Gujarat Court September 2002 Judgments
Union of India (Uoi) Vs. Rajkot Municipal Corporation
Court: Gujarat
Decided on: Sep-19-2002
Reported in: AIR2003Guj87; (2002)3GLR904
R.K. Abichandani, J. 1. In this group of matters which are filed by the Union of India, the demand notices and bills for recovery of service charges in lieu of taxes issued by the Municipal Corporations have been challenged. The question raised before us by the petitioner - Union of India is whether in view of the immunity from taxes granted under the provisions of Article 285(1) of the Constitution of India, these Corporations can issue such bills and demand notices or take coercive measures against the property of the Union of India for recovery of property taxes or service charges in lieu of such taxes. 2. The aforesaid question is raised, because in eight of these matters, Rajkot Municipal Corporation had issued such demands for recovery of such service charges in respect of properties of the Union of India housing the offices of the Accountant General, Rajkot, Post Offices and the Railway, and in the remaining matter, the Jamnagar Municipal Corporation had raised similar demand fo...
Tag this Judgment!Director, Lok Bharti and anr. Vs. Mukeshbhai C. Tanna and ors.
Court: Gujarat
Decided on: Sep-19-2002
Reported in: (2003)1GLR585
D.S. Sinha, C.J.1. Heard Mr. Shirish Joshi, learned Counsel appearing for the petitioners.2. Instant Special Civil Application under Articles 226 and 227 of the Constitution of India is directed against the order and judgment dated 8th December, 1987, passed by the Gujarat Affiliated Colleges Services Tribunal at Ahmedabad, hereinafter called 'the Tribunal', in Application No. 80 of 1987, between Mukeshbhai Chhotalal Tanna and Director, Lok Bharti, Sanosara, District Bhavnagar and others, whereby the Tribunal quashed the order dated 1st May, 1986, purporting to terminate the services of Mukeshbhai Chhotalal Tanna, the respondent No. 1 herein.3. The acts and the events constituting the facts of the case, as they emerge from the record, are these :4. Pursuant to the Resolution No. 22 dated 29th November, 1984, passed by Lok Bharti, Sanosara, District Bhavnagar, an organisation running Lok Seva Maha Vidyalaya, Sanosara, District Bhavnagar, hereinafter called 'the institution', the respond...
Tag this Judgment!Gujarat State Road Transport Corporation Vs. Ramanlal J. Naik
Court: Gujarat
Decided on: Sep-19-2002
Reported in: [2003(97)FLR1101]
Ravi R. Tripathi, J.1. Rule.Mr.M.H.Rathod, learned Advocate, appears and waives service of Rule on behalf of respondent.2. The present petition is filed by the Gujarat State Road Transport Corporation (GSRTC) being aggrieved of the judgement and award dated 7th March, 2001 in Reference (IT) No.20 of 1994 passed by the Industrial Tribunal, Ahmedabad.3. The facts giving rise to the present proceedings are that, on 17th January, 1999, the bus wherein the respondent-workman was conductor, was checked and out of 32 passengers travelling in that bus, 13 passengers were found to be without tickets. From some of them, the conductor had collected full fare, while from some of them he had collected lesser amount than the actual fare, but, tickets were not issued to any of them.3. The learned Member of the Tribunal, while appreciating the facts of the case, has recorded in paragraph-6 the details of non-issuance of tickets to various group of passengers travelling in the bus. It is also recorded ...
Tag this Judgment!Nirmalaben Waghela Vs. Raman Maheriya, Deputy Secretary, Urban Develop ...
Court: Gujarat
Decided on: Sep-18-2002
Reported in: (2003)1GLR505
D.S. Sinha, C.J.1. Heard Mr. J. R. Nanavati, learned Counsel appearingfor the applicant, and Mr. Arun D. Oza, learned Government Pleader appearingfor the opponent, at great length and in detail.2. Smt. Nirmalaben Wagheta, Ex-President of Porbander Nagarpalika, has moved instant application for initiating contempt proceedings against the opponent Mr. Raman Maheriya, Deputy Secretary to State of Gujarat, Urban Development & Urban Housing Development Department, Sachivalaya, Gandhinagar, on the allegation that by passing the order dated 3-9-2002, under the provisions of Section 263 of the Gujarat Municipalities Act, 1963, the opponent has interfered with the due course of judicial proceedings in Letters Patent Appeal No. 466 of 2002, and thereby, obstructed the administration of justice also, which amounts to criminal contempt as envisaged in the Contempt of Courts Act, 1971, hereinafter called 'the Act'.3. Mr. Nanavati, learned Counsel of the applicant, very fairly, conceded that the cas...
Tag this Judgment!Suprabhat Sahkari Bank Ltd. Vs. Star Polyfibre Industries and ors.
Court: Gujarat
Decided on: Sep-18-2002
Reported in: III(2003)BC474
Jayant Patel, J.1. The present petition is preferred by the petitioner challenging the order of the Gujarat State Coop. Tribunal so far as it relates to direction No. 3 of the operative portion of the order, whereby the Tribunal has observed that the plaintiff Bank shall recover the due amount only from defendant No. 1 firm and there is no personal liability of the partners of the defendant firm.2. I have heard Mr. Nanavati, learned Counsel for the petitioner and Mr. Gandhi, learned Counsel appearing for the respondents.3. Mr. Nanavati has submitted that as per the law, if any loan is taken by the partnership firm and decree or award if passed, the same can also be executed from the personal property of the partners, since the partnership firm has no legal entity and the partners of the firm are personally liable for any transaction entered into by the firm and, therefore, he has submitted that the matter deserves to he allowed.4. Mr. Gandhi has submitted on behalf of the respondents t...
Tag this Judgment!Citizens Co-op. Bank Ltd. Vs. Harshadkumar M. Mashru
Court: Gujarat
Decided on: Sep-18-2002
Reported in: (2003)4GLR779
Jayant Patel, J. 1. The short facts of the case are that the petitioner, which is a cooperative bank preferred Lavad Case No. 292/1987 before the Registrar's Board of Nominees, Rajkot and for the recovery of Rs. 1,68,501.01 with interest at the rate of 17.5% from the date of the suit with penal interest at the rate of 2%. In the said suit the petitioner submitted an application for attachment before judgement and it appears that the learned Nominee, on 27-5-1987 below the application for attachment before judgement Ex.4, passed the order, whereby the attachment before judgement was granted and the said order was conditional in as much as if the defendant furnishes surety of the suit amount as it may be acceptable by the petitioner-plaintiff the attachment may not be effected. Respondent No.1 stood as surety pursuant to the order attachment before judgement.2. Thereafter the petitioner bank submitted an application for impleading respondent No.1 as party defendant in the suit proceeding...
Tag this Judgment!Nareshbhai Manibhai Patel Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Sep-17-2002
Reported in: (2003)1GLR456
A.L. Dave, J.1. The revisioner is the complainant of a complaint lodged by him before Metropolitan Magistrate, Court No. 19, registered as Enquiry No. 10 of 2002, whereunder respondent Nos. 2, 3, and 4 were alleged to have committed offences punishable under Sections 464, 467, 468, 472, 474, 120B and 420 of I.P.C. The said complaint was lodged on 15-2-2002. Learned Metropolitan Magistrate, Court No. 19, Ahmedabad passed an order directing the investigation to be made by Police under Section 156(3) of Cr.P.C. The order can be translated thus :'Complaint be sent under Section 156(3) of Cr.P.C to P.S.O. Ghatlodia Police Station. P. I. Ghatlodia should send superior officer for investigation after obtaining guidance of Police Commissioner Ahmedabad. Obtain directions and after doing so the investigating officer should submit report within 30 days to the Court.'[in above order, line 4, words '.... after obtaining guidance from Police Commissioner, Ahmedabad ...' have been subsequently score...
Tag this Judgment!Rajnagar Textiles Mills No. 1 Vs. Textile Labour Association
Court: Gujarat
Decided on: Sep-17-2002
Reported in: (2003)ILLJ38Guj
ORDERJ.N. Bhatt, J. 1. The challenge in this Letters Patent Appeal by invocation of Clause 15 of the Letters Patent Act, is against the judgment and order dated February 23, 1998 rendered by the learned single Judge in Special Civil Application No. 3691 of 1997, whereby a challenge against the award of the Labour Court, confirmed by the Industrial Court came to be dismissed on two main grounds reiterated before us without any success to lead us to make departure from the view taken by the learned single judge and supported by detailed reasons. 2. It is really a travesty of justice that the employees of respondents-Textile Labour Association have yet not been able to conclude the judicial proceedings despite an agreement entered into between the parties as early as on May 24, 1983 and invocation of the jurisdiction of the Labour Court by filing an Application No. 859 of 1984 which came to be decided almost after a decade and on further challenge by the appellant before the Industrial Co...
Tag this Judgment!New India Insurance Co. Ltd. Vs. Madhavsang Nathuji Darbar and ors.
Court: Gujarat
Decided on: Sep-16-2002
Reported in: 2003ACJ1307; (2003)1GLR517
H.K. Rathod, J.1. Heard learned Advocate Ms. Megha Jani appearing on behalf of the appellant-New India Assurance Company Ltd., learned Advocate Mr. Nirav C. Thakkar appearing on behalf of the original claimants, in all these matters and learned Advocate Mr. Vibhuti Nanavati appearing on behalf of the United India Insurance Company in First Appeal No. 690 of 2002 and learned Advocate Ms. Avni Mehta, appearing on behalf of the United India Insurance Company in First Appeal No. 691 of 2002.2. Admit. Notice of admission is waived by learned Advocates appearing for the respective respondents,3. Both these appeals are filed by the appellant Insurance Company, challenging the judgment and award dated 23rd October, 2001 passed by the Motor Accident Claims Tribunal (Aux.), Jamnagar in Claim Case Nos. 451 of 1998 and 452 of 1998. The Tribunal has partly allowed the Claim Case No. 451 of 1998 and dismissed the claim in respect of opponent No. 4-United India Insurance Company. In respect of Claim ...
Tag this Judgment!United India Insurance Co. Ltd. Vs. Chhaganlal Punamchand Jain
Court: Gujarat
Decided on: Sep-16-2002
Reported in: 2005ACJ1046
H.K. Rathod, J.1. Heard learned advocate Ms. Meghaben Jani for the appellant - UNITED INDIA INSURANCE CO. LTD and Mr. Sandeep Shah, learned advocate for the original claimants. By means of this first appeal, the appellant insurance company has challenged the judgment and award made by the Motor Accident Claims Tribunal, Ahmedabad in Motor Accident Claim Petition NO. 119 of 1996 dated 28th April, 2000. Under the impugned award, the tribunal has allowed the claim petition filed by the original claimants and has directed the original opponents NO. 2 and 3 to jointly and severally pay an amount of Rs. 5,18,667.00 to the original claimants as compensation on account of the death of their son who has died on account of injuries sustained in an accident that took place on 22.10.1995 involving the offending vehicle being motor truck bearing Registration No. GR 3200 of the ownership of original opponent No. 2 and insured with the present appellant insurance company. The said opponents were also...
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