Gujarat Court March 2006 Judgments
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Pratapji Nathaji Thakore Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Mar-24-2006
Reported in: [2006(111)FLR678]
D.H. Waghela, J.1. All these petitions were stated to be making the common grievance and praying the same relief of directions to the respondent authority to immediately regularize the services of the petitioners and place them in suitable pay-scales with effect from the initial appointment and grant consequential benefits and back wages. The facts and annexures were duly elaborated and annexed only in Special Civil Application No. 2764 of 2006 on the basis of which common arguments were advanced by the learned Counsel Mr. Dipak Dave appearing for Mr. K. I. Acharya, learned Advocate for the petitioner,2. It is generally the case of the petitioners that they have put in more than 20 years of service under the respondent as 'Nakal Karkoon' and their services came to be abruptly ended towards the end of the year of 2004 after the last appointment for a period of 3 months. The last order of appointment dated 16-12-2004 at Annexure 'C to the petition clearly stipulated that the petitioner i...
Rameshbhai Ramanlal Patel and ors. Vs. Shree Bansidhar P. Ltd.
Court: Gujarat
Decided on: Mar-24-2006
Reported in: [2006]133CompCas590(Guj)
R.S. Garg, J.1. The original petitioners, being dissatisfied by the order dated September 16, 2004, passed in Company Petition No. 51 of 2001 Rameshbhai Ramanlal Patel v. Shree Bansidhar P. Ltd. [2005] 127 Comp Cas 806 (Guj) by the learned company judge, whereunder, the prayer of the petitioners to wind up the company has been rejected, are before this Court.2. Mr. Ashwin L. Shah, learned Counsel for the appellants referred to the following judgments:(a) A. Ramachandran v. Narasaraopet Electric Corporation Ltd. [1972] 42 Comp Cas 182 (AP).(b) Orissa Trunks and Enamel Works Ltd., In re [1973] 43 Comp Cas 503 (Orissa).(c) Virendrasingh Bhandari v. Nandlal Bhandari and Sons P. Ltd. [1980] 50 Comp Cas 54 (MP).(d) Jivabhai Marghabhai Patel v. Extrusion Processes P. Ltd. [1966] 2 Comp LJ 74 (Bom).(e) S. Sundaresan v. Plast-O-Fibre Industries P. Ltd. [1993] 76 Comp Cas 38 (Mad).3. Mr. Shah, learned Counsel for the appellants contended that where a company has lost its substratum, is unable to...
Gunvantiben Dayarambhai Patel and ors. Vs. Union of India (Uoi)
Court: Gujarat
Decided on: Mar-23-2006
Reported in: AIR2006Guj154; (2006)2GLR1208
D.H. Waghela, J.1. Rule. Mr. Jitendra Malkan, learned Assistant Solicitor General of India, waives service for the respondent. All these petitions are voicing the same or similar grievance and seeking similar relief of direction to the Regional Passport Officer to, in effect, amend the passport so as to incorporate the correct date of birth. There was a limited consensus that detailed examination and narration of facts of each petition was not required and the legal issue involved in the matter was squarely covered by the judgment dated 24.2.2006 of this Court (Coram: M.R.Shah, J.) in Special Civil Application No. 2716 of 2006 and allied matters, wherein important observations, as under, are made:(7)...Therefore, this Court fails to appreciate that why such order of this Court requires to be obtained by the petitioner/s herein and/or any of applicant or the person who wants to have necessary correction in the passport in the date of birth and/or the place of birth on the basis of the c...
Shanabhai Chandubhai Vasava Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Mar-22-2006
Reported in: 2006CriLJ3252
C.K. Buch, J.1. Heard Mr. G. Ramakrishnan, learned Counsel appearing for the appellant-orig. accused and Mr. K.P. Raval, learned Additional Public Prosecutor, on behalf of the respondent-State.2. The appellant-orig. accused has challenged the legality and validity of the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Bharuch, in Sessions Case No. 101 of 1998, whereby the learned trial Judge has held the appellant herein guilty for the offence punishable under Section 376 of the Indian Penal Code. Recording conviction, the learned trial Judge has ordered that the appellant shall undergo rigorous imprisonment for a period of 10 years and also to pay a fine of Rs. 500/- and in the event of default in paying the amount of fine, shall undergo rigorous imprisonment for further three months. 3. Mr. G. Ramakrishnan, learned counsel appearing for the appellant, has taken us through the nature of evidence led by prosecution and the reasons assigned...
Manjulaben Chandrakant Doshi Vs. Punjabhai Polabhai Bharwad
Court: Gujarat
Decided on: Mar-22-2006
Reported in: (2006)2GLR1520
P.B. Majmudar, J.1. The petitioner herein is the original plaintiff who instituted a suit being Regular Civil Suit No. 437 of 1982 before the Civil Court, Dholka for getting the decree for possession as well as for recovery of arrears of rent from the defendant-tenant. The case of the plaintiff is that the plaintiff is the owner of the disputed land situated at village Rohika, Taluka Dholka, District Ahmedabad. The case of the plaintiff further is that it was agreed by the plaintiff and the defendant to construct a hotel over the suit land and they were to run the business of hotel jointly. A partnership deed was executed in this behalf between the plaintiff and the defendant. However, subsequently, the plaintiff was not willing to continue the said business with the defendant and therefore it was decided not to continue the said partnership firm. The defendant thereafter agreed to continue in occupation of the suit premises as tenant at a monthly rent of Rs. 500/-. It is further the c...
Guj. State Road Transport Corporation Vs. D.V. Chauhan
Court: Gujarat
Decided on: Mar-21-2006
Reported in: [2006(111)FLR1097]; (2006)2GLR889; (2006)IIILLJ196Guj
Bhawani Singh, C.J.1. Shri D.V.Chauhan (respondent) was a Conductor at Bardoli Depot of Gujarat State Road Transport Corporation (Corporation for short). On 3.5.1990, his duty was on Surat ' Mandvi road. When the bus reached between Karanj and Mandvi, checking squad of Corporation checked the bus. At this time, there were 74 passengers in the bus. It was found that he had collected Rs. 14/- from two passengers and had issued used tickets worth Rs. 6/- with an intention to misappropriate public money. It was also found that to two passengers who were travelling from Surat to Archena, he issued tickets worth Rs. 12/- out of which, tickets worth Rs. 6/- were re-used. To a passenger, who was travelling from Kim Char Rasta to Amalsadhi, after collecting the fare of Rs. 4/-, he issued ticket worth Rs. 6/- which was used in the earlier trip. Some other irregularities were also found during the checking. Therefore, he was found having misappropriated Rs. 28/- by issuing used tickets to six pas...
Bhavarlal Ganeshram Vs. Jasiben Wd/O. Ishwarlal Ramchand and ors.
Court: Gujarat
Decided on: Mar-21-2006
Reported in: (2006)3GLR2230
P.B. Majmudar, J.1. The petitioner herein is the original plaintiff of H.R.P. Civil Suit No. 995 of 1992. Aforesaid suit was filed by the plaintiff before the Small Causes Court, Ahmedabad for getting decree for possession of the rented premises from the defendant-tenant on various grounds. Trial Court dismissed the suit against which the petitioner had preferred an appeal being Civil Appeal No. 156 of 2001. Said appeal was heard by the appellate Bench of the Small Causes Court, Ahmedabad. Appellate Bench dismissed the appeal against which the unsuccessful plaintiff has filed this Civil Revision Application before this Court by invoking provisions of Section 29(2) of the Bombay Rent Act.2. The plaintiff is the owner of the premises consisting of one room and 'osary'. The same was let out to the defendant at a monthly rent of Rs. 13/-. The original-defendant expired during the pendency of the suit, and therefore, his heirs were brought on record. The case of the plaintiff is that he had...
United India Insurance Co. Ltd. Vs. Kadviben Udabhai Rathwa and anr.
Court: Gujarat
Decided on: Mar-21-2006
Reported in: IV(2006)ACC345; 2006ACJ2019; AIR2006Guj120; (2006)2GLR1257
Bhawani Singh, C.J.1. These are cases of permanent disablement and death of one person due to accident caused when the driver lost control of the vehicle. Claimants suffering permanent disablement filed applications under Section 140 of the Motor Vehicles Act, 1988 (hereinafter `the M.V. Act') and in case of death of one of the occupants of the vehicle, legal heirs preferred claims both under Section 140 and 166 of the M.V. Act. These applications were opposed by the Insurance Company on grounds that the claimants were gratuitous passengers travelling in a goods vehicle, they did not suffer permanent disability, their names were not in the F.I.R./charge-sheet and nexus with the accident and injuries was not established. However, the Tribunal recording the finding of involvement of the vehicle and injuries to the claimants resulting from the accident, brushed aside the defences of the Insurance Company, holding that they could be decided later on merits. Accordingly claimants were award...
Union of India (Uoi) Vs. Nilkanth Tulsidas Bhatia and 7 ors.
Court: Gujarat
Decided on: Mar-20-2006
Reported in: (2006)2GLR952
M.S. Shah, J.1. This appeal is directed against the order dated 7.3.2006 of the learned Single Judge directing the Railway Administration and all others not to give any further publicity to the report of the High Level Committee headed by Mr Justice UC Banerjee and not to implement and not to take any further action on the basis of the said report meaning thereby the learned Single Judge has directed that the said report shall not be further acted upon and relied upon in any manner whatsoever by anybody including the respondents. The learned Single Judge has also fixed the final hearing of the petition in the week commencing from 3.4.2006.We heard the learned counsel at length. With their consent the appeal was taken up for final disposal and is accordingly being disposed of by this judgment.F A C T S2. On 27.2.2002, an unfortunate incident took place when 58 passengers lost their lives on account of the fire caused in the S-6 coach of Sabarmati Express near the Godhra Railway Station ...
State of Gujarat Vs. Aher Jaga Ramshi
Court: Gujarat
Decided on: Mar-17-2006
Reported in: [2006(110)FLR984]
H.K. Rathod, J.1. Heard the learned AGP, Ms.Archna Raval, appearing on behalf of petitioners. 2. In both these petitions, the petitioner ' Forest Department has challenged the common award passed by Labour Court, Jamnagar in respect to Aher Jaga Ramshi and Pratapsinh Ratansinh in Reference Nos. 145 of 1994 and 147 of 1994 dated 19th May, 2004. The Labour Court, Jamnagar has partly allowed the Reference in favour of Aher Jaga Ramshi and Pratapsinh Ratansinh and granted reinstatement with continuity of service without back wages of interim period. The Labour Court, Jamnagar has rejected the Reference No. 146 of 1994 in respect to Bhikhubhai Khimaji. The Labour Court has directed to implement the said award within a period of 30 days from the date of its publication. The contention raised by learned AGP, Ms.Archna Raval, before the Labour Court that the petitioner is not an 'industry' within a meaning of Section 2(j) of the I.D. Act, 1947. She submitted that according to budgetary provisi...
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