Gujarat Court July 2004 Judgments
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Gopal Jalan Vs. O.L. of Jalan Ispat Casting Ltd.
Court: Gujarat
Decided on: Jul-30-2004
Reported in: [2006]130CompCas551(Guj); [2005]58SCL469(Guj)
K.A. Puj, J.1. This application is filed by one Mr. Gopal Jalan, one of the founders and promoters of M/s. Jalan Ispat Industries Limited, the Company in liquidation. In the Judges Summons, taken out by the applicant, following prayers have been made :-(A) Your Lordships be pleased to revoke the winding up order passed by the Hon'ble High Court in Company Petition No. 69 of 2002 on 12.11.2003 pursuant to the opinion forwarded by the Registrar, BIFR on 27.03.2002 in BIFR Case No. 126/97 (II) under section 466 of the Companies Act, 1956 for the reasons stated in the accompanying Affidavit in support of the Judges Summons.(B) Your Lordships be pleased to issue directions to the respondents that on staying of the winding up order, the applicant will be permitted to resume manufacturing activities of Jalan Ispat Casting Limited (Company in liquidation) as well as Manganese Mine operations on the terms and conditions which may be imposed by this Hon'ble Court as may be deemed fit, just and p...
Chauhan Ishwarbhai Dudhabhai Vs. State of Gujarat Through Secretary an ...
Court: Gujarat
Decided on: Jul-30-2004
Reported in: (2005)1GLR91
M.C. Patel, J.1. The appellants filed Special Civil Application No. 1993 of 2004 on 11th February, 2004 praying for a writ of mandamus or any other appropriate writ, order or direction directing the respondents to declare the results of the appellants and to issue mark-sheets to them for the C.P. Ed. 1st year examination held by the respondent No. 2-Board in April, 1999 and to direct the respondents to permit the appellants to complete their 2nd year CP. Ed. examination. The petition was dismissed by Mr. K.M. Mehta, J. by his judgment and order dated 5th April, 2004. The appellants, have therefore, filed this appeal under Clause 15 of the Letters Patent challenging the said judgment and order.2. The appellants and other students came to be admitted by Sharirik Shikshan Mahavidyalaya run by Shri Jagdeep Education Trust - the respondent No. 3 institution for the C.P.Ed. and D.P.Ed. courses for the academic year 1998-1999. There was no registration or permission granted by the competent a...
Bhailalbhai T. Patel Vs. Electrical Inspector
Court: Gujarat
Decided on: Jul-29-2004
Reported in: AIR2005Guj191
D.N.Patel, J.1. Rule. Mr. K.L. Pandya, learned A.G.P. appears and waives service of notice of Rule on behalf of the respondent no. 1. Mr. K.B. Pujara, learned advocate also waives service of notice on behalf of the respondent No.2. Upon request of the learned advocate appearing for parties, the matter is taken up for final hearing today.2. The present petition is preferred under Article 226 of the Constitution of India, whereby the petitioner has challenged the communications dated 22-4-2003 and 26-5-2004 which are produced at Annexure-B and Annexure-A respectively with the memo of the petition.3. Learned advocate appearing for the petitioner mainly submitted that the meter of electricity consumption has been installed at the factory premises of the petitioner by the respondent Ahmedabad Electricity Company (hereinafter referred to as the 'respondent Company') with effect from 4-7-2001. The said meter was changed because of demand of the petitioner for higher load of electricity. Initi...
State of Gujarat Vs. Sankalchand P. Vachheta Since Deceased Through Hi ...
Court: Gujarat
Decided on: Jul-29-2004
Reported in: (2004)3GLR1983
B. J. Shethna, J. 1. All these matters are disposed of by this common judgment and order, as common point is involved in all these matters. All these appeals are arising out of the judgments and orders passed by K. R. Vyas, J., in Special Civil Applications and Misc. Civil Applications, filed in Special Civil Applications.2. Learned Advocate General Shri Shelat appearing with learned A.G.P. Shri P. R. Abichandani for the appellants submitted that the appellant - State of Gujarat and competent authority and the Deputy Collector (U.L.C.) were required to file all these appeals against the orders passed by the learned single Judge in writ petitions whereby the learned single Judge of this Court disposed of all the writ petitions on the point of possession. He submitted that due to the connivance of the officials of the Government and the A.G.Ps., who appeared in the writ petitions, with the original petitioners the Government has suffered loss running into crores of rupees as it has lost ...
Pendiyala Sureshkumar Ramarao Vs. Sompally Arunabindu W/O. Sureshkumar ...
Court: Gujarat
Decided on: Jul-29-2004
Reported in: 2005CriLJ1455; II(2005)DMC417
C.K. Buch, J.1. Rule. Ld. Counsel Mr. KJ Macwan appears and waives service of Rule for respondent No.1 wife and ld. APP Mr. KT Dave appears and waives service of Rule for respondent No.2 State of Gujarat. With the consent of the parties, the matter is taken up for final hearing today.2(i) It is submitted by ld. counsel Mr. Medipally for the petitioner husband that the impugned order of maintenance dated 17.11.2003 passed by ld. JMFC, Nadiad in Cri. Misc. Application No. 38/2002 (Exh.27) as the said order is passed in absentia and though the petitioner is a person dependent on his father and having no sufficient means, he has been fastened with the liability to pay an amount of Rs.3000/ per month by way of maintenance to respondent no.1 wife. Over and above, the petitioner is also asked to pay Rs.400/ by way of costs. That the ld. JMFC has committed gross error in determining the amount of maintenance. It is submitted that though there was no cogent documentary evidence as to the income...
Sarojben Wd/O Mangalbhai Somabhai Vaghri Vs. Ramji Mandir Trust
Court: Gujarat
Decided on: Jul-29-2004
Reported in: AIR2005Guj5; (2005)3GLR2041
M.S. Shah, J.1. These appeals are directed against common judgment and order dated 4th October, 2001 of the learned Single Judge allowing Special Civil Application Nos. 4280 to 4294 of 2001, by which, the learned Single Judge quashed and set aside the common order dated 25th January, 2001 and another order dated 19th March, 2001 passed by the Deputy Collector, Nadiad under Section 23-A of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 [ for short 'Bombay Rent Act'] permitting the appellants to get electricity supply in the premises occupied by the appellants and belonging to the respondents.2. The facts leading to filing of these appeals are as under :2.1 The appellants made applications before the Collector under Section 23-A of the Bombay Rent Act stating that the appellants are tenants and occupants of the properties situated at Dakor, Taluka Thasara being Municipal properties Nos. 596, 591, 600, 589, 600/2, 594, 599, 593, 592, 598, 597/1 and 509. The appellants a...
Dinesh Gopalbhai Rathod Vs. State of Gujarat
Court: Gujarat
Decided on: Jul-29-2004
Reported in: [2005(105)FLR197]
Akil Kureshi, J.1 Rule. Mrs.Falguni Patel, learned AGP, waives service of rule on behalf of the respondents. At the joint request of the learned advocates for the parties, the petition is taken up for final disposal today.2. In the present petition, the petitioner challenges the legality of the order dated 4.7.2000 by which the complaint of the petitioner was not entertained as well as the orders dated 10.12.2002 and 3.2.2003 by which the requests of the petitioner for reconsidering the earlier decision were also turned down.3. The short facts leading to the present petition are that the petitioner who was engaged by the respondent Nos.4 & 5 had sought to raise an industrial dispute for which purpose he approached the Assistant Labour Commissioner for conciliation with respect to his demand for being reinstated in service. The Assistant Commissioner of Labour, however, was pleased to reject the said application by his order dated 4.7.2000 on the ground that since the Bombay Civil Servi...
Pitambar Ramanbhai Birade Vs. State of Gujarat
Court: Gujarat
Decided on: Jul-28-2004
Reported in: 2005CriLJ1269
P.B. Majumdar, J.1. The petitioner-detenu, who is a police constable, has knocked the doors of this Court by way of this petition challenging the detention order dated 24.1.2004, by which he is detained as a 'bootlegger', under the Gujarat Prevention of Anti-Social Activities Act, 1985 ( 'PASA', for short). Along with the detention order, the petitioner has also been served with the grounds of detention.2. In the grounds of detention, there is a reference about one criminal case which is registered against the petitioner as C.R.No. 1011/03 at Udhna Police Station. The said case is registered against the petitioner under the Bombay Prohibition Act. It is alleged against the petitioner that, the petitioner is dealing in foreign liquor and is violating the provisions of the Bombay Prohibition Act. After considering the aforesaid case, and after considering the statements of some witnesses, whose names have not been disclosed to the petitioner, the authority has detained him as a 'bootlegg...
St. Nivrutta (Retired) Karmachari Sangh Vs. Gujarat State Road Transpo ...
Court: Gujarat
Decided on: Jul-26-2004
Reported in: (2005)1GLR297
K.S. Jhaveri, J.1. This group of petitions are filed for the relief that the petitioners be granted the benefit of higher ceiling of the maximum amount of gratuity w.e.f. 1st April, 1995 to pay the amount of arrears of gratuity with the running interest.2. The facts of the case are that earlier the upper limits of gratuity amount was Rs. 1 lac. In the year 1995, the State Government and also the Central Government by notifications raised it to Rs.2.5 lacs. The copy of the Office Memorandum issued by the Government of India, Ministry of Personnel, Public Grievances & Pensions (Department of Pension & Pensioners' Welfare), New Delhi dated 14th July, 1995 was made available for perusal of this Court. The subject mentioned in the said Office Memorandum reads as under :-'Treatment of Dearness Allowance as Dearness Pay for the purpose of Death Gratuity and Retirement Gratuity and raising the maximum limit of gratuity from Rs.1.00 lakh to Rs.2.50 lakhs.' The relevant extract of the Office Mem...
Amrish Mahendra Trivedi Vs. State of Gujarat
Court: Gujarat
Decided on: Jul-26-2004
Reported in: (2005)2GLR1604
Kshitij R. Vyas, J.1. The appellant(original accused), in this appeal, has challenged the judgment and order dated 6.5.1996 passed by learned Addl. Sessions Judge, Godhra in Sessions Case No.186 of 1993 convicting him for offence punishable under section 302 of the IPC and sentencing him to suffer R.I. for life and to pay a fine of Rs. 1000/-, in default, to undergo further R.I. for one month.2. The appellant was charged with committing offence of murder of his wife Jigisha by throttling her neck and gagging her mouth with pillow in Kamla Guest House, Halol in the morning hours of 17.7.1993. It is the case of the prosecution that on 16.7.1993, the appellant had gone to Kamla Guest House with his wife and daughter aged three years by paying advance charges of Rs. 60/-. Jyotiben, PW 1, the owner of Guest House made entries in the register of the Guest House. She had also informed that she was residing adjacent to the Guest House and in the event of non availability of staff in the office...
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