Gujarat Court June 2007 Judgments
Ashok Somalal Thakkar and anr. Vs. State of Gujarat
Court: Gujarat
Decided on: Jun-20-2007
Reported in: 2007CriLJ3579; (2007)2GLR2114
J.R. Vora, J.1. Both the above-referred Criminal Appeals have arisen from the same judgment and order delivered by the learned Additional Sessions Judge, Narol on 19th April, 1986 in Sessions Case No. 12/ 1986. There were in all nine accused and were charged with the offences punishable under Sections 148, 323, 307, 302 read with Section 149 of the Indian Penal Code as well as for the offences punishable under Section 135 of the Bombay Police Act, 1951.2. Vide abovesaid judgment and order, the learned trial Judge acquitted all the nine accused for the offences charged against them so far as the offences punishable under Sections 302, 307, 148 and 149 of the Indian Penal Code is concerned. While, except accused No. 1 Ashok Somalal Thakkar and accused No. 3 Arvind Somalal Thakkar, all other accused also were acquitted by the trial Court for the rest of the offences charged against said seven accused. Vide abovesaid judgment and order, accused No. 1 was convicted for the offence punishabl...
Tag this Judgment!Jakir Ishakbhai Nat Vs. State of Gujarat
Court: Gujarat
Decided on: Jun-20-2007
Reported in: 2007CriLJ4172
ORDERK.M. Mehta, J.1. Jakir Ishakbhai Nat, applicant-original accused has filed this application under Section 389(1) of the Criminal Procedure Code for suspension of sentence imposed by the learned Additional Sessions Judge, Fast Track Court No. 4, Surat in Sessions Case No. 66 of 2004 vide judgment and order dated 27 12-2004.2. Heard Mr. N. N. Prajapati, learned advocate for the applicant -original accused. He has stated that the learned Judge by impugned judgment, has convicted the accused under Sections 363 (punishment for kidnapping), 366 (kidnapping, abducting or inducing woman to compel her marriage etc.) and 376 (punishment for rape) of the Indian Penal Code for three years and for seven years respectively. The accused is in jail since 27-12-2004. Prior to that also for about ten months, he was in jail. So on that aspect he has prayed for suspension of the sentence in this behalf. For the same, the learned advocate has relied upon the Division Bench judgment of this Court (Cora...
Tag this Judgment!Arvind Pandalai (Chairman-cum-managing Director) S.T.C.i.L. and anr. V ...
Court: Gujarat
Decided on: Jun-19-2007
Reported in: (2007)2GLR1801
M.D. Shah, J.1. These applications under Section 482 of the Code of Criminal Procedure Code, 1973 are preferred by the petitioners of both these applications with a prayer to quash and set aside the complaint bearing F.I.R. No. 619 of 2005 lodged at A-Division Police Station, Bhavnagar, by the respondent No. 2-Arun Kumar Hansraj Jain on 29-9-2006 for the offence punishable under Sections 406, 420, 467 read with Sections 120B and 114 of the Indian Penal Code as also the subsequent proceedings arising therefrom.1.1 It may be stated that petitioner (accused No. 3) of Misc. Criminal Application No. 2270 of 2007 is the Branch Manager of State Trading Corporation of India (S.T.C.) while the petitioner Nos. 1 and 2 (accused Nos. 4 and 5) of Misc. Criminal Application No. 2265 of 2007 are the Chairman-cum-Managing Director, and Director (Finance) of the said Corporation and both these applications arise from the same complaint filed by Arun Kumar Hansraj Jain, Chairman-cum-Managing Director of...
Tag this Judgment!Commissioner (Rehabilitation), Sardar Sarovar Punar Vasvat Agency Vs. ...
Court: Gujarat
Decided on: Jun-19-2007
Reported in: [2007(115)FLR668]
D.H. Waghela, J.1. The petitioner, Commissioner (Rehabilitation), Sardar Sarovar Punarvasvat, Agency, has invoked Articles 226 and 227 of the Constitution to challenge the award and order dated 6.6.2001 of Labour Court, Vadodara in Reference (L.C.V.) No. 131 of 1995, whereunder the respondent-workman was ordered to be reinstated with continuous service, 50% back wages and Rs, 1,000/- by way of cost. Even as the petition was admitted in October, 2001 and interim relief staying the operation of the impugned award was granted, the respondent had made the application under the provisions of Section 17-B of the Industrial Disputes Act, 1947 (for short, 'the Act') with a supporting affidavit to the effect that he was unemployed throughout the period of pendency of the reference as well as the present proceeding. No affidavit-in-reply was filed to controvert the averments made by the respondent in his affidavit.2. Learned Counsel on both sides agreed and requested the Court to hear the main p...
Tag this Judgment!Bachubhai Alias Trikamlal Mohanbhai Patel and anr. Vs. Deputy Executiv ...
Court: Gujarat
Decided on: Jun-18-2007
Reported in: (2007)3GLR2202
R.S. Garg, J.1. Mr. Vikram Thakore, learned Counsel for the petitioners and Mr. Dipen Desai, learned Assistant Government Pleader for the respondents.2. On 18-4-1995, Dy. Executive Engineer (Construction) - respondent No. 1 issued a notice to the petitioners stating inter alia that the petitioners have made certain encroachments upon the land belonging to the respondents. On 25-4-1995, a reply was filed, and thereafter, a final order was made on 29-1-1997 that if the petitioners would not remove the encroachment, the encroachment would be removed at his risk to costs and consequences. The petitioners being aggrieved by the said order, are now before this Court.3. Mr. Thakore, learned Counsel for the petitioners submits that perusal of notice dated 18-4-1995 would clearly show that the notice is absolutely vague, it does not give details of the land, nor the extent of the encroachment. According to him no inquiry was made, no opportunity of hearing was afforded, no opportunity to lead e...
Tag this Judgment!National Insurance Co. Ltd. Vs. Yogeshbhai Ramanbhai Shah and ors.
Court: Gujarat
Decided on: Jun-18-2007
Reported in: 2007ACJ2557
K.S. Jhaveri, J.1. Mr. Harshadray A. Dave, learned advocate for the appellant-respondent seeks permission to withdraw the Cross-objection No. 23 of 2007. Accordingly Cross-objection No. 23 of 2007 stands disposed of as withdrawn before effective hearing.2. This above First Appeal No. 1295 of 2004, at the instance of National Insurance Co. Ltd., is directed against the judgment and award dated 13.1.2004 passed by the Motor Accidents Claims Tribunal, Kheda at Nadiad in Motor Accident Claim Petition No. 1158 of 1994, whereby the said claim petition was partly allowed and the Claims Tribunal has awarded a sum of Rs. 1,14,75,000 to the original claimants with running interest at the rate of 9 per cent per annum from the date of claim petition till realisation.3. The respondent Nos. 1 to 3 are the original claimants (hereinafter referred to as 'the original claimants') and the present appellant is the original respondent No. 3 in the aforesaid claim petition.4. Respondent No. 1 is husband of...
Tag this Judgment!Dilipbhai Maneklal Vyas Vs. Torrent Power A.E.C. Co.
Court: Gujarat
Decided on: Jun-18-2007
Reported in: (2007)3GLR2186; (2008)ILLJ512Guj
K.A. Puj, J.1. By way of this appeal filed under Clause 15 of the Letters Patent, the appellant-original petitioner has challenged the order dated 13-1-2006 passed by the learned single Judge in Special Civil Application No. 2113 of 2003 dismissing the said petition filed by the present appellant against the order dated 14-2-2003 passed by the Industrial Court in Revision Application No. 64 of 2001 setting aside the order dated 25-5-2001 passed by the Industrial Court in Appeal (I.C.) No. 1 of 1998 confirming the award application dated 28-11-1997 passed by the Labour Court in T. Application No. 248 of 1992 directing the respondent to pay back wages to the appellant for the period from 13-4-1992 to 16-2-1994 and not interfering with the termination order of the appellant in view of the fact that the appellant was reinstated in service.2. The brief facts giving rise to the present appeal are that the appellant was appointed vide an order dated 26-11-1990 as temporary Security Inspector ...
Tag this Judgment!Manharlal C. Patil Vs. Jayantilal Tulsidas Thakkar
Court: Gujarat
Decided on: Jun-18-2007
Reported in: 2007CriLJ4473; (2007)3GLR2392
ORDERD.H. Waghela, J.1. Invoking Article 226 of the Constitution, petitioner-Food Inspector, the original complainant, has prayed to quash the orders dated 25-8-1999 and 10-7-2000 of learned Chief Judicial Magistrate, Bhuj, Kutch in Criminal Case No. 1103 of 1999. One of the accused persons in the original criminal case, respondent No. 1 herein, filed an application for sending the sample to Central Food Laboratory under the provisions of Sub-section (2) of Section 13 of the Prevention of Food Adulteration Act, 1954 (for short, 'the Act') and that application was granted, subject to payment of cost, by the first order dated 25-8-1999. Assistant Commissioner of Food and Drug Control Administration then filed an application on 4-9-1999 to submit that the sample which was ordered to be sent for analysis by Central Food Laboratory was not in a fit state for analysis and not reported to be 'adulterated' but it was, by earlier analysis, only declared to be 'misbranded' and hence, the order w...
Tag this Judgment!Oriental Insurance Co. Ltd. and anr. Vs. Dineshchandra Vallabhbhai Pat ...
Court: Gujarat
Decided on: Jun-18-2007
Reported in: (2008)1GLR575
Jayant Patel, J.1. The short facts of the case appears to be that deceased Dineshchandra Vallabbhai Patel had gone to Vapi G.I.D.C. from village Kapodara on motorcycle belonging to Janakbhai Ramjibhai Patel, opponent No. 1 and at about 5-45 p.m., when deceased was returning on motorcycle near Valsad Sugar Factory, on account of rash and negligent driving of the respondent No. 1, the driver lost the control over the motorcycle and it was slipped. As a result thereof, the deceased was thrown out from the motorcycle and sustained grievous injuries and died on the spot. The aforesaid incident resulted into filing of Claim Petition No. 795 of 1996 before the Tribunal for compensation of Rs. 10 lakhs. The Tribunal after adjudication, awarded the compensation of Rs. 7,35,000/- together with interest @ 12% p.a. and it is under these circumstances, the present appeal before this Court.2. Heard Mr. Nair, learned Counsel for the appellant and Mr. Tarak Damani for the original claimant. Considered...
Tag this Judgment!Mill Mazdoor Sabha Vs. Rushbh Precision Bearing Ltd. and ors.
Court: Gujarat
Decided on: Jun-18-2007
Reported in: (2007)3GLR2654; (2008)IILLJ201Guj
K.A. Puj, J.1. The appellant-orig. respondent No. 1 has filed this appeal under Clause 15 of the Letters Patent challenging the judgment and order dated 23-3-2007 passed by the learned single Judge in Special Civil Application No. 3988 of 2005 quashing and setting aside the award dated 30-8-2002 passed by the Industrial Tribunal, Rajkot in Reference (I.T.) No. 46 of 2002 and remanding it to the Tribunal for hearing and deciding afresh in respect of the workmen of the present respondent - original petitioner, namely, M/s. Rushbh Precision Bearing Limited only. While remanding the matter, the learned single Judge has clarified that both the parties shall be at liberty to approach the appropriate Government to suitably modify the reference made to the Tribunal. The learned single Judge has further clarified that the workmen of S.R.S. Bearings Industries and S.R.S. Engineering Industries shall be at liberty to raise industrial dispute against the respective industry. It is further observed...
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