Gujarat Court January 1996 Judgments
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Lalji Bhikha Gajera Vs. Executive Engineer, Gujarat Electricity Board ...
Court: Gujarat
Decided on: Jan-22-1996
Reported in: II(1996)ACC269; 1997ACJ9; (1996)2GLR762; (1997)ILLJ80Guj
N.J. Pandya, J. 1. Admit. Mr. Sanjiv Dave for Mr. Rajesh Dave waives service for respondent No. 2. Miss S. B. Trivedi waives service for respondents No. 1 & 3. 2. This appeal arises out of a judgment given in Workmen's Compensation case No. 111 of 1992 (Non-fatal), old number being 88 of 1990 when the commissioner under Workmen's Compensation Act, Junagadh passed order on December 7, 1995. 3. The application for compensation came to be dismissed on the ground that the application has been filed by a person who claims to be the guardian and though Rule provides for the power to the Commissioner to appoint a guardian, no such permission is asked by the applicant and the Learned Judge has observed that the only permission obtained is to present the application. 4. A copy of application Ex.5 submitted before the trial court is produced at page 1. There, it is clearly mentioned that the original claimant Laljibhai Bhikhabhai Gareja is rendered immobile on account of total paralysis and is, ...
United India Insurance Co. Ltd. Vs. Balubhai Limjibhai Patel and ors.
Court: Gujarat
Decided on: Jan-22-1996
Reported in: 1997ACJ1201; AIR1997Guj78
ORDERS.D. Shah, J.1. This civil revision application is filed by the Insurance Company against the judgment and order of Motor Accident -Claims Tribunal, whereby on an application made under S. 140 of the Motor Vehicles Act, 1988 at Exhibit 14 in Motor Accident Claim Petition No. 226 of 1992, the Tribunal has by judgment and decree dated 14th of July, 1995, directed the opponent to pay jointly and severally a sum of Rs. 50,000/- by way of an interim compensation based on 'no fault liability' with 15 per cent interest per annum from the date of the application till payment.2. At the hearing of this petition, it was submitted before this Court by Mr. P. V. Nanavati learned counsel appearing for the Insurance Company that the accident has admittedly taken place on 11th of March, 1992 and in such accident Shuntilal Lalubhai Patel expired. The heirs and legal representatives of said Shantilal Lalubhai Patel thereupon instituted the Motor Accident Claim Petition No. 226 of 1992. On the date ...
Naga Raja Vs. State of Gujarat
Court: Gujarat
Decided on: Jan-22-1996
Reported in: (1996)2GLR750
K.J. Vaidya, J.1. Rule. Mr. J.A. Shelat, learned A.P.P. waives service of Rule. Heard the learned Advocates appearing for the respective parties.2. Naga Raja and Vikram Raja by this Misc. Criminal Application under Section 389 of the Code of Criminal Procedure, 1973, have moved this Court inter alia praying for releasing them on temporary bail for 20 days on the ground of marriage of Savdhiben (daughter of Nagaraja). 3. In support of this application, the petitioners have annexed marriage invitation card, wherein it is stated that the marriage is to take place on Saturday, 27th January, 1996 at Jetpur.4. Now, so far as the question of temporary bail is concerned, this Court (Coram: K.J. Vaidya & M.H. Kadri, JJ.) in Misc. Criminal Application No. 318 of 1996 in Criminal Appeal No. 424 of 1992, decided on 19-1-1996, has already taken a view that ordinarily unless some genuine indispensable ground is made out and that too further if there is no serious antecedents or any other adverse jai...
The State of Gujarat Vs. Inayathusen Mahmadmiya
Court: Gujarat
Decided on: Jan-19-1996
Reported in: 1996CriLJ3225
A.N. Divecha, J.1. The judgment and order of acquittal passed by the learned Additional Sessions Judge of Mehsana on 23rd August 1984 in Sessions Case No. 25 of 1984 is under challenge in this appeal at the instance of the prosecution. Thereby the learned trial Judge has acquitted the respondent herein (the original accused) of the charge of commission of the offences punishable under Sections 363, 366-A and 376 of the IPC, 1860 (the IPC for brief).2. The facts giving rise to this appeal move in a narrow compass. It is the case of the prosecution that one girl by the name of Hemlata was taken away by the accused on 12th August 1983 from the lawful guardianship of her grandfather. She was below the age of 18 at the relevant time. She was carried to different places like Himatnagar, Ambaji, Palanpur, Ajmer and Sidhpur. She was subjected to rape in the course of their journey to all these places. It appears that the grandfather of the girl gave his complaint on 13th August 1983 charging t...
Prabhakar J. Badheka and anr. Vs. J.K. Modi and ors.
Court: Gujarat
Decided on: Jan-19-1996
Reported in: (1997)1GLR527
S.K. Keshote, J.1. Heard learned Counsels for the parties. Challenge in this writ petition has been made by the petitioners to the order dated 8-2-1983 of the Tribunal constituted under the Gujarat Secondary Education Act, 1972 made in Application No. 291 of 1982. In Application No. 291 of 1982, the petitioners have challenged the appointment of respondent No. 2 on the post of Head Master of Shree S.V. Virani High School at Rajkot. The facts relevant in this writ petition are briefly stated. The Head Master of the school retired on 21-11-1980 on reaching the age of superannuation. To fill up that post, the management of the school invited applications from the persons who worked as Secondary Teachers as well as from experienced Higher Secondary Teachers. In response to the said advertisement, number of applications including that of respondent No. 2 have been received. The Selection Committee has interviewed and found respondent No. 2 as meritorious to be appointed to the post of Head ...
Agricultural Produce Market Committee Vs. Rajkot Municipal Corporation
Court: Gujarat
Decided on: Jan-19-1996
Reported in: (1996)3GLR338
M.S. Shah, J.1. This petition under Article 226 of the Constitution is filed by the Agricultural Produce Market Committee, Rajkot challenging the bill dated 17-9-1982 issued by Rajkot Municipal Corporation for levy and demanding property tax, education cess and conservancy tax from the petitioner. The aforesaid bill dated 17-9-1982 (Annexure A to the petition) is in respect of the financial year 1981-82. It is pertinent to note that this very petitioner had earlier filed Special Civil Application No. 752 of 1980, against the same respondent for a declaration that the education cess is not leviable on the properties of the petitioner within the limits of the respondent-Corporation and for a writ quashing the action of the respondent-Corporation in levying the education cess on the said properties.2. When the present petition came up for hearing, this Court passed the following order on 2-11-1982:Rule insofar as the petition relates to properties belonging to the Committee and solely use...
Pratapsinh Bhimsing Parmar Vs. State of Gujarat
Court: Gujarat
Decided on: Jan-19-1996
Reported in: (1996)3GLR514
D.G. Karia, J.1. Rule. Mr. K.P. Raval, learned Addl. Public Prosecutor, waives service of Rule on behalf of the respondent.2. The petitioner, who is the original accused in Sessions Case No. 114 of 1986 of the Sessions Court, Bharuch, and at present the appellant of Criminal Appeal No. 115 of 1988, pending in this Court, has prayed for necessary permission under Section 320(5) of the Code of Criminal Procedure to compound the offence, as provided in Section 320(4)(b) of the Code, as the same is in the interest of the parties.3. The petitioner-accused was tried for the offence punishable under Section 302 of the Indian Penal Code in the aforesaid Sessions Case by the Court of the Addl. Sessions Judge at Bharuch. The prosecution case is that the incident took place on March 17, 1986 between 2-00 to 3-00 p.m. in the sim of village Vedach and in the said incident, the deceased, Jatashankar Ravishankar, was alleged to be given stick blows by the accused. It is the further case of the prosec...
State of Gujarat and anr. Vs. Pravinkumar Samjibhai Patel and ors.
Court: Gujarat
Decided on: Jan-19-1996
Reported in: (1996)2GLR764
R.R. Jain, J.1. A synopsis presented by the Bar Association of Morbi to this High Court has been treated as an application for Criminal Contempt against the respondents as they have made allegations, in judicial proceedings, against the learned Civil Judge (S.D.), Morbi and Judicial Magistrate, First Class, Malia. 2. On perusal, prima facie, it transpired that respondents attempted to scandalise Court and, therefore, suo motu action had been initiated under the Contempt of Courts Act, 1971 (hereinafter referred to as 'the Act' for the sake of convenience and brevity).3. In this matter, in all there are 12 respondents. Initially, when the matter was placed for first orders, while admitting notice was also issued against some of the respondents, who, in response thereof, appeared through their respective Advocates and filed affidavit-in-reply.In order to appreciate the nature of allegations made against the judicial officer, it will be worthwhile to have a look at the past litigation whe...
Shantilal Manilal Modi Vs. the Gujarat State Road Transport Corporatio ...
Court: Gujarat
Decided on: Jan-18-1996
Reported in: (1996)2GLR561
S.K. Keshote, J.1. Heard the learned Counsel for the parties. The petitioner who was holding the post of driver in the Corporation filed this petition before this Court challenging the order dated 14.7.1983 passed by the appellate authority in the matter of disciplinary proceeding. The petitioner was assigned duty to take a party in a bus of the Corporation from Ahmedabad to Dhandhuka on 12.2.1981 and to bring it back to Ahmedabad. The petitioner has taken the party from Ahmedabad to Dhanduka and after dropping the party at a destination he had not taken party back to Ahmedabad. It was considered to be serious misconduct and a charge-sheet was given to the petitioner bearing No. 1554 of 1981. The petitioner thereafter submitted before the authority that he suddenly fell ill and as such he was not in a position to take party back to Ahmedabad. The enquiry was conducted in the matter by the inquiry officer and the charges were found proved against the petitioner. After the enquiry report...
M.G. Chudasma Vs. D.J. Biswas, Managing Director, Central Fisheries Co ...
Court: Gujarat
Decided on: Jan-18-1996
Reported in: (1996)IILLJ1114Guj
M.S. Shah, J.1. The petitioner was initially employed by the Central Fisheries Corporation Ltd., Howrah (hereinafter referred to as the Fisheries Corporation) on July 3, 1967. The post held by the petitioner came to be upgraded to that of Inspector on June 1, 1969, It appears that on March 25, 1982 the Fisheries Corporation sent notice to the petitioner under Section 25FFA of the Industrial Disputes Act, 1947 (hereinafter referred to as the I.D.Act) expressing the intention of the management of the Fisheries Corporation to close down the undertaking with effect from May 31, 1982. On May 31, 1982 the Fisheries Corporation sent order of termination dated May31, 1982 informing the petitioner that the services of the petitioner stood terminated with effect from May 31, 1982. Alongwith the said order of termination, the Fisheries Corporation sent a Demand Draft for Rs. 27,031.05 Ps. with the break-up mentioned below:(a) Salary for the month of May 1982 (upto May 31,1982)Rs. 1,281.66(b) One ...
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