Gujarat Court January 2002 Judgments
Savitaben, D/O Shamjibhai Zala and W/O Babubhai Wadodara Vs. Babubhai ...
Court: Gujarat
Decided on: Jan-21-2002
Reported in: II(2003)DMC249
B.J.Shethna, J.1. This appeal was listed before us on 18-1-2002. On that day learned counsel Shri. Vyas for respondent appearing on caveat filed sick note, therefore it was kept today. Today, in place of Shri. Vyas, learned counsel Shri. Utpal Panchal appeared for the respondent husband.2. Admit. Learned counsel Shri. Panchal for respondent-husband waives service of notice. At the joint request of learned counsel for the parties, this appeal is heard and decided today.3. Respondent-husband Babubhai Punabhai Wadodara filed H.M.P. No. 355 of 1996 against his wife - present appellant/ Savitaben before the Court of City Civil Judge, Ahmedabad, seeking decree of divorce, on the ground of desertion by his wife. Notice was ordered to be issued in that petition and after service of notice the appellant-wife appeared before the learned Judge and applied for adjournment through her advocate. However, thereafter, learned advocate appearing for the appellant-wife did not file his appearance and af...
Tag this Judgment!Deputy Executive Engineer, Panchayat Sub Division-2 Vs. Jitendrakumar ...
Court: Gujarat
Decided on: Jan-21-2002
Reported in: [2002(95)FLR445]
H.K. Rathod, J. 1. Heard learned advocate Ms. Sejal K. Mandavia for the petitioner and Mr. Amar Mithani for the respondent workman. Rule. Service of rule is waived by Mr. Amar Mithani, the learned advocate for the respondent workman. In the facts and circumstances of the case, the matter has been taken up for final hearing today itself, with the consent of the learned advocates for the parties. 2. By way of this petition, the petitioner has challenged the judgment and award made by the labour court, Junagadh dated 5.10.2000 in Reference (LCJ) No. 86 of 1994 whereby the labour court has allowed the said reference in part and has ordered to reinstate the respondent workman with continuity of service and with 20 per cent of the back wages for the intervening period.3. In this petition, notice was issued by this court on 19.9.2001 by making it returnable on 3.10.2001 and interim relief in terms of para 10(C) of the petition was also granted. In this petition, the respondent workman has fil...
Tag this Judgment!Shital C. Joshi Vs. Gujarat State Road Transport Corporation
Court: Gujarat
Decided on: Jan-21-2002
Reported in: (2003)4GLR674
K.M. Mehta, J. 1. Shri Shital C. Joshi and others have filed this petition challenging the decision of the Gujarat State Road Transport Corporation (hereinafter referred to as `Corporation') cancelling the Select List for the post of conductor dated 12.12.1997. The petitioners further prayed that the Corporation be directed to revive the Select List for the post of conductor dated 12.12.1997 and to operate and implement the same by way of writ of mandamus or by any other writ, directions in this behalf. The petitioners further prayed that this court may be pleased to quash and set aside the non-selection of all the petitioners by the Selection Committee met on 27.8.1998 to 30.8.1998 and further direct the respondents to select all the petitioners for the post of conductors and appoint them according to Select List dated 12.12.1997 in this behalf. This petition was filed on 4.9.1998 and thereafter the court has issued notice and also partly granted interim relief.2. The facts giving ris...
Tag this Judgment!B.B. Pathak Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Jan-18-2002
Reported in: (2002)4GLR3055
K.A. Puj, J.1. The petitioner, in this petition, has challenged the dated 5-12-1986 as well as the dated 26-4-1988 on the ground that the dated 5-12-1986 was passed without hearing the petitioner and in violation of the principles of natural justice. According to the petitioner, the dated 26-4-1988 was passed by the respondent without giving any reason whatsoever. The petitioner has, therefore, prayed for quashing and setting aside of these two Orders. The petitioner has prayed for an interim relief to the effect that the respondent be directed to get one post vacant for the petitioner.2. The petitioner has stated in the petition that he was appointed as Supervisor (Civil) on 1-11-1969 and he had joined his duties on 6-11-1969. The petitioner has further stated that pursuant to the letter dated 24-9-1971 issued by the Additional Collector, Songadh, he appeared before the Selection Committee and he was taken on the regular post with effect from 25-11-1971. It is the case of the petition...
Tag this Judgment!Gujarat State Road Transport Corporation Vs. Kalubhai H. Valand
Court: Gujarat
Decided on: Jan-18-2002
Reported in: [2002(94)FLR427]; (2002)4GLR2953
D.H. Waghela, J.1. By way of this petition under Articles 226 and 227 of the Constitution, the petitioner-Gujarat State Road Transport Corporation- has challenged the award of the Industrial Tribunal, Vadodara in Reference (IT) No.20 of 1998 whereby an heir of its employee is ordered to be employed from the date of his application, i.e. 23.7.1992, with backwages from that date under the scheme for compassionate appointment.2. The simple undisputed and relevant facts to be culled out from the record are that a conductor, namely, Kalubhai H. Valand was, after service of 22 years, discharged from service from 6.6.1992 on the basis of his permanent unfitness consequent to loss of eyesight. An application dated 23.7.1992 was, therefore, made to take his youngest son as a clerk in employment of the petitioner, who was aged 23 and matriculate at that time. The claim was based on a condition of the settlement and a general standing order applicable to the case. The demand having not been acced...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Ketanbhai Bhagvandas Shah and ors.
Court: Gujarat
Decided on: Jan-16-2002
Reported in: 2002ACJ1477; (2002)1GLR696
Y.B. Bhatt, J. 1. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the said Act') at the instance of the Insurance Company challenging the judgment and award passed by the Motor Claims Petition No. 662 of 1995 dated 27th April, 2001. This Court had issued notice for summary disposal in response to which learned Counsel Mr. Prachchhak has appeared on behalf of respondent No. 1original claimant, who was also the driver of the scooter in question. Other respondents are absent though served.2. Appeal admitted. Mr. Prachchhak waives service of notice in the appeal on behalf of the respondent No. 1-original claimant.3. As aforesaid, this is an appeal by the Insurance Company challenging the aforesaid award contending that the Insurance Company is not liable to satisfy the award on the ground that the second respondent, who was the driver of the offending vehicle insured by the appellant insurer, had violated one of the essential terms and condi...
Tag this Judgment!Minaben Merabhai and anr. Vs. State of Gujarat
Court: Gujarat
Decided on: Jan-16-2002
Reported in: II(2003)DMC10; (2002)2GLR1662
K.R. Vyas, J. 1. The appellants who are the original accused Nos. 1 and 2, in this appeal, have challenged the judgment and order of conviction dated 2-4-1993 passed in Sessions Case No. 29 of 1986 by the learned Addl. Sessions Judge, Bhavnagar, convicting them for offence punishable under Section 302 read with Section 34 of the I.P.C. and sentencing to undergo R. I. for life. It may be stated that the original accused No. 3 who was charged for offence punishable under Section 323 of I.P.C. was also tried along with the appellants. However, the learned Addl. Sessions Judge, Bhavnagar acquitted him by the impugned judgment. The appellants are the mother-in-law and sister-in-law of deceased Gauri while the original accused No. 3 is the husband of the deceased. All the accused were tried together for causing unnatural death of the deceased. As far as the appellants are concerned, it was alleged against them that on 4-10-1985 at about 11-30 a.m., in furtherance of their common intention to...
Tag this Judgment!V.D. Barot Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jan-16-2002
Reported in: (2002)4GLR3734
K.M. Mehta, J.1. D. Barot-petitioner herein has filed this petition for a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, direction or Order, quashing and setting aside the impugned Order of discharge dated 13-1-1999 passed by the Special Additional Police Officer, Rajkot discharging the petitioner from service. The petitioner further prayed that this Court may direct the respondent-State of Gujarat through the Secretary, Home Department and direct the Director General of Police, Gujarat State to reinstate the petitioner with consequential benefits and back wages. He further prayed that this Court may also quash and set aside the Order dated 1-10-1999 passed by the Special Police Officer, Rajkot rejecting the representation of the petitioner. The petitioner further prayed that this Court may also direct the respondents to treat the petitioner as having been confirmed in service on 14-6-1998 when his probation period was wrongly extended for six month...
Tag this Judgment!Jivan Ganpati Vs. P.K. Menon or His Successor-in-office
Court: Gujarat
Decided on: Jan-15-2002
Reported in: (2002)2GLR1126
Sharad D. Dave, J. 1. The petitioner who was serving as a police constable with Central Reserve Police Force (hereinafter referred to as C.R.P.F.) has challenged his dismissal from service and prayed for quashing and setting aside the order of dismissal and to reinstate him with all consequential benefits, back wages etc.2. The short facts of the petitioner's case are as under : The petitioner was recruited as a police constable on 2-4-1969 in the C.R.P.F. and he worked as such until he came to be dismissed from service by the order dated 20-4-1988 by the respondent No. 1. Against the order of dismissal, the petitioner preferred an appeal before respondent No. 2 who rejected the same by the order dated 1-11-1988. The petitioner has challenged the order of dismissal as confirmed by the Appellate Authority on the ground that on 12-4-1988 a complaint was filed by the Assistant Commandant, G. C., P.K.E.. C.R.P.F. Gandhinagar against the present petitioner for offence punishable under Secs....
Tag this Judgment!Jyoti Motors Vs. Industrial Credit and Development Syndicate Ltd.
Court: Gujarat
Decided on: Jan-15-2002
Reported in: (2002)4GLR3554
K.M. Mehta, J. 1. M/s. Jyoti Tractors - petitioner has filed this revision application under Section 115 of the Code of Civil Procedure challenging the judgment and order dated 25.5.2000 passed by the learned 5th Joint Civil Judge (S.D.) Rajkot, in Civil Application No.96 of 1999 filed by the petitioner-applicant for condonation of delay in filing the main application. The learned Judge was pleased to reject the application of the petitioner being Misc.Application No.96 of 1999 for condonation of delay in filing the objection application to the award dated 15.5.98 passed by Arbitrator Shri B.I.Sharma, Advocate of Udupi in Arbitration Reference Case No.17 of 1997 under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as `the Act').2. The facts giving rise to this revision application are as under:-2.1 The petitioner entered into a Hire Purchase Agreement with the respondent No.1 herein for purchasing Dumper Trucks of Swaraj Mazda. The instalments were pa...
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