Gujarat Court August 2005 Judgments
Veternary Officer and anr. Vs. Rajendrasinh Ranjitsinh Jhala
Court: Gujarat
Decided on: Aug-22-2005
Reported in: (2006)ILLJ771Guj
R.S. Garg, J.1. The facts necessary for disposal of the present Letters Patent Appeal are that the present respondent was appointed as a daily wager to work for 2 hours everyday with effect from 25.07.1986, thereafter, he was offered work for 4 hours a day from January 1987 to May 1988, and 6 hours a day from June 1988 to 18th June 1989. Appointment orders state that the respondent was appointed on a vacant post, but will be removed from service after a person regularly appointed is made available to the appellant. After a peon was regularly employed after the selection with effect from 19.06.1990, the respondent's services were terminated. Being aggrieved by the order of termination and treating the same to be illegal retrenchment the workman opted for a reference, the same was registered as Reference No. 661 of 1991 in the Labour Court, Rajkot. By order/ award dated 01.06.1994 the Labour Court directed the employer to reinstate the respondent in service with continuity and make payme...
Tag this Judgment!Honest Industrial Sentinels Vs. Official Liquidator of Anik Ship Break ...
Court: Gujarat
Decided on: Aug-18-2005
Reported in: [2006]67SCL293(Guj)
ORDERK.A. Puj, J.1. The applicant, namely, Honest Industrial Sentinels, has taken out this Judges Summons seeking direction to the Official Liquidator to make the payment of an amount of Rs. 2,18,858 to the applicant being the amount of outstanding bills for the security services provided by the applicant from 4.6.2002 to 28.3.2003 for the assets of the Company-in-Liquidation, namely, Anik Ship Breaking Industries Ltd.2. An affidavit is filed by Shri Ashoksingh Rathour - Manager of the applicant firm, in support of Judges Summons. Mr. H.S. Tolia, learned advocate appearing for the applicant has submitted that the Official Liquidator vide his letter dated 24.5.2002 appointed the applicant as security agency for the purpose of safeguarding the assets and properties of the Company and for that purpose, the applicant was directed to remain present at the registered office of the Company-in-Liquidation, situated at Bhavnagar on 4.6.2002 for the purpose of taking over the charge of assets an...
Tag this Judgment!Official Liquidator of Ahmedabad Mfg. and Calico Printing Mills Ltd. V ...
Court: Gujarat
Decided on: Aug-17-2005
Reported in: [2005]63SCL295(Guj)
K.A. Puj, J.1. The O.L.has filed this report seeking permission of this Court to transfer an amount of Rs. 1,32,38,600 from the sale proceeds of the assets of the Company, to the 'Company Paid Staff Salary Reserve Funds A/c.' towards reimbursement of security expenses incurred from Company Paid Staff Reserve Funds A/c. up to November, 2003 on ad hoc basis, being the cost of liquidation. The O.L. has further sought permission to pay the security expenses bills for the month of December, 2003 onwards from the sale proceeds of the assets of the company as cost of liquidation till all the assets of the Company are sold. He has further sought for the permission to encash the FDRs to the extent necessary for the purpose of transferring the amount from the sale proceeds of the assets of the Company to the 'Company Paid Staff Salary Reserve Funds A/c.' and for making payment of the security expenses bills for the month of December, 2003 onwards.2. The O.L. has submitted in his report that Cali...
Tag this Judgment!United India Insurance Co. Ltd. Vs. Hasmukh Hirjibhai Chauhan Through ...
Court: Gujarat
Decided on: Aug-17-2005
Reported in: 2006ACJ1238; (2005)3GLR2488
Bhawani Singh, C.J.1. Through this appeal, award of the M.A.C.T. Jamnagar, in Claim Petition No. 883 of 1998 dated January 17, 2005 is challenged.2. Shortly stated, accident took place on 29-7-1998. Hasmukh Hirji Chauhan was moving on his Luna Moped bearing Registration No. GJ-10-E-7206 at about 10-00 p.m. towards Three Gates. He was driving his Luna Moped on correct side of the road. Near Grain Market, Bardanwala Road, one tractor bearing Registration No. GJ-10-K-165 driven opponent No. 1 came from Three Gates Petrol Pump on wrong side, driven rashly and negligently, suddenly turned to Sugar Market. Trolly of the tractor dashed with the Luna Moped, as a result, claimant was thrown of the Moped, suffered grievious head injuries including fracture of skull, brain, haemorrhage etc. He was immediately shifted to the Irwin Group of Hospitals, Jamnagar for treatment. Criminal Case was registered with the Police. He was 40 year-old at the time of accident, hale and hearty, only earning membe...
Tag this Judgment!Sterlite Industries (India) Ltd. and Anr. Vs. Union of India (UOi) thr ...
Court: Gujarat
Decided on: Aug-12-2005
Reported in: 2007[7]STR606
D.A. Mehta, J.1 This petition under Article 226 of the Constitution of India seeks a writ of mandamus directing the respondents to forthwith refund the amount of Rs. 44,20,58,831/- to the petitioner and consequential relief as may be appropriate.2 The brief facts are that on 31/3/2003 the petitioner had filed two refund claims for Rs. 18,17,67,645/- and Rs. 52,54,06,510/-, since the petitioner was not in a position to utilise the credit of duty paid on inputs on account of the fact that finished goods were exported under bond. In the first round of appeals before the Commissioner (Appeals)and then Customs, Excise and Service Tax Appellate Tribunal (CESTAT), against the order of rejection by respondent Nos. 3 and 4, the matter was remanded by CESTAT to Commissioner (Appeals) to factually verify whether the refund of accumulated credit claimed by the petitioner was attributable to the export of goods under bond alone or was relatable to any other exports.3 In compliance with the directio...
Tag this Judgment!In Re: Official Liquidator of Ahmedabad Mfg. and Calico Print Mills Co ...
Court: Gujarat
Decided on: Aug-12-2005
Reported in: [2006]67SCL306(Guj)
ORDERK.A. Puj, J.1. The applicant-Official Liquidator has filed this application seeking review of the order dated 18.7.2005 passed by this Court in O.L.R. No. 61 of 2005 and for recalling the observations, findings and directions made against him and particularly, those made, inter alia, in paragraph Nos. 42 to 46 thereof. The Official Liquidator has also prayed for stay against the implementation, execution and operation of the directions issued by this Court qua him and particularly, those contained in paragraph Nos. 42 to 46 of the order dated 18.7.2005 in O.L.R. No. 61 of 2005.2. Mr. Mihir Joshi, learned Senior advocate with Mr. Vimal M. Patel, learned advocate appearing for the Official Liquidator has submitted that the directions are given by this Court in para Nos. 42 to 46 without hearing the applicant on those issues and without calling for any explanation from the applicant. Certain observations are straightaway found in the order itself. The Official Liquidator has not been...
Tag this Judgment!Bhikhubhai Vitthalbhai Patel and 26 ors. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Aug-11-2005
Reported in: (2006)1GLR558
Akil Kureshi, J.1. Since factual and legal controversies arising in these petitions are common, both these petitions have been heard together and are being disposed of by this common judgment.2. In an order dated 24th February 2005, learned single Judge of this Court had recorded that the matter will be heard finally on the next date i.e. 23rd March 2005 or any other subsequent date. Accordingly, these petitions were argued before me at considerable length by the learned advocates appearing for the parties.3. In these petitions, the petitioners who are the land owners of land situated at village Barthana-Vesu which is in the vicinity of Surat City have challenged the action of the Government designating their lands for educational use.4. Facts in brief, which are not in dispute can be noted at the outset.4.1 The petitioners in these petitions are owning different parcels of lands in the above mentioned villages in the vicinity of Surat City. On 4.8.81, Surat Urban Development Authority...
Tag this Judgment!Chairman/Secretary Bhadreshwar Co-op. Hosg. Soc Vs. Maharaj Samosa Cen ...
Court: Gujarat
Decided on: Aug-10-2005
Reported in: (2006)1GLR98
D.H. Waghela, J.1. This appeal is preferred from the order dated 9.2.2005 below the applications (Notice of Motions) Exhs.6-7 and 22 in the Civil Suit No. 2472 of 2004 pending in the City Civil Court, Ahmedabad. After initial order dated 13.9.2004 to maintain status quo in regard to the 'suit wall', the applications Exhs.6-7 of the present appellant is dismissed and the ad-interim relief is vacated with an order, pursuant to the respondents' application Exh.22, to the appellant to demolish the suit wall at their own cost within three months.2. Challenging the aforesaid order, it is contended on behalf of the appellant that admittedly the appellant is the owner of the housing society and the compound wall that existed around the buildings of the society has to be protected and could not be ordered to be demolished at the instance of the occupants of certain shops. It was the case of the appellant that the wall that existed had been demolished on 4.9.2004 and after the resolution dated 6...
Tag this Judgment!Jubilee Mills Ltd. Employees' Co.Op. Society Ltd. Vs. O.L. of Jubilee ...
Court: Gujarat
Decided on: Aug-10-2005
Reported in: [2005]63SCL482(Guj)
K.A. Puj, J.1. The applicant, namely, Jubilee Mills Limited Employees Co-operative Society Limited has taken out this Judge's Summons seeking extension of time for the period of one month to lift the material sold to the applicant in response to the order passed by this Court in O.L.R. No. 11/2004 dated 01.04.2004 without charging any rent.2. An affidavit in support of the Judge's Summons is filed by Shri A.K. Doshi, President of the applicant Society. It is stated in the said affidavit that the employees of the Ahmedabad Jubilee Mills Limited had formed the applicant Credit Society and the shareholders of the applicant Credit society were the actual employees of the Jubilee Mills Limited (In Liquidation). It is further stated that various machineries like G.P.D. Plant and other machineries were auctioned out by the Sale Committee. The applicant Society had given a bid of Rs. 1.75 Lacs and the Official Liquidator has filed his report being O.L.R. No. 11/2004. This Court has accepted th...
Tag this Judgment!Samar Man-made Fibers Pvt. Ltd. Vs. Alaukik Trading and Investment Pvt ...
Court: Gujarat
Decided on: Aug-10-2005
Reported in: [2005]63SCL200(Guj)
K.A. Puj, J.1. Since all these matters are inter-connected and since common pleadings and common arguments are made by the parties, they are being disposed of by this common judgment.2. Company Petition No. 153 of 1985 is filed by Samar Man-Made Fibres Private Limited under Section 433 & 434 of the Companies Act, 1956 for winding up of the respondent Company on the ground that the respondent Company has failed and neglected to pay the dues of the petitioner amounting to Rs. 30,28,422.79 being the aggregate sum of the principle amount of Rs. 25,87,729/- and interest calculated thereon @ 21% p.a. upto the date of the petition.3. Similar petitions were filed by Gaekwad Agencies Pvt. Ltd. being Company Petition No. 154 of 1985, Pratap Investment Private Limited being Company Petition No. 155 of 1985 and Anjana Dealers Private Limited being Company Petition No. 156 of 1985 against the very same respondent Company, namely, Alaukik Trading & Investment Private Limited.4. The petitioners of al...
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