Gujarat Court July 1996 Judgments
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New Commercial Mills Co. Ltd. and anr. Vs. Union of India (Uoi) and or ...
Court: Gujarat
Decided on: Jul-31-1996
Reported in: (1998)IIILLJ334Guj
S.K. Keshote, J.1. The petitioner, New Commercial Mills Company Ltd. Ahmedabad challenges by this Sp. Civil Application the order of the respondent No. 2., Regional Provident Fund Commissioner, Gujarat State, at Ahmedabad dated March 8, 1982, Annexure 'A' made under Section 14-B of the Employees' Provident Funds & Miscellaneous Provisions Act, 1952, (hereinafter referred to as 'the Act, 1952') ordered therein to recover by way of penalty the damages to the extent of 100% or delayed payment of contribution to the fund. The damages ordered to be recovered is to the tune of Rs. 9,51,650/-. The delayed payment has been made by the petitioner of the provident fund contribution including family pension fund contribution for the months of May, June, July and August 1980 which is the subject matter of the consideration by the Regional Provident Fund Commissioner under the impugned order. The learned Counsel for the petitioner does not dispute that the Regional Provident Fund Commissioner has t...
Ramakant Govind Nadkarni Vs. Dinsha Navrojji Mandhora and ors.
Court: Gujarat
Decided on: Jul-31-1996
Reported in: (1996)3GLR465
J.N. Bhatt, J.1. Whether the petitioner-tenant is entitled to protection of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bombay Rent Act) or not is the main question which has arisen for examination and adjudication in this revision petition under Section 29(2) of the Bombay Rent Act. Interpretation and applicability of the provisions of Sections 12(3)(a) and 12(3)(b) of the Bombay Rent Act is involved in this petition.2. The petitioner is the original defendant-tenant in respect of residential premise bearing Municipal No. 1297 situated in Bazar Road, in Bilimora town which is hereinafter referred to as the 'demise premises'. The respondents are the owners of the demise premises and they are the original plaintiffs who initiated legal battle by filing Regular Civil Suit No. 53 of 1974 in the Court of Civil Judge (J.D.), Gandevi against the petitioner-tenant for possession on the ground of arrears of rent for more than six months. The demise premises were let by a...
Ongc Vs. Vinakapur @ Vinodkumari and ors.
Court: Gujarat
Decided on: Jul-30-1996
Reported in: 2(1996)ACC435
N.J. Pandya, J.1. With the consent of the parties, the matter is taken up for final hearing when on earlier occasion, Civil Application No. 5996/96 in this First Appeal was filed forgetting some amount released in favour of the claimants-respondents.2. The appellant ONGC is strenuously contending that the widow of the deceased Vinakapur @ Vinakumari having been employed with the Corporation because of untimely death of her husband, she cannot claim any dependency benefits nor can she come out with a case that she was dependent on her husband's income and, therefore, she should be awarded compensation under the Law of Torts.3. However, firstly it may be noted that the Corporation has not come out with a detailed contentions in this regard in its written statement. May be because of the fact that her appointment followed the said unfortunate incident and by that time written statement is filed. Assuming that this plea is taken in the written statement and supporting material sought to be...
Oil and Natural Gas Commission Vs. Vina Kapur Alias Vina Kumari and or ...
Court: Gujarat
Decided on: Jul-30-1996
Reported in: 1997ACJ1430
N.J. Pandya, J.1. With the consent of the parties, the matter is taken up for final hearing when on earlier occasion, Civil Application No. 5996 of 1996 in this first appeal was filed for getting some amount released in favour of the claimants-respondents.2. The appellant O.N.G.C. is strenuously contending that the widow of the deceased Vina Kapur alias Vina Kumari having been employed with the Corporation because of untimely death of her husband, she cannot claim any dependency benefits nor can she come out with a case that she was dependent on her husband's income and, therefore, she should be awarded compensation under the law of Torts.3. However, firstly it may be noted that the Corporation has not come out with a detailed contention in this regard in its written statement. May be because of the fact that her appointment followed the said unfortunate incident and by that time written statement was filed. Assuming that this plea is taken in the written statement and supporting mater...
Himatlal Dalpatram Nimbark Vs. Deputy District Development Officer and ...
Court: Gujarat
Decided on: Jul-30-1996
Reported in: (1997)1GLR500
S.K. Keshote, J.1. Heard learned Counsel for the petitioner. The petitioner, who was working as Talati-cum-Mantri in the office of District Panchayat, Amreli, was ordered to be dismissed from services on the grounds of misconduct of temporary misappropriation of money.2. The said dismissal order has been passed on 6-8-1982 after holding a full-fledged departmental inquiry against the petitioner. The petitioner filed appeal against the aforesaid order made by the Deputy District Development Officer, District Panchayat, Amreli, and that appeal has also been dismissed by the District Development Officer, Amreli. The petitioner has taken up the matter by filing Appeal No. 342 of 1983 before the Gujarat Civil Services Tribunal at Gandhinagar and the Tribunal, under its order dated 9-11-1983, so far as the merits of the case are concerned, has held against the petitioner, but the penalty of dismissal was ordered to be substituted by penalty of compulsory retirement from the service. Hence, t...
Rajendra J. Damani Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jul-26-1996
Reported in: (1997)3GLR2536
M.S. Parikh, J.1. In both these petitions under Article 226 of the Constitution of India the petitioner has prayed for quashing and setting aside respectively the complaint Criminal Case No. Section G(DD) C/No. 544 dated 12-12-1995 C.R. - 3072 of 1995 and Section K(DD) C/No. 265 dated 26-10-1995 C.R. - 2683 of 1995 under Sections 420, 467, 468 and 471 of the Indian Penal Code (for short 'I.P.C.'), which were filed in the concerned Court of Chief Metropolitan Magistrate at Calcutta in connection with the agreement alleged to have been forged/fabricated in the city of Ahmedabad, which agreement would read as under:This Agreement entered into between M/s. Plywood and Timber Products Agencies, Zone 3/21, Sardar Patel Municipal Timber Market, Behind Gitamandir Lati Bazar, Ahmedabad, hereinafter referred to as 'first party' and Mr. Rajendra Jivanlal Damani (hereinafter referred to as 'second party').The first party is also having and doing works for other firms known as 1. Sharda Plywood Ind...
Shankerlal Nagardas Patel Vs. Taluka Development Officer
Court: Gujarat
Decided on: Jul-26-1996
Reported in: (1997)1GLR793
S.K. Keshote, J.1. Heard learned Counsels for the parties. The petitioner, a primary school teacher in village Dalod, Taluka Viramgam, Dist. Ahmedabad, by filing this Special Civil Application before this Court, challenged therein the legality of the order dated 19th July 1984, Annexure 'A', of Taluka Development Officer, under which his pay was reduced from Rs. 560/- to Rs. 540/- from 1-1-1984.2. The petitioner was given selection grade from 1-1-1974 and he continued to enjoy this selection grade till the order dated 19th July 1984 has been made. The petitioner's pay has been reduced from 1-1-1984 on the ground that he was reverted from 1-1-1975 and as such he was not entitled to get selection grade from 1-1-1974 and his entitlement in the said scale will be from 1-1-1984.3. The learned Counsel for the petitioner made two-fold contentions in this Special Civil Application. Firstly, he has contended that the order dated 19th July 1984 has been made by the respondent without giving any ...
United India Insurance Co. Ltd. Vs. Abubakar Umar Samthania
Court: Gujarat
Decided on: Jul-25-1996
Reported in: (1997)1GLR346
N.J. Pandya, J.1. The appellant is the original defendant of the Special Civil Suit No. 82 of 1993 of the Court of Civil Judge (S.D.), Jamnagar. The suit was filed for getting claim under policy of insurance. The policy was a marine policy which covered the risk of a ship known as M.S.V. Safina Anware Mehboob bearing registration No. BDI 800. The policy was taken on or about 14-5-1986 and the vessel was covered for Rs. 9,50,000/-.2. On or about 17-5-1986 the vessel sunk near the coast of Oman and the crew landed on the shore. No life was lost but the vessel in which they were sailing was lost for ever.3. As they did not have any papers, police of that country arrested them and took them into custody and finally with the intervention of representative of this country, they could manage to come back to India. The claim is for the said entire amount and the learned trial Judge by his judgment and decree passed on 29-2-1996 has been pleased to allow the suit in its entirety and has also aw...
Dhanlaxmiben D/O. Chaturbhai Muljibhai Suthar Vs. Hasumiya Akbarmiya M ...
Court: Gujarat
Decided on: Jul-25-1996
Reported in: (1998)1GLR705
J.N. Bhatt, J.1. What is the real purport, interpretation and then application of the provisions of Sections 32G(4), 32H and 63A(3) of the Bombay Tenancy and Agricultural Lands Act, 1948 ('Bombay Tenancy Act' for short) is the issue to be resolved in this petition under Articles 226 and 227 of the Constitution of India.2. The petitioner has questioned the legality and validity of the order passed by the Deputy Secretary, Revenue Department, Government of Gujarat in not considering the review application filed by the petitioner by his order dated 8-11-1993.3. One Chaturbhai Muljibhai purchased land bearing survey number 703 situated in the sim of village Kalsar, District Kheda ('disputed land' for short). It was purchased by registered sale deed for Rs. 3,000/-. Name of Chaturbhai was mutated in the record of rights. Upon death of Chaturbhai, the disputed land came to be inherited by Chandanben Chaturbhai, Amratlal Chaturbhai and the present petitioner Dhanlaxmiben.4. Name of the first ...
Ravji Kala (Decd.) Through His Heir Batuk Ravji Vs. State of Gujarat
Court: Gujarat
Decided on: Jul-25-1996
Reported in: (1997)1GLR80
Y.B. Bhatt, J.1. This is an appeal under Section 54 of the Land Acquisition Act read with Section 96 of C.P.C. filed by the original claimant in a Reference under Section 18 of the Land Acquisition Act.2. The Reference Court, while dealing with the merits of the Reference under Section 18 of the said Act, dismissed the Reference as being time-barred. The undisputed and undisputable facts are that the award passed by the Land Acquisition Officer under Section 11 of the said Act is dated 12th February, 1972. The applicant obtained the certified copy of the award on 5th May, 1972. The Reference under Section 18 was tiled on 26th December, 1986, i.e., more than 14 years later. There was no application for condonation of delay filed either before the Collector, or before the Reference Court.3. It is, therefore, obvious that the Reference is clearly barred by limitation by virtue of proviso to Sub-section (2) of Section 18 of the said Act, no matter whether Clause (a) or Clause (b) of the sa...
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