Gujarat Court May 2006 Judgments
Ullasba Mangalsinh Sarvaiya Vs. Mustufabhai Hasanbhai Pindhra (Menon) ...
Court: Gujarat
Decided on: May-03-2006
Reported in: I(2007)ACC870
K.S. Jhaveri, J.1. By way of this petition, the petitioners have prayed for following reliefs:(a) Your Lordships be pleased to issue the writ of mandamus or any other appropriate writ and be pleased to quash and set aside the impugned order dated 7th July, 2005 passed by the Motor Accident Claims Tribunal (Main), Bhavnagar below Exts. 4/32 and 36 in M.A.C.P. No. 337 of 2003 and further be pleased to disburse appropriate amount in favour of the petitioners in the interest of justice.(b) Your Lordships be pleased to direct the Tribunal to pay appropriate amount to the petitioners out of the deposited amount of compensation during the pendency, notice, hearing and final disposal of the present petition in the interest of justice.(c) ....2. The brief facts of the case are that the deceased met with an accident on 9th April, 2003 that occurred between Sathra and Valavav villages of Mahuva Taluka of Bhavnagar district. According to the petitioner-claimants, the deceased was the only breadwin...
Tag this Judgment!Mohan V. Pednekar Vs. Executive Director (H.R.), Indian Oil Corporatio ...
Court: Gujarat
Decided on: May-03-2006
Reported in: (2007)2GLR1735
M.S. Shah, J.1. Admit. With the consent of the learned Counsel for the parties, the appeal is taken up for final disposal today.2. This appeal is directed against the order dated 28-4-2006 by which the learned single Judge dismissed the writ petition of the appellant herein (challenging the order of penalty in a departmental proceedings) as not maintainable on the ground of want of territorial jurisdiction of this Court.3. The appellant (hereinafter referred to as 'the petitioner') is an employee of the Indian Oil Corporation Ltd., the respondent-company with its Head Office at Mumbai and was serving at the relevant time at Mumbai where the alleged misconduct took place. When the charge-sheet dated 1-12-2003 was issued by respondent No. 2 (the disciplinary authority at Mumbai), the petitioner was rendering his services at Mumbai. After the departmental inquiry was concluded by the Inquiry Officer, but before the disciplinary authority passed the order of penalty, the petitioner came to...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Bhavani Nanji Pachanbhai Patel and or ...
Court: Gujarat
Decided on: May-02-2006
Reported in: 2007ACJ2067
J.R. Vora, J.1. This appeal is admitted and upon request of learned Counsel for the parties, this appeal is taken up today for final hearing.2. Heard learned Counsel Mr. Parikh for the appellant and learned advocate Mr. H.M. Modi for respondent Nos. 1 and 2, original claimants.3. Original claimants filed M.A.C.P. No. 906 of 1997 before learned Motor Accidents Claims Tribunal, Kachchh at Bhuj under Section 166 of the Motor Vehicles Act for obtaining compensation for the death of Pushpaben N. Bhawani on 21.8.1997 in vehicular accident. The other opponents of this appeal are owners and drivers of the vehicles involved in the accident.4. In the aforesaid M.A.C.P. No. 906 of 1997 at Exh. 50 in shape of interim application, request was made by the claimants to award compensation under Section 163-A of the Motor Vehicles Act.5. The learned Tribunal was pleased to grant the above said application at Exh. 50 on 15.1.2001 awarding compensation of Rs. 1,94,500 to claimants under structured formul...
Tag this Judgment!Torrent Power Aec Ltd. Vs. Shreeji (Rakhial) Commercial Co-oprative Ho ...
Court: Gujarat
Decided on: May-01-2006
Reported in: AIR2006Guj190; (2006)3GLR1944
D.A. Mehta, J. Page 1255 1. This Letters Patent Appeal challenges judgment and order dated 31st August, 2005 passed by the learned Single Judge in Special Civil Application No. 15545 of 2004. The appellant herein is the original respondent and the respondent is the original petitioner. Hereinafter, for the sake of convenience, the parties shall be referred to as per their respective description in the petition. 2. The petitioner approached the respondent Electricity Company for grant of electric connection. The respondent-Electricity Company, instead of granting the connection, called upon the petitioner to pay the outstanding dues amounting to Rs. 12,30,16,068.54 which were due from the erstwhile owner of the premises upto the date of dis-connection i.e. 15th July, 1999. The petitioner, therefore, challenged the said claim and the refusal to grant electric connection by way of a writ petition which came to be allowed by the learned Single Judge vide the impugned judgment. 3. The respo...
Tag this Judgment!Bhishma N. Thakore Vs. Dena Bank
Court: Gujarat
Decided on: May-01-2006
Reported in: [2007]80SCL44(Guj)
ORDERR.M. Doshit, J.1. These three petitions under Article 226 of the Constitution of India have been preferred by the guarantors against the action of the respondent Dena Bank ('the Bank') in issuing notice for remittance of its dues under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('the Act of 2002').2. It is not in dispute that the bank had advanced financial assistance to one Norris Medicines Limited ('the Company') to the extent of Rs. 365 lakhs which was later enhanced to Rs. 720 lakhs. The petitioners herein gave guarantee and offered the property in question in mortgage as collateral security. It is also not in dispute that the Company failed to discharge its liability to the bank. The bank has, therefore, approached the Debt Recovery Tribunal (hereinafter referred to as 'the Tribunal') under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 ('the Act of 1993'). The bank has fil...
Tag this Judgment!Tensile Steel Ltd. and anr. Vs. Punjab and Sind Bank and ors.
Court: Gujarat
Decided on: May-01-2006
Reported in: AIR2007Guj126; [2007]139CompCas359(Guj); [2007]79SCL570(Guj)
ORDERR.M. Doshit, J.1. Heard the learned advocates. RULE. Learned Advocates Mr. Gandhi and Mr. Mengdey waive service of rule on behalf of the concerned respondent. With the consent of the learned advocates, petition is taken up for final hearing.2. The petitioners before this Court are a company incorporated under the Companies Act, 1956 and one another (hereinafter referred to as 'the Company'), the borrowers in default. The respondent No. 1 is the Punjab and Sind Bank Limited (hereinafter referred to as, 'the Bank'). The Bank had extended financial assistance to the Company. The Company challenges the action of the Bank in initiating the recovery proceeding under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as. 'the Act of 2002') and the order of the District Magistrate, Vadodara made on 4th January, 2005 under Section 14 of the Act of 2002.3. Mrs. Mehta has submitted that, the action of the Bank in ...
Tag this Judgment!State of Gujarat Vs. Bharwad Raju Raghav
Court: Gujarat
Decided on: May-01-2006
Reported in: 2007CriLJ384
C.K. Buch, J.1. The present Criminal Appeal is preferred by the State of Gujarat under Section 378 of CrPC against the judgment and order of acquittal dated 28.01.1986 passed by the ld. Sessions Judge, Rajkot in Sessions Case No. 25/1985, whereby the ld. Trial Judge acquitted the respondent accused for the offence punishable under Section 376 of Indian Penal Code.2. The respondent accused was tried for the offence punishable under Section 376 of Indian Penal Code (IPC for short) on the strength of one complaint filed by the father of the victim girl namely Dhirajlal Bhimjibhai Sagar being CR No. 160/1985 registered with Rajkot City SB Division Police Station. According to the prosecution, the offence of rape has been committed by the respondent accused on 18.06.1985 between 8.00 a.m. and 8.30 a.m. Victim girl is allegedly raped by the respondent accused who was aged about 7 to 8 years of age. Her mother had sent her to purchase butter milk at Ranchhodnagar society of city of Rajkot. Wh...
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