Gujarat Court September 2000 Judgments
Vijibhai Chinabhai and anr. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Sep-29-2000
Reported in: [2001(90)FLR429]; (2001)GLR280; (2002)IVLLJ478Guj
D.P. Buch, J.1. The petitioners above named have preferred this petition under Article 226 read with Articles 14 and 16 of the Constitution of India for appropriate writ, order or direction for quashing and setting aside the order dated September 29, 1987 placed at Annexure 'A' passed by the Deputy Executive Engineer, Building & Communication, Veraval Sub-Division of District Panchayat, Junagadh terminating the services of the petitioners w.e.f. October 31, 1987 as being illegal, unjust and unconstitutional. The petitioners have further prayed for a declaration that the petitioners are entitled to be absorbed in the permanent set up of the respondents or as permanent employees of the respondents and consequently they are entitled to all the benefits available to the permanent employee. The petitioners have further prayed for a direction to the respondents to absorb the petitioners permanently as they have rendered their services for more than one year.2. On receiving the aforesaid peti...
Tag this Judgment!Oriental Insurance Co. Ltd. Vs. Ganeshlal Nathuji Chaudhary
Court: Gujarat
Decided on: Sep-29-2000
Reported in: (2001)4GLR3204
J.N. Bhatt, J.1. In this group of 25 appeals, under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as `the new Act'), the appellant original opponent No. 3, The Oriental Insurance Company Ltd. - insurer has challenged the legality and validity of the common judgement rendered by Motor Accident Claims Tribunal, Morbi of Rajkot District, recorded on 31.1.2000, whereby, 18 injured persons and legal heirs and representatives of 7 deceased victims of road accident came to be awarded compensation of different amounts in different petitions holding that the driver of a motor truck GQA 5644 was rash and negligent and responsible for the accident and owner of the truck is, vicariously, liable and the insurer is bound to indemnify the insured owner of the vehicle with interest and cost in view of the insurance policy at Exh. 165 and the provisions of the Act.2. There were 25 claim petitions. Seven persons sustained fatal injuries in the accident. The legal heirs and represe...
Tag this Judgment!Amrutbhai Bholidasbhai Patel Vs. State of Gujarat
Court: Gujarat
Decided on: Sep-29-2000
Reported in: (2000)3GLR580
A.M. Kapadia, J.1. The petitioner who is in judicial custody with reference to C.R.I-38 of 2000 registered with Sarkhej Police Station for the offences punishable under Section 302 read with Sections 34 and 201 of the Indian Penal ode as well as Section 25(1)(c) of the Arms Act has filed this petition under Section 439(1) read with Section 437 of the Code of Criminal Procedure, 1973 ('the ode' for short hereinafter) and prayed to enlarge him on bail on such terms and conditions as may be deemed just, fit and reasonable by this court. In the alternative, he petitioner has prayed to release him on temporary bail to enable him to take medical treatment for his heart ailment and other ailments including cancer of prostate.2. From the averments made in the petition it become obvious that C.R.I-38 of 2000 is registered with Sarkhej Police Station pursuant to the FIR lodged by Smt. Artiben, widow of Arvindbhai Patel and daughter-in-law of he present petitioner. In the FIR it is stated that th...
Tag this Judgment!Kantilal Bhovanbhai Butani Vs. Union of India and ors.
Court: Gujarat
Decided on: Sep-28-2000
Reported in: [2001(90)FLR730]; (2001)1GLR639
D.H. Waghela, J. 1. The petitioner, a workman, challenges the decision of the appropriate Government refusing to refer the industrial dispute and prays a direction to refer the dispute to the appropriate forum under the Industrial Disputes Act, 1947 ('the Act').2. The relevant facts can be summarised as follows : The petitioner was temporarily employed for 178 days to work on the post of Branch Post Master, Banduri from January, 1990 to December, 1995 when the regular incumbent was not available. In 1994 when the post of Branch Post Master had fallen vacant and his name was recommended by the employment exchange to the Superintendent of Post Offices, Junagadh, the Superintendent of Post Offices required the petitioner to apply in the prescribed form with necessary certificates for the post. The petitioner accordingly complied. Out of the applications received, the Department short-listed the candidates for interviews. The petitioner was called for the interview and on being selected, w...
Tag this Judgment!Mangaldas Devjibhai Vs. Lalitkumar N. Doshi
Court: Gujarat
Decided on: Sep-28-2000
Reported in: (2001)2GLR1286
H.H. Mehta, J.1. This is a Civil Revision Application filed by original defendant/tenant under Section 29(2) of the Bombay Rents, Hotel & Lodging House Rates Control Act, ( for short the 'Act'), challenging the correctness, legality, propriety and regularity of the Judgment Ex. 16 dated 28th January, 1988 passed by the learned Assistant Judge, Surendranagar (who will be referred to hereinafter as the learned appellate Judge), in Civil Appeal No. 67 of 1984, whereby the learned appellate Judge was, by dismissing the appeal, pleased to confirm the Judgment Ex. 107 dated 8th March, 1984 rendered by the learned 2nd Joint civil Judge (J.D.), Surendranagar (who will be referred to hereafter as the learned Judge of the trial Court) in Regular Civil, Suit No. 221 of 1982. The learned Judge of the trial Court, by rendering his said Judgment in Regular Civil Suit No. 221 of 1982, allowed the plaintiff's suit directing the defendant to hand over vacant and peaceful possession of the suit godown t...
Tag this Judgment!Ahmedabad Municipal Transort Service Vs. Hansaben Natwarlal Dabgar
Court: Gujarat
Decided on: Sep-28-2000
Reported in: 2003ACJ642
J.N. Bhatt, J.1. In this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as `the Act'), the appellant Ahmedabad Municipal Transport Service (AMTS for short) original opponent No. 3 in M.A.C.P. No. 366 of 1992 has challenged the amount of Rs. 3,50,000/- awarded by the Motor Accident Claims Tribunal (Aux.), Ahmedabad, for personal injuries sustained by respondent No. 1, original claimant, inter alia, contending that the amount of compensation is excessive and the main responsibility was on the part of the driver of the autorickshaw.2. The original claimant claimed an amount of Rs. 4,03,200/- on account of serious injuries and permanent partial disablement. She is one of the seriously injured claimants on account of road accident which occurred on 15.9.1991. Two vehicles were involved in the accident. One of them was AMTS bus bearing registration No. GQE 8002 belonging to the appellant and the autorickshaw. The contention of the original claimant was that...
Tag this Judgment!State of Gujarat Vs. Manojkumar Achalaji Khatri
Court: Gujarat
Decided on: Sep-28-2000
Reported in: 2001CriLJ1223; (2000)4GLR643
D.C. Srivastava, J.1. The order dated June 24, 1999 of the Additional Sessions Judge, Ahmedabad is under challenge in this revision.2. The brief facts giving rise to this revision are as under :Truck No.GJ-1-V-5720 is owned by one Rajkiran Ramlal. Under an agreement dated April 29, 1998, this truck came in possession of the respondent Manojkumar Achalaji Khatri. He was plying the truck and was in its actual possession. On August 22, 1988 the DCB Police raided the said truck when it was parked near Mahakali Temple, Asarwa. Huge quantity of illicit liquor worth Rs.7,12,050=00 was found in the truck. The truck was accordingly seized. At the time of raid, the truck number shown on the number plate was GJ-7-8252. On enquiry by the police it was found that this truck was not registered. On further enquiry, on the basis of chassis number and engine number, it was found that the correct number of the truck is GJ-1-V-5720. After the seizure of the truck, the respondent applied for its release a...
Tag this Judgment!Koyabhai Bhaichandbhai Vs. State of Gujarat
Court: Gujarat
Decided on: Sep-27-2000
Reported in: (2001)GLR140
D.C. Srivastava, J.1. The prayer of the petitioner in this petition is for a direction to the respondents to release the petitioner on his first furlough leave by imposing suitable conditions.2. Brief facts giving rise to this petition are as under :The petitioner was convicted under Section 302 I.P.Code and was sentenced to under-go life imprisonment. His Appeal was dismissed by this Court. During pendency of the trial the petitioner was enlarged on parole twice and he surrendered in time. After conviction he was released on temporary bail, but he surrendered late by 462 days for which the petitioner was sufficiently punished by the Authorities. The petitioner applied for first furlough leave to I.G.(Prison) - respondent No. 3, on 1.4.2000 which was rejected on 18.8.2000, as contained in Annexure : A. It is this order which is under challenge in this petition.3. The counter Affidavit has been filed by Shri U.V.Chaudhary, Administrative Officer of I.G.(Prison).4. Learned Counsel for th...
Tag this Judgment!Krishnakeshsav Laboratories Ltd. Vs. Commissioner of Income-tax
Court: Gujarat
Decided on: Sep-26-2000
Reported in: [2002]254ITR149(Guj)
A.R. Dave, J.1. At the instance of the assessee, the following questions have been referred to this court for the assessment years 1978-79 and 1979-80 for its opinion under the provisions of Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') :2. Questions for the assessment year 1978-79 :'Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the salary paid to the employee of the appellant for the period during which he was in foreign country should be considered for the purpose of determining the disallowance under Sub-section (5) of Section 40A of the Income-tax Act, 1961 ?Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in confirming the order of the Commissioner of Income-tax appeals holding that the freight and insurance charges of Rs. 1,37,639 were not eligible for weighted deduction under Section 35B of the Income-tax Act, 1961 ?'3. Question for a...
Tag this Judgment!Shipbuilding and General Repairsco Vestalco Ltd., Greece Vs. Mv River ...
Court: Gujarat
Decided on: Sep-26-2000
Reported in: AIR2002Guj229
ORDERK.M. Mehta, J.1. Ship Building and General Repairs Co., Vestalco Ltd.-plaintiff having its office and works al Piraeus in Greece, has filed this admirality suit under Clause 32 of the Letters Patent for obtaining decree in the sum of US Dolloar 6,84.653 equivalent to Rs. 2.94.39.000/- in favour of the plaintiff and against the defendant and also arrest of MV RIVER EX-MV SMART 1 EX MV GLOBAL SKY EX-ALEKSANDR defendant's vessel together with her engines, machineries, boats and others for the due satisfaction of the decree passed under the suit. The plaintiff has also filed Miscellaneous Civil Application No. 35 of 2000 for interim orders. In support of the contentions, the plaintiff has also filed written submissions,FACTS:i. The plaintiff is carrying on business of ship building and general repairs. It was stated in the plaint that the plaintiff carried out repairs of MV River ex-MV Smart ex-MV Global Sky ex-Aleksandr Ognivtsev Ex-Athina K.-defendant vessel at Piraeus during the pe...
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