Gujarat Court August 2003 Judgments
In Re: Patels Airtemp (India) Ltd.
Court: Gujarat
Decided on: Aug-28-2003
Reported in: [2004]49SCL340(Guj)
C.K. Buch, J. 1. Heard the learned counsel for the petitioners and Ms. P.J. Davawala, Addl. Standing Counsel for Central Government. Ms. Davawala has tendered today the letter dated 3-7-2003 received by her from the Registrar of Companies, Gujarat State, Ahmedabad along with the letter dated 27-6-2003 received by her from the Regional Director, Government of India, Ministry of Finance and Company Affairs. These letters are taken on record.2. These are the petitions filed by two petitioner companies for sanction of a scheme of arrangement in the nature of de-merger and transfer of Vatva Division of Patels Airtemp (India) Limited (the De-merged/ Transferor Company) to Patels Airflow Limited (the Resulting/Transferee Company) under Section 391 read with Section 394 of the Companies Act, 1956.3. Both the petitioner companies are public limited companies. The Demerged/Transferor company (PAT) is engaged in manufacturing of wide range of Equipments like Heat Exchangers, Industrial Fans and b...
Tag this Judgment!In Re: Search Chem Industries Ltd.
Court: Gujarat
Decided on: Aug-28-2003
Reported in: [2006]129CompCas471(Guj)
C.K. Buch, J.1. Heard learned counsel for the petitioners Mrs. Swati Soparkar and Ms. P.J. Davawala learned additional standing counsel for the Central Government.2. Ms. Davawala has tendered today the letter dated August 21, 2003, received by her from the Registrar of Companies, Gujarat, Ahmedabad, sending therewith the xerox copy of the letter dated July 3, 2003 and the letter dated August 13, 2003, of the Regional Director, Government of India, Ministry of Finance, Department of Company Affairs. These letters are taken on record.3. These are the petitions filed by the two petitioner companies for sanction of a scheme of arrangement in the nature of demerger and transfer of the manufacturing division of United Phosperous Ltd. (the demerged/ transferor company) with Search Chern Industries Ltd. (the resulting/transferee company) under Section 391 read with Section 394 of the Companies Act, 1956.4. Both the petitioner companies are public limited companies. The demerged/transferor comp...
Tag this Judgment!Vahidbhai Saiyadbhai Sheikh Vs. State of Gujarat
Court: Gujarat
Decided on: Aug-28-2003
Reported in: 2004CriLJ1061; (2004)1GLR585
J.R. Vora, J. 1. By way of this special civil application, the petitioner has challenged the order passed by the District Magistrate, Ahmedabad on 22.2.2003 in exercise of powers under sec. 3(1) of the Prevention of Blackmarketing & Maintenance of Supplies of Essential Commodities Act, 1980 (hereinafter referred to as 'the PBM Act' for short) directing detention of the present petitioner under the above said Act because the District Magistrate, Ahmedabad acting under the Act came to the satisfaction that it was necessary to prevent the petitioner from acting in any manner prejudicial to maintenance of supplies of essential commodity like kerosene essential to the community. The petitioner came to be detained in pursuance of the above said order from 31.3.2003. 2. The grounds which are served upon the detenu and placed on record reveal that the Government for the supply of essential commodity like kerosene has made arrangements to supply 12 liters of kerosene to ration card holders at R...
Tag this Judgment!Nayankumar Rajnikaben Trivedi Vs. District Education Officer Anand
Court: Gujarat
Decided on: Aug-27-2003
Reported in: AIR2004Guj53
Jayant Patel, J. 1. Leave to delete respondent no.2. Accordingly the name of respondent no.2 stands deleted.2. Rule. Mr. Desai waives service of notice of rule on behalf of respondent no.1 and Mr. A.D. Oza, learned GP waives service of notice of rule on behalf of respondent no. 2. With the consent of the respective parties, the matter is taken up for final hearing today.3. The only question involved in this petition is whether the petitioner should be allowed to assert his right as per the Adoption Deed dated 7th April 2000 or not.4. The short facts of the case is that the mother of the petitioner got married with one Shri Rafiuddin Kazi and after the birth of the petitioner the custody of the petitioner was delivered to one Ms. Rajnikaben Trivedi. The petitioner was formerly known as Kazi Moinoddin Rafiyuddin and it is the case of the petitioner that since the petitioner has embraced Hindu religion on account of his care being taken by Rajnikaben, the petitioner has adopted the name o...
Tag this Judgment!Indian Red-cross Society Vs. Vidyaben H. Vyas
Court: Gujarat
Decided on: Aug-27-2003
Reported in: (2003)3GLR2684; (2004)ILLJ802Guj
H.K. Rathod, J. 1. In both these petitions, on behalf of the petitioner learned advocate Mr. K.M. Thakkar is appearing and learned advocate Mr. P.V. Hathi is appearing on behalf of the respondent No.1.2. In both the petitions, the petititoner-Society has challenged the order passed by the controlling authority as well as the appellate authority under Payment of Gratuity Act, 1972 ('the Act' for short). At the time of issuing notice by this Court in both the petitions, this Court has passed the following order:'Notice returnable on 1.11.93. The petitioner to deposit the entire amount as per the award of the controlling authority. The amount to be deposited before 1.11.93 before the controlling authority. On complying with the aforesaid direction, ad interim stay in terms of para 10(B). The learned counsel for the petitioner assures that the amount will be deposited.'The aforesaid order has been passed by this Court on 11.10.1993. Then this Court has issued Rule on 19.8.1994. The order p...
Tag this Judgment!Remani Menon Vs. K.G. Omnakuttan Superintending Engineer
Court: Gujarat
Decided on: Aug-27-2003
Reported in: (2004)1GLR200
Jayant Patel, J. 1. The short facts of the case are that petitioner No. 1 is the alleged wife and petitioner No. 2 is the daughter born during the wedlock of petitioner No. 1 and the respondent on 18-4-1988. The respondent husband is serving as Superintending Engineer (Production) in Oil and Natural Gas Commission (ONGC) It appears that the petitioner preferred petition in the Family Court for getting permanent maintenance of Rs. 20,000/= per month and other reliefs alleging that the petitioner has no independent sources of income and the respondent has left the petitioner and her daughter. It is alleged in the application that the respondent husband is serving in ONGC on a very high post and the income of the respondent is about Rs. 40,000/= per month as salary. The petitioner submitted in the said proceedings, an application Ex.4 for interim maintenance of the same amount of Rs. 20,000/= per month and in the said interim application, the petitioner had also prayed for permanent injun...
Tag this Judgment!Sureshkumar G. Bhatt Vs. Sidhpur Municipality
Court: Gujarat
Decided on: Aug-27-2003
Reported in: [2004(101)FLR849]; (2004)1GLR557
R.K. Abichandani, J.1. The petitioner challenges the resolution No.61, at Annexure 'F' to the petition, passed by the municipality appointing the respondent No.3 to the post of Shop-Inspector.2. According to the petitioner, he was recruited as a clerk in the municipality from 8th January 1988 after selection by the staff selection committee. The petitioner was a graduate in arts and also a graduate in law. According to him, he was senior to the respondent No.3 in the cadre of clerks. On a vacancy arising in the post of Shop Inspector, the petitioner addressed a letter on 24th August 1993 to the Administrator of the municipality for being considered for the post in view of his qualifications. However thereafter, by the impugned resolution, the respondent No.3 was appointed as the Shop-Inspector in the pay-scale of Rs.1400 - 2600.3. The contention of the petitioner is that the respondent No.3 was not qualified for the said appointment, because, he was not a graduate and had studied only ...
Tag this Judgment!SarfuddIn Suleman Vs. State of Gujarat
Court: Gujarat
Decided on: Aug-26-2003
Reported in: 2004CriLJ725
H.H. Mehta, J.1. Rule. Service of rule is waived by Mr. P.R. Abichandani, learned APP for the respondents. Having regard to the facts stated in this application, this application is taken up for final hearing today.2. The petitioner - convict - Sarfuddim Suleman Fakir, who is undergoing different sentences including sentence of life imprisonment and who is lodged in Central Jail, Sabarmati, Ahmedabad has, by forwarding this application to this Court through Dy. Supdt., Central Jail, Ahmedabad requested this Court to pass appropriate orders directing all the sentences to run concurrently in following two cases.[1] Special Case No.77 of 2001 :-The present petitioner was accused No.4. At the end of the trial, the learned special Judge (Atro.), Ahmedabad (Rural), Ahmedabad, by rendering his judgment dated 24.10.2001 convicted the present petitioner (accused No.4) along with the other co-accused. By that judgment, the present petitioner (accused No.4) was convicted for the offences punishab...
Tag this Judgment!Orient Abrasives Ltd. Vs. Gujarat Electricity Board
Court: Gujarat
Decided on: Aug-22-2003
Reported in: (2004)1GLR482
A.L. Dave, J.1. The petitioner, which is a public limited company registered under the Companies Act and consumer of electricity supply of respondent No.1, has preferred this petition under Article 226 of the Constitution of India to challenge the constitutional validity of Section 24 of the Indian Electricity Act and the decision of respondent No.1 not to consider grant of relaxation in the minimum consumption bill if the interruption in power supply is not more than 30 hours in a month, if it has not affected the 'load factor' on account of interruption in power supply. The petitioner also challenges notice issued by respondent No.2 to the petitioner calling upon them to make the payment or to face disconnection of the power supply.2. The case of the petitioner is that the petitioner is a company engaged in manufacture of Abrasives Calcined Bauxite and other allied products at the GIDC Industrial Estate, Porbandar. The manufacturing process is such that it has to be run continuously ...
Tag this Judgment!Koli Bhopa Premji Vs. State of Gujarat
Court: Gujarat
Decided on: Aug-19-2003
Reported in: (2004)1GLR592
H.H. Mehta, J.1. The appellant has, by filing this Criminal Appeal under Section 374(2) of Criminal Procedure Code, 1973 (for short 'Cr.P.C.') challenged the correctness, legality and validity of the judgment, Ex.64 dated 15.01.1998 rendered by the learned Additional Sessions Judge, Surendranagar (who will be referred to hereinafter as 'the learned Judge of the trial Court') in Sessions Case No.4 of 1996, by which the appellant has been convicted under Section 235(2) of Cr.P.C. for offences punishable under Section 302 of the Indian Penal Code, 1860 (for shot the 'I.P.C.) and under Section 135 of Bombay Police Act, 1951 and is sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.250/-- and in default of payment of fine, to undergo further rigorous imprisonment for three months for an offence punishable under Section 302 of I.P.C. and also to undergo simple imprisonment for one month and to pay a fine of Rs.250/-and in default of payment of fine, to undergo furthe...
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