Gujarat Court July 2007 Judgments
State Bank of India and anr. Vs. Solanki T.M.
Court: Gujarat
Decided on: Jul-25-2007
Reported in: [2008(116)FLR579]; (2008)IILLJ274Guj
R.S. Garg, J.1. Pranav G. Desai, learned Counsel for the petitioners; Nilesh A. Pandya, learned Counsel for the respondent.The petitioners being aggrieved by the order/award dated February 21, 2000 passed by the Industrial Court No. 3 in Reference (I.T.) No. 2/99, are before this Court with a submission that the award made by the Industrial Court is patently illegal and deserves to be quashed and set aside.2. The short facts necessary for disposal of the present writ application are that the petitioner bank, in accordance with the service rules, issued a charge sheet upon the respondent workman, wherein, various allegations were made. After receiving the charge sheet, the respondent workman pleaded guilty but however, prayed for clemency and mercy. The bank, after taking lenient view, however, without any inquiry, directed; 'to condone your misconduct and discharge from services in the bank with immediate effect protecting your terminal benefits as a very special case.' The respondent,...
Tag this Judgment!Shyam Chhaganbhai Dhoria Vs. State of Gujarat
Court: Gujarat
Decided on: Jul-23-2007
Reported in: 2008CriLJ761
C.K. Buch, J.1. The appellant-orig. accused (hereinafter referred to as 'the appellant') has preferred present appeal under Section 374 of the Code of Criminal Procedure, 1973, challenging the judgment and order of conviction and sentence dated 15th July 1995 passed by the learned Additional Sessions Judge, Surat, in Sessions Case No. 103 of 1992. The appellant was initially charged for the offence punishable under Sections 302 and 323 of Indian Penal Code in the background of the facts mentioned in the complaint registered vide C.R. No. I-507 of 1991 with Chowk Bazar Police Station, Surat. After conclusion of the trial and appreciation of the evidence led during the course of trial, the learned trial Judge held the appellant herein guilty for the charge of offence punishable under Sections 304 Part I and 323 of the Indian Penal Code, and the appellant has been ordered to undergo rigorous imprisonment for 7 (seven) years and to pay a fine of Rs. 500/- and in default to undergo rigorous...
Tag this Judgment!Mukund Construction Co. Vs. Regional P.F. Commissioner
Court: Gujarat
Decided on: Jul-23-2007
Reported in: [2007(115)FLR240]; (2007)3GLR2410; (2008)ILLJ7Guj
R.S. Garg, J.1. Shri D.J. Bhatt, learned Counsel for the petitioner; Shri Niral R. Mehta, learned Counsel for the respondent.2. M/s. Mukund Construction Company, somewhere in the year 1979, in accordance with Sub-section [4] of Section 1 of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, made an application to the Commissioner, Provident Funds that the benefits flowing from the Scheme be admitted to them and the industry be included within the Scheme of the Provident Fund. Unfortunately, the authorities of the Provident Funds, which were required to act smooth and swift, slept over the application of the applicant-present petitioner. On 11.5.79, the petitioner sent reminders to the Provident Funds Commissioner for early disposal of the application; on 30th January, 1980, the department sent a letter to the petitioner informing them that the application submitted by the petitioner was under scrutiny and consideration. The application came to be decided 15.7.82. Th...
Tag this Judgment!Kantibhai Vallabhbhai Patel Vs. Competent Authority and Deputy Collect ...
Court: Gujarat
Decided on: Jul-20-2007
Reported in: (2008)1GLR40
R.M. Doshit, J.1. This is a petition preferred under Articles 226 and 227 of the Constitution of India against the order dated 6th November, 1989 made by the State Government in exercise of powers conferred by Section 34 of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as, the Act of 1976). The facts leading the present petition are as under:The petitioner-Kantibhai Vallabhbhai Patel is one of the sons of Vallabhbhai Patel. The said Vallabhbhai passed away in the year 1968 leaving behind him his widow, the respondent No. 6 herein, and the petitioner and two other sons Natwarlal Vallabhbhai Patel and Mahendrabhai Vallabhbhai Patel, the respondents Nos. 5 and 4 respectively. He had left certain agricultural lands and also a residential house. The agricultural lands comprised of Survey No. 195 admeasuring 4856 sq.meters and Survey No. 673 admeasuring 4956 sq.meters. Admittedly, on the appointed day, the respondent No. 4 Mahendrabhai was a minor. Upon introduct...
Tag this Judgment!Commissioner of Income-tax Vs. Maulikkumar K. Shah
Court: Gujarat
Decided on: Jul-20-2007
Reported in: [2008]307ITR137(Guj)
1. The following question has been proposed for admission of this appeal:Whether the Appellate Tribunal is right in law and on facts in confirming the order passed by the Commissioner of Income-tax (Appeals) deleting the addition made on account of 'on-money' receipt ?2. The short controversy raised in this question is whether there should be addition on the basis of an amount mentioned on loose papers along with rates per sq.ft. of different floors. The Tribunal has considered this aspect as under:6. We have heard the rival contentions of both the parties. Looking to the facts and circumstances of the case, we find that it is the facts on record that in the seized diary the assessee has estimated and mentioned the figures for 66 shops at Rs. 2,38,77,000. Statement of Kiritbhai K. Shah was recorded under Section 132(4) and the assessee has replied to various questions, as under:Question 21. What is the position of booking/sale in your building projects of Bardolpura and Madhupura which...
Tag this Judgment!Regional Director, E.S.i.C. Vs. Fatesinh Mohansinh Rathod and ors.
Court: Gujarat
Decided on: Jul-19-2007
Reported in: [2008(117)FLR487]
K.M. Mehta, J.1. Regional Director, Employees' Stale Insurance Corporation, Ahmedabad, appellant-original opponent has filed this appeal under Section 82(2) of the Employees' State Insurance Act, 1948 (herein above referred to as 'Act') against the judgment and award dated 9.1.2003 passed by the learned Judge, Employee's State Insurance Court, Vadodara in E.S.I. Application No. 4 of 1991. By the impugned judgment, the learned Judge was pleased to allow the application. The learned Judge has held that the applicants are the heirs and legal representatives of the deceased Himmatsinh and directed the Regional Director, State Workmen Insurance Board to pay compensation from the elate of death of deceased Himmatsinh i.e. 2.1.1991 in the present case with 9% interest and If there is a delay in payment, the Corporation has to pay 12% interest in thin behalf.2. Facts giving rise to this appeal are asunder:From the record of the case, it appears that Himmatsinh was working in ABS Plastic Ltd. a...
Tag this Judgment!Sayaji Industries Ltd. Vs. T.G. Mathew
Court: Gujarat
Decided on: Jul-17-2007
Reported in: [2007(115)FLR611]
R.S. Garg, J.1. Mr. Devang Nanavati, learned Counsel for the petitioner, Mr. U.T. Mishra, learned Counsel for the respondent No. 1 and Mr. I.M. Pandya, learned Assistant Government Pleader for the respondent Nos. 2 and 3.The employer, being aggrieved by the award dated 14.2.1995 made by the learned Labour Court, Ahmedabad in Reference (LCA) No. 105 of 1987, is before this Court with a submission that the learned Court below was unjustified in directing reinstatement of respondent workman simply on the ground that he had worked 14 days in addition to his probation period.2. Short facts necessary for disposal of the present writ application are that the petitioner was appointed vide order dated 7.8.1985, he joined the service on 12.8.1985 and continued to work for a period of one year. On 11.8.1986, an order terminating the probation was issued, but, however, the same could be served upon the respondent workman on 25.8.1986. Being aggrieved by the termination, the workman filed the Refer...
Tag this Judgment!Ali Mohmad Siddique Baloch Vs. State of Gujarat
Court: Gujarat
Decided on: Jul-17-2007
Reported in: 2007CriLJ4269
C.K. Buch, J.1. Feeling aggrieved and dissatisfied with the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Vadodara in Sessions Case No. 106 of 1987 on 24th January, 1992, the present appellant original accused No. 2 has preferred the present appeal under the provisions of Section 374 of the Code of Criminal Procedure. The present appellant has been convicted for the offence punishable under Section 307 of the Indian Penal Code and sentenced to undergo four years rigorous imprisonment and to pay a fine of Rs. 1,000/- and in default of making payment of fine to undergo two months imprisonment. Whereas, the original accused No. 1 has been acquitted from the charges levelled against him.2. The judgment and order of conviction and sentence has been challenged by raising various grounds mentioned in paragraph 3 of the memo of appeal. Ms. Paurami Sheth, learned Counsel for the appellant has taken this Court through the main grounds of challenge...
Tag this Judgment!Santaben Raval Vs. State of Gujarat
Court: Gujarat
Decided on: Jul-17-2007
Reported in: 2007CriLJ4753; (2008)1GLR258
ORDERD.H. Waghela, J.1. Invoking Article 226 of the Constitution, the petitioner has sought a writ of habeas corpus or any other appropriate directions to quash the order dated 23-11-2006 of her detention as a bootlegger under the provisions of Section 3 of the Gujarat Prevention of Anti-Social Activities Act, 1985 (P.A.S.A.' for short).2. Learned Counsel Ms. Banna Dutta, appearing for the petitioner, he relied upon the solitary ground of non-supply of the document relied upon in the impugned order by the detaining authority. It was submitted that the grounds of detention supplied to the petitioner under the provisions pf Section 9 of the P.A.S.A. clearly refer to the fact of the petitioner having been released on bail in three criminal cases under the Prohibition Act and also relied upon the report related to the petitioner's applications for bail and the orders made thereon. The Detaining Authority has expressly relied, for arriving at his subjective satisfaction, upon the facts of r...
Tag this Judgment!Virjibhai M. Chavda Vs. State of Gujarat and 3 ors.
Court: Gujarat
Decided on: Jul-16-2007
Reported in: (2008)1GLR145
Ravi R. Tripathi, J.1. The petitioner-Shri Virjibhai M. Chavda is before this Court being aggrieved by the impugned order dated 03.03.2007 passed by respondent No. 3-District Development Officer, Jamnagar, which is at Annexure 'J' to this petition and order dated 19.05.2007 passed by respondent No. 2-Development Commissioner, Gandhinagar, which is at Annexure 'L' to the petition. The petitioner was the elected member of the Taluka Panchayat, Jam Jodhpur. He was served with the Show Cause Notice dated 22.01.2007 setting out three acts of misconduct in the said notice. He was granted time to file reply to the same within seven days. Hearing was fixed on 31.01.2007.The petitioner filed reply on 29.01.2007 setting out the explanation to the misconduct alleged against him in the notice. As there was a meeting of General Body of the Taluka Panchayat, Jam Jodhpur on 29.01.2007 the petitioner was granted another date of hearing on 26.02.2007.2. Before that date could reach there was 'No Confid...
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