Gujarat Court May 2009 Judgments
Shaan Zaveri and 3 ors. Vs. Gautam Sarabhai Private Limited
Court: Gujarat
Decided on: May-15-2009
Reported in: [2009]150CompCas499(Guj); [2010]97SCL351(Guj)
K.A. Puj, J.1. The present Company Application has been filed, pursuant to the special resolution passed at the meeting dated 11.02.2009 of the contributories of Gautam Sarabhai Private Limited ('the Company') for permanently staying the voluntary liquidation of the Company and there upon seeking discharge of the liquidators. The Company was in voluntary liquidation in terms of the special resolution passed at the meeting of its shareholders held on 20.01.1970. By the present application, the applicants also seek to revive and restart the Company in terms of the clauses of its Memorandum of Association and Articles of Association and to permit the shareholders of the Company to elect the members of the board of Directors.2. The Company was incorporated under the Indian Companies Act VII of 1913 and was registered with the Registrar of Companies, Bombay. The objects for which the Company was established have been stated in paragraph 3 of the application. 3. The Company had in March 1947...
Tag this Judgment!Prabhatsinh Samatsinh Vs. D.S.P and anr.
Court: Gujarat
Decided on: May-14-2009
Reported in: (2009)3GLR2499
Akil Kureshi, J.1. Petitioner has challenged an order of his removal dated 28.1.88 passed by the Disciplinary Authority and upheld by the Appellate Authority.2. Briefly stated, facts of the case are:The petitioner was employed as Armed Police Constable. A charge-sheet dated 31.12.84 came to be issued against the petitioner. In the chargesheet, it was alleged that the petitioner had married one Chandanben about 20 years back through which marriage he had five children. Despite this, about 10 years back, the petitioner had come in contact with one Savitaben and had developed illicit relations with her. They stayed together as husband and wife out of which cohabitation, they had two children. In the school records of the children also, the petitioner was shown as their father. Once again, thereafter, the petitioner developed illicit relation with one Dhuliben of village Rajpura, Taluka Padra and they are living together as husband and wife.3. Since the petitioner did not accept the charge...
Tag this Judgment!Panchmahal Dist. Co-op. Bank Ltd. Vs. Harjivandas Purshottamdas Prajap ...
Court: Gujarat
Decided on: May-13-2009
Reported in: (2009)2GLR1588; (2010)ILLJ180Guj
K.M. Thaker, J.1. By this petition, the petitioner, a Co-operative Bank, has brought under challenge order dated 2-2-2007 passed by the appellate authority appointed under Payment of Gratuity Act, 1972 (hereinafter referred to as 'the Act') in Gratuity Case No. 6 of 2005 whereby, the appellate authority has confirmed order passed by the controlling authority appointed under the Act by which the authority awarded an amount of Rs. 3,50,000/- towards gratuity with interest at the rate of 10% in favour of the respondent.2. The short facts involved in this case are that the respondent herein joined service of the petitioner-Bank and at the material point of time, the respondent was working as Assistant in-charge at Sukhpur Branch of the petitioner-Bank. It emerges from the record that while he was in service of the petitioner-Bank, certain serious charges of misappropriation of funds of large amount were levelled against him, and simultaneously, proceedings under Sections 406, 407, 408, 409...
Tag this Judgment!In Re: Gallops Realty P. Ltd.
Court: Gujarat
Decided on: May-08-2009
Reported in: [2009]150CompCas596(Guj); [2010]97SCL93(Guj)
K.A. Puj, J.1. These are the petitions filed by the petitioner-companies for sanction of a composite scheme of arrangement in the nature of purchase of shares and demerger of hotel business of Gallops Realty P. Ltd., the demerged company to Atithya Inn P. Ltd., the resulting company and the consequent reconstruction of the share capital of the demerged company under Section 391 read with Section 394 read with Sections 78 and 100 - 104 of the Companies Act, 1956.2. It has been submitted that with the object of realignment of the shareholding pattern of the demerged company as agreed between the shareholders, the proposed scheme envisages the purchase of equity shares from the shareholders and subsequent cancellation and reduction of equity share capital by the demerged company.3. It has been further submitted that the demerged company is presently engaged in two different activities, viz., development of real estate projects as well as the development and operating of hotels. The result...
Tag this Judgment!In Re: Paramount Centrispun Castings P. Ltd.
Court: Gujarat
Decided on: May-08-2009
Reported in: [2009]150CompCas790(Guj)
K.A. Puj, J.1. These are the petitions filed by the three petitioner-companies for sanction of the scheme of arrangement embodied in the scheme of amalgamation of Reclamation Welding Ltd., and Paramount Centrispun Castings P. Ltd., with AIA Engineering Ltd.2. The petitioner of Company Petition No. 23 of 2009 is Paramount Centrispun Castings P. Ltd. It was incorporated on April 27, 1983, in the name of Paramount Centrispun Castings Ltd., in the State of Maharashtra and its name was changed to Paramount Centrispun Castings P. Ltd., with effect from April 26, 2001. The registered office of this company was shifted from the State of Maharashtra to the State of Gujarat with effect from September 15, 2008. This company is a wholly owned subsidiary of AIA Engineering Ltd. It is doing the job work of manufacturing of semi finished castings for AIA Engineering Ltd.3. The petitioner in Company Petition No. 24 of 2009 is Reclamation Welding Ltd. It was incorporated on April 10, 1981, in the name ...
Tag this Judgment!Dhansukh Bhikhabhai Kapadi Vs. State of Gujarat
Court: Gujarat
Decided on: May-07-2009
Reported in: 2009CriLJ4319; (2009)3GLR1854
D.H. Waghela, J.1. This appeal is preferred from the judgment and order dated 30.3.2001 of learned Additional Sessions Judge, Veraval in Sessions Case No. 422 of 1999 whereby the appellant is convicted for the offences punishable under Sections 302, 392 and 394 of IPC and Section 135 of Bombay Police Act, 1951 with consequent orders of sentences and fines and default stipulations.2. On 30.8.1999, an FIR came to be lodged by PSI, Sutrapada, District Junagadh, on the basis of an anonymous call received at 07.45 a.m. According to the FIR (Ex.48), the PSI made an entry and went to the spot near GHCL factory where a dead body and a gray coloured ambassador car No. GTQ 7771 were found. The dead body lying on the road had multiple injuries and, during the inquest panchnama, a driving license was found from its pocket whereby the deceased was identified to be Mukesh J. Davda, resident of Vadinar, District Jamnagar (described hereinafter for convenience as 'the deceased'). The car had marks and...
Tag this Judgment!Commissioner, Jamnagar Municipal Corporation Vs. Kishorchandra Veljibh ...
Court: Gujarat
Decided on: May-07-2009
Reported in: (2009)3GLR2118
K.M. Thaker, J.1. The present petition has been filed against the order dated 16-9-2008 passed by the appellate authority directing the petitioner-Corporation to pay Rs. 1,79,633/- towards gratuity to the respondent. The appellate authority has directed that the payment be made with 10% interest in view of the delay caused by the petitioner-Corporation in making the payment. The said order is under challenge.2. The factual backdrop which emerges from the record, is as follows:2.1. At the relevant time, the respondent was working as 'Senior Clerk' with the petitioner-Corporation. He joined his service in the Corporation in 1976 and was allowed, in light of his request, to voluntarily retire with effect from 31st August, 2006.2.2. It is pertinent that the respondent had made an application for voluntary retirement on 23-5-2006 which was granted and an order dated 21-8-2006 allowing the respondent to voluntarily retire, was passed. Pursuant to such order, the respondent voluntarily retire...
Tag this Judgment!Kanubhai Genaji Trikamji Bhatt Vs. State of Gujarat
Court: Gujarat
Decided on: May-06-2009
Reported in: (2009)3GLR1937
J.C. Upadhyaya, J.1. Rule. Service of rule is waived by learned A.P.P. Mr. Pandya and Mr. A. B. Munshi for the respondent-State and original complainant.2. The petitioner, who is original accused No. 4 in Sessions Case No. 143 of 2008 pending in the Court of learned 2nd Addl. Sessions Judge, Sabarkantha at Himatnagar, preferred this revision application under Section 397 read with Section 401 of the Code of Criminal Procedure (for short 'Cr.P.C') challenging the legality and validity of the impugned order dated 4-3-2009 whereby his request to discharge him from the offences punishable under Sections 307 and 120B of the I.P.C. and Section 135 of the Bombay Police Act (B.P. Act) came to be rejected.3. The Sessions Case No. 143 of 2008 is pending against five accused persons. By preferring an application on 11-12-2008, all the five accused persons requested for their discharge as contemplated under Section 227 of the Cr.P.C. The application came to be dismissed by the learned 2nd Addl. Se...
Tag this Judgment!Uco Bank Vs. Bank of Baroda
Court: Gujarat
Decided on: May-05-2009
Reported in: AIR2009Guj105; (2009)3GLR2458
ORDERRavi R. Tripathi, J.1. The present petition is filed by UCO Bank being aggrieved by an order passed by the Recovery Officer, DRT Ahmedabad in Recovery Proceedings (Execution Petition) No. 74 of 2007. A copy of the order is produced as Annexure-A to the petition at page 19. The learned advocate Mr. Rana for the petitioner vehemently submitted that the petitioner bank has initiated the proceedings for recovery by issuing notice under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'the SARFAESI Act' for short) on 30-4-2004. Thereafter the action under Section 13(4) of the said Act was taken on 13-1-2005 and thereafter auction notice was issued on 26-7-2005. Learned advocate for the petitioner submitted that auction notice was issued on 26-7-2005 but inadvertently the same could not be annexed with the petition. He tendered a copy of the same which is taken on record.2. The learned a...
Tag this Judgment!Oriental Insurance Co. Ltd. Vs. Gunvantba Mularajsinh Jadeja and ors.
Court: Gujarat
Decided on: May-05-2009
Reported in: (2009)2GLR1596
H.K. Rathod, J.1. Heard the learned Advocates appearing on behalf of respective parties.2. The appellant-Insurance Company has challenged the award passed by Motor Accident Claims Tribunal, Jamnagar in Claim Case No. 4148 of 1998 decided on 22nd May, 2006, where Claims Tribunal has awarded Rs. 7 lakhs with 7.5% interest in favour of respondent-claimants.3. Learned Advocate Ms. Jani raised contentions before this Court that Claims Tribunal has failed to appreciate that deceased was travelling as a gratuitous passenger and not as a Cleaner as claimed, therefore, Insurance Company cannot be held liable to pay any compensation. The F.I.R. is filed by one of the passenger travelling in Matador, but F.I.R. does not mention that deceased was travelling as a Cleaner. In Matador, approximately eight passengers were travelling where driver, owner, conductor and all passengers belong to village Toda. Therefore, it is not possible that name of deceased and his alleged capacity of Cleaner of Matado...
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