Gujarat Court April 2006 Judgments
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Kiran N. Gajjar, Proprietor of Kingsway Graphics Vs. O.L. of Parimal F ...
Court: Gujarat
Decided on: Apr-20-2006
Reported in: [2007]135CompCas352(Guj); [2007]78SCL274(Guj)
K.M. Mehta, J. 1. Kiran Gajjar, Proprietor of M/s. Kingsway Graphics, Ahmedabad, has taken out Judge's Summons with a prayer that this Court may declare that the applicant herein is the owner of premises F-6A and has exclusive right, title and interest in the premises F-6A, World Business House, situated near Parimal Garden Charrasta, Ellisbridge, Ahmedabad (hereinafter referred to as Sthe Suit Property) and that the said premises is not the property charged towards loan agreement between , respondent No. 2 herein and erstwhile Piramal Financial Services Ltd. (now under liquidation) (hereinafter referred to as Piramal). The applicant further prays that this Court may direct the Official Liquidator not to disturb the possession of premises F/6A till the hearing of Official Liquidator Report No. 53 of 2002. 2. In support of the aforesaid Judge's Summons, an affidavit dated 1.3.2004 of Kiran N. Gajjar, Proprietor of Kingsway Graphics, the applicant, has been filed. 2.1 In the said affidav...
Ajendraprasad Narendraprasad Pandey Vs. State of Gujarat
Court: Gujarat
Decided on: Apr-19-2006
Reported in: (2006)2GLR1683
Bankim N. Mehta, J. 1. The petitioner by way of filing this petition under Article 226/227 of the Constitution of India has prayed to issue appropriate writ,order or direction to quash and set aside the arrest warrant issued against the petitioner under Section 70 of the Code of Criminal Procedure, 1973 (hereinafter referred to as SCr. P.C.) by the learned Judicial Magistrate, First Class, Nadiad, in the offence registered as I CR No. 4/2005 at Chaklasi Police Station, Dist. Kheda. 2. The facts disclosed from the record of the case are as under : i. On 8-1-2005 a complaint was lodged by Swami Dharmapriydasji of Vadtal Swaminarayan Temple before Chaklasi Police Station against five persons for alleged commission of the offences punishable under Sections 153A, 153B, 294, 295A, 120B of the I.P. Code and under Sections 5A, 5B and 9 of the Immoral Traffic(Prevention) Act, 1956 alleging that Sadhus of Swaminarayan Temple and Gurukul by their illicit sexual acts have defamed the whole religio...
Gujrat Water Resources Dev. Corpo. Ltd. Vs. Baldevji Mohanji Solanki
Court: Gujarat
Decided on: Apr-18-2006
Reported in: [2006(110)FLR685]
H.K. Rathod, J. 1. Heard learned Advocate, Mr. D.G. Chauhan, appearing on behalf of petitioner Corporation in all the three matters. 2. This group of three petitions involve one legal question and, therefore, common order is passed by this Court. 3. The fact of SCA No. 8010 of 2006 are as under : 3.1 The service of respondent workman was terminated on 5th July,1989. Industrial dispute was referred for adjudication on 15th November,1989 and award was passed by Labour Court, Ahmedabad in Reference No. 1884 of 1990 on 24th January,2001 granting reinstatement as a daily wagers and benefit of GR dated 17th October,1988 with back wages of interim period. This award is published on 26th October,2001 which was received by petitioner on 6th November,2001. This award is challenged by petitioner in present petition after a period of about more than 4 years. The reason for delay in challenging the present petition is incorporated in Para.10 of the present petition, which is quoted as under : The ...
Torrent Power Aec Ltd. Vs. Gayatri Intermediates Pvt. Ltd.
Court: Gujarat
Decided on: Apr-13-2006
Reported in: (2006)2GLR1580
ORDERNew Delhi, the 8th June, 2005.S.O. 790(E) Whereas the Electricity Act, 2003 (36 of 2003) (hereinafter referred to as the Act) came into force on the 10th June, 2003 :And whereas Section 50 of the Act provides that the State Commission shall specify an Electricity Supply Code to provide for recovery of electricity charges, intervals for billing of electricity charges, disconnection of supply of electricity for non-payment thereof, restoration of supply of electricity, tampering, distress or damage to electrical plant, electric lines or meter, entry of distribution licensee or any person acting on his behalf for disconnecting supply and removing the meter, entry for replacing, altering or maintained electric lines or electrical plant or meter;And whereas the distribution licensees have expressed difficulties in controlling theft of electricity and in taking appropriate action in this regard;And whereas enabling the distribution licensees for taking timely and appropriate action in c...
Al Vijay Owners Association Vs. Ahmedabad Municipal Corporation
Court: Gujarat
Decided on: Apr-12-2006
Reported in: (2006)2GLR1547
Akshay H. Mehta, J1. Admit. At the request of learned advocates appearing for the appellant and respondent, the matter was taken up for final hearing on 3rd April, 2006 and it was kept for CAV judgment, which I now propose to deliver as under.2. Appellant is the original plaintiff of Civil Suit No. 277 of 2003 pending on the file of the Ld. City Civil Judge, Ahmedabad. The suit is filed for declaration and permanent injunction. The appellant has challenged the notice served on it by respondent under Section 260(1) and (2) of the Bombay Provincial Municipal Corporations Act [hereinafter referred to as 'the Act'] on the ground that the said notice is illegal and without any justification and prayed for declaration to that effect. The appellant has also prayed for permanent injunction to restrain the officers of respondent Corporation from demolishing the property developed by the appellant, which is situated in Ward Kalupur-3 known as Bababhai Atmaram's Chawl, bearing survey nos. 2697, 2...
Gujarat State Road Transport Corporation Vs. Narmadashanker G. Joshi
Court: Gujarat
Decided on: Apr-10-2006
Reported in: [2006(111)FLR1038]
Sharad D. Dave, J.1. By filing this petition, the petitioner has prayed for quashing and setting aside the judgment and award delivered by the Labour Court, Bhavnagar in Reference (LCB) No.182 of 1987, by which the Labour Court has directed the petitioner Corporation to reinstate the respondent workman on his original post with continuity of service and that the Labour Court has also granted back wages for the intervening period. 2. Heard Mr. H.C.Raval, learned advocate appearing for the petitioner Corporation and Mr. Mukesh H Rathod, learned advocate for the respondent workman. 3. At the hearing, it is submitted by Mr. Raval that the respondent workman has already been reinstated in service and, therefore, now the question which remains to be decided by this Court is with regard to back wages granted by the Labour Court vide impugned judgment and award. It is further submitted by Mr. Raval that there cannot be straight jacket formula for granting the back wages in favour of the concer...
Mahendra @ Malio Bachubhai Vs. State of Gujarat
Court: Gujarat
Decided on: Apr-05-2006
Reported in: 2006CriLJ4797; (2007)1GLR39
A.L. Dave, J.1. This appeal arises out of a judgment and order rendered by learned Additional City Sessions Judge, Court No. 27, Ahmedabad on June 11, 1997 in Sessions Case No. 209 of 1996. The appellant was tried by the Sessions Court and came to be convicted for an offence punishable under Section 302 of the Indian Penal Code and ordered to undergo rigorous imprisonment for life. The appellant also came to be convicted for an offence punishable under Section 135(1) read with Section 37(1) of the Bombay Police Act and came to be sentenced to undergo simple imprisonment for 1 year and to pay fine of Rs. 200/- and in default, to undergo simple imprisonment for a period of 15 days. The sentences were ordered to run concurrently. Benefit of set off was ordered to be given to the accused/appellant. 2. The incident occurred on 11th May, 1996 at about 11-40 P.M. near the house of Gafurbhai situate at Narsinhji's Neliya in Gomtipur area of Ahmedabad. The appellant is alleged to have assaulted...
Bhavnagar District Co-operative Bank Ltd. and ors. Vs. State of Gujara ...
Court: Gujarat
Decided on: Apr-05-2006
Reported in: (2006)2GLR1754
J.M. Panchal, J.1. In these petitions, pertaining to the election to Bhavnagar District Cooperative Bank Limited, which is a Federal-cum-Specified Cooperative Society, common questions of facts and law have been raised for consideration of this Court and, therefore, they are being decided by this common judgment.2. In the abovenumbered petitions, filed under Article 226 of the Constitution, the common prayer made is, to issue a writ of mandamus or a writ of certiorari or any other appropriate writ or direction, to set aside the order dated March 27, 2006 passed by the Election Officer of Specified Cooperative Societies-cum-Deputy Collector, Bhavnagar, by which Mr.Jivrajbhai Nagjibhai Sutariya of Village Piparadi, Taluka: Shihore, District: Bhavnagar, is informed that the amendment in the bye-laws of Bhavnagar District Cooperative Bank Limited (Sthe Specified Society for short) to enable the cooperative societies situate in Savarkundla Revenue Taluka as its members to exercise right of ...
Commissioner of Central Excise Vs. Gupta Steel
Court: Gujarat
Decided on: Apr-04-2006
Reported in: 2008[12]STR101
ORDERJ.M. Panchal, J.1. The respondent is engaged in the manufacture of excisable goods i.e. Iron & steel scrap and other ferrous and nonferrous materials obtained by breaking of old ships. The respondent was availing Cenvat credit under Rule 57AB of the erstwhile Central Excise Rules, 1944 (now Rule 3 of Cenvat Credit Rules, 2002). The respondent is importing old ships for breaking and is availing of the credit of additional custom duty paid on the ships as Cenvat credit, and is utilizing the same for fulfilling the duty liability at the time of clearance of its final products.2. Three show cause notices under Rule 57AH (now Rule 12 of Cenvat Rules) read with Section 11A and Section 38A of the Central Excise Act, 1944 and interest under Section 11AB of the Central Excise Act, 1944, were issued to the respondent-assessee for having wrongly taken credit of additional custom duty paid on bunker, foodstuff etc. The Assistant Commissioner confirmed the demand raised in the show-cause notic...
Soni Kirit Jivan Vs. State of Gujarat
Court: Gujarat
Decided on: Apr-03-2006
Reported in: (2006)3GLR2234
H.K. Rathod, J.1. Heard learned Advocate Mr. K.B. Anandjiwala for appellant, learned APP Mr. P.D. Bhate for the State of Gujarat. Through this appeal, appellant ' original accused No. 1 in Special Case No. 34 of 1991 has challenged the order of conviction dated 27.5.1993 passed by the Special Judge, Surendranagar in Special Case No. 34 of 1993 wherein the appellant was convicted for the offence under Section 332, 504 and 506 (Ist Part) and was ordered to undergo eight days SI and fine of Rs. 2000.00, in default, one month's SI and all the sentences were ordered to run concurrently. 2. Short facts of the case of prosecution are to the effect that the complainant Mansukhbhai Virjibhai Rathod belongs to scheduled caste i.e. of Harijan community; he was Deputy Executive Engineer in Water Supply Department of the State of Gujarat at Surendranagar. Incident in question took place on 3.7.1991 at about 9.00 p.m. In the Chamber of the complainant which is situated in 4, Kiran Society, Surendran...
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