Gujarat Court July 2000 Judgments
Pandurang V. Kulkarni and anr. Vs. Life Insurance Corporation
Court: Gujarat
Decided on: Jul-21-2000
Reported in: (2001)2GLR1310
B.C. Patel, J.1. The petitioner has filed this petition under Art. 226 of the Constitution of India challenging the legality and validity of the order made by Life Insurance Corporation of India on 20th June, 1988, vide Annexure 'A' refusing to release stagnation increment of the petitioner No. 1 due on 1-6-1988. The petitioner No. 1 was working as Assistant with the respondent Life Insurance Corporation (hereinafter referred to as the Corporation). The petitioner No. 2 is a registered Trade Union. The petitioner No. 1 is stated to be the General Secretary of the said Union and also Vice President of All India Life Insurance Employees Association.2. It is contended that this Court should entertain the petition in view of the fact that a protected workman was protected by a Division Bench of this Court in Special Civil Application No. 2717 of 1982 by an interim relief, wherein the Court granted interim relief subject to outcome of the final order. However, the matter could not be dispos...
Tag this Judgment!Hiralal Kaluram Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jul-21-2000
Reported in: AIR2000Guj324
ORDERR.R. Tripathi, J. 1. The present petition is filed seeking directions to quash and set aside order dated 16-10-1990 bearing No. Licence/IR/KR/Guj 301/2000/SSA-VNP/USAEnforcement/Registration 253/90 passed by the District Civil Supply Officer, Surat, respondent No. 3 and confirmed by the District Collector, Surat by his order dated 17-12-1990 and further confirmed by the State Govt. in Revision Application No. 1 of 1991 vide order dated 4-3-1991. 2. The short facts giving rise to the present petition are that the petitioner was holding licence to sell kerosene at village Nana Varachha, Taluka Choryasi. District Surat. Said licence was issued by the District Supply Officer, Surat in the year 1978. The same was continued as was renewed from time to time under the provisions of the Gujarat Essential Commodities (Licence, Control and Declaration of Stock) Order, 1981 ('the Order of 1981' for brevity). A show cause notice was issued to the petitioner in that behalf stating that the stoc...
Tag this Judgment!Latif Chhmtumiya Shaikh Vs. State of Gujarat
Court: Gujarat
Decided on: Jul-21-2000
Reported in: (2000)3GLR2362
B.C. Patel, J. 1. The Hon'ble the Chief Justice Mr. B.N. Kirpal, (as he then was) of this Court sitting with Mr. R.K. Abichandani, J., on 18th August 1994, considering the rival submissions, referred four questions to the Larger Bench which are as under :- [1] Whether the High Court can grant bail, parole or furlough to an accused convicted of an offence under Narcotics Drugs & Psychotropic Substances Act, during pendency of an appeal against the conviction and sentence or thereafter ? [2] Whether High Court in exercise of its writ jurisdiction under Article 226 and 227 of the Constitution of India, can suspend the sentence by granting parole, furlough or bail to an accused convicted of an offence under TADA? [3] Whether the High Court can exercise its writ jurisdiction and suspend the sentence of an accused convicted under TADA and whether such exercise should be undertaken in view of the observations made by the Supreme Court in the case of Kartarsingh, reported in 1994[2] J.T. p...
Tag this Judgment!isaak Ibrahim Sandhi Novda Vs. State of Gujarat
Court: Gujarat
Decided on: Jul-21-2000
Reported in: (2000)3GLR602
H.R. Shelat, J.1. By this application under Sec. 439 of the Criminal Procedure Code, the applicant alleged to have committed the offences punishable under Sec. 489 B & C and Sec. 120B of the Indian Penal Code, prays for being released on bail, after being arrested in that connection.2. Necessary facts may in brief be stated. Shri P.O. Bhatt, the P.S.I. of Visavadar Police Station was informed by District Superintendent of Police, Junagadh that Ramesh alias Ramji alias Rama Laxmidas Suthar was at his place possessing, procuring and trafficking in fake or counterfeit currency notes each of Rs.500/= denomination on a large scale. As directed, the Police Sub-Inspector arranged for raid calling two panchas. At the time of raid Ramesh alias Ramji was present. On the house being ransacked, few fake currency notes of Rs.500/= were found. The same were seized. During the investigation, the Police found that there was well planned net-work for foisting fake currency notes on the public, which wa...
Tag this Judgment!Ramanbhai B. Dalwadi Vs. State of Gujarat
Court: Gujarat
Decided on: Jul-21-2000
Reported in: (2000)4GLR647
B.C. Patel, J.1. The petitioner, who was at the relevant time working as Executive Engineer (Civil) has challenged the order passed by respondent State under section 161 of the Bombay Civil Services Rules 1950 compulsorily retiring him by an order dated 8.3.1987, vide Annexure 'A'. 2. The petitioner was paid three months' notice pay and allowance in view of the notice period as laid down under clause (aa)(i) of Rules 161 of the Bombay Civil Service Rules 1959 (hereinafter referred to as the Rules). The petitioner has contended that after graduation, he joined as Overseer in the year 1957. He was promoted as Deputy Engineer on 24th October 1962 and thereafter as Executive Engineer on 27th July 1978. It is further contended by the petitioner that during his tenure as Executive Engineer, the petitioner was posted as Deputy Secretary w.e.f. 18.6.1984 and he has worked in that capacity upto 5th July 1985. The petitioner was thereafter posted as Executive Engineer in Unit E, Narmada Dam Desi...
Tag this Judgment!Madhaviben Himansubhai Devani Vs. Lataben Sureshbhai Pavagadi
Court: Gujarat
Decided on: Jul-21-2000
Reported in: (2000)4GLR632
Kundan Singh, J.1. This Revision Applicastion centres round the question as to whether the plaintiff can take advantage of two remedies available for him to secure the amount claimed in summary suit.2. The respondent-planitiff filed summary suit no. 70 of 1996 in the Court of the Civil Judge (S.D.), Rajkot for the recovery of Rs. 1,67,900/-. The respondent-plaintiff also filed an application exh. 5 for injunction under Order 39, Rules 1 and 2 read with section 151 of Civil Procedure Code. The 8th Joint Civil Judge (S.D.), Rajkot by his order dated 27th November, 1996 allowed that application and directed the defendant not to transfer the Maruti car bearing registration No. GJ-3-K-1795 of 1996 model till the final disposal of the suit and that order is still in operation. The respondent-plaintiff had also taken out a summons for judgment vide application exh. 20 on 10.2.99.3. The petitioner-defendant resisted and objected to the said application by filing an affidavit-in-reply and writt...
Tag this Judgment!State of Gujarat Vs. Kailashchandra Badriprasad
Court: Gujarat
Decided on: Jul-21-2000
Reported in: (2000)3GLR2487
B.C. Patel, J.1. The matter referred to this Full Bench raises an important question having bearing on the right of an accused viz., Can delay in filing of an appeal by the State be condoned without giving an opportunity of hearing to the accused?2. The Slate of Gujarat preferred an appeal being aggrieved by an order of acquittal recorded by the learned Special Judge, City Sessions Court, Ahmedabad wherein the accused Kailashchandra Badriprasad and Ors., were tried for an offence punishable under Section 3 of the Essential Commodities Act in Special Case No. 4 of 1993. As there was delay of 81 days in filing the appeal, the State preferred Misc. Criminal Application No. 4735 of 1995 for condonation of delay under Section 5 of the Limitation Act, 1963.3. The attention of the Division Bench hearing the application filed by the State against Kailashchandra Badrinath and Ors., was drawn to the decision of a Division Bench in case of Stale of Gujarat v. Ramesh L. Chauhan reported in 1994 (2...
Tag this Judgment!Mishrimal Anandkumar and ors. Vs. Polycot Cables Pvt. Ltd.
Court: Gujarat
Decided on: Jul-20-2000
Reported in: [2001]104CompCas353(Guj)
R.K. Abichandani, J.1. This group of appeals raise common questions and have been argued together. The appellants have challenged the order dated February 18, 1998, made by the learned company judge in Company Petitions Nos. 306 to 309 of 1997, by which all the company petitions were rejected. According to the appellants the respondent-company had, despite statutory notice dated July 10, 1997, given by the appellants, not paid their dues and was therefore, liable to be wound up under section 433 read with section 434 of the Companies Act, 1956. 2. The appellants' case was that the respondent-company was incorporated on September 27, 1988, for the business of manufacturing of cables and other items. The appellants had advanced the disputed amounts to the company on which interest was to be paid. The company paid interest till March 31, 1990. However, thereafter it did not pay interest, nor did it return the amounts which were outstanding as loan as per the balance-sheet of the company. ...
Tag this Judgment!Rameshray Panchuray Vs. State of Gujarat
Court: Gujarat
Decided on: Jul-20-2000
Reported in: (2001)2GLR1280
J.N. Bhatt, J.1. By this conviction appeal, the appellant-original accused Rameshray Panchuray Ray, has questioned the legality and validity of the judgment of conviction and order of sentence, recorded by the learned Addl. Sessions Judge, at Panchmahals, Godhra, in Sessions Case No. 52 of 1993, whereby, the accused came to be charged for having committed offence punishable under Section 302, by committing murder of one Paramshankar, with the help of stick, and he is ordered to undergo sentence for imprisonment for life, whereas, he is also held guilty for the offence under Section 323 of the Indian Penal Code (I.P.C.), for causing hurt to prosecution witness No. 8, Vijaykant Shukla, and for which, he is awarded no separate sentence.2. The criminal complaint, came to be filed against the accused, on 13th January, 1993, at Bodeli Police Station, by P.S.O., for the incident, which occurred on 9-1-1993, at about 12.00 midnight, in which, accused is alleged to have given fatal blows to the...
Tag this Judgment!Govindbhai Shambhubhai Chauhan Vs. State of Gujarat
Court: Gujarat
Decided on: Jul-19-2000
Reported in: (2001)4GLR3341
J.N. Bhatt, J.1. Rule. Service of notice of rule is waived by Mr. K.P. Raval, learned A.P.P. for the respondent State.2. This group of six Criminal Miscellaneous Applications, claiming regular bail, under Section 389 of he Criminal Procedure Code ('the Code' for short hereinafter), during the pendency of their Conviction criminal Appeal No. 815 of 1993, are inter-connected and raise, virtually, common questions and, therefore, upon request, they are being disposed of by this common judgment.3. It may be highlighted, at the outset, that though in terms of number of applications it would come to six, in substance, four original accused persons, who are appellants in Criminal Appeal No. 815 of 1993, have invoked the aids of provisions of Section 389 of the Code for the simple reason that some of the names are common in some of the applications.4. After having given our anxious thoughts to the relevant, prima facie, material, facts and the submissions advanced before us by Mr. Patel, learn...
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