Gujarat Court June 2007 Judgments
Santokben Sharmanbhai Jadeja Vs. State of Gujarat
Court: Gujarat
Decided on: Jun-29-2007
Reported in: 2007CriLJ4566
ORDERM.R. Shah, J.1. Rule. Shri R.C. Kodekar, learned APP waives service of Rule on behalf of the respondent. By way of this petition under Articles 226/227 of the Constitution of India read with Section 482 of the Criminal Procedure Code, 1973 the petitioner original -accused No. 1 has prayed for an appropriate order quashing and setting aside the order dated 13th June. 2007 passed by the learned JMFC. II Court. Junagadh below application, Mark- 1 7 preferred by the petitioner for releasing her on bail by which the learned JMFC has passed an order of deferring the hearing of bail application till Narco Test is performed on the petitioner as per its order dated 13-6-2007.2. A criminal complaint being C.R. No. I-168/2007 is filed against the petitioner and 3 unknown persons on 8-6-2007 at Junagadh 'B' Division Police Station for the offences punishable under Sections 212, 506(2) and 114 of the Indian Penal Code. It is required to be noted that, so far, as State of Gujarat is concerned t...
Tag this Judgment!Gopal Nandkishor Sharma Vs. Manager, Nanavati Associates
Court: Gujarat
Decided on: Jun-29-2007
Reported in: [2007(114)FLR1146]
H.K. Rathod, J.1. Heard learned Advocate Mr. Y.V. Shah for the petitioner and Mr. Joshi for Nanavati Associates for respondent.Through this petition under Article 227 of the Constitution of India, the petitioner has challenged the award made by the Labour Court, Valsad in Reference No. 98 of 1995 dated 22.2.2006 qua denial of back wages for the intervening period.2. Learned Advocate Mr. Y.V. Shah for the petitioner submitted that the relevant factors have not been taken into consideration by the Labour Court while denying back wages for the intervening period. He submits that the petitioner was permanent qualified employee working on the post of welder vendor for more than 26 years continuously and ex parte departmental inquiry was conducted against the petitioner and the Labour Court gave finding that it was a first misconduct and occupying quarter subsequently allotted by the company as the petitioner was wrongfully dismissed based on ex parte inquiry which was rightly quashed by the...
Tag this Judgment!State of Gujarat Vs. Shailendra Kamalkishor Pande and ors.
Court: Gujarat
Decided on: Jun-29-2007
Reported in: 2008CriLJ953
ORDERK.M. Mehta, J.1. The applicant-State of Gujarat has filed this Criminal Revision Application under Section 397 of the Code of Criminal Procedure with a prayer that this Court may be pleased to quash and set aside the order dated 16-4-2007 passed by the learned Sessions Judge, Fast Track Court No. 6, Vadodara below application Exh. 292 in Sessions Case No. 172 of 2004.2. By the impugned order, the learned Sessions Judge, Fast Track Court No. 6, Vadodara, permitted the defence to produce a C. D. which contains an interview of the victim at the end of a local T.V. Channel. The learned Judge further permitted the defence to produce the C. D. and play the same on a C.D. Player before the Court so that the Court may be able to listen to the questions which were put by the local T.V. Channel. By the said application Exh. 292, the learned advocate for the accused stated that in the aforesaid matter the cross-examination of witness Ashutosh is going on. After the incident Ashutosh has give...
Tag this Judgment!Babubhai @ Vishnubhai Khengarbhai Rabari Vs. State of Gujarat
Court: Gujarat
Decided on: Jun-27-2007
Reported in: (2008)1GLR812
A.L. Dave, J.1. The appellant came to be tried by the Sessions Court, Nadiad for the offence of murder of one Laljibhai Hartanbhai Rabari allegedly committed by the appellant on 24.10.1991 at about 18.30 hours near Vidhyutnagar Society located on Petlad Road at Nadiad by inflicting knife blows on the deceased. The trial Court accepted the prosecution case and convicted the appellant for the said offence and sentenced him to undergo imprisonment for life by judgment and order dated 30.9.1993 in Sessions Case No. 113 of 1992.2. The prosecution case in brief is that the appellant and the deceased Laljibhai belong to the same community. Prior to the date of incident, they had some dispute on grazing of cattle. Keeping that in mind, it is alleged that when the deceased was returning home after selling milk and was passing by Vidhyutnagar society, the appellant ran after him and inflicted two knife blows on chest of deceased, as a result, the deceased fell down. As per the prosecution case, ...
Tag this Judgment!In Re: Shubhlaxmi Dyetex P. Ltd.
Court: Gujarat
Decided on: Jun-27-2007
Reported in: [2008]142CompCas738(Guj); [2008]87SCL9(Guj)
Jayant Patel, J.1. This group of petitions are for sanctioning the scheme of amalgamation of Shubhlaxmi Syntex Pvt. Ltd. and Shubhlaxmi Industries Ltd. (transferor companies) with Shubhlaxmi Polyesters Ltd. (transferee company). The scheme also propose to demerge industrial undertaking of Shubhlaxmi Dyetex Pvt. Ltd. into Shubhlaxmi Polyesters Ltd.2. Shubhlaxmi Syntex Pvt. Ltd. has filed Company Petition No. 179 of 2007, in the High Court of Judicature at Bombay since the registered office of the said company is situated at Bombay seeking sanction of the present scheme of amalgamation and the Bombay High Court, vide order dated May 4, 2007, has sanctioned the scheme of amalgamation. Shubhlaxmi Polyesters Ltd. (transferee company) filed Company Application No. 44 of 2007, for dispensing with the meeting of equity shareholders, which came to be granted vide order dated February 2, 2007, passed by this Court in the said Company Application No. 44 of 2007. Shubhlaxmi Industries Ltd. (transf...
Tag this Judgment!Suo-motu-proceeding Vs. State of Gujarat and 3 ors.
Court: Gujarat
Decided on: Jun-27-2007
Reported in: I(2008)BC192; (2007)2GLR2267
Jayant Patel, J.1. The larger question which arises for consideration of the Court is the reinvestment of all the various fixed deposits lying in various Courts and the Tribunals of the State including this Court on account of increase of the rate of interest of the nationalized Bank and other banks as per the relaxation given by the Reserve Bank of India to such banks.2. The single bench of this Court (Coram: Jayant Patel,J.) in suo-motu exercise of the powers at initial stage had an occasion to independently consider such question in the proceedings of Civil Application No. 5947 of 2007 arising in First Appeal No. 9938 of 2005 and it was inter alia observed as under:It deserves to be recorded that from the record of the present application as well as from the record of another Civil Application No. 5668 of 2007, which came to be considered by this Court on 17.04.2007, during the period of 2003 to 2006, the prevailing rates of interest of the nationalised Banks were between 5.5% to 6....
Tag this Judgment!Union of India (Uoi) Vs. Virani Construction Co. and anr.
Court: Gujarat
Decided on: Jun-27-2007
Reported in: (2008)1GLR105
K.M. Mehta, J.1. Union of India, through General Manager, appellant has filed this appeal under Section 39 of the Arbitration Act, 1940 against the judgment, award and decree dated 18-2-1993 passed by the learned City Civil Court, Ahmedabad in Misc. Civil Application No. 883 of 1988 and Misc. Civil Application No. 957 of 1988. By the impugned judgment, the learned Judge was pleased to dismiss the Misc. Civil Application No. 957 of 1988 and as regards Misc. Civil Application No. 833 of 1988, the learned Judge has held that the award filed by the Arbitrator, subject to the modification stated in the judgment, is ordered to be made Rule of the Court. Railways shall pay to the contractor a sum of Rs. 50,679/- with interest on Rs. 33,390/- at the rate of 9% per annum from 27-5-1988 till the date of payment. The parties shall bear their own costs.2. The learned trial Judge has observed that the Arbitrator has erred in awarding Rs. 1,921/- as interest in the final bill amount although the sai...
Tag this Judgment!Thakkar Mahendrabhai and anr. Vs. State of Gujarat
Court: Gujarat
Decided on: Jun-22-2007
Reported in: AIR2008Guj13
ORDERRavi R. Tripathi, J.1. The petitioner is before this Court being aggrieved by order dated 1-11-2006 Annexure 'G' to this petition, whereby the authority-Collector, Patan has asked the petitioners to pay premium on the market value of the land on the date of the order. The Collector has stated that as a period of one year has passed since the date of meeting of the Assessment Committee of district level, 12% price rise is to be added to ascertain the market value and 80% of that is to be paid by way of premium. It is however stated that premium is to be paid after deducting the amount already paid and that once the premium is paid, permission stands granted.The Collector has assessed the market value at the rate of Rs. 600/- per sq. mtr. for the land in question, which is admeasuring 1820 sq. mtrs. The price comes to Rs. 10,92,000/-, to that 12% price rise is added, which comes to Rs. 1,31,040/-. Total is Rs. 12,23,040/- on which premium is to be paid at the rate of 80% i.e. Rs. 9,...
Tag this Judgment!Director, E.S.i. Scheme Vs. Parmar Maheshbhai Devjibhai Son
Court: Gujarat
Decided on: Jun-21-2007
Reported in: [2007(115)FLR609]
R.S. Garg, J.1. Mrs. Manisha Lavkumar, learned AGP for the petitioner; Shri T.R. Mishra, learned Counsel for the respondents.The petitioner being aggrieved by the order dated 24.11.1995 passed Recovery Application No. 3812 of 1986 by the 1st Labour Court/Ahmedabad, is before this Court with a submission that without any adjudication of pre-existing right of a labour, labour/workman could not make an application under Section 33-C(2) of the Industrial Disputes Act, 1947.2. The short facts necessary for disposal of the writ application are that one Devjibhai Dahyabhai (since deceased) filed an application under Section 33-C(2) of the Industrial Disputes Act, notices were issue to Director, ESI Scheme and thereafter inquiry was made and the Court passed the final order directing the present petitioner (original non-applicant) to pay sum of Rs. 46,168.38ps.3. Placing reliance upon the judgment of the Supreme Court in the matter of State of U.P. and Anr. v. Brijpal Singh 2005 (105) FLR 604 ...
Tag this Judgment!Kershi Pirozsha Bhagvagar Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Jun-21-2007
Reported in: 2007CriLJ3958; (2007)3GLR2508
Abhilasha Kumari, J.1. Rule is issued in Special Criminal Application No. 1261 of 2005. Ms. Archana C. Raval, learned APP waives service of notice on behalf of respondent No. 1. Mr. Manish R. Raval, learned Counsel, waives service of notice on behalf of respondent No. 2. In Special Criminal Application Nos. 1716 to 1718 of 2005, rule was issued on 13-2-2007 and the respondents are duly served.2. The above numbered petitions have been placed before this Court pursuant to the order dated 27-12-2006 passed by learned single Judge of this Court in Special Criminal Application No. 1261 of 2007, which reads as under:1.0 Ms. Shah, learned Advocate for the petitioner, in support of her case, has placed reliance on following decisions,(A) 'Satishkumar Jayantilal Shah v. State of Gujarat' reported in 1999 DCR 329,(B) 'K.P. Devassy v. The Official Liquidator' reported in 1999 DCR 339.2.0 Having gone through the aforesaid decisions, it appears that the view taken by the respective learned single J...
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