Gujarat Court October 2003 Judgments
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Deepak N. Chhatrapati Vs. Gujarat State Warehousing Corporation
Court: Gujarat
Decided on: Oct-06-2003
Reported in: (2004)2GLR985; (2004)IILLJ865Guj
B.J. Shethna, J.1. All these matters are arising out of the Judgment and order dated 11.4.2001, passed by Kundan Singh, J. in Special Civil Application No. 10643 of 1994, whereby the learned Single Judge dismissed the petition challenging the impugned order of dismissal dated 27.6.1994 passed by the Managing Director, Gujarat State Warehousing Corporation (for short 'the Corporation'), however, partly allowed the petition to the extent of interest on the contribution made by the petitioner towards his Provident Fund from 1994 till 1999 as well as the contribution made by the respondent Corporation towards Provident Fund of the petitioner together with interest as permissible under 1971 Regulation. Later part of the Judgment and order passed by the learned Single Judge, allowing the writ petition in part, is challenged by the Appellant Corporation by way of Letters Patent Appeal No. 1057 of 2001, whereas the Appellant - original petitioner challenged the part of the order passed by the ...
A.A. Bhoira, Retireed by Engineer Vs. State of Gujarat
Court: Gujarat
Decided on: Oct-06-2003
Reported in: [2004(101)FLR947]; (2003)3GLR2756
H.K. Rathod, J. 1. Heard learned advocate Mr. Mukul Sinha for petitioner and learned AGP Mr. N.D.Gohil appearing on behalf of respondent.2. The brief facts of the present petition are as under.2.1 The petitioner was working as a Deputy Engineer in the Public Works Department. He was served with a charge sheet dated 7.7.1972 alleging that he was guilty of negligence in supervising the work of subordinate Junior Engineer and as such he was placed under suspension w.e.f. 1.10.1973. Thereafter departmental inquiry was conducted and, the respondent Government, by order dated 13.4.1977 quashed the departmental proceedings. Then respondent had, in the meantime, issued another charge sheet dated 8.12.1972 and terminated the service of the petitioner by order dated 24.1.1979. The petitioner, therefore, challenged the termination order by filing Special Civil Application No. 2638 of 1979 wherein this Court by order dated 24.12.1981 had quashed and set aside the order of dismissal and had further...
Bank of Baroda Vs. Nadiad Machinery and Electrical Merchant Credit Co- ...
Court: Gujarat
Decided on: Oct-01-2003
Reported in: (2004)1GLR50
M.S. Shah, J.1. This group of Letters Patent Appeals is directed against the judgment and order dated 2.5.2000 of the learned Single Judge in Special Civil Application Nos. 3196 to 3217 of 1998 and connected petitions. The writ petitions were filed by co-operative banks/co-operative societies which are respondents herein. Some of the co-operative banks/societies have filed more than one petitions in respect of different fixed deposit receipts. Common contentions have been urged in all these appeals. Accordingly, the appeals were heard together and are being disposed of by this common judgment.Proceedings before the learned Single Judge2.0 The facts leading to filing of the petitions are as under :-2.1 The petitions were filed by 22 co-operative banks or co-operative credit societies for directing Bank of Baroda and Indian Bank (hereinafter referred to as 'the appellants' or 'the Nationalized Banks') to refund the amounts of fixed deposit receipts which the petitioners had invested with...
Satishkumar Babulal Shah Vs. Sarfarazkhan G. Pathan and ors.
Court: Gujarat
Decided on: Oct-01-2003
Reported in: (2004)1GLR767
R.K. Abichandani, J. 1. Both these appeals are directed against the common judgment and order dated 8th February, 1984, passed by the learned single Judge in Special Civil Application No. 1089 of 1980 and Special Civil Application No. 1965 of 1980 by which the petitions were allowed by declaring that the present respondents-original petitioners were senior to appellants in the cadre of Junior Clerk and their seniority was to be respected for the purpose of Regulation 17 of the Regulations framed under Section 465 of the Bombay Provincial Municipal Corporations Act, 1949, prescribing the conditions of service of the Municipal officers and servants. It was directed that the Municipal Corporation shall examine the question of promotions of the original petitioners in light of such seniority and the provisions of Regulation 17 and if they were otherwise found entitled to promotion in terms of Regulation 17, their cases will be considered for actual salary from 1-1-1980, but all other benef...
Surjitsing Acchalsing Vs. Motilal Hiralal Warehouse and Estate Ltd.
Court: Gujarat
Decided on: Oct-01-2003
Reported in: (2004)1GLR4
R.K. Abichandani, J.1. This revision application filed under Section 29(2) of the Bombay Rents, Hotel & Lodging House Rates Control Act, 1947 (hereinafter referred to as 'the said Act') has been placed before this Division Bench pursuant to the order dated 11-10-2001 made by the learned single Judge stating that the view taken by a single Judge of this Court in Shantaben Harilal Brahmbhatt v. Hasmukhlal Maneklal Chokshi, reported in : (2001)2GLR1615 , was inconsistent with the principle enunciated by the Supreme Court in V. Dhanapal Chettiar v. Yasodai Ammal, reported in : [1980]1SCR334 .2. A contention was taken up before the learned single Judge in the revision application that the suit of the respondent for eviction was not maintainable, because contractual tenancy of the petitioner was not terminated by serving any notice determining the tenancy under Section 106 of the Transfer of Property Act, 1882. The petitioner, in support of this contention, relied upon the decision of this C...
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