Gujarat Court November 2009 Judgments
Oriental Insurance Co. Ltd. Vs. Gangaben Salambhai Nayak and 9 ors.
Court: Gujarat
Decided on: Nov-24-2009
Reported in: (2010)1GLR312
H.K. Rathod, J.1. The appellant has challenged judgment and award passed by MACT, (Auxi.), Panchmahals at Godhra in MACP No. 1883 of 2000 Exh. 34 decided on 30th June, 2009. The Claims Tribunal has awarded Rs. 4,15,000/- with 8% interest in favour of respondents-claimants.2. Learned advocate Mr. K.K. Nair appearing on behalf of appellant-insurance company raised number of contentions before this Court challenging award in question. He submitted that deceased was travelling on roof of tempo when admittedly vehicle is goods vehicle. The FIR filed by cleaner of tempo not asked deceased to sit on roof of tempo, deliberately deceased was travelling on roof of tempo.2.1 Learned advocate Mr. K.K. Nair has relied upon decision of Apex Court in case of National Insurance Co. Ltd. v. Cholleti Bharatamma and Ors. reported in 2007(12) Scale 560. He submitted that owner of goods means only the person who travels in the cabin of the vehicle. Therefore he submitted that admittedly deceased was travel...
Tag this Judgment!Jan Balaz Vs. Anand Municipality and 6 ors.
Court: Gujarat
Decided on: Nov-11-2009
Reported in: AIR2010Guj21
K.S. Radhakrishnan, C.J.1. The question whether a child born in India to a surrogate mother, an Indian national, whose biological father is a foreign national, would get citizenship in India, by birth, is a momentous question which has no precedent in this country.2. Petitioner is a German national and is a biological father of two babies given birth by a surrogate mother by name - Marthaben Immanuel Khristi - a citizen of India. Petitioner's wife Susanne Anna Lohle is a German national. Due to biological reasons, the wife of the petitioner was not in a position to conceive a child. Desiring to have a child of their own, they opted for In Vitro Fertilization (IVF). Assisted Reproductive Technology Infertility Clinic at Anand came to their help. Investigation revealed that wife of the petitioner would not be in a position to reproduce ova (eggs) as a result of which it would not be possible to conceive a child even with the help of a surrogate mother by using the sperm of the petitioner...
Tag this Judgment!Parmar Manishbhai Babulal Vs. State of Gujarat
Court: Gujarat
Decided on: Nov-10-2009
Reported in: 2010CriLJ709; (2010)1GLR424
ORDERA.L. Dave, J.1. Rule. Service of rule is waived by Ms. Manisha Shah, Ld. APP on behalf of the opponent -State.2. This group of applications is preferred by convicts of Special [Atrocity] Case No. 22 of 2008, who came to be convicted by the Ld. Addl. Sessions Judge, Patan, by judgment and order dated 6/3/2009 for offences punishable under Sections 376, 376(2)(G) read with Section 120B and Sections 342 and 354 and section 506(2) and section 377 of the Indian Penal Code [IPC].3. The 6 appellants convicts were the accused persons before the trial Court. They are all working as teacher in the PTC Residential College at Patan. The victim is an inmate of the hostel, who took admission in the hostel on 24/7/2007. She came to be gang raped repeatedly on 4 occasions and came to be raped singularly on the 5th occasion between the period commencing from 11/9/2007 to 25/2/2008. One of the accused persons original accused No. 4 happens to be the class-teacher and others are teachers in the said...
Tag this Judgment!Essar Steel Ltd. Vs. Union of India (Uoi)
Court: Gujarat
Decided on: Nov-04-2009
Reported in: [2010]24STT121
K.A. Puj, J.1. Since common issue is involved in all these petitions, and since they are heard together, they are being disposed of by this common judgment and order.2. Special Civil Application Nos. 9656 & 9713 of 2008 are filed by Domestic Tariff Area Units and goods are cleared to SEZ units under LUT/Bond and/ or rebate.3. Special Civil Application Nos. 11032 & 9806 of 2008 are filed by SEZ Developers and remaining 8 petitions are filed by SEZ Units. The Domestic Tariff Area Suppliers followed the procedure of LUT/Bond while clearing the goods to SEZ Units.4. In Special Civil Application Nos. 9656, 9713, 10444, 10445, 10446, 13298, 11032 and 11909 of 2008, Mr. K.S. Nanavati and Mr. Mihir H. Joshi, learned Senior Advocates appeared with Mr. Keyur Gandhi for Nanavati Associates for the petitioners.5. In Special Civil Application Nos. 9792 & 9806 of 2008, learned advocates Mr. Vikram Nankani with Mr. Uday Joshi with Mr. Hardik Gupta of M/s. Trivedi and Gupta Advocates and Mr. Hardik Mo...
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