Gujarat Court April 1994 Judgments
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Maherunisha Ahemad Khan Pathan and Ors. Vs. Employees' State Insurance ...
Court: Gujarat
Decided on: Apr-18-1994
Reported in: 1(1996)ACC519; (1994)2GLR1427
B.J. Shethna, J.1. The appellants have, challenged in this appeal the impugned judgment and order dated 13.7.1993 passed by the E.S.I. Court, Ahmedabad, dismissing the application (E.S.I.) No. 45 of 1990. Appellant No. 1 is the widow of Ahemad Khan and appellant Nos. 2 to 6 are the minor children of the deceased.2. The deceased Ahemad Khan was working as a labourer in New Manekchowk Textile Mills Ltd. On 4.4.1990 he attended the duty at 3.30 p.m. to 12 midnight. While returning from his duty in the midnight hours he was assaulted by the mob during the communal riots, which took place in Ahmedabad on that day and he was stabbed and because of that he died there and then. Ibrahim Abdulla, Exh. 12, co-worker of the deceased, was also going with him. He witnessed the incident but he managed to escape. F.I.R. was lodged on that very day of the incident by unarmed Head Constable Pandya before the police and the inquest panchnama was also prepared on that very day. Maherunisha, the widow of d...
Gujarat Working Class Union Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Apr-15-1994
Reported in: (1995)1GLR651
A.P. Ravani, J.1. The petitioner is a Union of workmen working in respondent No. 2 establishment, i.e., Gujarat Narmada Valley Fertilizers Company Limited ('GNFC for short). The petitioner challenges the legality and validity of the decision of the State Government of Gujarat not to abolish contract labour system in respect of security staff of GNFC. The petitioner also prays that direction be issued to the State Government for exercising its power under Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970, ('the Act' for short) and abolish the contract labour system in respect of security staff of GNFC. It is also prayed that the Government should direct the Company to absorb the members of the security staff as permanent workmen on abolition of contract labour system. Other incidental prayers for restraining GNFC and the labour contractor from terminating the services of the workmen have been made. It is also prayed that the Company be directed to make equal payment...
Jamnagar Municipal Corporation Vs. Vijay and Co.
Court: Gujarat
Decided on: Apr-15-1994
Reported in: (1994)2GLR1773
B.J. Shethna, J.1. The appellant Jamnagar Municipal Corporation has challenged in this appeal, the judgment and decree dated 22nd March, 1993 passed by the learned Second Joint Civil Judge (S.D.), Jamnagar in Special Civil Suit No. 163 of 1986 whereby the learned Judge decreed the suit of the respondent-plaintiff with costs and directed the appellant to pay Rs. 42,240/- with interest at the rate of 12% per annum from the date of filing of the suit till realisation.2. Mr. Nanavati, Learned Counsel appearing for the appellant, has raised only one point of limitation. He submitted that the suit of the respondent-plaintiff was admittedly time-barred as it was filed beyond the period of limitation and, therefore, the suit ought to have been dismissed by the learned trial Judge as time-barred. As against that, Mr. Kakkad, learned Advocate for the respondent submitted that though the suit was time-barred, the learned Judge condoned the delay in Application No. 100 of 1985 in filing the suit b...
Central Bank of India Vs. Recovery Mamlatdar and ors.
Court: Gujarat
Decided on: Apr-13-1994
Reported in: [1996]87CompCas284(Guj)
S.D. Shah, J.1. The Central Bank of Indian has taken out this judge's summons for issuance of a direction to respondents Nos. 1 to 4, so as not to proceed further with notice dated December 22, 1988. 2. It appears that Shree Yamuna Mills Ltd. is ordered to be wound up by the order of this court and the assets and properties of the company in liquidation are in the possession of the official liquidator. The applicant bank being the secured creditor has chosen to remain outside the winding up proceedings and has instituted Special Civil Suit No. 681 of 1989 in the court of the Civil Judge, S. D., Baroda, for recovery of the sum of Rs. 4,03,41,680.80. Since various movable and plant machinery of the said mill are hypothecated and/or mortgaged to the applicant bank, it has also prayed for a preliminary decree of redemption of the mortgage and for payment of its dues by selling all the securities. 3. It appears that the Recovery Mamlatdar has vide notice issued under the Bombay Land Revenue...
Naniben Becharbhai Vs. H.K. Dave Pvt. Ltd. and ors.
Court: Gujarat
Decided on: Apr-13-1994
Reported in: (1997)3GLR2171; (1998)IIILLJ219Guj
K.J. Vaidya, J.1. What indeed is the right, nay more than that the privilege of the workmen, regarding 'speedy justice' under the Workmen's Compensation Act, 1923 and/or under any other Labour Laws and for that purpose even further indeed what are the corresponding duties, firstly, enjoined upon the Workmen Commissioner and/or any other Labour Courts and for that purpose, in case if there is any insufficiency of number of Judges and Courts then in that case, that of, secondly, the duty of the Government also in this regard, under Article 21 of the Constitution of India to provide as many number of adequate Courts and Judges for speeding-up the proceedings before the Courts. This precisely is the principal thrust and theme of the discussion and ultimate finding to the questions raised here centering around this Civil Revision Application.2. To state few relevant facts briefly, applicant Naniben, a poor illiterate lady, aged 55 years, filed the compensation application, the same being W....
Shri Madan Mohanlalji Ni Haveli @ Moti Haveli Trust Vs. State of Gujar ...
Court: Gujarat
Decided on: Apr-13-1994
Reported in: (1995)1GLR574
A.P. Ravani, J.1. The petitioner challenges the legality and validity of order dated May 14,1992 passed by Special Land Acquisition Officer (Gujarat Housing Board), Ahmedabad under Section 30 of the Land Acquisition Act. By this order, it has been directed that the amount of compensation payable to the owner of the land pursuant to award dated February 19, 1991, in respect of land bearing Survey No. 292 of Junagadh being Final Plot Nos. 4/1, 4/2 and 4/3 be deposited with the District Court, Junagadh. The said order is passed mainly on account of the dispute as to who is the Trustee of the Trust named Shri Madan Mohanlalji ni Haveli alias Moti Haveli Trust, Junagadh. In the cause title, the petitioner is described as follows:Shri Madan Mohanlalji ni Haveli, alias Moti Haveli Trust, Junagadh bearing Registration No. 1614-A, Junagadh.Through: Acting Sole Trustee, Administrator and/or Manager Go. Shri Kishorchandraji Purushottamlalji Maharaj, Adult, Hindu, Residing at Junagadh, Moti Haveli...
Kaushiklal Nanalal Parikh and Etc. Vs. Mafatlal Industries Ltd. and or ...
Court: Gujarat
Decided on: Apr-11-1994
Reported in: AIR1995Guj115; [1995]84CompCas752(Guj); (1995)1GLR557
ORDERA.P. Ravani, J.1. Both these civil revision applications arise out of common order dated 9th September, 1988 passed by learned City Civil Court Judge in Civil Suit No. 3181 of 1987 and Civil Suit No. 3182 of 1987. By this order the learned Judge directed to frame the following issue :'Does this court have jurisdiction to try this suit?'The trial court also directed that the preliminary issue be heard first.2. Petitioners-original plaintiffs are share holders of defendant No. 1 Company. As it appears from the order of the learned trial court Judge, the case of the plaintiffs in boththe suits is described in the para 2 of the order.As regards this description, there is nodispute. Hence the relevant part is reproducedhereinbelow:'The plaintiff have filed Civil Suit No. 3181 of 1987 challenging purchase of certain equity shares of NOCIL in 1983-84, 1984-85 and 1985-86, the purchase fo certain non-convertible debentures of NOCIL in 1982-83, resolutions Nos. 11, 12 and 13 purported to h...
Duncan Agro Industries Ltd. Vs. Samabhai Tea Processors (P) Ltd.
Court: Gujarat
Decided on: Apr-08-1994
Reported in: (1995)1GLR380
K.G. Shah, J.1. This is an appeal under Section 104 read with Order 43 of the Code of Civil Procedure. It is directed against the order dated January 6, 1992, passed by the Judge, City Civil Court, Ahmedabad, on the Respondent's application Exh. 6 in Regular Civil Suit No. 5002 of 1991, for interim injunction. The Respondent before me was the plaintiff in the suit and the appellant was defendant No. 1. For the sake of convenience, I will refer to them by the position they occupied before the trial court, i.e. Respondent as 'the Plaintiff' and the appellant as 'the defendant.' 2. By the impugned order, the learned Judge has issued an interim injunction restraining the defendant from manufacturing, making and selling their tea product under the mark 'SARGAM', during the pendency of the suit. 3. The plaintiff is a company carrying on the business of blending, processing and marketing tea under different trade marks. The defendant is also a company engaged in the similar business of blendi...
H.K. Makwana Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Apr-08-1994
Reported in: (1994)2GLR1002; (1995)ILLJ801Guj
1. The only question which requires determination in this reference to the Full Bench is whether the relief undertakings carried out by the State Government to provide sustenance to the persons affected by famine, flood, earthquake or scarcity is an 'industry Common parlance reply would be : it is not an 'industry'. Still, the question is a vexed one as it is required to be dealt with after considering the definition of the work 'industry' under Section 2(j) of the Industrial Disputes Act, 1947, as interpreted by various Courts. 2. The Division Bench consisting of A. H. Ahmadi, J. (as he then was) and R. J. Shah, J., in the case of J. J. Shrimali v. District Development Officer : (1989)1GLR396 , held that when a State Government during famine and drought undertakes relief works intended to provide the much needed relief to scarcity affected people living in the affected areas, it is not embarking upon any industrial or commercial enterprise but is merely trying to fulfill its obligatio...
The Agricultural Produce Market Committee Vs. Gondal Municipality, Gon ...
Court: Gujarat
Decided on: Apr-08-1994
Reported in: AIR1995Guj143; (1995)1GLR542
ORDERD.G. Karia, J. 1. By this petition under Article 227 of the Constitution of India, the Agricultural Produce Market Committee of Gondal, which is a corporate sole under Section 10 of the Gujarat Agricultural Produce Markets Act, 1963 (for short, 'the said Act'), has challenged the levy of property tax under the provisions of the Gujarat Municipalities Act, 1963 and cess under the Gujarat Education, Cess Act, .1962 by the respondent No. 1-Gondal Municipality. The petitioner-Market Committee has prayed for appropriate writ or direction quashing and setting aside the bill -dated July 7, 1982 and notices at Annexures 'C' and 'D' and for restraining the respondents from recovering any property tax and education cess from the petitioner-Market Committee. 2. It is not in dispute that the petitioner-Market Committee has put up construction of the market, known as Sardar Patel Market, consisting of various stalls. The said market yard exists as per the notification issued by the Competent A...
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