Gujarat Court January 1997 Judgments
Karodiben and ors. Vs. Rajubhai Mahendrasingh and ors.
Court: Gujarat
Decided on: Jan-24-1997
Reported in: I(1998)DMC580; (1997)3GLR480
R.M. Doshit, J.1. The petitioners herein are the mother and the two minor sons who have claimed maintenance under Section 125 of the Criminal Procedure Code against the step-sons of the petitioner No.l.2. Petitioners preferred Criminal Misc. Application No. 199 of 1988 before the learned Metropolitan Magistrate, Ahmedabad under Section 125 of the Code and claimed monthly maintenance of Rs. 500/- for each of them. Learned Metropolitan Magistrate under his judgment and order dated 8th October, 1991 partially allowed the said application and awarded a monthly maintenance of Rs. 100/- to each of the petitioners. Feeling aggrieved, the respondent preferred Criminal Revision Application No. 298 of 1991 before the learned Sessions Judge, Ahmedabad. The learned Sessions Judge, Ahmedabad, under his judgment and order dated 13.2.1992 allowed the application and quashed and set aside the judgment and order of the learned Magistrate. Feeling aggrieved, the petitioners have preferred this revision ...
Tag this Judgment!State of Gujarat Vs. Sudhir Mehta
Court: Gujarat
Decided on: Jan-24-1997
Reported in: 1997CriLJ3442; (1998)1GLR560
K.J. Vaidya, J.1. Here is a case which demonstrates how indeed the Legislative letter, spirit, intent and the object underlying the Factory Act, 1948 can be flouted and thrown to the winds to the greatest disadvantage of helpless workers and that too not only by the employer, but also by the learned Magistrate who disposed of the case in the most unbecoming and chevalier fashion rediculting the labour justice!! These observations stand unquestionably necessitated in the nausialing background of the facts-situation narrated hereunder:2. According to Mr. S.A. Solanki, the Factory Inspector, Adipur-Kutch, when he visited the factory of 'Milton Pvt. Ltd. at Gandhidham, on 21-9-1985, he noticed that there were 1083 women workers working therein, out of which, some had small children below the age of 6 years. According to the Factory Inspector, at the relevant time, one Shri Sudhir Mehta was the Manager of the, said 'Milton Pvt. Ltd. which had contravened the provisions contained in Sections...
Tag this Judgment!Shobhanaben H. Patel Vs. Harshadbhai Ratilal Patel and anr.
Court: Gujarat
Decided on: Jan-22-1997
Reported in: I(1998)DMC106; (1997)3GLR505
R.M. Doshit, J.1. Petitioner herein is the estranged wife of respondent No. 1 who filed Criminal Miscellaneous Application No. 77 of 1989 before the learned Metropolitan Magistrate, Ahmedabad and claimed a monthly maintenance of Rs. 500/- for herself and Rs. 400/- for each of the minor children from respondent No. 1 under Section 125 of the Criminal Procedure Code, 1973. The learned Magistrate, under his judgment and order dated 19th October, 1991, awarded monthly maintenance of Rs. 350/- to each of the minor children. However/rejected the petitioner's application for maintenance. Feeling aggrieved, the petitioner preferred Criminal Revision Application No. 329 of 1991 before the learned Additional Sessions Judge, Ahmedabad who, under his judgment and order dated 10th March, 1992, rejected the same. Feeling aggrieved, the petitioner has preferred this petition under Article 227 of the Constitution of India.2. While considering the petitioner's claim for maintenance, the learned Magistr...
Tag this Judgment!Jyoti Electric Motors Ltd. Vs. Workmen Through Kheda Jilla Factory Kam ...
Court: Gujarat
Decided on: Jan-21-1997
Reported in: (1997)2GLR1614
S.K. Keshote, J.1.Heard learned Counsel for the petitioner and perused the Special Civil Application.On an industrial dispute raised by the respondent No. 1, the State Government made a reference for adjudication thereof to the Industrial Tribunal, Gujarat, at Ahmedabad. The reference was 'The workers should be paid full pay for the period of lock-out from 12-9-1977 to 20-11-1977'. The workmen have gone on strike from 7-9-1977 in connection with demand for the bonus. The Tribunal has held that the strike of the workmen was illegal. The Tribunal has further held that since the strike is illegal, the lock-out declared in consequence of it is not illegal as per Section 24(3) of the Industrial Disputes Act, 1947. The Tribunal has further held that lock-out from 12-9-1977 to 20-11-1977 is not illegal. After giving this finding, the Tribunal has made award whereunder the petitioner-management has been directed to pay 50% wages to the workmen including staff members for the period of lock-out...
Tag this Judgment!D.C.W. Limited Vs. Commissioner (Appeals)
Court: Gujarat
Decided on: Jan-18-1997
Reported in: 1998(97)ELT424(Guj); (1997)2GLR913
R.A. Mehta, A.C.J.1. Rule. Mr. Ketan Dave, learned Counsel waives service of Rule for and on behalf of the respondents. 2. In all these applications, the petitioners make their grievance that though they have preferred appeals with the application for stay and for waiver of condition of pre-deposit of penalty, the said applications are not decided and in the mean time coercive recovery is being enforced. 3. Applications of this kind are frequent in this Court and other Courts and the Courts are required to hear and to pass orders, which can easily be avoided. Several orders have been cited passed by different courts and Benches directing the appellate authority to decide the applications in given time and to stay coercive recovery unconditionally, till stay applications are decided. This may create unwarranted impression in some cases because the High Court may grant stay without going into merits and without imposing any condition. 4. Section 35F of the Central Excise Act, 1944 reads ...
Tag this Judgment!Kusumben E. Borasada Vs. Govt. of Gujarat and ors.
Court: Gujarat
Decided on: Jan-18-1997
Reported in: (1997)3GLR2159
S.K. Keshote, J.1. Challenge is made by the petitioner to the order dated 3rd November, 1981 of respondent No. 1 whereunder it was held that the petitioner could not be treated as a protected teacher. The petitioner was appointed as craft teacher in the Web Memorial Girls High School run by the Education Board of Baroda Methodist Church, Gujarat Conference in Southern Asia, now run by Methodist Church in India, with effect from 1-8-1858. The petitioner was taking periods for Standards V to VII in the subject of craft and other subjects which were assigned to her by the Principal from time to time. The petitioner has come up with the case that she was in service in a secondary school as on 29th March, 1965. Upto 1976 the school was working in three different sections, namely, Standards I to IV, Standards V to VII and Standards VIII to X. The respondent-management is also running a school known as Hill Memorial High School since 1940. The said school had classes from Standard VIII to Sta...
Tag this Judgment!State of Gujarat Vs. Bhanudanji Mehsandanji Gadhvi
Court: Gujarat
Decided on: Jan-18-1997
Reported in: I(1997)ACC453
M.H. Kadri, J.1. First Appeal No. 1322 of 1986 is filed by State of Gujaratand Medical Officer, Referral Hospital, Idar whereas First Appeal No. 1003 of 1987 is filed by Sabarkantha Jilla Panchayat, Himatnagar, challenging the judgment and decree dated 3.5.1986, passed by the learned Civil Judge (SD), Himatnagar in Special Civil Suit No. 52 of 1981, whereby the learned Civil Judge (SD), allowed the suit filed by Respondent Bhanudanji Mehsandanji Gadhvi claiming compensation of Rs. 25,000/- with costs and simple interest(r) 6% per annum from the date of the suit till realisation, to be recovered equally from the appellants of the two appeals.2. Respondent of FA No. 1322 of 1986 - original plaintiff (hereinafter to be referred as 'respondent') was resident of Village Therasana, Taluka Bhiloda, Dist. Sabarkantha and was married with Renuben who was aged about 28 years. Out of that wedlock, three male children were born. Eldest son Bharataged 7 years is suffering from paralysis and the sec...
Tag this Judgment!Manvar Shankerbhai Mansang Vs. Pandya Shankerlal Amiram and ors.
Court: Gujarat
Decided on: Jan-18-1997
Reported in: (1997)3GLR2478
R.A. Mehta, Actg. C.J.1. This Letters Patent Appeal is filed against an order passed by the learned single Judge in Special Civil Application No. 160 of 1997. By the said order, the learned single Judge dismissed the petition filed by the petitioner for recounting of votes.2. It is the case of the appellant that election of Sarpanch of Lodarani Panchayat was held on June 21, 1995. It was reserved for Scheduled Caste. Over and above the appellant, nomination of Respondent Nos. 1 and 2 were also accepted by the Election Officer. The polling took place on June 21, 1995. Votes were counted on June 24, 1995 wherein 1st respondent was found to have got largest number of votes to get elected candidate. Recounting was demanded by the appellant which was granted. On recount, the appellant was found to have polled maximum number of votes and was declared as elected candidate.In these circumstances, first respondent filed Election Petition No. 2 of 1995 in the Court of the Civil Judge (J.D.), Tha...
Tag this Judgment!Rajan Johnsonbhai Christy Vs. State of Gujarat
Court: Gujarat
Decided on: Jan-17-1997
Reported in: (1997)2GLR1077
N.J. Pandya, J.1. In all three persons were facing trial by way of Sessions Case No. 336 of 1992 of the Court of City Sessions Judge, Ahmedabad essentially for offence under Section 302 of Indian Penal Code. The charge that came to be framed refers to also Sections 120-B and 34 of Indian Penal Code. The charge at Exh. 2 has been framed very carefully and individually, all of them came to be charged for offence under Section 302 and collectively read with Section 120-B and/or Section 34 of Indian Penal Code.2. The incident leading to the said trial occurred on 20th May 1992 at about 1-00 p.m. in Staff Quarter No. 7 of Mental Hospital Compound, situated behind H.B. Kapadia High School, outside Delhi Darwaja, Ahmedabad. Son Chetan @ Pappu of Mrs. Ilvina was done to death in a very brutal manner. As per the prosecution case, hands of the deceased were tied at his back with a rope or a string, his mouth was goggled and with a sharp cutting as well as blunt instrument injuries on his body we...
Tag this Judgment!State of Gujarat Vs. Imtiyaj Haji Abdul Sattar
Court: Gujarat
Decided on: Jan-17-1997
Reported in: (1998)1GLR214
A.N. Divecha, J.1. The judgment and order of acquittal passed by the learned Judicial Magistrate, First Class, at Dhrol on 15th November, 1990 in Criminal Case No. 356 of 1984 is under challenge in this appeal by leave of this Court under Section 378 of the Code of Criminal Procedure, 1973 (the Code for brief). Thereby the learned trial Magistrate acquitted the respondent-accused of the offence punishable under Section 16 read with Section 7 of the Prevention of Hood Adulteration Act. 1954 (the Act for brief).2. The facts giving rise to this appeal move in a narrow compass. One Hariom Surendranath Pandya was working as the Food Inspector at Jamnagar ai the relevant time and he was authorised to act for the purposes of the Act within the District of Jamnagar. He visited one shop in the name of Bombay Ice Candy in Jodiya on 27th June. 1984 around 2-00 p.m. in the company of one panch witness. The shop was owned by the respondent-accused and he was in the charge of the shop at the relevan...
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