Gujarat Court April 2004 Judgments
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Managing Director Vs. Vanmalibhai Vajubhai Baroliya
Court: Gujarat
Decided on: Apr-26-2004
Reported in: [2005(104)FLR486]
Jayant Patel, J.1. Rule. Mr. Vasavada, learned advocate waives service of rule on behalf of the respondent. With the consent of learned advocates appearing for the parties, this matter is taken up for final disposal.2. Short facts of the case are that:The respondent preferred Recovery Application being Recovery Application No. 96 of 2000 before the Labour Court for recovery of the amount of Rs.1,72,098/_ with interest at 18%. The petitioner herein was given opportunity, and it is the case of the petitioner that an advocate was engaged by the petitioner in the said matter, but the advocate of the petitioner did not remain present, and as a result thereof, the matter proceeded exparte, and ultimately an was order passed by the Labour Court on 21.08.2003 whereby the petitioner is ordered to pay an amount of Rs.1,08,446/_ with interest at 12% to the respondent. The petitioner preferred Misc. Application, being No. 13 of 2003 for restoration and for setting aside of the exparte order. The L...
State of Gujarat Vs. Miyana Abhram Mamad
Court: Gujarat
Decided on: Apr-23-2004
Reported in: 2004CriLJ3471
J.M. Panchal, J.1. The learned Judges composing the Court of Appeal are equally divided in the decision to be rendered in Criminal Appeal No.1216 of 1984 filed by the State of Gujarat under Section 378 of the Code of Criminal Procedure, 1973 ('the Code' for short) against judgment dated June 2, 1984 rendered by the learned Additional Sessions Judge, Morbi, in Session Case No.5 of 1984 by which the respondent is acquitted of the offences punishable under Sections 302, 453, 324 of the Indian Penal Code ('the IPC' for short) and Section 135 of the Bombay Police Act, 1951 and, therefore, the appeal is laid before me under section 392 of the Code.2. Halimaben Salim is a resident of village Navlakhi, District Rajkot. She has four sons. The name of eldest son is Aliyas whereas the name of the second son is Sumar. The name of son who is younger to Sumar is Dawood whereas the name of the youngest son is Hasam. Halimaben had three daughters. The name of the eldest daughter is Jannat whereas the ...
Chetnaben W/O Mukunchandra Balkrishna Bhatt Vs. Natwarlal Foolshanker ...
Court: Gujarat
Decided on: Apr-22-2004
Reported in: AIR2004Guj329
R.M. Doshit, J.1. Heard the learned advocates.2. Leave to delete the respondent no. 2.3. The present petition arises from the Order dated 29th September, 2003 made by the learned Joint District Judge, Fast Track Court, Bharuch in a matter arising under the Guardians & Wards Act, 1890.4. The subject matter of dispute is custody of the minor child, Hemani [now around six years of age]. The minor Hemani was born to the petitioner herein out of the wedlock with her husband Kirankumar, the son of the respondent herein. Unfortunately, in the year 2002, the said Kirankumar died of liver ailment. Thereafter, the petitioner has, with the intervention of the respondent. remarried to her present husband one Mukundchandra Balkrishna Bhatt. The said Mukundchandra Bhatt has a 10 year old son from his previous marriage. Since her remarriage, the petitioner and her minor daughter Hemani were residing with the said Mukundchandra Bhatt. However, the petitioner and the minor Hemani had visited the respon...
Lalsingh Bhikhabhai Chaudhary Vs. State of Gujarat
Court: Gujarat
Decided on: Apr-22-2004
Reported in: 2004CriLJ3292
C.K. Buch, J.1. Heard Mr. Gharaniya, learned counsel appearing for the appellant and Mr. I.M. Pandya, the learned Additional Public Prosecutor.2. This appeal is preferred against the order of conviction dated 28th April, 2004, passed by the learned Additional Sessions Judge, Surat at Vyara in Sessions Case No.204/1997. The appellant, who has been convicted, is the orig. accused no.1 in the aforesaid case and the rest of the accused persons have been acquitted by the learned trial Judge by giving them benefit of doubt.3. The appellant-accused has been held guilty for the offence punishable under Section 376 of the Indian Penal Code and he has been ordered to undergo RI for seven years and a fine of Rs.2000/-(Rupees Two Thousand); in default to undergo SI for three months. The order of conviction has been read over by the learned counsel appearing for the appellant and he has taken me through the oral as well as documentary evidence led by the prosecution.4. The victim girl-Usha has been...
Atul Premshankar Pathak Vs. State of Gujarat
Court: Gujarat
Decided on: Apr-22-2004
Reported in: AIR2004Guj327
J.N. Bhatt, J.1. This writ petition, under Article 226 of the Constitution of India is filed against the alleged illegal and arbitrary action of the respondents in demolishing the cabin and platform-otta of the petitioner.2. A spectrum of material and relevant facts in the petition may be highlighted at the outset. The petitioner was allotted the land admeasuring 10 sq.ft. situated on Tikar Road Halvad, after bidding the highest offer in auction held on 21.2.1991. The petitioner paid an amount of Rs.1125/- to the respondent no. 2, Halvad Municipality, by way of caution money for the said land. Pursuant to the Resolution recorded in a general meeting of the respondent no. 2,- Municipality, being Resolution no. 28 for the purpose of allotting the land for the construction of cabin on Tikra road of Halvad town, rent note for the said land, came to be issued in the name of the petitioner and pursuant to that, the cabin came to be constructed. Thereafter the petitioner moved the respondent ...
Ghelubhai R. Madam thro' heirs and Legal Repres. Vs. A.K. Mehta or Suc ...
Court: Gujarat
Decided on: Apr-22-2004
Reported in: (2004)2GLR511
ORDER (Per. B N Kirpal, C.J.)In view of the decision of the Supreme Court in the case of Attorney General of India v. Amratlal Pranjivandas & Ors. reported in Judgment today 1994 (3) S.C. 583, this petition is dismissed.'On a bare reading of the aforesaid order, it becomes very clear that this court had not dealt with and decided numerous issues which had arisen in the aforesaid petition. The order itself makes it clear that the petition was dismissed on account of the decision of the Supreme Court in the case of Attorney General for India (supra). Therefore, it has to be accepted that the earlier petition of the detenu was not disposed of on merit and, therefore, it would not be open to the Union of India or to the State of Gujarat to argue that since the earlier petition was disposed of on merit and since the detention order was confirmed, the present petition would not lie.17. It has also been argued on behalf of the respondents that while dismissing the earlier petition, no reserva...
Remo Marketing Pvt. Ltd. Thro. Its Director Jiten Jagvir Vs. State of ...
Court: Gujarat
Decided on: Apr-19-2004
Reported in: (2004)3GLR2008
Sharad D. Dave, J.1. This application is filed under Section 482 of the Code of Criminal Procedure, 1973 ('the Code' for short) for quashing and setting aside the impugned complaint/FIR, being CR NO.I 4 of 2003 registered with the CID (Crime), Gandhinagar on 24.5.2003.2. A complaint being complaint No.CR I 4 of 2003 was lodged on 24.5.2003 by respondent No.4 - Harendrabhai B. Pandya - complainant before the CID (Crime), Gandhinagar for the alleged cause of bouncing of the cheque of Rs.623/- only punishable under Sections 406, 420 and 120-B of Indian Penal Code and Sections 3, 4 and 5 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978. On receipt of the said complaint, the concerned Police Inspector forwarded the said complaint to the learned Chief Metropolitan Magistrate Court, Ahmedabad on the same day.3. It is the case of the applicants that the applicant company has launched 'Recharge 4 free.com' scheme in the month of January 2002. The said scheme deals with the w...
Gujarat University Vs. Gujarat University General Employees Union
Court: Gujarat
Decided on: Apr-17-2004
Reported in: (2005)104GLR1
Akshay H. Mehta, J.1. The petitioner - Gujarat University has filed this petition under Article 227 of the Constitution of India challenging the judgment and award made by the Industrial Tribunal, Gujarat at Ahmedabad in Reference (IT) No. 4 of 1988 dated 15th January, 1993. By the said award the petitioner has been directed that it should continue to pay to the employees of Shramik Vidhya Kendra or Shramik Vidyapeeth the pay-scales which are on par with the employees of the petitioner together with all the incidental monetary benefits which have been paid to the said employees, on permanent basis, as was being done in the case of the employees of the petitioner. It has been further directed that it should prepare a final seniority list department-wise in relation to the employees of the petitioner and of the Shramik Vidyapeeth. It has also been directed that the petitioner should pay the examination allowances which were being paid to its employees with effect from 25th April, 1986 to...
Sandvik Asia Limited Vs. Assistant Regional Provident Fund Commissione ...
Court: Gujarat
Decided on: Apr-17-2004
Reported in: (2005)ILLJ1049Guj
Jayant Patel, J.1. The short facts of the case are that the petitioner is served with the summons for inquiry under section 7A of Employees' Provident Fund and Misc. Provisions Act, 1952 (hereinafter referred to as 'the Act') by the Asst. Regional Provident Fund Commissioner (hereinafter referred to as 'ARPFC'). It is the case of the petitioner that on 26.4.02 the officer of the petitioner requested for giving some time to produce necessary material and the petitioner was communicated by letter dated 29.5.02 by ARPFC that the petitioner company may represent within 15 days from the receipt of letter. However, the grievance of the petitioner is that in the mean time on 29.4.02, even prior to the communication dated 29.5.02 whereby time was given, the final order under section 7A of the Act has been passed by ARPFC whereby the liability to pay PF dues is fixed amounting to Rs.64,32,546/-. The petitioner preferred review application before the authority which also ultimately came to be re...
O.L. of Aryodaya Spg. and Weaving Mills Co. Ltd. Vs. Charansingh Dhups ...
Court: Gujarat
Decided on: Apr-16-2004
Reported in: [2005]125CompCas765(Guj); [2004]56SCL133(Guj)
D.A. Mehta, J. 1. The Judge's Summons have been taken out by the Liquidator of Aryodaya Spinning and Weaving Mills Company Limited originally seeking following reliefs :-(a) That Shri Charansingh and 51 other persons, whose names are given in the list annexed hereto be directed to establish their right, interest and title to reside in the property known as Dhupsingh Chali at the premises of Aryodaya Spg. & Wvg. Mills Co. Ltd. (In Liquidation) on land bearing S. No. 646, Mouje Asarva, City Taluka, Ahmedabad, now included in Final Plot Mo. 4, 10 and 11 of Town Planning Scheme No. XVI (Asarva) Ahmedabad.(B) It may be declared that Shri Charansingh and 51 others, whose names are given in the list annexed hereto are trespassers and encroachers in the said premises known as Dhupsingh Chali, on land bearing Survey No. 646 Mouje Asarva, City and Taluka Ahmedabad now included in Final Plot Mo.4, 10 and 11 of Town Planning Scheme No. XVI (Asarva) Ahmedabad.(C) That Shri Charansingh and 51 others...
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