Gujarat Court September 2003 Judgments
Sameer Engineering Works Vs. District Collector
Court: Gujarat
Decided on: Sep-29-2003
Reported in: (2003)3GLR2638
K.A. Puj, J. 1 1. Special Civil Application No. 1448 of 2003 was filed by one M/s. Sameer Engineering Works, a Partnership Firm engaged in the activity of manufacturing machines like power looms and spare parts and for that purpose, the petitioner Firm has constructed a factory in area admeasuring 1511 Sq. Mtr. and 755.50 Sq. Mtr. of built up area on Final Plot No. 145/1 situated at Naroda, which is known as Old Malay Rubber Factory Compound. 2. The petitioner firm has challenged in the present petition, the high-handed action of respondent No.2 i.e. The Special Recovery Officer of the Vijay Co-Operative Bank Limited in giving possession of the premises to respondent No.4, namely, Mr. Pravinchandra Naranbhai Patel, Karta of Naranbhai N. Patel, H.U.F. and Pravinchandra N. Patel, H.U.F., Vice-Chairman of the respondent No.3 Bank, on 01.02.2003 despite the fact that on the said date, the sale was not confirmed as required to be confirmed under Section 179 of the Bombay Land Revenue Code a...
Tag this Judgment!Nigam Priyakant Maniar Vs. Reserve Bank of India
Court: Gujarat
Decided on: Sep-26-2003
Reported in: [2004]122CompCas579(Guj); [2004]54SCL437(Guj)
K.M. Mehta, J.1. Nigam Priyakant Maniar, applicant has taken out this Judge's Summons with a prayer that this Court may direct the Official Liquidator not to seal the residential premises of the applicant i.e. Flat No.18, Haridwar Apartment, 23 Patel Society, Gulbai Tekra, Ellisbridge, Ahmedabad - 06 (hereinafter referred to as the suit property') as per the order dated 20.7.2001 passed in Company Petition No.147 of 2000 by either modifying the said order or lifting direction qua his residential flat.2. The applicant has also filed Company Application 176 of 2003 in Company Petition No. 147 of 2000 in which the applicant has prayed that Shri Rajiv Vastupal Mehta may be impleaded as party opponent no.3 in Company Application No.220 of 2001 and further prayed that this Court may be pleased to summon Shri Rajiv Vastupal Mehta for his appearance before this Court on the day fixed and may examine said Shri Rajiv Vastupal Mehta in respect of the suit property and also in respect of the amoun...
Tag this Judgment!Chaudhary Jesangbhai Moghjibhai Vs. State of Gujarat
Court: Gujarat
Decided on: Sep-26-2003
Reported in: (2004)1GLR543
K.A. Puj, J. 1. The petitioner has filed this petition under Article 226 of the Constitution of India seeking direction to the respondent No.2 i.e., Mamlatdar and Agricultural Lands Tribunal, Dascroi Taluka, Ahmedabad, to decide the petitioner's application under Section 70(b) read with Section 22(o) of the Bombay Tenancy and Agricultural Lands Act, 1948 (for short 'the Act') in accordance with law and after holding trial as per the procedure laid down under the law. The petitioner has also prayed for an interim relief to the effect that the respondents may be directed to maintain status-quo and not to proceed further to allot commercial shops built upon the land in dispute to any person. 2. It is the case of the petitioner that the petitioner is a farmer having engaged in cultivation of different seasonal crops. The petitioner is having tenancy rights over the land bearing Survey No. 185/1 of Village Acher, District-Ahmedabad and cultivating the said land since 1995-96. The petitioner...
Tag this Judgment!Apar Industries Ltd. Vs. Natwarsinh Naharsinh Sindha
Court: Gujarat
Decided on: Sep-26-2003
Reported in: (2003)3GLR2701; (2004)IILLJ282Guj
P.B. Majmudar, J. 1. Since the point involved in this group of Special Civil Applications is common and since all these petitions are filed against the common Award passed by the Labour Court, Vadodara, all these petitions, filed under Article 226/227 of the Constitution of India, are decided by this common judgment.2. The point which is involved in these petitions is in connection with the status of the employees, who have been transferred from one Undertaking / Company to another Company, by an Agreement, and, ultimately, the effect of cancellation of such agreement. The concerned workmen were, initially, appointed by Apart Private Limited, a Private Limited Company, incorporated under the provisions of the Companies Act, 1956. At the relevant time, they were discharging their duties in the Welding Electrodes Division of the said Company. In the year 1987, an Agreement was entered into between the said Apart Private Limited and one Lotherme Electrodes (India) Private Limited, by whic...
Tag this Judgment!In Re: Aia Engg. (P.) Ltd.
Court: Gujarat
Decided on: Sep-26-2003
Reported in: [2004]52SCL43(Guj)
C.K.Buch, J.1. Heard ld. counsel Mr. Mihir Joshi appearing for ld. counsel Mr. Sandeep Singhi for Singhi & Co. for the petitioner Company and Ms. Davawala, Ld. Addl. Central Government Standing Counsel. Ld. counsel Mr. Mihir Joshi has taken me through the Scheme of Amalgamation of AIA Exports Pvt. Ltd. (Transferor Company) with AIA Engineering Private Limited (Transferee Company) including reduction of paid-up Share Capital whereby the Undertakings (as defined in the Scheme) of the Transferor Company shall stand transferred to and vest in the Transferee Company on the terms and conditions stated in the Scheme of Amalgamation and that the Paid-up Share Capital of the petitioner Company shall stand reduced as provided in the Scheme as integral part thereof. I have considered the contents of the petition and the totality reflected from the annexures annexed with the petition.2. The present Company Petition is filed for sanctioning the arrangement embodied in the Scheme of Amalgamation of ...
Tag this Judgment!Lilaben Varubhai Nathabhai Vaghari Vs. State of Gujarat
Court: Gujarat
Decided on: Sep-25-2003
Reported in: I(2005)DMC219
D.P. Buch, J.1. The petitioner herein has preferred this revision application u/s.397 read with s.401 of the Code of Criminal Procedure, 1973 (for short, 'the Code') in order to challenge a judgment and order dated 12/06/02 recorded by the learned Addl. Sessions Judge, Mehsana in Criminal Revision Appl.No.129/2001 under which the learned Addl. Sessions Judge allowed the said revision application and set aside an order of the learned J.M.F.C., Visnagar dated 30/08/01 passed in Cr.Misc.Appl.No.147/1999 under which the learned Magistrate granted maintenance to the petitioner u/s.125 of the said Code, at Rs.500/- per month from the date of the application and also awarded cost of Rs.10,000/- to the petitioner.2. The petitioner submitted an application u/s.125 of the said Code to the aforesaid Magisterial Court stating that the respondent herein, being the husband of the petitioner, had neglected or refused to maintain her and that the respondent had sufficient means and despite the said po...
Tag this Judgment!National Insurance Co. Ltd. Vs. Mukeshbhai Bhalchandrabhai Jani Decd. ...
Court: Gujarat
Decided on: Sep-25-2003
Reported in: II(2004)ACC310; 2004ACJ1533
Kshitij R. Vyas, J.1. The two Insurance Companies, i.e. National Insurance Company and New India Assurance Company, have challenged the order dated 25th January 2001 passed below application Exh.25 in Motor Accident Claim Petition No. 576 of 1996, whereby the Motor Accident Claims Tribunal (Aux.), Bhavnagar awarded compensation of Rs.5,21,500/under Section 163-A of the Motor Vehicles Act, 1988 (for short, 'the Act') together with interest at the rate of 12% from the date of Claim Petition Exh.1, i.e. 30th August 1996 till the date of deposit as also with the proportionate costs.2. In the Claim Petition filed by the heirs of deceased Mukeshbhai Balchandra Jani who expired in the motor accident which took place on 16.6.1996, it is averred that the deceased himself was driving the jeep on the Bhavnagar-Rajkot Highway when the accident occurred in the night hours. One Tempo (Chhakado) No. GJ-4-T-7944 was coming from the opposite direction when another vehicle - Truck bearing No.GTS-6818 tr...
Tag this Judgment!Harekrishna K. Vadhwani Vs. Vasupujya Smruti Co.-op Housing Society Lt ...
Court: Gujarat
Decided on: Sep-24-2003
Reported in: (2004)1GLR221
Jayant Patel, J.1. When Civil Application No.1552 of 2003 in Special Civil Application No.5619 of 1999 is taken up for hearing, with the consent of the parties, the main Special Civil Application itself is taken up for final hearing today.2. The short facts of the case are that the petitioner is one of the members of a Cooperative Society, which is divided into three Cooperative Societies. The original Cooperative Society was 'Vasupujya Smruti Cooperative Housing Society Ltd.' and it has been divided into 'Vasupujya Smruti Cooperative Housing Society Limited Division-1, Division-2 and Division-3. As per respondent nos.1 to 5, proper procedure was followed. It appears that a proposal was moved for division and the matter was placed before the General Body of the Society. It appears that certain members were intimated personally. However, 72 members were intimated by Under Postal Certificate (U.P.C.). The matter was considered before the General Body of the Cooperative Society and ultima...
Tag this Judgment!Jai Ambe Ice Factory Vs. Recovery Officer
Court: Gujarat
Decided on: Sep-22-2003
Reported in: AIR2004Guj99
Jayant Patel, J.1. Rule. Mr. Raval, learned Counsel for the respondent waives service of rule. With the consent of the parties, the matters are taken up for final hearing today. Since the facts are common and common questions are involved in both the petitions, they are being considered by this common judgment.2. The facts appear to be that the Verval Peoples Cooperative Bank Limited (hereinafter referred to as 'the Bank') filed Laved Suit No.92/1999 against the petitioners of SCA No.8488/2003 and the said Bank filed Laved Suit No.91/1999 against the petitioners of SCA No.8490/2003. It is the case of the petitioners that before the learned Nominee they had engaged the lawyer, but for one reason or another, the lawyer of the petitioners could not defend the suit and the learned Nominee consequently, passed ex-parte judgment and award dated 31-3-2000 in both the suits, directing the concerned defendants to pay the amounts with the interest at the rate of 17.5% plus 2% penal interest and ...
Tag this Judgment!Gopiraj Dedraj Agrawal (Gopiram Tudraj Agrawal) Vs. State of Gujarat
Court: Gujarat
Decided on: Sep-19-2003
Reported in: (2004)1GLR237
K.A. Puj, J. 1. The petition is filed under Article 227 of the Constitution of India challenging the order passed by the Joint Secretary, Revenue Department (Disputes), State of Gujarat, Ahmedabad, in Revision Application No. 46 of 1995 on 27.6.2003 whereby he has dismissed the revision application and set aside the mutation Entry No. 2526 dated 27.4.1984 inspite of the fact that in pursuance of the order of the Collector, Ahmedabad dated 5.12.1994, Mamlatdar & ALT, Dascroi Taluka held the inquiry under Section 84-C of the Bombay Tenancy and Agricultural Lands Act, 1948 (for short 'the Tenancy Act') by registering Case No. 112 of 1994.2. It is the case of the petitioners that the petitioners have purchased the land bearing Survey No. 1525/65 situated in the Sim of Village Ognaj from its owner Madhukantaben Asharam and others by Registered Sale Deed dated 17.10.1979. The said transaction of sale has been certified by the mutation Entry No. 1933 on 18.10.1979. There is another land beari...
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