Gujarat Court October 2007 Judgments
Chanasma-patan Taluka Gram Vikas Higher Education Trust Vs. Hemchandra ...
Court: Gujarat
Decided on: Oct-30-2007
Reported in: 2008GLH(1)15; (2008)1GLR429
D.A. Mehta, J.1. Rule. Learned Advocate for the respondent University is directed to waive service. In light of the view that the Court is inclined to adopt the petition is taken up for final hearing and disposal today.2. The petitioner is a trust running various Colleges and is engaged in various educational activities. On the basis of resolution dated 10.04.2005 the petitioner moved National Council for Teacher Education (NCTE) on 13.04.2005 for permission to start a new course. After verification of the application made by the petitioner trust as well as fulfillment of the requirements of NCTE a conditional recognition order came to be made by NCTE on 24/26.07.2007. The petitioner thereupon approached the respondent University seeking affiliation and the application was accompanied by the requisite affiliation fees. The respondent University constituted a Local Inspection Committee on 06.08.2007 and the inspection has been carried out on 11.08.2007. The report of the Local Inspectio...
Tag this Judgment!Kishangiri Mangalgiri Goswami Vs. State of Gujarat
Court: Gujarat
Decided on: Oct-30-2007
Reported in: 2009GLH(2)9
H.B. Antani, J.1. The present appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973 against the judgment and order dated 29th August, 2003 passed by the learned Additional Sessions Judge, Court No. 9, Ahmedabad City in Sessions Case No. 16 of 2001, imposing sentence of rigorous imprisonment for 3 years and fine of Rs. 5,000/-, in default simple imprisonment for 6 months, under Section 498A of Indian Penal Code, 1860; rigorous imprisonment for 10 years and fine of Rs. 20,000/-, in default, further simple imprisonment of 1 year, under Section 306 of Indian Penal Code, 1860; and rigorous imprisonment for 5 years and fine of Rs. 20,000/-, in default further simple imprisonment of 8 months, under Section 3 of the Dowry Prohibition Act. The learned Judge further held that all the sentences imposed on the appellant shall run concurrently.2. The short facts giving rise to the present appeal are as under:The accused married the victim in 1989. Soon after two years of ...
Tag this Judgment!Dip Co. Op. Hsg. Society Ltd. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Oct-29-2007
Reported in: (2008)2GLR1382
R.M. Doshit, J.1. This petition preferred under Article 227 of the Constitution of India arises from the proceedings under the Urban Land [Ceiling & Regulation] Act, 1976 [hereinafter referred to as, 'the Act of 1976']. The petitioner-Dip Cooperative Housing Society Limited [hereinafter referred to as, 'the Society'] is a Cooperative Housing Society. The petition is preferred through its Chairman - one Anjanaben Harshvadan Shah. The Society has challenged the judgment and order dated 29th January, 1991 passed by the Urban Land Tribunal [hereinafter referred to as, 'the Tribunal'] in Appeal No. Ahmedabad-1291/1989. The subject matter of dispute is the lands bearing Survey Nos. 314/1 & 314/2, admeasuring 12141 sq.mtrs. in aggregate of village-Sola, District Ahmedabad.2. By a sale deed registered on 11th December, 1975 one Harshvadan Shah, a businessman in the city of Ahmedabad and one Mohanlal Umiyashanker Tripathi, resident of Sarkhej an agriculturist, purchased the subject lands Survey...
Tag this Judgment!Dhabji Meghji Maheshwari and 55 ors. Vs. Hindustan Lever Limited and 3 ...
Court: Gujarat
Decided on: Oct-29-2007
Reported in: (2008)1GLR124
H.K. Rathod, J.1. Heard the learned advocates appearing on behalf of respective parties.2. RULE. Learned advocate Mrs. Sangeeta Pahwa for M/s. Thakkar Associates waives the service of notice of rule on behalf of respondent Nos. 1 and 2 and learned GP Mr. Sunit Shah waives the service of notice of rule on behalf of respondent Nos. 3 and 4 - State Authorities.3. Today, all the learned advocates appearing on behalf of respective parties requested this Court to take up this group of matters for hearing and final disposal. Therefore, this Court has taken up this group of matters for hearing and final disposal today with the consent of all the learned advocates.4. The petitioners challenged the award passed by Labour Court, Gandhidham (Kachchh) in Reference (LCG) No. 4 of 2005 to 48 of 2005 with No. 62 of 2005 to 94 of 2005 with No. 100 of 2005 to 102 of 2005 dated 30th September 2006, wherein, Labour Court, Gandhidham has rejected all the References on the ground that Assistant Labour Commi...
Tag this Judgment!Akil Abbasbhai Kapadiya Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Oct-29-2007
Reported in: (2008)2GLR1713
C.K. Buch, J.1. The petitioner is original accused of Criminal Case No. 765 of 1993, decided by the learned Chief Judicial Magistrate First Class, Kalol, Dist. Panchmahals holding him guilty for committing offence punishable under the Prevention of Food Adulteration Act (hereinafter referred to as the 'P.F.A. Act'). The said order of conviction and sentence passed by the learned J.M.F.C., Kalol was assailed by the petitioner by way of preferring Criminal Appeal No. 43 of 1999 before the learned Sessions Court, Panchmahals at Godhra and the learned Additional Sessions Judge, Panchmahals at Godhra on 31st July, 1999 was pleased to dismiss the appeal of the petitioner and confirmed the finding recorded by the learned J.M.F.C.2. The petitioner thereafter preferred the present Revision Application under the provisions of Section 397 read with Section 401 of the Code of Criminal Procedure and has challenged the judgments of both the lower Courts on various grounds, as mentioned in Paragraph ...
Tag this Judgment!Jenaben @ Jenamben Rajakbhai Ismail Vs. State of Gujarat
Court: Gujarat
Decided on: Oct-25-2007
Reported in: (2008)2GLR943
C.K. Buch, J.1. The appellant-Jenaben @ Jenamben Razakbhai Ismail has preferred the present appeal assailing the legality and validity of the conviction and sentence passed by the learned Additional Sessions Judge (6th Fast Track Court), Rajkot, in N.D.P.S. Special Sessions Case No. 6 of 2003 on 29-9-2003. The appellant lady has been held guilty of the charge of offence punishable under Section 22 of the N.D.P.S. Act. However, as she has been found guilty for the second time for the offence punishable under the provisions of the N.D.P.S. Act (hereinafter to be referred to as 'the said Act'), she has been held responsible to undergo enhanced punishment for the offences punishable under Section 31 of the said Act after previous conviction. The appellant-convict is sentenced to suffer rigorous imprisonment for 2 years and fine of Rs. 10,000/- and in default of payment of fine, she has been ordered to undergo rigorous imprisonment for 5 months for the offence punishable under Section 22 of...
Tag this Judgment!Santaben W/O (Late) Laxman Singh and anr. Vs. Chief Manager, O.N.G.C. ...
Court: Gujarat
Decided on: Oct-25-2007
Reported in: [2008(117)FLR339]
ORDEROrder of the respondent corporation dated 15,10.2004 is hereby quashed and set aside with a direction to the respondent corporation to reconsider the case of Petitioner Mo. 2 dependent as per the policy dated 20.7.1987 and also to consider that the of superannuation of the deceased employee Khalasi Grade-I is 60 years and looking to item 2/4(b) which is having purpose/object behind that at the time when the concerned employee died, he must have left more than three years age before superannuation. Practically that object has been achieved in this case or maintained looking to the age of retirement 60 years when concerned employee died to that time more than three years service was remaining for superannuation and, therefore, respondent corporation must have to reconsider the matter of Petitioner No. 2 with sympathetic approach and positive consideration and pass appropriate 'reasoned orders only and strictly in accordance with the old policy while considering that the age of super...
Tag this Judgment!M.J. Patel Vs. Tata Chemicals Ltd.
Court: Gujarat
Decided on: Oct-23-2007
Reported in: [2008(116)FLR821]; (2008)1GLR207
S.R. Brahmbhatt, J.1. The applicant herein-respondent in Special Civil Application No. 669 of 2007 has approached this Court for receiving last drawn wages as provided under Section 17B of he Industrial Disputes Act, 1947 (hereinafter referred to as the T.D. Act' for the sake of brevity) as the opponent in the present application-petitioner in Special Civil Application No. 669 of 2007 has challenged the award dated 6-12-2006 passed by the Labour Court, Jamnagar in Reference (LCJ) No. 372 of 1993 ordering reinstatement of the present applicant on his original post with 75% back wages with cost of Rs. 5000/ -on the ground that the action of the opponent company was found to be mala fide by way of victimizing the workman and contrary to the principles of natural justice and without following the provisions of the I.D. Act.2. This Court (Coram : R.M. Doshit, J.) vide order dated 9-1-2007 issued Rule and granted ad-interim relief in terms of Para 5(b) of the main matter. Para 5(b) is in res...
Tag this Judgment!Rafikbhai S. Dodiya and 9 ors. Vs. State of Gujarat
Court: Gujarat
Decided on: Oct-23-2007
Reported in: 2008CriLJ1197
C.K. Buch, J.1. The present appeal is preferred by the appellants-orig. accused-convicts of Atrocity Case No. 61 of 1994 (hereinafter referred to as 'the appellants') decided by the learned Additional Sessions Judge, Sabarkantha at Himatnagar. As stated by Mr. M.B. Farooqui, learned Counsel appearing for the appellants, before commencement of the trial the appellant No. 1-Rafikbhai Sharifbhai Dodiya, expired at the young age of 35 to 36 years and his name came to be deleted. So the trial ultimately proceeded against the present appellant Nos. 2 to 10. All of them have been held guilty vide judgment and order of conviction and sentence dated 21st November 1994 passed by the learned Additional Sessions Judge, Himatnagar, in Atrocity Case No. 61 of 1994, for the charge of offences punishable under Sections 147, 149 and 323 of the Indian Penal Code and also under Section 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as '...
Tag this Judgment!Liladhar Karunashankar Trivedi Vs. Minaxiben Bhagwandas Trivedi and 7 ...
Court: Gujarat
Decided on: Oct-23-2007
Reported in: (2008)1GLR75
A.L. Dave, J.1. This matter is placed before us by virtue of an order passed by the Honourable the Chief Justice pursuant to an order passed by learned Single Judge in Second Appeal No. 114 of 2006 on 18.9.2006, wherein a question arose as to whether a second appeal would be maintainable in view of provision contained in Section 299 of the Indian Succession Act, which provides for only one appeal. According to the learned Single Judge, the provisions contained in Section 24 of the Gujarat Civil Courts Act and Section 299 of the Indian Succession Act run repugnant to each other and unless there is an amendment in the Indian Succession Act, it would be doubtful whether such Second Appeal would be maintainable? Therefore, the matter is placed for consideration of the question before this Division Bench.2. We have heard learned Senior Advocate, Mr. J.R. Nanavaty, appearing with Mr. Mehul Rathod, learned Advocate, Mr. Hriday Buch and learned Additional Advocate General, whom we had called u...
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