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Gujarat Court March 2009 Judgments

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Mar 17 2009

Jyotiba S. Zala Vs. District Development Officer and anr.

Court: Gujarat

Decided on: Mar-17-2009

Reported in: (2009)2GLR1150

H.N. Devani, J.1. By this appeal under Clause 15 of the Letters Patent, the appellant has challenged the judgment and order dated 4th August, 2008 passed by the learned single Judge dismissing the petition filed by the appellant challenging the order dated 22nd August, 2007 passed by the District Development Officer, Ahmedabad in exercise of powers under Section 57(1) of the Gujarat Panchayats Act, 1993 ('the Act') whereby the appellant was removed from the office of Sarpanch of village Dholera, which order was confirmed by the Additional Development Commissioner by his order dated 25th September, 2007.2. The appellant was elected to the office of Sarpanch of Dholera Gram Panchayat on 12th December, 2007 (sic.) and took charge on 17th January, 2007. Within a short period of about five months, the District Development Officer issued a show-cause notice dated 20th June, 2007 against the appellant calling upon her to show-cause as to why she should not be removed from the office of Sarpan...


Mar 17 2009

Kamlesh @ Kamo Kunvarjibhai Patel Vs. State of Gujarat

Court: Gujarat

Decided on: Mar-17-2009

Reported in: (2009)2GLR1567

A.L. Dave, J.1. These two appeals arise out of a judgment and order rendered by Sessions Court, Morbi on 15-3-2003 in Sessions Case No. 22 of 2000 convicting all the appellants for the offences punishable under Sections 363 and 365 read with Section 114 of Indian Penal Code ('I.P.C.', for short) and Section 302 read with Section 114 of I.P.C. and Section 201 of I.P.C., sentencing them to undergo R.I for five years and fine of Rs. 1000/-, in default to undergo S.I for six months for the offences punishable under Sections 363 and 365 read with Section 114 of the I.P.C., imprisonment for life and fine of Rs. 1000/-, in default to undergo S.I for one year, for the offence punishable under Section 302 read with Section 114 of the I.P.C. and R.I for three years for the offence punishable under Section 201 of the I.P.C.2. The prosecution case in nutshell is that the incident occurred on dated 16-10-1999 at about 8 p.m., when the appellant No. 1-Ashwin Karsanbhai came to the house of the first...


Mar 16 2009

General Manager, Indian Rayon (Unit of Aditya Birla Nuvo Ltd.) Vs. Sai ...

Court: Gujarat

Decided on: Mar-16-2009

Reported in: (2009)2GLR1491

M.R. Shah, J.1. Rule. Mr. P.V. Hathi, learned Advocate waives service of rule on behalf of the respondent. With the consent of the learned Advocates appearing on behalf of the respective parties, the petition is taken up for final hearing today.2. By way of this petition under Article 226 of the Constitution of India the petitioner-Indian Rayon (Unit of Aditya Birla Nuvo Ltd.) through its General Manager has prayed for an appropriate writ, direction and/or order quashing and setting aside the impugned order dated 6-10-2006 passed by the Court of Commissioner for Disabled Person, Gandhinagar in Case No. 213 of 2006 directing the petitioner to pay respondent-workman benefit of pension considering his last service as notional from the date of his appointment till he attains the age of superannuation and if that arrangement could not be made then to pay some reasonable amount as ex-gratia which is just and proper from petitioner company's community betterment fund and employment welfare sc...


Mar 16 2009

Najmunisha Wife of Abdul Hamid Chandmiya @ Ladoo Vs. State of Gujarat

Court: Gujarat

Decided on: Mar-16-2009

Reported in: (2009)3GLR1982

J.R. Vora, J.1. Both the instant Appeals are preferred by the appellants under Section 374 of the Code of Criminal Procedure to read with Section 36B of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'N.D.P.S. Act') against the judgment and Order rendered by the Additional Sessions Judge, Court No. 9, City Sessions Court, Ahmedabad, on 28th of January, 2004, in Sessions Case No. 143 of 2000 and Sessions Case No. 295 of 2000, whereby the present appellant Smt. Najmunisha, wife of Abdul Hamid Chandmiya @ Ladoo Bapu, accused No. 1, came to be convicted by the trial Court, for the offences punishable under Section 20(b)(ii)(c) to read with Section 29 of the N.D.P.S. Act and was sentenced to undergo rigorous imprisonment of 10 years and to pay fine of Rs. 30,000/-, in default, to undergo simple imprisonment of one year. Though, she was also found guilty for the offence punishable under Section 25 of the N.D.P.S. Act, but no separate sentence was imp...


Mar 13 2009

Messrs Paras Bullion and anr. Vs. Union of India (Uoi) and anr.

Court: Gujarat

Decided on: Mar-13-2009

Reported in: 2009(164)LC212(Gujarat); 2009(238)ELT31(Guj)

D.A. Mehta, J.1. This petition is taken up for final hearing and disposal today. Rule. Learned Counsel for the respondents is directed to waive service.2. This petition has been preferred with the following prayers :(A) That Your Lordships may be pleased to issue a Writ of Mandamus or a Writ in the nature of Mandamus or any other appropriate writ, direction or order, directing the second respondent herein to return to the petitioners Bank Guarantee No. 106/06 dated 3.8.2006 and to pay interest at the rate of 12% p.a. for the amount of bank guarantee for the period from 9.6.2008 till the date when the bank guarantee is actually returned to the petitioners;(B) Pending hearing and final disposal of the present petition, Your Lordships may be pleased to direct the second respondent herein to forthwith return to the petitioners Bank Guarantee No. 106/06 dated 3.8.2006;(C) An ex-parte ad-interim relief in terms of Para 11 (B) above may kindly be granted;(D) Any other further relief that may ...


Mar 13 2009

Urvashiben Kanubhai Joshi Wd/O. Kanubhai K. Joshi Vs. Bakshisinh Ishwa ...

Court: Gujarat

Decided on: Mar-13-2009

Reported in: (2009)2GLR1078

Mohit S. Shah, J.1. This Revision Application under Section 29(2) of the Bombay Rent Act, 1947 is directed against the judgment and order dated 30-12-1993 passed by the learned Extra Assistant Judge, Panchmahals at Godhra dismissing Regular Civil Appeal No. 68 of 1990 of the petitioner-landlord, by which the lower appellate Court confirmed the judgment and decree dated 30-4-1990 of the learned Civil Judge (J.D.), Godhra dismissing Regular Civil Suit No. 708 of 1987 for eviction of the respondent for the suit premises at Godhra.2. The plaintiff had filed the above-numbered suit for eviction of the respondent-defendant on the ground of arrears of rent for more than six months and on the ground of nuisance.3. In the suit filed on 13-10-1987, the plaintiff contended that the plaintiff had given suit notice dated 8-9-1987 demanding arrears of rent for the period from 1-3-1987 to 31-8-1987. The notice was received by the defendant-tenant on 9-9-1987. The defendant gave reply dated 12-9-1987,...


Mar 13 2009

C.C. Chokshi and Co. and anr. Vs. Regional Provident Fund Commissioner ...

Court: Gujarat

Decided on: Mar-13-2009

Reported in: (2009)3GLR2496

Ravi R. Tripathi, J.1. Learned Advocate Mr. Joshi for M/s. Trivedi & Gupta learned Advocates for the petitioner invited attention of the Court to the order passed on 1-2-2008 by the Authorized Officer of Employees Provident Fund Organization, Vadodara, copy of which is produced at Annexure A.2. The learned Advocate for the petitioner submitted that the officer concerned has travelled beyond the order of remand, a copy of judgment and order is produced as Annexure-D, passed in Special Civil Application No. 13404of 2004 dated 22-9-2005 (Coram : Akil Kureshi, J.). The learned Advocate for the petitioner invited attention of the Court to last para of judgment which reads as under:Since, full material particulars regarding the existing number of trainees at the establishment is not before me, it is not possible for me to pass final conclusive order in this regard. It will be for the authorities to re-examine the issue and come to an appropriate conclusion on the basis of the observations ma...


Mar 12 2009

Vishwa Traders Pvt. Ltd. and anr. Vs. Union of India (Uoi) and 2 ors.

Court: Gujarat

Decided on: Mar-12-2009

Reported in: 2009(164)LC207(Gujarat); 2009(241)ELT164(Guj)

D.A. Mehta, J.1. Considering the scope of controversy between the parties, this petition is taken up for final hearing and disposal today. Rule. The learned Counsel appearing for the respondent authorities is directed to waive service.2. The facts, as are necessary for the present, may be briefly stated. The petitioner, a Private Limited Company was assessed vide Order-In-Original dated 28/11/2003, stated to be an ex-parte order. The petitioner challenged the same before the Tribunal, and vide order dated 2/12/2004 the matter was remanded back to the adjudicating authority. Pursuant thereto, on 6/10/2005, the petitioner made an application before Settlement Commission under Section 32E of the Central Excise Act,1944 ('the Act') admitting duty liability to the extent of Rs. 20,65,680/-. The same was revised upwards to the tune of Rs. 31,11,030/-.3. On 8/5/2006 the application made by the petitioner came to be admitted by Admission Order No: 80/CEX/2006 relatable to the period commencing...


Mar 12 2009

Naginbhai Govindbhai Kahar Vs. State of Gujarat and ors.

Court: Gujarat

Decided on: Mar-12-2009

Reported in: (2009)2GLR1213

K.A. Puj, J.1. Since, the common issue is involved in these four petitions and they are heard together, the same are being disposed of by this common judgment and order.2. The facts are taken from Special Civil Application No. 2165 of 2009 for convenience.3. Heard Mr. Ashim Pandya, learned Advocate appearing for H.L. Patel Advocates, for the petitioners and Ms. Trusha Patel, Mr. Neeraj Soni and Mr. Pranav Trivedi, learned Assistant Government Pleaders, appearing for the respondent-State on an advance copy being given to the Government Pleader's Office.4. It is the case of the petitioners that the petitioners were granted quarry lease for excavating sand which is minor mineral, by the order of the Collector dated 17-1-2004. The petitioners were granted lease in the basin of the river Tapi, opposite to Survey Nos. 560 and 561 of Village : Adajan. Pursuant to the order granting lease for a period of three years in favour of the petitioner, a lease-deed was executed on 10-4-2004.5. The pet...


Mar 09 2009

Nanalal Dayaljibhai Thakkar Vs. State of Gujarat Through the Commissio ...

Court: Gujarat

Decided on: Mar-09-2009

Reported in: (2009)3GLR1868

K.A. Puj, J.1. Since, common issue is involved in both these petitions, they are heard together and are being disposed of by this common judgment and order.2. The facts are taken from Special Civil Application No. 472 of 2009 for the sake of convenience.3. The petitioners have filed these two petitions praying for quashing and setting aside the impugned order dated 31st December, 2008 at Annexure-F of the petition passed by the respondent No. 2 and the order dated 5th January, 2009 at Annexure-G to the petition passed by the respondent No. 3. The petitioners have also prayed for a direction to the respondent No. 2 to issue poison licence in favour of the petitioner w.e.f. 1st January, 2009 to 31st December, 2009.4. This Court has issued notice on 21st January, 2009. On notice being served to the respondents an affidavit-in-reply is filed on behalf of the respondents on 9th February, 2009 and an affidavit-in-rejoinder is filed by the petitioner on 11th February, 2009.5. Since, the plead...


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