Gujarat Court March 2002 Judgments
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Sureshchadra V. Parekh Vs. H.D.F.C. Ltd.
Court: Gujarat
Decided on: Mar-13-2002
Reported in: (2003)4GLR3625
K.M. Mehta, J.1. Sureshchandra V. Parekh the appellant - herein original plaintiff - Party in person has filed this First Appeal against the judgment and decree dated 30-8-2000 in Civil Suit No. 3225 of 1998. In this case, the grievance of the plaintiff is against passing of the Resolution No. 11 in the Annual General Meeting fixed to be held on 10-7-1998. After considering the reply filed by the H.D.F.C. the respondent herein, the trial Court held that the plaintiff has claimed a relief that the Resolution in question shall not be passed in the Annual General Meeting to be held on 10-7-1998. The date 10-7-1998 has already gone, and therefore, even if the plaintiff proves the allegations made in the suit, no effective relief can be granted. In view of the same the suit was dismissed.Facts2. The plaintiff has filed the suit in the year 1998 in his capacity as a shareholder. In the suit the plaintiff has claimed the following relief:(A) The Hon'ble Court will be pleased to grant an injun...
State of Gujarat Vs. Sushilaben Prabhudas Tanna
Court: Gujarat
Decided on: Mar-11-2002
Reported in: (2002)2GLR1526
B.J. Shethna, J. 1. The State of Gujarat has filed this Misc. Criminal Application against the impugned common judgment and order dated 28-9-2001 passed by Shri V. B. Mayani, learned Additional Sessions Judge, Jamnagar in Misc. Criminal Application No. 478 of 2001 and Misc. Criminal Application No. 479 of 2001, whereby the learned Judge rejected the Misc. Criminal Application No. 479 of 2001 filed by accused Kamlesh Prabhudas Tanna but allowed the application filed by accused Sushilaben Prabhudas Tanna, who is aged 57 years and ordered to release her on bail for the offences punishable under Sections 304-B, 498-A, 306/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act, registered as Crime Register No. I-430 of 2001 with Jamnagar City B Division Police Station.2. Shri K. C. Shah, learned A.P.P., for the applicant vehemently submitted that in the instant case, the same learned Additional Sessions Judge, Shri V. B. Mayani dismissed the anticipatory bail application bei...
Gujarat State Road Transport Corporation Vs. A.M. Shaikh
Court: Gujarat
Decided on: Mar-11-2002
Reported in: (2002)2GLR1807
H.K. Rathod, J. 1. Heard learned Advocate Mr. Shah for the petitioner. By way of this petition, the petitioner is challenging the award made by the Industrial Tribunal at Nadiad in Reference (IT) No. 456 of 1998 (Old No. 393 of 1994) dated 8th August, 2001 wherein the Industrial Tribunal, Nadiad has granted benefit of permanency with all consequential benefits to the Off-Day Reliever Watchman with effect from 14th October, 1994 and from the date of completion of 240 days from the date of initial appointment and retirement benefits were also ordered to be granted by the Tribunal.2. Learned Advocate Mr. Shah has submitted that the written statement to the statement of claim was filed by the petitioner-Corporation wherein it was contended that the appointment of the respondent-workman was back-door entry since he was not selected by the selection committee in accordance with the recruitment procedure and service rules of the S.T. Corporation and on that basis, it was contended before the ...
Biren Padhya Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Mar-11-2002
Reported in: (2002)3GLR23
B.C. Patel, Actg. C.J.1. This petition is filed by the petitioner for quashing and setting aside the decision dated 7-11-2001. It also prayed to constitute Wild Life Advisory Board under Section 6 of the Wild Life (Protection) Act, 1972 (hereinafter referred to as 'the Act').2. From the record, it transpires that one Special Civil Application No. 2583 of 2001 was filed before this Court and the Division Bench of this Court while disposing of the said petition directed as under :'The Wild Life Advisory Board while deliberating the subject in its meeting, shall take a formal decision and convey the same to the State Government within an outer limit of two months from the date of its meeting. Before taking such decision the Board shall also grant due opportunity of hearing in the matter to both the parties and permit them to place their point of view and the material and information or study with them, on the subject.'3. It is submitted by the petitioner that the decision is produced on r...
Bharatbhai K. Patel Vs. C.L. Verma (Since Decd.) Through P.O.A. Surjit ...
Court: Gujarat
Decided on: Mar-08-2002
Reported in: 2002CriLJ3469; (2002)2GLR1713
C.K. Buck, J. 1. This is a petition filed under Section 482 of Cr.P.C. against the complaint, whereby the original accused of the complaint being Criminal Case No. 1010 of 1998 filed by the respondent No. 1, Mr. C. L. Verma through Power of Attorney holder in the Court of Metropolitan Magistrate, Ahmedabad (Court No. 3) for the offence punishable under Section 138 of Negotiable Instruments Act has prayed that the complaint and the criminal case registered be quashed and set aside. A private complaint has been filed by the Power of Attorney holder Mr. Surjeet Singh Macker, on behalf of Mr. C. L. Verma. Mr. C. L. Verma was Chairman of Continental Textile Mills Limited, situated at Naroda road, Ahmedabad. After recording the statement on oath of Mr. Surjeet Singh Macker, the Metropolitan Magistrate issued process of the above referred punishable offence. Certified copy of Power of Attorney produced by the complainant before the Metropolitan Magistrate Court is available at Annexure-B. It ...
Swastik Technomech Pvt. Ltd. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Mar-08-2002
Reported in: (2002)3GLR138
R.R. Tripathi, J.1. The present petition is filed by the petitioner-Company challenging the order of reference dated 9-8-2001, a copy of which is produced at Annexure-K to this petition.2. To appreciate the controversy involved in the petition, few facts are necessary.2.1 The respondent-workman with two other workmen stopped reporting for duty on 5-1-2001. The petitioner-Company wrote a letter on 8-1-2001 asking the respondent workman to resume duty, copy of the said letter is produced at Annexure-A. The petitioner-Company wrote another letter on 11-1-2001 by Regd. Post A.D., a copy of which is produced at Annexure-B. Though both these letters were addressed to the same address only letter dated 11-1-2001 was served while the earlier has returned to the petitioner-Company.2.2 The petitioner-Company received a notice from the Assistant Commissioner of Labour dated 8-1-2001, intimating that the hearing of the conciliation proceedings was fixed on 30-1-2001. The petitioner- Company, wrote...
Manoj L. Abhani Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Mar-08-2002
Reported in: (2003)4GLR3074
K.A. Puj, J.1. By this petition under Article 226 of the Constitution of India, the petitioner has prayed for a writ of mandamus or any other writ, order or direction, directing the respondents to appoint him forthwith on compassionate ground as per the policy of the Government. The petitioner has challenged the inaction of the respondents for not giving employment to the petitioner on compassionate grounds on account of death of his father who was in the employment of the respondent No. 2 and died during his employment with the respondents.2. The brief facts, as stated in the petition, are that the petitioner's father, namely Liladharbhai Jamnadas Abhani was serving as a Senior Clerk in the G.P. High School, Mendrada, and after putting continuous service of more than 15 years, the petitioner's father expired on 2-1-1982 while he was in the employment. At the time of death of the petitioner's father, the petitioner was minor, and hence, he was not entitled to get the employment in plac...
Balubhai G. Makwana Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Mar-08-2002
Reported in: (2002)4GLR2940
K.A. Puj, J.1. The petitioner, in this petition, has sought the mandatory relief from this Court directing the respondent-authorities to treat the impugned action on the part of the respondents in not regularising the services of the petitioner and in terminating the services of the petitioner by adopting the modus operandi of 29 days appointment, as illegal, unjust, arbitrary, discriminatory, unconstitutional and non-est in the eye of law and has further sought directions to the respondents to treat the petitioner in continuous services of the respondents right from the initial entry of the petitioner in the service of the respondents. The petitioner has further prayed for a declaration from this Court to the effect that the Order s creating artificial break in the service of the petitioner, after his initial appointment, as illegal, non-est and of no effect whatsoever and to treat the services of the petitioner as continuous for all purposes. Lastly, the petitioner has prayed for dir...
In Re: I.C.i.C.i. Bank Ltd.
Court: Gujarat
Decided on: Mar-07-2002
Reported in: [2002]112CompCas291(Guj); [2003]42SCL5(Guj)
M.S. ShAH, J.1. This is a petition filed by ICICI Bank Limited under Sections 391 to 394 of the Companies Act, 1956, to obtain sanction of this court to the arrangement embodied in the scheme of amalgamation of ICICI Limited (hereinafter referred to as 'ICICI'), ICICI Capital Services Limited (hereinafter referred as 'ICICI Capital') and ICICI Personal Financial Services Limited (hereinafter referred to as 'ICICI PFS') (all the three companies are hereinafter collectively referred as the 'transferor-companies') with ICICI Bank Limited (hereinafter referred to as 'ICICI Bank' or 'the transferee-company' or 'the petitioner-company').2. As the name itself suggests, the petitioner-company is a banking company, a private sector commercial bank. ICICI Bank, an affiliate company of ICICI, offers products and services which largely complement the products and services offered by ICICI and other transferor-companies. The ICICI group, which comprises ICICI, its subsidiaries and other affiliate c...
Kishorbhai Dahyabhai Solanki Vs. Nagjibhai Muljibhai Patel
Court: Gujarat
Decided on: Mar-07-2002
Reported in: (2002)IILLJ1034Guj
ORDERJayant Patel, J.1. In all these matters the common question that arises for the consideration of this Court is:Whether filing of petition under Contempt of Courts Act, 1971 (hereinafter referred to as 'Contempt Act') before this Court directly is the only remedy for the purpose of ensuring that the awards or the other orders passed by the Labour Courts or the Industrial Tribunal, as the case may be, are implemented? Or Are there provisions made under the Industrial Disputes Act, 1947 (hereinafter referred to as 'I.D. Act') for ensuring the execution of awards or orders made by the Labour Courts or Industrial Tribunal? 2. Before we examine the various arguments raised by the learned counsel for the petitioners, it is necessary to consider certain basic facts which are stated in the petitions. 3. In all these petitions, the Labour Courts have passed the awards under the provisions of I.D. Act, and it is the contention of the petitioners that the awards are duly published as per the...
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