Gujarat Court December 2005 Judgments
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District Development Officer Vs. Purushottam D. Kamli
Court: Gujarat
Decided on: Dec-20-2005
Reported in: [2006(110)FLR591]
Jayant Patel, J.1. Rule. Mr. Patel, learned Counsel for the respondent waives service of notice of Rule.2. With the consent of both the sides, the matter is finally heard today.3. The short facts of the case are that the respondent who was in employment with the District Panchayat as Gram Sevak opted for voluntary retirement on 31.12.1989, however, the case of the respondent is that he was recruited on 5.10.1959 and later on he was allotted to Valsad District. At the time of retirement, the pay-scale of the respondent was 1400-40-1800-EB-50-2300. There is no dispute on the point that the respondent worked with the District Panchayat and as per the petitioner the selection grade was given to the respondent from 10.6.1988. After the retirement of the respondent, it appears that the dispute was raised by the respondent that he should have been granted benefit of the higher pay-scale as per the policy of the Government vide Resolution dated 5.7.1991 as well as Resolution dated 16.8.1994 up...
State of Gujarat Vs. Bharatbhai Balubhai Lad and 4 ors.
Court: Gujarat
Decided on: Dec-19-2005
Reported in: (2006)1GLR514
A.M. Kapadia, J.1. The acquittal of the respondents ('accused' for short) of the offences punishable under Sections 306, 498-A, 323, 504 and 114 of the Indian Penal Code ('IPC' for short) recorded by the learned Additional Sessions Judge, Fast Track Court, Navsari, vide judgment and order dated 6.11.2003 rendered in Sessions Case No. 19 of 2003, is the subject matter of challenge in instant appeal, which is filed under Section 378 of the Code of Criminal Procedure ('the Code' for short) by the appellant - State of Gujarat.2.The prosecution case as reflected from FIR and unfolded during trial was that :2.1 On 23.1.2003, Vinodbhai Ranchhodbhai Mistry, PW-1, lodged a First Information Report at Navsari Rural Police Station against the accused for the commission of offences punishable under Sections 306, 498-A, 323, 504 and 114 of the IPC. Vinodbhai Ranchhodbhai Mistry happens to be the brother-in-law of deceased Jaynaben. As per the narration given in the FIR by him, deceased Jaynaben was...
Ghanshyambhai K. Sathwara and 12 ors. Vs. Sonubhai Baliram Patil and 2 ...
Court: Gujarat
Decided on: Dec-19-2005
Reported in: AIR2006Guj109
Ravi R. Tripathi, J.1. As many as 13 petitioners are before this Court, who are the original objectors in Regular Darkhast Application No. 213 of 2002 filed in the Court of the learned Joint Civil Judge (Junior Division), Vadodara, who was pleased to grant the same and was also pleased to reject the application filed by defendant No. 2-Harshadbhai Shantilal Shah, by order dated 10.10.2003. The present petitioners had filed their objections by exh.21.2. Short facts leading to the present litigation are that the judgment creditor-respondent No. 1 herein had filed Regular Civil Suit No. 1209 of 1985 against two defendants. One Shankar Rao Laxmanrao Shelar, who died on 29.10.1986, hence his heirs are joined as 1/1 and 1/ 2 in Darkhast Application. The said Regular Civil Suit No. 1209 of 1985 was decreed on 19.09.1986. The judgment and order passed by the learned 2nd Joint Civil Judge (Junior Division), Vadodara is produced at page 42 to this Civil Revision Application, whereas the decree i...
State of Gujarat Vs. Gunvantlal H. Shah
Court: Gujarat
Decided on: Dec-16-2005
Reported in: (2006)1GLR418
A.M. Kapadia, J.1. The acquittal of the respondent ('the accused') of the offence punishable under Section 161 of the Indian Penal Code ('the IPC' for short) and Section 5(1)(d) and 5(2) of the Prevention of Corruption Act ('the Act' for short) recorded by the learned Special Judge, Mehsana vide judgment and order dated 16.10.1985 rendered in Special Case No. 3 of 1984 is the subject matter of challenge in instant appeal which is filed under Section 378 of the Code of Criminal Procedure ('the Code' for short) by the appellant ?' State of Gujarat.2. The prosecution case as reflected from the complaint dated 19.12.1983 filed by Nagindas Tulsidas Acharya ('the complainant'), before Police Inspector, ACB, Mehsana and unfolded during trial was as under:2.1. As per the complaint, since 1.11.1982, the complainant was serving as Manager-cum-Mantri in the fair-price shop run in the Mehsana Police Head Quarters by Police Employees Consumer Cooperative Stores ('Mandali' for short) and he used to ...
Ani Elastic Industries Thro' Kantilal T. Patel Vs. Union of India (UOi ...
Court: Gujarat
Decided on: Dec-16-2005
Reported in: 2008(222)ELT340(Guj); 2009[15]STR753
H.N. Devani, J. 1. Heard Mr. P.R. Nanavati, learned advocate for the petitioner, Mr. Jitendra Malkan for respondent Nos. 1 to 4 and Mr. S.N. Thakkar for respondent No. 5.2. RULE. Mr. Jitendra Malkan waives service on behalf of respondents No. 1 to 4 and Mr. S.N. Thakkar waives service on behalf of respondent No. 5. Considering the nature of the controversy involved in the petition, the matter is taken up for final hearing and disposal today.3. By this petition, under Articles 226 and 227 of the Constitution of India, the petitioner primarily challenges the Order-in-Original No. CCE-III/TRC/01/ANI/ELASTIC/COMMR/2005-06 dated 22nd September, 2005 passed by the Commissioner, Central Excise-III, respondent No. 2 herein.4. The facts briefly stated are that the petitioner is a proprietary concern engaged in the manufacturing of Elastic Tapes of various kinds. The petitioner purchased manufacturing unit No. 2005/A G.I.D.C., Chhatral held by the erstwhile unit M/s. Urmi Enterprise in an auctio...
Baroda Traders Co-operative Bank Ltd. Vs. Mahendrabhai B. Shah
Court: Gujarat
Decided on: Dec-15-2005
Reported in: [2006(110)FLR789]; (2006)IILLJ500Guj
ORDERK.S. Jhaveri, J.1. By way of this petition, the petitioner-Bank has prayed to quash and set aside the order dated November 6, 2000 passed by the Appellate Authority under the Payment of Gratuity Act, 1972, in Appeal No. 12 of 2000 as also the order dated March 22, 2000 passed by the Controlling Authority in Gratuity Application No. 19 of 1999 by which the petitioner was directed to pay the amount of gratuity to the respondent.2. The brief facts of the case are that the respondent herein was working as an Officer with the petitioner-Bank. It was alleged against the respondent that by abusing his position as an officer, he had fraudulently withdrew huge amounts by way of loans not admissible to him, thereby causing financial loss to the tune of Rs. 1,76,286/- to the petitioner-Bank. The alleged fraudulent transaction came to the notice of the petitioner Bank when the respondent retired from service on May 1, 1998.3. In view of the alleged misappropriation, the respondent was not pai...
Vinodbhai Gopalbhai Patel and ors. Vs. Bharatbhai Maganbhai Patel and ...
Court: Gujarat
Decided on: Dec-15-2005
Reported in: I(2007)ACC249
Bhawani Singh, C.J.1. This appeal arises out of judgment dated 31st December, 1988 passed by Motor Accident Claims Tribunal (Aux.), Surat, MACP No. 546 of 1984.2. Claimant (27) was returning from Bardoli on his motorcycle GTN-5498. When he reached near Bamrdli village turn, truck No. GTT-5425 came from opposite direction driven at an excessive speed. Driver of truck lost control, went on wrong side and hit the claimant. As a result, claimant was thrown off towards west and sustained injury on the head. He became unconscious and motorcycle badly damaged. Truck driver left the place, claimant shifted to Sardar Smarak Hospital at Bardoli. Neuro Surgeon performed brain operation opening the skull bone which was broken into pieces, doctor could see that the brain was injured and some part of it was found paralytic. This portion was removed. The left hand is affected by paralysis because of brain injury. He remained in the hospital for 50 to 60 days. He regained consciousness after 15 to 20 ...
Lalitkishore Omprakash Arya Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Dec-14-2005
Reported in: (2006)1GLR374
P.B. Majmudar, J. 1. By filing this petition under Article 226 of the Constitution of India and under section 482 of the Code of Criminal Procedure, the petitioner has prayed for quashing F.I.R. registered as CR No. I ' 166 of 2005 at Waghodia Police Station for offences punishable under Section 379 read with Section 114 of the Indian Penal Code on the ground that police cannot investigate the offence which relates to documents on the basis of which decree was passed by a Civil Court.2. This case has a chequered history, and the facts narrated in a nutshell are as under:3. The complaint is filed by respondent No. 2 herein, a copy of which is produced at Annexure 'A' to the application at pages 25 to 30 of the compilation. The complaint is filed against one Ahmedhussain alias Balubhai Moghalgara. As per the averments in the complaint, the complainant is serving as Purchaser Manager with Dodsal Private Limited, a Company having its main office at Mumbai. As per the allegations in the com...
Union of India (Uoi) Vs. Rajendrakumar H. Patel
Court: Gujarat
Decided on: Dec-14-2005
Reported in: (2006)2GLR995
H.K. Rathod, J.1. Heard learned Advocate Mr. Mukesh Patel for petitioners-Union of India and others and Ms. Nita C. Banker for respondent original petitioner.2. In this petition, petitioners, Union of India and others have challenged order passed by Central Administrative Tribunal, Ahmedabad Bench dated 8-10-2003 in O.A. No. 553 of 1999 with M.A. No. 506 of 1999. Original petitioner-present respondent, being aggrieved by order of the disciplinary authority imposing penalty of removal from service and non-disposal of his representations dated 27-6-1996 and 27-8-1997 by appellate authority, preferred O.A. on 4-6-1998. It was registered on 20-8-1999. Thereafter, O.A. was amended in April, 2003 to challenge order of appellate authority dated 23-8-1996 rejecting appeal of original petitioner-employee. Prayer was made for quashing order passed by disciplinary authority and appellate authority.3. Case of the employee was that he was appointed as inquiry-cum-reservation clerk and training was ...
Kapilaben Ashokbhai Patel Vs. State of Gujarat and 3 ors.
Court: Gujarat
Decided on: Dec-13-2005
Reported in: (2006)2GLR1029
Akshay H. Mehta, J.1. As the subject matter of the petition as well as Misc. Civil Application [ 'MCA' for short] is the same, they were heard together by us and now they are being disposed of by this common CAV judgment.2. The petition is filed by Smt. Kapilaben Ashokbhai Patel, who is also opponent No. 4 in the MCA, but in this judgment she is referred to as 'the petitioner'. Applicant of the MCA is respondent No. 4 in the petition. Accordingly he is referred to as respondent No. 4 in this judgment. Rest of the parties are referred to in accordance with their position in the petition.2.1. The petition is filed for claiming relief to the effect that appropriate direction be given to respondent No. 1 to issue notification appointing Appellate Officer/Authority for the development area of Gandhinagar township in accordance with the provisions of Section 5(1) of the Gujarat Regulation of Unauthorized Development Act, 2001 [hereinafter referred to as 'the Act']. By way of interim relief, ...
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