Gujarat Court September 2004 Judgments
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Textile Labour Association Vs. O.L. of Amruta Mills Ltd.
Court: Gujarat
Decided on: Sep-30-2004
Reported in: [2005]126CompCas469(Guj); [2005]58SCL452(Guj)
K.A. Puj, J.1. Since the subject matter of all these applications is common, they are being disposed of by this common judgment.2. Company Application No. 249 of 2001 is filed by Textile Labour Association seeking directions interalia, to take possession of around 72 Chawls attached to the Amruta Mills Ltd. (In Liquidation) and to take appropriate steps to recover the amount by disposing of the chawls to the occupants, or alternatively to recover the amount towards the rent from the occupants of the Chawls.3. This Court has passed an order on 16.12.2002 in this application observing that more than two months time had passed and yet nothing was placed on record as to whether the occupants of the Chawls have vacated the said Chawls. The Official Liquidator was, therefore, directed to issue notices to all the occupants of the Chawls for vacating the rooms. The Court has further made it clear that there was no question of allowing them to buy the said Chawls at present, and as and when the...
Umar Mamad Sahitya Vs. Subhash Trivedi, Dy. Director (Civil Defence)
Court: Gujarat
Decided on: Sep-30-2004
Reported in: (2005)2GLR967
C.K.Buch, J.1. The petitioner-revisionist is the orig. complainant of Criminal Case No.71/98 (Orig. No.6/96) filed in the Court of learned Judicial Magistrate First Class, Lalpur, Dist. Jamnagar. The respondent nos.1 to 4 shown in the cause title of the memo of the petition are the police officials. Of course, the name of respondent no.3 i.e. Sukhdevsinh Narendrasinh is mentioned for administrative reasons in the cause title of the memo of the petition as he has died pending litigation. Hence, Criminal Case against deceased Sukhdevsinh, obviously, has been declared abated. The respondent no.5 is the State of Gujarat and is supporting the respondent nos.1 to 4. The respondent no.1-Subhash Trivedi, at present serving as Dy. Director (Civil Defence), Public Protection, Ahmedabad, on the relevant days of the incident i.e. on 2nd August, 1996 and 3rd August, 1996, was Dy. Superintendent of Police, Jamkhambhalia Sub-Division, Dist. Jamnagar. The respondent no.2, Police Inspector serving at p...
ibp Co. Ltd., Divisional Manager Vs. State of Gujarat
Court: Gujarat
Decided on: Sep-30-2004
Reported in: (2005)2GLR1739
C.K. Buch, J.1. The petitioner is Indo Burmah Petroleum Company Ltd. which is a Public Limited Company incorporated under the Companies Act, 1956 and is a government company having its Regd. Office at Kolkatta and affairs of the company have been managed by the Divisional Manager, having his office at Ahmedabad. The petitioner company has challenged the legality and validity of the order dated 2.6.2001 passed by the Collector, Mehsana as well as the impugned judgment and order dated 23.02.2004 passed by the ld. Addl. Sessions Judge, Mehsana in Cri. Appeal No. 36/2001 preferred by the petitioner under Sec.6(C) of the Essential Commodities Act, 1955.2. The petitioner company has alleged that the petitioner company is regulated by Oil Board of India and is controlled by the Ministry of Petroleum, Govt. of India and it is one of the subsidiary of Indian Oil Corporation Ltd. To appreciate the points raised by the petitioner company in the present Cri. Rev. Application, it is necessary to st...
Akshar Corporation Vs. O.L. of Vivekanand Mills Ltd.
Court: Gujarat
Decided on: Sep-29-2004
Reported in: [2005]59SCL680(Guj)
K.M. Mehta, J.1. M/s. Akshar Corporation (applicant) has taken out Judge's Summons with a prayer that this Court may review or recall the orders dated 26th December 2003 and 17th January 2004 passed by this Court. This Court in those orders was pleased to confirm the sale of the land in question of M/s. Vivekanand Mills Ltd. (in liquidation) for an amount of Rs. 2 crores in favour of M/s. Khemaji Jodhaji & Brothers (respondent No. 3 herein). The applicant is ready and willing to pay Rs. 20 lakhs more than the aforesaid offer (i.e. Rs. 2 crores 20 lakhs) made by the respondent No. 3.2. FACTS2.1 Shree Vivekanand Mills Limited was a Company incorporated and registered under the provisions of the Companies Act. The same mill was closed on 31.3.1987. This Court had passed a winding up order dated 22.11.1991 in Company Petition No. 37 of 1987. The Official Liquidator took the possession of the property in question in 1992.2.2. Situation and description of the property of the Company in liqui...
The Manager, Bob Housing Finance Ltd. Vs. Bhaskarchandra Mahendraprasa ...
Court: Gujarat
Decided on: Sep-29-2004
Reported in: (2005)3GLR1954
Jayant Patel, J.1. The applicant, who is the original complainant has preferred the application for cancellation of the bail on the ground that the undertaking given before this Court in the proceedings of Criminal Misc. Application No.4059/2003 is not complied with.2. Upon hearing Mr. Jani, learned Counsel for the applicant/complainant, Mr. Majmudar, learned Counsel for the original petitioner of Criminal Misc. Application No.4059/2003/accused, and Mr. Kogje, learned APP for the State Government, it appears that the undertaking was given for handing over the possession of five tenements and for regularization of the account of Smitaben, who is wife of the accused. Thereafter when the order dated 11.12.2003 came to be passed by this Court in addition to five tenements, the tenement held by the wife of the accused, Smitaben B. Joshi is also ordered to be handed over to the applicant Bank and, therefore, the contention of the Bank, who is the original complainant is that even if the addi...
Benu Chatterji Vs. Union of India (Uoi)
Court: Gujarat
Decided on: Sep-29-2004
Reported in: [2005(104)FLR385]
Bhawani Singh, C.J.1. The petitioner joined Border Security Force as Combadised S1 (Stenographer, Grade-I). He was promoted to the rank of Assistant Commandant and took charge in 32 Bn. BSF on 12.7.1997. He retired as Assistant Commandant IRLA No.70009 from 32 Bn. BSF on completion of superannuation age, 55 years, rendering service for 31 years, 2 months, 21 days. Accordingly, his pay was calculated on this basis, meaning thereby, he was not paid full pension.2. Whether reporters of Local Papers may be allowed to see the Judgment3. Consequently, the petitioner represented for giving him full pension taking his service for 33 years. In support of the claim, the petitioner relied on Apex Court decision in Raghu Nandan Lal Chaudhary and others v. Union of India (AIR 1988 SC 2125) and Division Bench Judgment of Delhi High Court in Shri Sant Ram v. Union of India and others (Annexure-E). In Raghu Nandan Lal Chaudhary and others v. Union of India (supra), the Apex Court held that:'These writ...
Triveni Chemicals Ltd. Vs. Union of India (Uoi)
Court: Gujarat
Decided on: Sep-29-2004
Reported in: 2007(210)ELT667(Guj); 2007[5]STR401
B.J. Shethna, J.1. The petitioner Triveni Chemicals Ltd. has filed this petition under Article 226 of the Constitution before this Court on 25-10-1991 praying that the respondents be directed to pay Rs. 18,52,175. 20 ps. with interest at the rate of 18% p.a. to the petitioner from the date of payment made by the petitioner till the date of refund.2. It appears from the order sheet of this petition that when this petition was placed for admission on 28-10-1991 before the Division Bench of this Court, straightway Rule was ordered to be issued making it returnable on 25-11-1991 and the Notice as to interim relief was also ordered to be issued. By way of interim relief, it was prayed that pending hearing and final disposal of this petition the respondents be directed to pay Rs. 18,52,175.25 ps. to the petitioner. However, for some or the other reasons this petition could not be heard and finally disposed of till today. Today, this matter was listed for the 14th time and after a period of a...
Manoj Processors Through Sole Proprietor Vs. Union of India (Uoi)
Court: Gujarat
Decided on: Sep-27-2004
Reported in: 2005(191)ELT85(Guj)
B.J. Shethna, J.1. Rule. Learned Standing Counsel, Mr. Jitendra Malkan waives service of rule for respondents.2 The petitioner has challenged in this petition the impugned order dated 10.5.2004 (Annexure-E) passed by the Customs, Excise and Service Tax Appellate Tribunal, West Regional Bench at Mumbai (for short 'the Tribunal') whereby the learned Tribunal refused to condone the delay of 84 days and thereby dismissed the application for condonation of delay (Annexure-D) in Appeal No.F/814/04 on the ground that delay was not sufficiently explained.3. Mr.Joshi learned counsel for the petitioner vehemently submitted that the petitioner had explained delay of 84 days in his application (Annexure-D) wherein it has been stated that Mr.Kishor Agrawal, Sole Proprietor of M/s.Manoj Processors was advised complete bed rest between the period from 10.12.2003 to 23.2.2004 for which medical certificates were also issued. But, unfortunately, the learned Tribunal has simply discarded the same by stat...
Evergreen Exim Pvt. Ltd. Vs. Union of India (Uoi)
Court: Gujarat
Decided on: Sep-27-2004
Reported in: 2005(182)ELT162(Guj)
B.J.Shethna, J.1. Rule.Learned Standing Counsel Shri J.M.Malkan, waives service of Rule for the respondents.2. The petitioner - Evergreen Exim Pvt.Ltd. has challenged, in this petition, the impugned order dated 19.1.2004 (Annexure :D) passed by the Customs, Excise and Service Tax Appellate Tribunal (for short 'the Tribunal'), West Zone Bench at Mumbai, passed in Stay Application No.C/S/1351,1352,1353 of 2003 inAppeal No.C/550, 551 & 552 of 2003, disposing of all the three Stay Applications ordering pre-deposit of Rs.80 lacs to be made by the assessee Company within 12 weeks from the date of the order by waiving further deposit requirement from the assessee or the Director under the provision of Section 129E of the Customs Act, 1962, and the impugned order (Annexure:F) dated 29.4.2004 passed by the Tribunal dismissingmodificationApplicationfiledby the petitioner - company.3. From the impugned order (Annexure:F) passed by the Tribunal dismissing the Modification Application of the petiti...
Surabhai Ravikumar Minawala Vs. State of Gujarat
Court: Gujarat
Decided on: Sep-24-2004
Reported in: AIR2005Guj149; (2004)3GLR2709
Akshay H. Mehta, J. 1. Rule. Miss Harsha Devani, Ld. APP waives service of rule on behalf of respondents nos. 1 and 3 and Mr. SI Nanavati, learned senior advocate waives service of rule on behalf of respondent no. 2.2. This petition is filed under the provisions of Article 226 of the Constitution of India praying this Court for issuance writ of habeas corpus. Petitioner is the mother of a child named Kiran (in the affidavit-in-reply stated as 'Karan'), aged about 9 months. It is her say that she has married to respondent no. 2 on 28th December, 2002 and during their wedlock child Kiran was born on 12th November, 2003. It is averred by the petitioner that after the child was born within short time she was driven out of the house by respondent no. 2 and his family members. Thereafter she made efforts to get the custody of the child but in vain. After all efforts having failed, now she has been constrained to approach this Court as a last resort. It is further averred in the petition that...
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