Gujarat Court March 2001 Judgments
B.i. Acharya Vs. O.N.G.C. Ltd.
Court: Gujarat
Decided on: Mar-30-2001
Reported in: [2001(90)FLR359]; (2001)IILLJ93Guj
ORDERD.C. Srivastava, J. 1. Notice of this petition was issued on December 7, 2000 making it returnable on December 20, 2000. The respondents are served. Counter Affidavit has been filed by the respondent No. 1 opposing the admission of the writ petition. No counter affidavit has been filed by the respondent No.2.2. Shri A.K. Clerk, learned counsel for the petitioner and Shri Rajni H. Mehta, learned counsel for the respondent No. 1 were heard on admission of this petition.3. The contention of Shri A.K. Clerk has been that the petitioners were working as Boiler Operators and by virtue of notification dated September 8, 1994 from the Government of India, Ministry of Labour, Boiler Operators, in the respondent No. 1, Oil & Natural Gas Commission, were inter alia in prohibited employment of contract labour as Boiler Operators and as such the petitioners have become direct employees of the respondent No.1 and since they are working for a period of about 9 years as Boiler Operators they shou...
Tag this Judgment!Khara Shamji Hirabhai Vs. Gujarat State Handicrafts and Handloom Devel ...
Court: Gujarat
Decided on: Mar-29-2001
Reported in: (2001)3GLR2300
P.B. Majmudar, J.1. This Letters Patent Appeal is directed against the order dated 24th July, 2000 passed by the learned single Judge in Special Civil Application No. 10395 of 1999. The learned single Judge has dismissed the writ petition by confirming the order of the respondent-Corporation, reducing the appellant to his original post and pay-scale which he was holding prior to his transfer/appointment on the post of Store Keeper-cum-Accountant at Hyderabad.2. The appellant herein was appointed as Accounts Clerk in the respondent-Corporation by an order dated 17th March, 1992. On 7-6-1995, the Corporation issued a Circular, by which the Corporation invited applications from the Accounts Clerks for being transferred to Hyderabad or Madras on the post of Store Keeper-cum-Accountant on the higher pay-scale of Rs. 1200-2040. It is an admitted fact that except the present appellant, no other Accounts Clerk showed willingness for being appointed on the aforesaid post of Store Keeper-cum-Acc...
Tag this Judgment!Bimalsingh Duggal Vs. Central Bank of India and anr.
Court: Gujarat
Decided on: Mar-29-2001
Reported in: AIR2001Guj340; (2001)3GLR2632
A.R. Dave, J.1. Being aggrieved by the judgment and decree passed by the Civil Judge (S.D.), Gandhidham, in Special Civil Suit No. 341 of 1995 dated 29-10-1996, this first appeal has been filed by original defendant No. 2.2. The facts giving rise to the present appeal, in a nutshell, are as under :3. Respondent No. 1 is Central Bank of India. It had lent a sum of Rs. 1,52,000/- to respondent No. 2 for the purpose of purchase of a truck. The present appellant was a surety and had executed a deed of guarantee. As respondent No. 2 did not make payment of the amount due and payable by him to respondent No. 1 Bank, respondent No. 1 Bank filed Special Civil Suit No. 341 of 1995for the purpose of recovery of the amount, which was due and payable by the principal debtor, namely, Babulal M. Mehta, who is respondent No. 2 herein. The present appellant was a surety, and therefore, he was joined in the said suit as defendant No. 2. The said suit was decreed and being aggrieved by the judgment and ...
Tag this Judgment!Bharatbhai S. Patel and anr. Vs. State of Gujarat
Court: Gujarat
Decided on: Mar-28-2001
Reported in: 2001CriLJ3200; (2001)3GLR2477
K.M. Mehta, J.1. Bharatbhai Shankerbhai Patel and Sankabhai Madhabhai Patel, petitioners-original accused Nos. 1 and 2 have filed this Criminal Revision Application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') challenging the judgment and order dated 27th September, 1993, passed by the learned Sessions Judge, Mehsana in Criminal Appeal No. 34 of 1993. The learned Sessions Judge by his judgment and order pleased to dismiss the appeal and confirmed the order of conviction dated 5-8-1993 passed by the learned Special Judge-cum-Assistant Sessions Judge, Mehsana, in Special (Atrocity) Case No. 35 of 1993, whereby the learned Special Judge in the said case was pleased to convict the accused for six months and to pay a fine of Rs. 250/- in default to undergo simple imprisonment for one month for the offence punishable under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,...
Tag this Judgment!Oil and Natural Gas Commission Vs. Balaram Cements Limited
Court: Gujarat
Decided on: Mar-28-2001
Reported in: AIR2001Guj287
H.H. Mehta, J.1. At the request of learned advocates for both the parties, these two appeals from orders are disposed by this common judgment, as in both these appeals, a common order dated 19th September, 1992 passed below application Ex.5 and Ex.18 in Special Civil Suit No.2 of 1991 which is still pending on the file of learned III Joint Civil Judge (Senior Division), Palanpur (who will be referred o hereinafter as the learned Judge of the trial Court for the sake of convenience), has been challenged on the ground that said common order by which two applications Exs.5 and 18 have been disposed of, is not legal and valid and the same is not according to law.2. In Appeal From Order No. 546 of 1992, appellant is the defendant no.1, while respondent nos. 1 and 2 are original plaintiff and defendant no.2 respectively in Special Civil Suit No.2 of 1991. 2.1. In Appeal From Order No. 566 of 1992, appellant is original plaintiff, while respondents are defendant nos.1 and 2 respectively in af...
Tag this Judgment!Gujarat State Road Transport Corporation Vs. Amirkhan Jamiyatkhan Aagv ...
Court: Gujarat
Decided on: Mar-23-2001
Reported in: [2002(94)FLR164]; (2001)3GLR2231
K.M. Mehta, J. 1. Rule. Service of rule is waived by Shri J. V. Bhairavia, learned Advocate for the respondent.1.1 Gujarat State Road Transport Corporation (through its Divisional Controller), Ahmedabad - petitioner has filed this petition under Arts. 226 and 227 of the Constitution of India challenging the judgment and award dated 20th May, 1999, passed by the learned Presiding Officer, Labour Court, Junagadh in Reference (L.C.J.) No. 8 of 1995 whereby the learned Judge has set aside the order of dismissal of the respondent-Amirkhan Jamiyatkhan Aagvar by the petitioner-Corporation vide its order dated 22-10-1993 and directed the Corporation to reinstate the respondent on the post of a helper or a peon with continuity of service with all consequential benefits with .35% back wages.2. The facts giving rise to this petition are as under :2.1 The respondent was employed as a conductor in the service of the Corporation. It has been alleged that from 1987 to 1993 for about 19 occasions he h...
Tag this Judgment!Suresh H. Rajput Vs. Jayantilal Bhikhabhai Shah and ors.
Court: Gujarat
Decided on: Mar-22-2001
Reported in: (2001)3GLR2683
D.P. Buch, J.1. The appellant-original complainant, Food Inspector, of Vadodara Municipal Corporation has preferred this appeal under Section 378 of the Criminal Procedure Code, 1973 challenging the judgment and acquittal order of the respondents above named from the offences punishable under the different provisions of Prevention of Food Adulteration Act, 1954 by judgment and order dated 7-3-1990 recorded by the learned Judicial Magistrate First Class (Municipality), Vadodara in Criminal Case No. 157 of 1987 filed by the present appellant-original complainant Food Inspector before the said Court. The facts giving rise to the present appeal may be briefly stated as follows :2. That on 16-12-1986 at 10-30 a.m., the present appellant-original complainant Food Inspector of Municipal Corporation was on his official visit to different places in Vadodara City. He visited the premises of the present respondent. The first respondent was present there and he was dealing with sale of different a...
Tag this Judgment!Maheshkumar Narottambhai Kantharia Vs. Administrative Officer, Nagar P ...
Court: Gujarat
Decided on: Mar-22-2001
Reported in: [2002(92)FLR215]; (2001)3GLR2045
S.K. Keshote, J.1. This is a petition under Art. 226 of the Constitution of India, therein the petitioner prayed for declaration that the order dated 12-11-1990, Annexure-D passed by the respondent No. 1 without following due process of law and without holding inquiry and without affording opportunity of hearing is null, void and illegal and against provisions of Arts. 14 and 16 of the Constitution of India. The prayer has also been made for quashing and setting that order. Second prayer is made for declaration that the petitioner continues in service without break as if the order dated 12-11-1990, Annexure-D, has never come into existence and directing the authorities to pay to the petitioner his legitimate dues including arrears of salary and other monetary benefits including all service benefits as may be admissible to the petitioner.2. The facts of the case as what emerge from the petition are that the petitioner belongs to Scheduled Caste and is S.S.C., and was appointed as Tedaga...
Tag this Judgment!Natwarlal Amrutlal Shah Vs. Employees State Insurance Scheme
Court: Gujarat
Decided on: Mar-22-2001
Reported in: [2002(92)FLR753]; (2001)3GLR2474; (2001)IILLJ944Guj
J.N. Bhatt, J.1. A short, but interesting question, which has figured in this Letters Patent Appeal under Clause 15 of the Letters Patent is, as to whether the impugned order of the learned single Judge, whereby, the claim for an amount of Rs. 2,06,068/- made by the respondent-workman, who was working with E.S.I. Scheme, Ahmedabad, towards overtime wages due and payable, setting aside the order passed by the Labour Court, is justified or not, to which our answer, upon assessment and evaluation of the facts and circumstances and the principles of law is, in the negative, in favour of the workman, for the following reasons.2. At this stage, admitted aspects may be narrated so as to comprehend, fully, the merits of this Letters Patent Appeal.3. The appellant was appointed as watchman with respondent-E.S.I. Scheme, Ahmedabad (hereinafter known as 'the Corporation'). He made an application for the recovery of dues of overtime, etc. before the Labour Court. The Recovery Application No. 2082 ...
Tag this Judgment!Pritiben Devendrakumar Acharya Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Mar-22-2001
Reported in: (2001)4GLR3199
S.K. Keshote, J.1. This petition is preferred by petitioner under Article 226 of the Constitution of India and prayer has been made therein for transfer of Criminal Case No. 1384 of 1997 from the Court of Judicial Magistrate, First Class, Ahmedabad, to the Court of Judicial Magistrate, First Class, Anand, in the interest of justice.The facts of the case are that the petitioner and respondent No. 2 are the wife and husband. Their marriage was solemnized on 10th May, 1996. The respondent No. 2 started giving physical as well as mental torture to the petitioner and he also deserted her. On 8th March, 1997, between the parties, a compromise was arrived at. However, the respondent No. 2 started torturing the petitioner. Not only the petitioner's husband, but her mother-in-law and father-in-law also tortured her. Not only this, the petitioner was not given her ornaments as well as other Stridhan. She filed a complaint at Ghatlodia Police Station being C.R. No. 1-01101 of 1997. After investig...
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