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Gujarat Court November 1996 Judgments

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Nov 06 1996

Slm Maneklal Industries Ltd. Vs. Regional Provident Fund Commissioner

Court: Gujarat

Decided on: Nov-06-1996

Reported in: (1997)1GLR224; (1997)IILLJ283Guj

N.N. Mathur, J. 1. This petition under Article 226 of the Constitution of India is directed against the notice dated July 28, 1995 issued by the Regional Provident Fund Commissioner and also further apprehended prospective action in purported exercise of power under the provisions of Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the Act of 1952') for recovery of arrears of Provident Fund and allied dues of the petitioner-Company. The petitioner-Company is a sick industrial undertaking within the meaning of Section 3(i)(b) of the Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter referred to as 'the Act of 1985 '). The say of the petitioner-Company is that the Board for Industrial and Financial Reconstruction (hereinafter referred to as 'BIFR') by an order dated July 26, 1991 under the provisions of Section 28(3) of the Act of 1985 has declared that the operation of the contract, awards, standing orders or other instructi...


Nov 06 1996

Upendrasinh Achalsinh Rajput and ors. Vs. State of Gujarat and ors.

Court: Gujarat

Decided on: Nov-06-1996

Reported in: I(1998)DMC76; (1997)1GLR504

S.D. Pandit, J.1. Rule. The accused Nos. 1 to 6 in Criminal Case No. 18 of 1996 on the file of the learned Metropolitan Magistrate of Court No. 11, Ahmedabad have filed the present petition under Section 482 of the Code of Criminal Procedure to quash the said prosecution. The marriage between the petitioner Upendrasinh. A. Rajput and respondent No. 4 Manishaben took place as per Hindu religious rites on 23.5.1994. Thereafter, she joined the petitioner Upendrasinh Rajput at his house at Baroda and was dwelling with him till August 19, 1994. During this period, she has also conceived a child, but it is her claim that she was treated with cruelty by making dowry demand. Consequently she filed criminal cases bearing Nos. 151 of 1994 & 152 of 1994 for the offences punishable under Sections 403, 406 and 114 and offence punishable under Section 498-A of the I.P.C. and dowry case against her husband and his relatives in the Court of Metropolitan Magistrate, Court No. 11, Ahmedabad. In these ca...


Nov 06 1996

Yakub Ahmed Vali Patel Vs. Divisional Controller, Gujarat State Road T ...

Court: Gujarat

Decided on: Nov-06-1996

Reported in: (1997)3GLR2380

J.N. Bhatt, J.1. Rule. Service of Rule is waived by Mr. H.S. Munshaw for the employer-Corporation and by Mr. H.K. Rathod for employee.2. Since both these petitions arise out of one and common award, upon request they are being disposed of simultaneously.3. Gujarat State Road Transport Corporation as an employer and disciplinary authority recorded an order of dismissal of services against the workman-conductor by holding a departmental inquiry on the charge of financial irregularities, misappropriation by non-issuance of requisite tickets to the passengers, in connection with an incident which occurred on 19th October, 1984 when the S.T. bus was en route to Dahod from Surat. The dismissal order was recorded on 10-5-1985 which was challenged by the employee-conductor by filing first appeal before the competent authority of the department which came to be rejected. Second appeal was also filed by the workman before the competent authority of the department which was partly allowed, quashi...


Nov 06 1996

Rambhai Joitaram Patel Vs. State of Gujarat

Court: Gujarat

Decided on: Nov-06-1996

Reported in: (1997)1GLR339

ORDER13. Mr. P.K. Jani, learned Advocate appearing for respondent No. 3 submits that order may not be given effect to for a period of two weeks. This prayer is being opposed by Mr. B.A. Vaishnav, learned Advocate for the petitioner. He submits that the term of the Panchayat is expiring shortly and if the order is not given effect to, he will be deprived of the fruits of the order.Considering the fact that the petitioner is already out of office for a considerable period, this order will not be given effect upto 19th November, 1996....


Nov 05 1996

Salimbhai Hasanbhai Saleji Vs. State of Gujarat and ors.

Court: Gujarat

Decided on: Nov-05-1996

Reported in: (1997)3GLR1903

M.R. Calla, J.1. This Special Civil Application is directed against the order dated 11-7-1996 passed by the District Magistrate, Valsad detaining the petitioner under the provisions of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980. The detention order was executed on 11-7-1996 itself and since then the petitioner is under detention lodged at Bhuj Special Jail, Bhuj.2. The present Special Civil Application was filed in this Court on 12-8-1996 and on 13-8-1996 Rule returnable for 10th September, 1996 was issued and an affidavit-in-reply has been filed by the Detaining Authority, i.e., District Magistrate, Valsad and an affidavit-in-reply has also been filed by Shri K.S. Vaghela, Under Secretary to the Government of Gujarat, Food and Civil Supplies Department, Gandhinagar. Besides this a counter-affidavit dated 6-9-1996 has also been filed on behalf of the Union of India.3. The grounds enclosed with the detention order show that the petitioner was found to...


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