Gujarat Court June 2007 Judgments
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Paschim Gujarat Vij Co. Ltd. Vs. Aum Business House Pvt. Ltd.
Court: Gujarat
Decided on: Jun-18-2007
Reported in: AIR2007Guj197
ORDERRavi R. Tripathi, J.1. Learned advocate Mr. Tushar Mehta, who appears on caveat waives service of Rule on behalf of the respondent.2. Present petition is filed challenging order passed in Misc. Civil Application No. 93 of 2007 in Regular Civil Suit No. 382 of 2001 dated 11-4-2007, whereby the learned Second Joint District Judge, Bhavnagar granted the application and ordered to restore Misc. Civil Application No. 52 of 2002, which was dismissed for default.3. Learned advocate for the petitioner invited attention of the Court to few glaring facts.I. Misc. Civil Application No. 52 of 2002 was dismissed for default on 7-7-2006.II. The restoration application was filed on 17-2-2007.III. By any calculation, the application for restoration was time barred.The learned Second Joint District Judge, instead of asking the party to file an application for condonation of delay, ignored the delay by saying that, 'in view of the judgment of the Hon'ble the Apex Court, on account of negligence of ...
Oriental Bank of Commerce Vs. Naresh Khushaldas Gangtani
Court: Gujarat
Decided on: Jun-15-2007
Reported in: AIR2007Guj172; 2008GLH(1)665; (2008)1GLR171
ORDERK.A. Puj, J.1. The petitioner-original defendant i.e. Oriental Bank of Commerce has filed this petition under Articles 226 and 227 of the Constitution of India, praying for quashing and setting aside the order dated 4-1 -2005 passed by the learned 5th Jt. Civil Judge (S.D.) at Jamnagar, dismissing the preliminary objection/application below Ex. 12 filed by the petitioner Bank-original defendant in Regular Civil Suit No. 647 of 2004. The petitioner Bank has also prayed for declaration that the learned 5th Jt. Civil Judge (S.D.) at Jamnagar has no power, authority and/or jurisdiction to try, entertain and dispose of the Civil Suit of the nature filed by the present respondent-original plaintiff.2. This Court has issued notice on 4-2-2005 and by way of interim relief this Court has restrained the trial Court from deciding the matter till this petition is heard by this Court. This Court has thereafter issued rule on 22-3-2005 and interim relief granted by this Court earlier was ordere...
National Insurance Co. Ltd. Vs. Kasam and ors.
Court: Gujarat
Decided on: Jun-15-2007
Reported in: 2008ACJ828
K.S. Jhaveri, J.1. On 12.6.2007 this Court passed the following order;(1) This appeal was notified for hearing earlier on 9.5.2007. When the appeal was called out for hearing, learned advocate Mr. Bhavesh Dave appearing for respondents was absent. In the circumstances, in the interest of justice, hearing had been adjourned to 10.5.2007. Even on 10.5.2007, learned advocate Mr. Dave was absent and, therefore, hearing was adjourned to 11.5.2007. Even on that day, learned advocate Mr. Dave was absent and, therefore, hearing was adjourned to 12.6.2007.(2) Even today, when the mutter is called out, learned advocate Mr. Bhavesh Dave is absent. In the circumstances, in the interest of justice, as a last chance, hearing is adjourned to 15.6.2007. The appeal shall be peremptorily heard on that day.Even today none appeared for the respondents. Hence the matter is taken up for hearing today.2. This appeal is directed against the judgment and award dated 15.4.2002 passed by Motor Accidents Claims T...
Commissioner of Income Tax Vs. Heinrich Wetting
Court: Gujarat
Decided on: Jun-15-2007
Reported in: (2009)221CTR(Guj)83
ORDER1. The Tribunal has referred following question for the opinion of this Court:Whether on the facts and in the circumstances of the case, the Tribunal was right in law in upholding the Dy. CIT(A) order holding that the relief under the agreement for the avoidance of double taxation of income was available to the assessee and the salaries and perquisites received by the assessee were exempt under the IT Act, 19612. In spite of service, none appeared for the respondent.3. The issue raised in this question is whether the assessee is entitled for the relief under the agreement for the avoidance of double taxation of income.4. Mr. Manish Bhatt, learned Counsel for the Revenue has brought to our notice a decision of this Court in the case of Emmerich Jaegar v. CIT : [2005]274ITR125(Guj) where this Court has laid down some conditions when this benefit of agreement to avoid double taxation should be allowed in case of foreign technicians. The relevant part of the order of this Court in Emm...
A.P. Motors Ltd. Vs. Harshadbhai Harishbhai Khatri and anr.
Court: Gujarat
Decided on: Jun-14-2007
Reported in: [2008(116)FLR1075]
H.K. Rathod, J.1. Heard learned Advocate Mr. K.M. Patel for the petitioner. Notice of rule issued by this Court has been served on respondents as per the official record of the registry of this Court but no appearance has been filed on behalf of the respondents in these proceedings. The matter has been adjourned for fifteen times, even though, no appearance has been filed on behalf of the respondents and respondents have also not appeared in person though served. Therefore, this Court is having no option except to decide the matter on merits in absence of respondents.In the present petition, petitioner is challenging orders dated 19th July, 2006 and 24th April, 2006 pages 10 and 12 respectively passed by the Industrial Tribunal.2. Reference No. 1044 of 1996 is pending before the Industrial Tribunal wherein petitioner is respondent. Oral evidence of both the parties are over and arguments of the present respondent was heard by the Industrial Tribunal. Before that, on 24.4.2006, matter w...
Executive Engineer (Stores) and anr. Vs. Harsha M. Jani
Court: Gujarat
Decided on: Jun-13-2007
Reported in: [2007(115)FLR244]
H.K. Rathod, J.1. Heard learned AGP Mr. Shivang Shukla for the petitioners.Through this petition under Article 227 of the Constitution of India, petitioner has challenged the award of Labour Court, Ahmedabad in Reference No. 679 of 1997, dated 21st July, 2006 wherein the Labour Court has partly allowed the reference, granted reinstatement with continuity of service without back wages for interim period.2. During the course of hearing, learned AGP Mr. Shukla Vaised contention that the respondent has not completed 240 days continuous service within the year as required under Section 25-B of the I.D. Act, 1947. He also submitted that from 21st September, 1983 to 20th March, 1984, only 120 days continuous service has been rendered by the workman and, therefore, the labour Court has committed gross error in granting benefit in favour of the workman. He also submitted that the respondent has not produced any documentary evidence on record to prove completion of 240 days continuous service be...
Bashir Adamji Adat Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jun-13-2007
Reported in: AIR2007Guj161; (2007)2GLR1820
M.S. Shah, J.1. Leave to add Siraj Mohammad Patel as respondent No. 5. Rule returnable forthwith.Mr. Anjaria for the State Election Commission (respondent No. 4), Ms. Trusha Patel, learned AGP for respondent Nos. 1 to 3 and Mr. Vaghela for Mr. Siraj Mohammad Patel (who is permitted to be joined as respondent No. 5 and who is one of the contesting candidates) wa4ve service of Rule for the respective parties.2. Elections to Sanjali Gram Pachayat were required to be held before 17-1-2007. The elections were not held and, therefore, this Court had to issue a writ of mandamus following the decision of the Apex Court in Kishansing Tomar v. Municipal Corporation of the City of Ahmedabad : AIR2007SC269 . By our order dated 11-5-2007, we directed the authorities to hold elections to Sanjali Gram Panchayat at the earliest and in any case before 30-6-2007. We allowed the petition in terms of the following directions:3. In view of the aforesaid decision, we direct the respondents to hold elections...
State of Gujarat Vs. Dinesh S. Raval
Court: Gujarat
Decided on: Jun-13-2007
Reported in: [2007(115)FLR784]; (2008)IILLJ27Guj
D.H. Waghela, J.1. The petitioner, Executive Engineer under the State Government, has invoked Articles 226 and 227 of the Constitution for issuance of a writ of certiorari or any other appropriate writ to quash the award dated June 17, 2000 of Labour Court, Kalol in Reference (LCK). No. 87/1987, whereby the respondent is ordered to be reinstated with full back-wages and cost of Rs. 250. The respondent-workman appears to have approached the Labour Court upon reference of a dispute based on the allegation that he had worked under the petitioner for several years as a clerk on daily wages and his service was illegally terminated with effect from September 20, 1985. It was his own case that he was aware about his proposed transfer and he had requested the Executive Engineer not to transfer him on account of chronic illness of his mother.2. It was the case of the petitioner before the Labour Court that the respondent had worked as helper on daily wage basis from January 15, 1974 to June 20,...
Mafaji a Solanki Vs. State of Gujarat
Court: Gujarat
Decided on: Jun-13-2007
Reported in: 2007CriLJ3387; (2008)1GLR551
C.K. Buch, J.1. The present appeal is filed by the appellant-convict accused under Section 374 of the Cr.P.C., 1973 challenging the judgment and order of conviction and sentence dated 22-11-1991 passed by the 1d. Special Judge, Mehsana in Special (ACB) Case No. 3/1986. The 1d. Trial Judge, at the conclusion of the trial, vide the judgment under challenge, convicted the appellant (hereinafter referred to as the accused or appellant accused) for the offence punishable under Section 161 of Indian Penal Code and sentenced him to undergo R. I. for 1 year and a fine of Rs. 500/-, I/d to, undergo R: I. for 6 months. The Id. Trial Judge also convicted the appellant accused for the offence punishable under Section 5(2) of the Prevention of Corruption Act, 1947 (hereinafter referred to as the PC Act) and sentenced him to undergo R. I. for 3 years and to pay a fine of Rs. 1000/-, I/d to further undergo R. I. for 1 year. The appellant accused was also charged with the offence punishable under Sect...
Ganesh Kesha Hanath Vs. Kantaben Lakhman Hanath
Court: Gujarat
Decided on: Jun-12-2007
Reported in: AIR2007Guj165
ORDERK.A. Puj, J.1. The petitioner-original plaintiff has filed this petition under Article 227 of the Constitution of India praying for quashing and setting aside the order dated 21-4-2005 Annexure F to the petition, rendered by the learned Joint District Judge and Fast Track Court, Gandhidham-Kutch in Civil Misc. Appeal No. 9 of 2002 whereby he has allowed the appeal and quashed and set aside the order passed by the learned Trial Judge below an application Exh. 5 in Regular Civil Suit No. 72 of 2000.2. This Court has issued notice on 7-9-2005. On 15-9-2005, this Court has observed on the basis of the submissions made by learned advocate Mr. Harin Raval for the petitioner that other side has refused to accept the process of the Court when she was attempted to be served by direct service. The Court, therefore, issued fresh notice for final disposal to the unserved respondent. On 7-10-2005, learned advocate Mr. Bhushan B. Oza has stated before the Court that he has an instruction to app...
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