Gujarat Court July 1992 Judgments
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Vafati Lalmohmed and ors. Vs. Sarfunisa Abdulmajid and ors.
Court: Gujarat
Decided on: Jul-20-1992
Reported in: AIR1993Guj163
ORDERA.N. Divecha, J. 1. The decree of eviction ordered to be passed by the Appellate Bench of the Small Causes Court at Admedabad by its judgment and order passed on 31st January 1980 in Appeal No. 30 of 1977 is under challenge in this revisional application preferred by the original tenant before this Court. Thereby the Appellate Court was pleased to accept the appeal of the landlords and to set aside the judgment and the decree passed by the learned Judge of the Small Causes Court (Court No. 6) at Ahmedabad on 30th November, 1976 in H.R.P. Suit No. 3510 of 1972. Thereby the learned Trial Judge was pleased to dismiss the suit of the landlords for possession of the rented premises.2. The facts giving rise to this revisional application move in a narrow compass. The respondents are the landlord and the petitioner is the tenant in respect of the premises involved in the litigation giving rise to this revisional application. It appears that the tenant-was stated to be in possession of tw...
Kantilal Jethalal Gandhi Vs. Ghanshyam Ratilal Vyas
Court: Gujarat
Decided on: Jul-17-1992
Reported in: AIR1994Guj56; (1992)2GLR493
ORDERA.N. Divecha, J.1. The order passed by the learned Civil Judge (S.D.) at Narol on 30th June 1986 below the application at Exh. 5 in Special Civil Suit No. 43 of 1986 is under challenge in this Appeal from Order. Thereby the learned Trial Judge was pleased to reject the present appellant's application for interim injunction and to vacate the ad interim injunction granted earlier.2. The facts giving rise to this appeal from order move in a narrow compass. The present appellant claims to be a partner in a partnership firm in the name and style of Shri Nilkanth Builders (the 'firm' for convenience). It was started from 1st January 1978 and it was dissolved on 1st January 1986. Under the deed of dissolution, the present appellant claims to have acquired the right to recover the debt recoverable by the firm. It took contract to construct 12 houses on subplots Nos. 8 to 11 of one Sardar Smruti Cooperative Housing Society Ltd. (the 'Society' for convenience). The present respondent had ac...
Star of Gujarat Textile Mills Ltd. Vs. Regional P.F. Commissioner and ...
Court: Gujarat
Decided on: Jul-14-1992
Reported in: (1992)2GLR1630; (1993)ILLJ1023Guj
Sundaram, C.J.1. Rule Mr. J. D. Ajmera, learned Counsel, appears for the respondent and waives service of rule. 2. Considering the limited scope of the controversy, which we are called upon to resolve in this Special Civil Application, especially when we take note of the norms set down on the question in issue by the rulings of the Apex Court, we propose to dispose of the Special Civil Application today itself, on merits. Learned Counsel on both the sides made their submissions, on merits. 3. The proceedings, subject-matter of challenge in the Special Civil Application, is one under Section 14B of the Employees' Provident Funds & Miscellaneous Provisions Act, 1952 (hereinafter referred to as 'the Act'). By the proceedings impugned, the 1st respondent has chosen to impose 25% damages on the contributions, which were delayed for varying periods. The point that is being taken by Mr. Buch, learned Counsel for the petitioner, is that the adjudication of the question of imposition of damages...
Auto Ancil Vs. Jamnadas Vishnubhai Patel and anr.
Court: Gujarat
Decided on: Jul-14-1992
Reported in: (1993)2GLR1310
R.A. Mehta, J.1. The petitioner-Tenant has preferred this application against the order of the learned Extra Assistant Judge, Baroda, allowing the Civil Revision Application No. 38 of 1983 filed by the landlord and directing the petitioner-Tenant to pay or deposit in the Court all municipal taxes, education cess, land revenue amounting to Rs. 66,295.56 and continue to deposit municipal taxes as per the municipal bills as agreed upon by them by virtue of the agreement Clauses 4 and 5 in addition to the monthly rent of Rs. 1200/- and to that extent, the order below Ex. 19 was modified and the petitioner-Tenant was given one month's time to deposit the amount of arrears of taxes. That order was passed on March 8, 1985.2. The Learned Counsel for the petitioner submits that an order under Section 11(4) was already passed fixing the interim standard rent of Rs. 1200/-per month and thereafter another application under Section 11(4) in respect of municipal taxes was not maintainable. It is als...
Amini John C/O. Rajya General Kamgar Mandal Vs. Barofarm Chemicals Ltd ...
Court: Gujarat
Decided on: Jul-13-1992
Reported in: [1994(68)FLR325]; (1995)IIILLJ385Guj
S. Nainar Sundaram, C. J. 1. In this Special Civil Application, the challenge is to the order of the Labour Court declining to accord an interim relief while considering the question of interpretation of the Model Standing order as per Section 13-A of the Industrial Employment (Standing Orders) Act 20 of 1946 (hereinafter referred to as 'the Act') Section 13-A of the Act reads as under:'13-A. Interpretation, etc. of standing orders. If any question arises as to the application or interpretation of a standing order certified under this Act, any employer or workman (or a trade union or other representative body of the workmen) may refer the question to any one of the Labour Courts constituted under the Industrial Disputes Act, 1947 (14 of 1947), and specified for the disposal of such proceeding by the appropriate Government by notification in the Official Gazette, and the Labour Court to which the question is so referred shall, after giving the parties an opportunity of being heard, deci...
Gujarat State Road Transport Corp. Ltd. Vs. Karsandas Narsi Trambadia
Court: Gujarat
Decided on: Jul-13-1992
Reported in: (1992)2GLR1393; (1994)ILLJ40Guj
C.K. Thakkar, J. 1. This appeal is filed by the Gujarat State Road Transport Corporation ('Corporation' for short), against a decree passed by the trial Court and confirmed by the Appellate Court directing reinstatement of the plaintiff in service with full back wages.2. To appreciate the controversy in question, a few relevant facts may now be stated. The respondent is the original plaintiff and the appellant is the original defendant. The defendant is a statutory Corporation created under the Road Transport Act, 1950, and can be said to be 'State' within the meaning of Article 12 of the Constitution of India. The plaintiff was serving as a Conductor at Junagadh Depot. He was served with a charge-sheet dated August 19, 1974, inter alia, alleging therein that while he was on duty on July 4, 1974 on Manavadar-Koylana route, his bus was checked by the checking staff of the Corporation near village Mandodara and certain irregularities were found. It was alleged that 8 passengers travellin...
Gujarat State Road Transport Corpn. Vs. Kashiben deceased through LR's ...
Court: Gujarat
Decided on: Jul-13-1992
Reported in: 1993ACJ1286
S.D. Shah, J.1. Rule. Mr. K.C. Talpada appeal's and waives service of rule on behalf of respondents. With the consent of learned advocates of the parties matter is finally heard today.2. This revision is directed against the interim order passed in MACP No. 5 of 1989. Respondents before this court were the claimants in the said claim petition. In the accident that took place on 30.11.1988, one Kashiben expired and the claimants are heirs and legal representatives of deceased Kashiben. Claimants preferred application for compensation and they applied under Section 140 of Motor Vehicles Act, 1988, for interim compensation on the ground of no fault liability. The Claims Tribunal by its judgment and order, dated 20.8.1990, passed below Exh. 16, directed the Gujarat State Road Transport Corporation to deposit an amount of Rs. 25,000/-. Being aggrieved by the aforesaid judgment and order of the Tribunal the G.S.R.T.C. has preferred this revision application. Mr. Shelat, learned advocate for ...
Managing Director, Gujarat Water Resources Development Corporation Ltd ...
Court: Gujarat
Decided on: Jul-13-1992
Reported in: (1993)1GLR321
S. Nainar Sundaram, C.J.1. This Letters Patent Appeal is directed against the order of the learned single Judge in Special Civil Application No. 2098 of 1986. The respondents in the Special Civil Application are the appellants in the Letters Patent Appeal and the petitioner in the Special Civil Application is the respondents in the Letters Patent Appeal. Convenience suggests that we adopt the nomenclature assigned to the parties in the Special Civil Application while we deal with them in the course of this order of ours.2. The petitioner, who was working as a Supervisor with the respondents, was ousted from service, by proceedings dated 14-9-1984. The preceding facts can be recapitulated as follows:The petitioner worked upto 27-1-1981. From the day next onwards, he proceeded on leave, without having the same sanctioned. However, on 3-2-1981, the petitioner sent his leave report and there he indicated that he will resume work on and from 1-3-1981. No proceeding reflecting the reaction o...
United India Insurance Co. Ltd. Vs. Thakor Swarupji Dhiraji and ors.
Court: Gujarat
Decided on: Jul-10-1992
Reported in: II(1993)ACC439; 1993ACJ519; (1992)2GLR1587
B.J. Shethna, J.1. This appeal is filed by the appellant-original opponent No. 3, insurance, company, against the judgment and award dated 19.12.1981 passed by the M.A.C. Tribunal (Auxiliary), Mehsana, in M.A.C. Petition No. 160 of 1980 ordering the opponents to pay Rs. 3,750/- to the claimant with proportionate costs thereon and interest at the rate of 6 per cent per annum from the date of application on the amount of Rs. 3,750/- till payment.2. The claimant had claimed Rs. 9,999/- from the opponents. However, the learned Tribunal has awarded Rs. 3,750/- to the claimant. The claimant has accepted the award. But, the insurance company has challenged the same in this appeal.3. Mr. P.V. Nanavati, learned advocate appearing for the insurance company, has urged that under the earlier policy, Exh. 46, risk was covered from 9.4.1978 to 8.4.1979 and by policy, Exh. 47, risk was covered from 11.4.1979 to 10.4.1980 for one year. The accident took place on 9.4.1979. On that day admittedly there ...
Dr. (Mrs.) Nitaben Abhaybhai Mehta Vs. State of Gujarat
Court: Gujarat
Decided on: Jul-10-1992
Reported in: (1992)2GLR1607
ORDERS:1. The petitions succeed and they are hereby allowed.2. It is hereby ordered and directed that, in case of the arrest of the petitioners in connection with C.R. No. 290 of 1992 of Rajkot City 'C' Division Police Station, for the alleged commission of the offence punishable under Section 302 of Indian Penal Code, each of the petitioners-accused shall be released on bail in sum of Rs. 10,000/- (Rs. Ten thousand each only) and the P.B. of like amount.3. The petitioners shall report to Rajkot City 'C' Division Police Station on 11-7-1992 at about 5-00 p.m. for the purpose of interrogation by the Investigating Officer, and thereafter, shall continue to make themselves available to the Investigating Officer for further interrogation as required, and shall co-operate with the Investigation Officer in the investigation.4. It would be open to the Investigation Officer to file the application for remand if he considers it proper, and if the same is so filed, the concerned learned Magistra...
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