Gujarat Court April 2004 Judgments
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Amrutlal Gokaldas Tanna and ors. Vs. Managing Director, Central Bank o ...
Court: Gujarat
Decided on: Apr-07-2004
Reported in: [2005(106)FLR93]; (2004)3GLR2035; (2005)ILLJ960Guj
Ravi R. Tripathi, J.1. The petition is filed by as many as 16 retired Bank officers of Central Bank of India, who retired between 1-11-1992 to 31-10-1994 praying that the action of the respondents of giving benefit of gratuity on the basis of revised pay-scale with effect from 1-11-1994 be quashed and set aside and that the respondents be directed to give benefit of gratuity to the petitioners with effect from 1-7-1993. It is also prayed that, 'the act of the respondents in fixing different dates for pay-scale and gratuity be declared to be discriminatory, arbitrary, illegal and violative of Article 14 of the Constitution of India'.2. The facts of the case are that the petitioners having retired from service between 1-11-1992 to 31-10-1994, were paid gratuity on the basis of pay which they were drawing on the date of their retirement. Subsequently, a settlement was arrived at between the Management and the Indian Banks' Association (I.B.A.), and accordingly, the respondent-Central Bank...
Akbarkhan Abbaskhan Pathan Vs. State of Gujarat
Court: Gujarat
Decided on: Apr-06-2004
Reported in: (2005)1GLR306
B.J. Shethna 1. Rule. Learned APP Shri Prachchhak waives service of Rule in both the Applications.Both these Applications are disposed of by this common order as they are filed in above common Appeal where both the Applicants were the Appellants.2. The young boy Vijay Rawat, son of Police Inspector, waiting for the AMTS Bus on the Bus Stand, situated near Triangle Garden, Mirzapur, Ahmedabad, was stabbed during communal riots broken-out in Ahmedabad on 26.7.1999.3. All the accused came to be arrested after a period of almost 6 months i.e. on 18.1.2000. The present Applicants - accused, along with two other accused, viz. (i) Sirajuddin @ Seriyo, son of Sherubhai Kureshi, (ii) Sultankhan Masitkhan Pathan, were tried for the offences u/s. 302 read with Section 120(B) I.P. Code and u/s. 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short 'the Act') and also u/s.135(1) of the Bombay Police Act, before the Court of learned Addl. Sessions Judge (Spec...
Himanshu J. Gupta Vs. Executive Engineer, R and B (Panchayat) Division ...
Court: Gujarat
Decided on: Apr-05-2004
Reported in: AIR2004Guj312
J.N. Bhatt, J.1. By this petition, under Article 226 of the Constitution of India, the petitioner has assailed the order of termination of tender-contract and also, the order of placing his name in the Black List passed on 24-11-2003, subsequent to the termination order dated 28-07-2003, inter-alia contending that both the orders are illegal, unreasonable and in violation of principles of natural justice and unsustainable.2. The respondent-authority invited tenders for the construction work of Modipur - Jotana Road. The petitioner's tender offer was accepted and accordingly, the petitioner had deposited the amount as required followed by Work Order dated 25-01-2003 with the specific stipulation to complete the said contract within a spell of 8 months from the date of commencement of work, which was considered as 30-01-2000. Thus, the date of the completion was 29-09-2000.3. The petitioner had commenced the work of construction on the limited site. It has been the case of the petitioner...
Amrutlal Chandmal JaIn Vs. Competent Authority and Administration Mumb ...
Court: Gujarat
Decided on: Apr-02-2004
Reported in: 2004CriLJ2920
D.P. Buch. J.1. The petitioner above named has preferred this petition under Article 226 of the Constitution of India challenging impugned Notice dated 24/11/1998 issued by respondent no.1 u/s.6 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (for short, 'the said Act'). The petitioner has also challenged an order of detention against one Jayantilal Maneklal Soni which has been made basis for issuing Notice u/s.6 of the said Act. 2. It appears from the record that the petitioner was detained under the COFEPOSA Act. His order of detention was revoked. He had filed a writ petition before this Court challenging the order of his detention and the Notice issued under the said Act. The said writ petition was allowed by this Court and the order of detention as well as the Notice under the said Act, both were quashed and set aside. The first respondent had preferred Special Leave Petition before the Hon'ble the Supreme Court and the same was dismissed. The...
Manharbhai @ Manubhai Vs. State of Gujarat
Court: Gujarat
Decided on: Apr-02-2004
Reported in: 2004CriLJ3242; (2004)3GLR1884
B.J. Shethna, J.1. Appellant - accused Manharbhai @ Manubhai Maganbhai Harijan has challenged in this Appeal the impugned judgment and order dated 1.1.97 passed by Shri V.S. Bhatt, Sessions Judge, Panchmahals at Godhra, in Sessions Case No. 165 of 1996, whereby the learned Judge convicted the appellant - accused for the offence under Section 302 IPC and sentenced him to suffer life imprisonment and to pay fine of Rs. 500/- in default to further undergo six months imprisonment.2. Charge Exh.3 was framed by the learned Judge on 28th September 1996 against the appellant - accused, aged 38 years at that time. It is stated in it that on 22.3.96 at 8.00 p.m. the accused took deceased Rayaliben, aged 55 years, in the Railway Quarter near Halol Railway Station for the purpose of having sexual intercourse. At that time, complainant Vishnubhai Maganbhai Vaghari, son of Rayaliben, had seen the accused sleeping on his mother Rayaliben, therefore, with an intention to kill Rayaliben and with an int...
Pravinchandra Girdharlal Pandya Vs. State of Gujarat
Court: Gujarat
Decided on: Apr-02-2004
Reported in: [2004(102)FLR830]; (2004)2GLR545
Ravi R. Tripathi, J.1. A person having worked for all his life as a Peon in the Government Rural Health Centre, Village Bhurakhiya, Taluka Lathi, District Amreli has retired from service on 30.09.2003 on his reaching the age of superannuation of 60 years. The said person is before this Court seeking justice on the facts which are as under.2. An Ayurvedic Hospital was started at Village Bhurakhiya, Taluka Lathi, District Amreli, an area comparatively undeveloped in the State. Initially the said Hospital was started as a 'grant in aid hospital', managed by Gram Panchayat of Village Bhurakhiya, then for the good luck of the residents of the area, Panchayati Raj came into being and on 09.08.1963 the hospital was taken over by the District Panchayat as 'Swa Bhandol Sanchalit' (managed by own funds). The petitioner served as a daily wager in this hospital right from day one, i.e. when it started as grant-in-aid hospital. But in any case, from 09.08.1963 he was appointed by order No. NOK/Nama...
Babar Mahesh Dhirubhai Vs. State of Gujarat
Court: Gujarat
Decided on: Apr-01-2004
Reported in: (2004)3GLR520
J.R. Vora 1. Today, Mr. Nanavati, learned Advocate for the petitioner, is present. Mr. Pawankumar, learned Advocate for the respondent, is also present.2. Mr. Nanavati submitted that he could not remain present on 31.3.2004 because of some religious ceremony in connection with the death of his father. He, therefore, requested that the order of payment of costs may be recalled. Mr. Pawankumar, after taking instructions from his client, who is present in the Court, submitted that the respondent is not pressing for the amount of costs. In view of this, so far as the order, imposing costs of Rs.5,000/-, is concerned, the same is recalled.3. This CRA now to proceed further on its own merits.4. The petitioner herein instituted matrimonial proceedings for getting decree for divorce under Section 13 of the Hindu Marriage Act, 1955. The matter was registered before the trial court as H.M.P. No.74 of 1996. In the aforesaid proceedings, the trial court passed an ex parte decree by order dated 19....
Virendrakumar Jayantilal Ganatra Vs. Gujarat Electricity Board
Court: Gujarat
Decided on: Apr-01-2004
Reported in: (2005)1GLR187
Akshay H. Mehta, J.1. This group of petitions is filed by the former employees of the respondent - Gujarat Electricity Board (hereinafter referred to as 'the Board'), whose services have been terminated by the Board by resorting to Regulation No. 113 of the Services Regulations which have been framed by the Board in exercise of powers conferred by section 79(c) of the Electricity (Supply) Act, 1948 (hereinafter referred to as 'the Regulations'). The said regulation has been pressed into service to summarily discharge the petitioners from service on the ground of continued absence from service despite warning to return to duty. In all cases except one the petitioners who had been transferred out of their circle had not joined the duty at the transferred place despite intimations/notices having been given to them by the Board. Their absence on duty at the place of transfer was, therefore, treated as continued absence from duty under Regulation 113 of the Regulations and their services we...
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