Gujarat Court July 2007 Judgments
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Regional Director, E.S.i. Corporation Vs. Karunakaran Chindran
Court: Gujarat
Decided on: Jul-16-2007
Reported in: [2008(117)FLR853]; (2008)1GLR761
K.M. Mehta, J.1. Regional Director, Employees' State Insurance Corporation, Ahmedabad, appellant-original-opponent, has filed this appeal against the judgment and order dated 12-7-2005 passed by the learned Judge, Employees' State Insurance Court, Ahmedabad, in E.I. Second Appeal No. 41 of 2003 in M.A.T. Appeal No. 60 of 2001.2. Heard Mr. Hemant S. Shah, learned Advocate for the appellant. When the matter was placed for hearing before this Court, this Court issued notice on 2-2-2007 and further orders were passed on 23-3-2007 as well as 20-6-2007. With consent of the parties, the matter has been taken up for final disposal.3. The facts giving rise to this appeal are as under:It is the case of respondent workman that he was working in Soma Textile, Rakhial Road, Ahmedabad. He is a member of Employees State Insurance Corporation. The appellant's Insurance Policy Number is: 37-142407. He was operating automatic weaving machine in Soma Textile Mill. According to him, the noise of the machi...
Radhekrishna Developers Pvt. Ltd. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jul-12-2007
Reported in: (2008)1GLR578
Ravi R. Tripathi, J.1. The present petition is filed as a very well-designed, dishonest attempt on the part of the petitioner to get out of the clutches of the law, which are applicable to the petitioner for its own deeds. The petitioner has prayed that:32(A) This Hon'ble Court may be pleased to issue a writ of certiorari or any other appropriate writ, order or direction quashing and setting aside the impugned order at Annexures 'N' and 'P' hereto; and consequently, restoring the order at Annexure 'M' hereto.2. The petitioner is a 'private limited company' represented through its Managing Director. The facts as stated by the petitioner, are that, earlier, the name of the petitioner-Company was 'P.K. Plastic Pvt. Ltd.', registered under the provisions of the Companies Act, 1956.In the year 1987, the said company (Shri P.K. Plastic Pvt. Ltd.) applied for the land admeasuring 2399 sq.mtrs. of Final Plot No. 236 of T.P. Scheme No. 21 of Survey No. 79 of village Vastrapur, Taluka City, Dist...
Mahendrabhai Kantilal Dave Vs. Manekchowk Co-op Bank Ltd. and 2 ors.
Court: Gujarat
Decided on: Jul-12-2007
Reported in: AIR2007Guj188; (2007)3GLR2349
D.A. Mehta, J.1. Both these petitions have been heard together as the evidence relatable to both the matters is common and the controversy arises out of Summary Lavad Suit No. 1007 of 1999 before the Board of Nominees. The said suit was filed by respondent No. 1_Co.operative Bank against both the petitioners who are guarantors in relation to loan availed of by one Milindaben Ashwinkumar Dave, Proprietor, Art Research Communication, Vadodara who was defendant No. 1 in the said suit. Vide judgment and award dated 23.10.2002 Board of Nominees decreed the suit directing all the defendants, viz borrower and the petitioner guarantors, to pay a sum of Rs. 2,46,215/- along with running interest @ 22.5% on and from 18.8.1999.2. The petitioner of Special Civil Application No. 1836 of 2005 carried the matter in appeal before the Gujarat State Co.operative Tribunal. The Tribunal dismissed the appeal vide order dated 25.08.2004. The petition against the said order came to be admitted vide order dat...
Dy. Executive Engineer, Gujarat Water Supply and Seweage Vs. Sultankha ...
Court: Gujarat
Decided on: Jul-12-2007
Reported in: [2008(116)FLR25]; (2008)ILLJ400Guj
ORDERR.S. Garg, J.1. Heard Mr. R.C. Jani, learned Counsel for the petitioner and Mr. K. R. Brahmbhatt, learned Counsel for the respondent.2. The petitioner establishment, being aggrieved by the award dated November 30, 2000 passed by the Labour Court, Amreli in Reference No. 127/1993 (Bhavnagar), Reference No. 161/1988 (Rajkot) and latest Reference No. 66 of 1998 (Amreli), is before this Court with submissions that the Labour Court erred in holding that the workman had worked for more than 240 days, therefore, his removal amounted to illegal retrenchment and that the Court below was absolutely unjustified in making such an observation.3. Learned Counsel for the petitioner submits that in view of judgment of the Supreme Court in the matter of Range Forest, Officer v. S.T. Hadimani : (2002)ILLJ1053SC , initial burden being on workman to prove that he had worked for 240 days and as he has failed to discharge the burden, the Court below was not-justified in drawing a presumption against th...
Board Trustees of the Port of Kandla Vs. Tariff Authority of Major Por ...
Court: Gujarat
Decided on: Jul-11-2007
Reported in: (2008)1GLR607
R.M. Doshit, J.1. The present petition under Article 226 of the Constitution of India is preferred by the Board of Trustees of Port of Kandla (hereinafter referred to as, 'the Board') against the order dated 26th September, 2000 made by the Tariff Authority for Major Ports (hereinafter referred to as, 'the Tariff Authority') and the consequent Notification issued on 6th October, 2000.2. The dispute in this petition revolves around the question whether the Kandla Port Trust (hereinafter referred to as, 'the Port Trust') had authority to claim demurrage for uncleared cargo in accordance with the Resolution passed by the Board on 9th January, 1997. The facts are such that in April, 1999 the respondent No. 2 (hereinafter referred to as, 'the exporter') brought certain quantity of cargo (boiled rice) in transit area of the Port Trust for export to Bangladesh. Admittedly, the cargo was not cleared within the specified period, nor the said cargo was exported. Part of the cargo was allowed to ...
Rasikbhai Gopalbhai Patel Vs. State of Gujarat
Court: Gujarat
Decided on: Jul-11-2007
Reported in: 2008CriLJ34; (2008)2GLR1009
A.L. Dave, J.1. Present set of appeals arises out of a judgment and order rendered by the Sessions Court, Ahmedabad (Rural), Ahmedabad, on 19th August, 1998, in Sessions case No. 22 of 1996.1.1 The two appellants came to be tried by the Trial Court along with two other accused persons, namely, Nainaben, wife of Rasikbhai Gopalbbai Patel and Vinod alias Bako Ramubhai Patel. They all were tried for the offence of murder, attempt to commit murder, unlawful assembly, criminal intimidation, causing insult intended to provoke breach of peace and rioting while armed with deadly weapons, punishable under the Indian Penal Code (SIPC). They were also tried for the offence punishable under Section 135 of the Bombay Police Act and the offences punishable under Sections 3(1)(x) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 [Atrocities Act for short]. The Trial Court convicted Rasikbhai Gopalbhai Patel (original accused No. 1) and Kishor alias Tijori K...
United India Insurance Company Ltd. Vs. Shakura Ishaq Bhaya and anr.
Court: Gujarat
Decided on: Jul-11-2007
Reported in: 2008ACJ2711; (2008)1GLR327
K.M. Mehta, J.1. United India Insurance Company Limited, appellant-original opponent No. 2, has filed this appeal against the judgment and award dated 27th April, 2000, passed by the Ex-officio Commissioner for Workmen's Compensation and Labour Judge, Labour Court, Jamnagar in Workmen's Case Nos. 10 to 23 and 30 of 1994. The learned Judge was pleased to award compensation as per the table in Para 6 of the judgment. The learned Judge has also awarded interest at the rate of 6% from the date of the application i.e., 26-2-1994.2. The facts giving rise to this appeal are as under:2.1 The original claimants were the employees of one Abdulla Haji Ibrahim Bhayad, owner of the ship, who is original opponent No. 1. According to the claimants, they were working with opponent No. 1 and opponent No. 1 used to pay Rs. 1,000/- as salary per month to one Shri Ishaq Osman original claimant No. 1 and other claimants were getting Rs. 500/- per month. All these claimants boarded one ship bearing Registra...
Bhikhubhai Vastabhai Vs. State of Gujarat
Court: Gujarat
Decided on: Jul-10-2007
Reported in: 2008CriLJ1467
C.K. Buch, J.1. The appellant-original accused No. 1 of Sessions Case No. 1 of 1987 has preferred this appeal against the judgment and order of conviction and sentence dated 13th January, 1992 recorded by the learned Additional Sessions Judge, Amreli for the offence punishable under Section 326 of the Indian Penal Code whereby the appellant has been directed to undergo rigorous imprisonment for five years and to pay a fine of Rs. 2,000/-, in default of making payment of amount of fine, to undergo rigorous imprisonment of one year.2. The appellant has expressed his grievance against the judgment and order under challenge by indicating various grounds which are mentioned in paragraph 3 of the memo of appeal. Mr. Lakhani, learned Counsel appearing with Mr. S.S. Saiyad, for the appellant has taken me through all the relevant grounds of challenge and also the evidence led by prosecution during the course of trial.3. On the strength of one complaint registered by Bagasara Police Station bein...
Navjagrut Labour Union and anr. Vs. Ahmedabad Electricity Co. Ltd. and ...
Court: Gujarat
Decided on: Jul-06-2007
Reported in: [2007(115)FLR600]; (2008)IILLJ175Guj
K.A. Puj, J.1. The applicant - third party, namely, Navjagrut Labour Union, a Regd. Union under the Trade Unions Act, 1926 represented by its General Secretary Shri Manoj R. Rajput, who was duly authorised by 106 employees, has filed this application seeking permission of this Court to be joined as respondent No. 3 in Letters Patent Appeal No. 1164/1998 and also in Special Civil Application No. 8030/1997.2. The application was opposed by the opponent No. 1 - original appellant - original petitioner i.e. Ahmedabad Electricity Company Limited. An affidavit-in-reply as well as written submissions were filed during the course of hearing. Similarly, application is also opposed by opponent No. 2 - orig. respondent No. 1 i.e. Electricity Mazdoor Sabha, a representative, Union. An affidavit-in-reply is filed on March 29, 2007. The applicant has also filed an affidavit on March 15, 2007 along with the affidavits of more than 200 employees stating that they have left the Electricity Mazdoor. Sab...
Mak Business Enterprise P. Ltd. Vs. Official Liquidator of Ambica Mill ...
Court: Gujarat
Decided on: Jul-05-2007
Reported in: [2008]141CompCas535(Guj); (2008)1CompLJ433(Guj); [2008]83SCL113(Guj)
M.S. Shah, J.1. Admit.Mr. J.S. Yadav, learned Counsel waives service of notice of admission on behalf of the official liquidator. In the facts and circumstances of the case, the appeal is taken up for final disposal today.2. This appeal is directed against the judgment and order dated May 9, 2007, of the learned company judge dismissing Company Application No. 166 of 2007, which was filed by the appellant herein for a direction to the official liquidator to execute sale deed in respect of the property in question in favour of the present appellant for a sale consideration of Rs. 7.35 crores which was already paid by April 24, 2007, pursuant to the previous order dated December 28, 2006, of the same learned company judge.3. Shree Ambica Mills Ltd. went into liquidation and its assets were put up for sale. The company's office premises at 122, Maker Chambers VI, Nariman Point, Mumbai, were put up for sale through a public advertisement as per the direction of the company court in Company...
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