Gujarat Court October 2007 Judgments
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Registrar of Companies Vs. Shashi theatres Pvt. Ltd.
Court: Gujarat
Decided on: Oct-23-2007
Reported in: 2008CriLJ1461
ORDERC.K. Buch, J.1. By way of both these Revision Applications, the petitioner has challenged the judgment and order dated 22nd September 1983 passed by the learned Additional City Sessions Judge, Ahmedabad in Criminal Revision Application No. 230 of 1983, reversing the order dated 18th July 1983 passed in Criminal Case No. 1743 of 1982 by the learned Chief Metropolitan Magistrate, Ahmedabad, rejecting the application preferred by the accused citing the provisions of Section 468 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code').2. Criminal Revision Application No. 1242 of 1983 has been preferred by (i) Registrar of Companies and (ii) State of Gujarat, and the subsequent Revision Application i.e. Criminal Revision Application No. 17 of 1984, has been preferred only by the Registrar of Companies and the State of Gujarat is joined as one of the respondents i.e. respondent No. 6 in the said Revision application. The original prosecution was against the respon...
Tetoda Seva Sahakari Mandali Ltd. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Oct-22-2007
Reported in: (2008)1GLR466
D.A. Mehta, J.1. Rule. Learned Advocates appearing for the respective respondents are directed to waive service. The matter is taken up for final hearing and disposal in light of the view that the Court is inclined to adopt.2. The facts briefly stated are that : the petitioner-Society is situated in Village Tetoda, Taluka Deesa, Dist. Banaskantha. The petitioner was registered in 1960. The total population of village Tetoda, as per 1991 census, is 2477. The village also has one area known as 'Ambicanagar'. It appears that respondent No. 5-Ambicanagar (Tetoda) Seva Sahakari Mandali Limited sought registration. The District Panchayat Committee vide Resolution No. 595 dated 23-12-2002 recommended registration of Ambicanagar Society. On 24-12-2002 Ambicanagar Society was granted registration.3. The petitioner challenged such granting of registration by way of Appeal No. 3 of 2003. On 27-6-2003 the appeal came to be dismissed forcing the petitioner-Society to take the matter further by way ...
Thakore Dharmabhai Mohanji Vs. Sureshkumar Bhubhatlal Soni
Court: Gujarat
Decided on: Oct-19-2007
Reported in: 2009ACJ518; (2008)1GLR835
Jayant Patel, J.1. The short facts of the case appear to be that on 10.4.1989 when the claimant while on duty as a peon in the Octroi Naka on the highway crossing attempted to stop the respondent - original opponent moving on his Scooter having registration No. GUT-6888 with a carton of electric fans over for which octori was not paid. The scooter was stopped for a while and thereafter the respondent started to run away whereupon the claimant chased him and after inquiry, as the respondent was to run away on scooter and as the claimant was standing in front of him, the wheel of the scooter ran over the right leg of the claimant and he sustained injuries. The claim petition was filed being MACP No. 543 of 1989 before the Tribunal for recovery of the compensation of Rs. 50,000/- against the respondent. The Tribunal after adjudication dismissed the claim petition and it is under these circumstances the present appeal before this Court.2. Heard Mr.Desai, learned Counsel for the appellant a...
Kantibhai Manilal Prajapati Vs. Divisional Controller, G.S.R.T.C.
Court: Gujarat
Decided on: Oct-18-2007
Reported in: [2008(117)FLR181]
H.K. Rathod, J.1. Heard learned advocate Mr. J.S. Brahmbhatt appearing on behalf of petitioner.2. In the present petition, petitioner has challenged the award passed by the Labour Court. Ahmedabad in Reference (LCA) No. 1456 of 2003 dated 17.1.2007. The reference is rejected by the Labour Court, Ahmedabad.3. Learned advocate Mr. Brahmbhatt submitted that Labour Court has committed gross error, not giving proper reasons in support of his conclusion and Labour Court has relied upon the statements of passengers and conductor which obtained by checking staff without examining the passengers in question. He submitted that as per-deposition of the workman, he had already issued tickets to two passengers out of five and rest of three passengers, he was just issuing tickets while bus was checked, therefore, tickets were not issued to the passengers, lie submitted that conductor was on road booking, therefore, charge of misappropriation cannot be considered against the petitioner, tie submitted...
A.R. Brahme Vs. Gujarat Urja Vikas Nigam Ltd. and 6 ors.
Court: Gujarat
Decided on: Oct-18-2007
Reported in: (2008)1GLR736
S.R. Brahmbhatt, J.Heard learned Counsels for the parties.1. In these two petitions under Article 226 of the Constitution of India, the petitioners have challenged the General Standing Order [GSO] No. 322 date 4/5/1996 revoking the benefits and provisions of Higher Grade Pay Scale sanctioned vie Circular No. 578 dated 8/4/1993 ab-initio and all the orders made thereunder, on the grounds that the revoking of Circular No. 578 which was issued pursuant to valid 2 (p) settlement dated 5/4/1993 made between he petitioners through their Unions and the management of the then Gujarat Electricity Board which is now been represented by its successors under Section 2(p) of the Industrial Disputes Act, 1947.2. As both these petitions involve identical challenge and the respondents are the same, these matters were heard together and are being disposed of by this Common Judgment & Order.3. Facts in brief deserve to be set out in order to appreciate the controversy in these petitions.The petitioners ...
Shoklingam Kappuswami Mudliyar Vs. Indian Bank and ors.
Court: Gujarat
Decided on: Oct-16-2007
Reported in: 2008GLH(1)511; (2008)2GLR1287
D.A. Mehta, J.1. Rule. The petition is taken up for final hearing and disposal today considering the scope of controversy between the parties. The learned Advocates for respondents are directed to waive service.2. The case of the petitioner is that the petitioner is owner and occupier of Flat No. 114/896 situated on Survey No. 303, T. P. Scheme No, 7, Sarvodaya Nagar, Gujarat Housing Board, Khokhra-Mahmedabad, Ahmedabad. The property in question had been purchased by the petitioner from respondent No. 3 under a registered sale-deed dated 21-3-2004 which was registered with the Registering Authority at Serial No. 252. The petitioner has challenged the action of respondent-Bank in the form of proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (the Securitisation Act).3. The facts which are not in dispute show that on 7-5-1999 respondent No. 3 purchased that property from Gujarat Housing Board and a conveyance deed wa...
Kedarnath Kunjilal Agrawal Vs. Gujarat State Road Transport Corporatio ...
Court: Gujarat
Decided on: Oct-15-2007
Reported in: 2009ACJ129; (2008)2GLR938
R.M. Doshit, J.1. This appeal, preferred under Section 110D of the Motor Vehicles Act, 1939 (hereinafter referred to as, 'the Act') by the claimant in the Motor Accident Claim Petition No. 616 of 1982, arises from the judgment and award dated 18th May, 1984 passed by the Motor Accident Claims Tribunal, Surat (hereinafter referred to as, 'the Tribunal'). By the impugned award, the appellant claimant has been awarded compensation of Rs. 34,000/- with interest @ 6% per annum. The Award has been passed against the opponent Nos. 3 and 4, the respondent Nos. 2 and 3 in the present appeal, the driver and the owner of the offending vehicle bearing Registration No. GTK-4693. The appellant has challenged the impugned award with respect to the amount of compensation awarded and also with respect to the liability of the respondent No. 4-Insurance Company, the insurer of the offending truck.2. On 3rd September, 1982, the claimant was travelling aboard the G.S.R.T.C. bus bearing Registration No. GRS...
Agricultural Produce Market Committee Vs. Pareshkumar Bhaskarrai Dave
Court: Gujarat
Decided on: Oct-15-2007
Reported in: [2008(117)FLR685]; (2008)1GLR568
H.K. Rathod, J.1. Heard learned Advocate Mrs. Yogini V. Parikh appearing on behalf of applicant-original petitioner-Agricultural Produce Market Committee, Botad and learned Advocate Mr. T.R. Mishra appearing on behalf of opponent-original respondent-workman.2.The main Special Civil Application No. 21849 of 2006 is filed by present applicant-original petitioner-Agricultural Produce Market Committee, Botad (hereinafter referred to as 'A.P.M.C.') challenging the award passed by Labour Court, Bhavnagar in Reference (L.C.B.) No. 11 of 2001 dated 9th March, 2006, wherein, Labour Court, Bhavnagar has granted reinstatement with continuity of service with 50% back wages and consequential service benefits w.e.f. 19th April, 2000 with cost of Rs. 500/-.3. Initially, this Court has issued notice on 12th October, 2006, thereafter, 'Rule' is issued by this Court on 2nd February, 2007 and also issued ad-interim relief, for back wages is concerned, on condition that the original petitioner-A.P.M.C. wi...
Renukaben Rashmikant Padia Vs. Bank of Maharashtra thr' Chief Manager- ...
Court: Gujarat
Decided on: Oct-15-2007
Reported in: 2008GLH(1)455
A.L. Dave, J.1. Our attention was drawn by the appellant, by preferring Civil Application No. 10736 of 2007, for fixing date of final hearing of the appeal, towards an order passed by the Supreme Court in Civil Appeal No. 5706 of 2006 (SLP No. 9653/2006) dated 11th December, 2006, making following observations:We, therefore, by consent of both the parties, set aside the impugned order dated 28.4.2006 passed in Civil Application No. 3962 of 2006 in Letters Patent Appeal No. 604 of 2006 and remit the matter to the High Court with the request to dispose of the Letters Patent Appeal itself on the date fixed by the High Court, namely, 7.2.2007.On readiness being shown by both the sides to argue the appeal finally, we have heard this matter finally.2. This appeal arises out of the judgment rendered in Special Civil Application No. 12124 of 2005 on 31.01.2006 preferred by the present appellant.2.1 The appellant preferred Special Civil Application invoking Articles 14, 16 & 21 of the Constitut...
T.J. Pandya Matruchhaya High School Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Oct-12-2007
Reported in: [2008(117)FLR173]
R.M. Doshit, J.1. These two petitions arise from a single subject matter i.e., suspension of the Respondent No. 1 Kamlesh Pandya from service pending the disciplinary proceeding initiated against him. The petitioner in both these petitions is Smt. T.J. Pandya Matruchhaya High School, a Non-Government Grant-in-Aid Secondary School (hereinafter referred to as, 'the School') The Respondent No. 4 Kamlesh Pandya has been employed by the School as a Sr. Clerk.2. It was alleged that in the year 1995, the said Kamlesh Pandya misappropriated a sum of Rs. 15,000/- plus, the amount of examination fees paid by the SSC students of the School. In respect of the said misconduct, a disciplinary proceeding was initiated against him. Pending the disciplinary proceeding, he was placed under suspension. The question arose with respect to the payment of subsistence allowance pending suspension.3. In Application No. 168 of 1999 filed by the said Kamlesh Pandya before the Gujarat Secondary Education Tribunal...
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