey No. 100 and to the East of the field, there is a small plot admeasur...
Khusmanben Bankulal and anr. Vs. Babubhai Rangildas and ors.
Court: Gujarat
Decided on: Apr-17-1978
Reported in: AIR1979Guj25; (1978)GLR1019
1. to 7. x x x x 8. Mr. Trivedi then urged that the said agreement in so far as it restricted the transfer absolutely and stagnated the flow of the property was void on two grounds. He firstly stated that the mother had no authority to bind her son. The mother was the natural guardian, but when the defendant No. 2 had become major, he chose not to challenge this understanding between the parties. It cannot be disputed that even when one of the co-parceners is a minor, joint family property can be partitioned. If the minor has got any grievance, it would be perfectly open to him to get that partition reopened by alleging fraud or unconscionable character of the partition. Nothing of the sort had been done by the defendant No. 2 on attaining majority long ago. As a matter of fact, till the suit came to be filed in the year 1968, he had sat with folded hands. This issue is picked up by him only with a view to see that the plaintiff's suit is frustrated on any plausible legal plea. The jud...
Ahmedabad Municipal Corporation and anr. Vs. Aminabibi and ors.
Court: Gujarat
Decided on: Apr-17-1978
Reported in: 1979CriLJ622
P.D. Desai, J.1. This appeal under Section 110-D of the Motor Vehicles Act, 1939 preferred by the Ahmedabad Municipal Corporation and its Transport Manager (original opponents Nos. 1 and 2) is directed against the award dated Sept. 3, 1973, made by the Motor Accident Claims Tribunal 1-A, Ahmedabad (hereinafter referred to as 'the Tribunal') in Motor Accident Claims Tribunal No. l-A/5 of 1973. Under the impugned award, respondents Nos. 1 and 4 to 7 (original applicants Nos. 1 and 4 to 7) have been held entitled to compensation in the sum of Rs. 49,500/- with interest thereon at the rate of 6% per annum from the date of the application till payment or realization. The said respondents were also held entitled to full costs of the claim application. Three out of the respondents, namely, respondents Nos. 5, 6 and 7 being minors, a sum of Rs. 21,000/- out of the awarded amount (Rs. 7000/- for each minor) was directed to be invested in the names of the minors in Government securities or in fi...
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