Gujarat Court March 2000 Judgments
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Gujarat State Road Transport Corporation Vs. Abdulkarim I. Shaikh
Court: Gujarat
Decided on: Mar-14-2000
Reported in: (2000)4GLR354
H.K. Rathod, J.1. Learned advocate Mr. Raval is appearing for the petitioner corporation and learned advocate Mr. Brahmbhatt is appearing for the respondent workman. In this petition, notice was issued by this Court on 13.12.1999 by making it returnable today i.e. 14.3.1999 and meanwhile, ad interim relief was granted qua back wages alone. 2. Today, when the matter was taken up for admission, learned advocates appearing for the parties have consented for taking up the matter for final disposal. Hence, Rule, service of which is waived by Mr. JS Brahmbhatt, learned advocate appearing for the respondent. With the consent of the learned advocates for the parties, the matter is taken up for final hearing and disposal today itself.2. The facts of the present petition, in short, are that the respondent was working with the petitioner corporation as a driver and he remained unauthorizedly absent from 13.3.1992 and inspite of intimating him to report for duty, he didnot reported for duty and, t...
Regional Director Vs. Narsabai Wd/O. Naran Pantaji
Court: Gujarat
Decided on: Mar-14-2000
Reported in: (2001)ILLJ488Guj
D.C. Srivastava, J.1. This is opponent's Appeal against the Judgment and order dated 6.3.1979 of Employees Insurance Court, Ahmedabad, granting declaration that the death of deceased Naran Pantaji was the result of the employment injury and that the applicant is dependent of the said deceased and is entitled to dependents benefit from the opponent.2. Brief facts are that an application was moved under Section 77 of the Employees State Insurance Act, 1948 by the widow of Naran Pantaji claiming dependency benefit from the opponent on account of employment injury sustained by her deceased husband who expired on 1.12.1974 out-side the Mill Gate. The deceased was employed in Weaving Department of Nagari Mills. He was working for the last 37 years before the accident. On 1.12.1974 he was to work in the first shift in the Mill. He reached the gate of the Mill by or about 6.45 a.m. whereas his shift was to commence from 7.00 a.m. At about 6.55 a.m. out-side the gate he collapsed and expired. P...
Prathmesh Farms Pvt. Ltd. Vs. State of Gujarat
Court: Gujarat
Decided on: Mar-14-2000
Reported in: (2000)3GLR392
M.R. Calla, J.1. The petitioner herein is a registered Company under the Companies Act, 1956. Its case is that being desirous to be an agriculturist and so as to introduce Drip Irrigation System, it moved an application for the purpose of permission under Sec. 63 of the Bombay Tenancy and Agricultural Lands Act, 1948, which will be hereinafter referred to as 'the Tenancy Act'. The permission is said to have been applied for under several Circulars issued by the State Government including the directions dated 20th May 1991. The State of Gujarat had issued instructions to the respondent no.2, i.e. the Collector, Mehsana, to take into consideration the income of the Company and the net income of the Managing Director of the Company. The application moved by the petitioner was for purchase of several pieces of lands with a view to introduce the Drip Irrigation System and such permission was granted by the Deputy Collector, exercising powers of the Collector by order dated 6th February 1995...
Ranubhai Bhikhabhai Bharwad (Vekaria) Vs. State of Gujarat
Court: Gujarat
Decided on: Mar-14-2000
Reported in: (2000)3GLR816
M.R. Calla, J.1. This Special Civil Application is directed against the order dated 30th August 1999 passed by the Police Commissioner, Vadodara City, whereby in exercise of powers under Section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985, the petitioner has been ordered to be detained. By yet another order dated 30th August 199, the petitioner was committed to Porbandar Special Jail, Porbandar. The grounds of detention have also been enclosed with the detention order along with other papers.2. The case has a history of litigation of civil as well as criminal nature over land disputes between the petitioner on one side and the respondent no.4, namely, Mr. Jayesh Dave on the other side. The petitioner has come with the case that the land bearing Survey No.33 of village Akota admeasuring 14 lakh sq. ft. belongs to Hindustan Earth Movers (Pvt.) Ltd., a Company registered at Bombay. This Company was registered and incorporated by M/s. Pashabhai Patel and others. It i...
Parvatiben H. Rana Vs. State of Gujarat
Court: Gujarat
Decided on: Mar-14-2000
Reported in: (2000)4GLR190
C.K. Thakkar, J.1. This petition is filed by the petitioner for an appropriate writ, order or direction quashing and setting aside an order of termination, dated 8th May 1989 , Annexure `A' to the petition and by directing the respondents to reinstate the petitioner with all consequential benefits.2. The case of the petitioner was that she was appointed as Assistant Lecturer and Rector (Grihmata) with effect from 31st January 1983 in Bai Surajba Govindbhai Patel Stree Adhyapan Mandir, Sunav, Taluka Petlad, District Kheda. According to the petitioner, the respondent school was under direct control of the State of Gujarat, respondent No.1 and the institution was run with the aid of the Government. It was her case that respondent No.2, by the impugned order dated 8th May, 1989 terminated her services with effect from the next date. i.e., 9th May, 1989 in accordance with provisions of Rule 11 (3) (ii) of the Gujarat Educational Institutions (Pre-primary and Primary Teachers Training Colleg...
Bank of Tokyo-mitsubishi Ltd. Vs. Essar Steel Ltd.
Court: Gujarat
Decided on: Mar-13-2000
Reported in: [2001]104CompCas361(Guj)
R.K. Abichandani, J.1. The appellant-bank challenges the order dated March 2, 2000 of the learned company judge in Company Application No. 52 of 2000 filed in Company Petition No. 42 of 2000 by which the respondent-original applicant was permitted under section 536 of the Companies Act, 1956, to deal with its pellet division by transferring some assets in favour of Higrade Pellets Ltd. 2. The principal debtor - Essar Power Ltd. was indebted to the appellant bank and the respondent has stood as a guarantor. The winding up petition has been filed by the appellant against the respondent on the ground that it did not fulfil its liability though the principal debtor had failed to repay its dues. 3. An application for permission under section 536(2) of the said Act was made by the respondent on the ground that, with a view to overcome its financial difficulties, it was trying to restructure its financial position and, for that purpose, it had decided to transfer its pellet division to a comp...
Rameshji Panchaji Thakor Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Mar-13-2000
Reported in: (2001)1GLR171
A.L. Dave, J. 1. Rule. Mr. K. T. Dave, learned A.P.P., waives service of rule.2. The petitioner was externed from the districts of Banaskanlha, Mehsana. Sabarkantha and Kachchh for a period of two years by virtue of order passed on 11th December, 1998 by the Sub-Divisional Magistrate, Palanpur, in exercise of powers under Sees. 56(b) of the Bombay Police Act ('the Act' for short). It was found that the petitioner-externee committed breach of that order and entered Banaskantha district. Therefore, Sub-Divisional Magistrate, Palanpur passed order on January 24, 2000 against the petitioner-externee in exercise of Section 62(2) of the Act and directed that the petitioner be arrested and kept in police custody at Porbandar Jail. It is this order, that has given cause for the present petition which is filed by the petitioner through Jail.3. The petition is based mainly on the ground that the order is ex-facia illegal, passed without jurisdiction and outcome of misreading of the provisions of...
Kanjibhai Babaldas Patel Vs. Election Officer of A.P.M.C., Visnagar
Court: Gujarat
Decided on: Mar-10-2000
Reported in: (2001)1GLR259
J.N. Bhatt, J. 1. Rule in both the petitions, service of which is waived by Mr. U. A. Trivedi, learned A.G.P., for respondent No. 1 in both the petitions. Service of rule is waived by M/s. Thakkar Associates for respondent No. 2 in Special Civil Application No. 1252 of 2000, whereas, Mr. P. K. Jani waives service of rule on behalf of respondent No. 2 in Special Civil Application No. 1411 of 2000. 2. Both these petitions, under Article 226 of the Constitution of India, are interconnected and raise common questions and also arise out of a common impugned order, dated 2nd March, 2000. Therefore, they are being disposed of by this common judgment, upon request. 3. Special Civil Application No. 1252 of 2000 is filed by the petitioner, whose nomination came to be rejected in the election for the Agricultural Produce Market Committee, Visnagar, whereas, in Special Civil Application No. 1411 of 2000, the petitioner therein had raised objection against the nomination of the petitioner in Specia...
Kadia Naginbhai Maneklal Vs. Y.J. Dixit and anr.
Court: Gujarat
Decided on: Mar-10-2000
Reported in: (2000)4GLR205
ORDER1. Learned Advocate Shri Jayant Patel is appearing in all the three petitions on behalf of the petitioners. Learned A.G.P. Smt. S. D. Talati is appearing on behalf of the respondents in all the three petitions. 2. In the present petitions, most of the facts and questions and the respondents are common, and therefore, all these three petitions are decided by this common judgment. 3. The brief facts of Special Civil Application No. 6571 of 1988 in the case of Naginbhai Maneklal Kadia are as under :- The petitioner has passed old SSC Examination in the year 1976 and also undergone the training of Gujarati Typing and Stenography and has successfully passed the said examination. The name of the petitioner was registered in the Employment Exchange at Gandhinagar and on that basis, the petitioner was called for an interview by the respondent and petitioner was appointed as a Gujarati Stenographer Grade III by an order dated 24-3-1981 on temporary basis for a period of 29 days. Thereafter...
H.K. Desai Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Mar-10-2000
Reported in: (2000)3GLR2141
H.K. Rathod, J. 1. By way of this petition under Art. 226 of the Constitution of India, the petitioner has prayed for a writ of mandamus quashing and setting aside the impugned order dated 19.5.1986 annexure-V page 114 of the petition passed by the respondent No. 2 and directing the respondents to pay to the petitioner his full salary and allowance for the period of suspension from 4.3.1978 to 15.2.1979 which was without any basis, treating the said period as duty for all purposes and directing that the leave as may be admissible to the petitioner should be granted to him for the period of his absence from 28.10.1977 to 3.3.1978. The facts giving rise to the present petition, in short, are as under : 2. The petitioner was working as Office Superintendent under the Director of Agriculture, Ahmedabad. A separate Directorate known as Soil and Water Management Directorate was established with effect from 12.10.1976 by the Government. All the existing posts of Clause I, II, III and IV were ...
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