Gujarat Court August 2000 Judgments
Royale Manor Hotels and Industries Limited Vs. Oberoi Hotels Private L ...
Court: Gujarat
Decided on: Aug-24-2000
Reported in: (2001)2GLR1532
D.H. Waghela, J.1. Admit. Heard the learned Counsel for the appellant and the respondent, who appeared on caveat. By consent, the appeal is heard and finally disposed by this judgment.2. This appeal is preferred from the Order of the learned Judge of the City Civil Court No. 16, Ahmedabad below the notice of motion at Ex.16. in Civil Suit No. 6390 of 1999. The appellant, who is the original plaintiff, has by its application for interim injunction prayed for the relief as under :'(a) Pending hearing and final disposal of the suit, the Hon'ble Court may be pleased to grant interim injunction restraining the defendant No. 1 from commencing or participating in the arbitration proceedings in pursuance of the notice dated 18-10-1999 or 17-11-1999 or even otherwise in connection with the royalty agreement dated 5-11-1992.'In the plaint of the main Civil Suit No. 6390 of 1999, the appellant has mainly prayed for the reliefs as under :'(a) The Hon'ble Tribunal be pleased to declare that the Roy...
Tag this Judgment!State Bank of India Vs. Gemini Industries and ors.
Court: Gujarat
Decided on: Aug-22-2000
Reported in: (2001)1GLR867
J.N. Bhatt, J. 1. By this appeal under Section 96 of the Code of Civil Procedure, the appellant-original plaintiff, State Bank of India, has questioned the absolving of respondent Nos. 6 and 7 guarantors of cash credit transaction between the appellant and respondent Nos. 1 to 5 from payment of decreetal dues holding that there was no continuing guarantee. The parties are hereinafter referred to, as arrayed in the suit for the sake of convenience and brevity. 2. The plaintiff had to initiate a legal battle by filing Special Civil Suit No. 35 of 1983 in the Court of Civil Judge (S.D.) Kachchh, at Bhuj, against respondent Nos. 1 to 7 who are original defendants Nos. 1 to 7 in the suit for the recovery of the bank dues of Rs. 8,82,093.47 ps. together with interest at the rate of 15% per annum with effect from 1-4-1983 till date of payment from all the defendants jointly and severally pursuant to a cash credit loan transaction entered into on 19-10-1978 between the plaintiff bank and the o...
Tag this Judgment!Ravikumar V. Bhardwaj Vs. Karshanbhai M. Bharvad and ors.
Court: Gujarat
Decided on: Aug-22-2000
Reported in: II(2001)ACC743; (2001)2GLR959
J.N. Bhatt, J.1. Both these appeals under Section 110-D of the Motor Vehicles Act, 1939, (Old Act) arise out of common judgment rendered in M.A.C.P. No. 157 and 163 both of 1982 and also raise out of (he common accident between the common parties and raised similar question, therefore, they are being disposed of by this common judgment.2. F.A. No. 512 of 1986, is against the award of Rs. 96,000/- for personal injuries against the claim amount Rs. 1,50,000/- by passenger in auto rickshaw (Claimant Ravi) in M.A.C.P. No. 157 of 1982 whereas, F.A. No. 279 of 1982, is filed by the auto rickshaw driver in M.A.C.P. No. 163 of 1982, wherein, the Tribunal has assessed an amount of Rs. 52,0007- against the claim of Rs. 1,00,0007- for personal injuries, but awarded only Rs. 26,0007- holding the claimant being the rickshaw driver, as contributory negligent in happening of the accident, which took place on 17-12-1981 at about 12:00 noon.3. In short, both these appeals are at the instance of claiman...
Tag this Judgment!Purvang Umeshchandra Shah Vs. State of Gujarat
Court: Gujarat
Decided on: Aug-22-2000
Reported in: (2001)4GLR3007
D.C. Srivastava, J.1. This revision is directed against an order dated 19.9.1997 of Additional Sessions, Surat, rejecting the application of the revisionist for not taking cognizance of the offence punishable under Sections 376, 506(2) and section 114 of the Indian Penal Code as well as under Section 3(11) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.2. Shri K.J. Shethna, learned counsel for the revisionists, and Shri K.C. Shah, learned counsel for the respondent - State of Gujarat, have been heard.3. Shri Shethna has raised two points assailing the impugned order. His first contention has been that the Sessions Judge (Special Judge under the Atrocities Act) could not have taken the cognizance of the offence u/s 3(11) of the Act directly without being committed by the concerned Magistrate having jurisdiction to conduct enquiry in the case. His next contention has been that two distinct offences committed on different dates were included in one charg...
Tag this Judgment!Nayak Prahladbhai Bhogilal Vs. State of Gujarat
Court: Gujarat
Decided on: Aug-18-2000
Reported in: 2001CriLJ1202; (2002)1GLR432b
H.H. Mehta, J. 1. This is a Criminal Revision Application under Section 401 read with Section 397 of the Criminal Procedure Code, 1973 (for short 'Cr.P.C.), filed by the original-accused of Criminal case, Chief Case No, 35 of 1985 pending on the file of the learned Chief Judicial Magistrate, Mehsana (who will be referred to hereinafter as the 'learned Magistrate' for the sake of convenience), challenging the correctness, legality and propriety of Judgment Ex. 9 rendered by the learned Additional Sessions Judge, Mehsana (who will be referred to hereinafter as 'learned Appellate Judge' for the sake of convenience in Criminal Appeal No. 5 of 1990 on 20th April, 1990, whereby the learned Appellate Judge was pleased to confirm the Judgment Exh. 49 and order of conviction and sentence rendered by the learned Magistrate on 26th December, 1989 in Chief Case No. 35 of 1985. The learned Magistrate convicted the accused for an offence punishable under Section 408 of Indian Penal Code (for short '...
Tag this Judgment!Madhubha Baldevsinh Jethwa Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Aug-18-2000
Reported in: (2001)2GLR1062
R.R. Tripathi, J. 1. This petition is filed by a dismissed S.R.P. Constable challenging the order of dismissal dated 22-5-1990 passed by the Commandant, State Reserve Police, Group 7, at Nadiad. The facts giving rise to the present petition are that the petitioner who was serving as an S.R.P. Constable has proceeded on leave and after he returned from leave, he was required to collect his kit. While he was asked to collect the kit by one Shri B. T. Kamte, the Head Constable, the petitioner asked for an assistant to which the said Head Constable said to have replied that he is to attend duty at Gate Nos. 1 and 4. On this reply, the petitioner got excited and assaulted the Head Constable, B. T. Kamte. Pursuant to the said incident, a charge-sheet was filed against the petitioner. The petitioner gave his reply. Thereafter, a departmental inquiry was held on conclusion of which, punishment of dismissal was imposed. The petitioner filed an appeal against the order of dismissal dated 22-5-19...
Tag this Judgment!Mafatlal Apparel Manufacturing Co. Ltd. Vs. Jashodaben M. Patel
Court: Gujarat
Decided on: Aug-18-2000
Reported in: (2002)IVLLJ491Guj
R.R. Tripathi, J. 1. The petition is filed by the Company challenging the order passed by the Industrial Tribunal as its Part 'T' decision on an application for interim relief dated February 28, 1991. The said decision is published in the Official Gazette dated April 9, 1991, a copy of which is produced at Annexure A' to this petition.2. Short facts giving rise to the present petition are that during pendency of a reference bearing (IT) No. 310 of 1986 before the Industrial Tribunal at Ahmedabad, the respondent herein filed a complaint being No. 1 of 1991 under Section 33-A of the Industrial Disputes Act. 1947 ('the Act' for brevity), praying that the petitioner- Company has to pay full wages to the respondent for all the days with effect from June 23, 1990 till the date if filing of the complaint, i.e. upto January 2, 1991. The case of the petitioner-Company is that the respondent was appointed as a trainee by a letter dated April 13, 1986 with effect from April 12, 1986, a copy of th...
Tag this Judgment!Nathalal N. Joshi Vs. State of Gujarat
Court: Gujarat
Decided on: Aug-18-2000
Reported in: (2000)4GLR771
R.M. Doshit, J.1. Learned advocates Ms. Vyas appearing for the petitioner and Mrs. S.S Patel appearing for the respondent no. 2 are not present on call. Heard the learned Advocate General for the State.2. The petitioner before this Court is an employee of the Vanthali Nagar Panchayat [hereinafter referred to as, `the Panchayat'] and claims that the salary of the employees of the Panchayat shall be paid by the State Government by advancing necessary funds/grant to the Panchayat. It is the claim of the petitioner that he was originally appointed by the then Vanthali Municipality, which on introduction of the Gujarat Panchayats Act, 1961 ( hereinafter referred to as 'the Act') has been converted into a Nagar Panchayat. The petitioner being the employee of the converted Municipality, is entitled to the salary in the scale determined by the State Government for its employees, as revised from time to time and the Government is duty bound to pay such salary. The reliance is placed on the judg...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Pritamsingh Channansingh and ors.
Court: Gujarat
Decided on: Aug-17-2000
Reported in: (2001)2GLR1054
J.N. Bhatt, J.1. Both these appeals, under Section 110-D of the Motor Vehicles Act, 1939, at the instance of the appellant, original opponent No. 3, Insurer, are against the common judgment and awards passed in M.A.C.P. Nos. 448 of 1983 and 449 of 1982 by Motor Accident Claims Tribunal (Main), Panchmahals, Godhra, on 10-6-1983.2. First Appeal No. 26 of 1984 has arisen out of M.A.C.P. No. 448 of 1982 filed by the parents of deceased Surendrasinh claiming an amount of Rs. 1,16,000/-, wherein, the Tribunal awarded an amount of Rs. 71,200/- with interest and cost and First Appeal No. 27 of 1984 has arisen out of M.A.C.P. No. 449 of 1982 filed by mother of deceased Ajmalsingh, wherein, the award came to be passed for Rs. 23,900/- against the claim of Rs. 35,800/-. Since both these appeals arise out of common judgment in respect of same accident, they are being disposed of by this common judgment.3. An unfortunate road accident took place, on 24-3-1992 at about 9.00 p.m. at Kadana Dam site i...
Tag this Judgment!Kanubhai M. Parmar and ors. Vs. State of Gujarat
Court: Gujarat
Decided on: Aug-17-2000
Reported in: (2001)2GLR1118
D.C. Srivastava, J.1. List has been revised twice, none appeared for the Revisionists. Shri M. A. Bukhari, learned A.P.P. has been heard and the impugned order has been examined.2. Brief facts are that a composite charge-sheet was submitted against the five revisionists under Sees. 332, 147, 143, 149, 506(2) and 186 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act'). Cognizance was taken by the learned Additional Sessions Judge, Vadodara. In that Court an application Ex. 8 was moved by all the revisionists that they are entitled to be discharged under Section 3(1)(x) of the Act. The said application was considered by the learned Addl. Sessions Judge. In his view the accused Nos. 1 to 3 in the charge-sheet did not belong to scheduled caste and scheduled tribe. They had entered inthe office of the complainant and with intention to humiliate the complainant the accused Kanu Mangal caught hold ...
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