Gujarat Court January 2011 Judgments
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Super Industrial Service. Vs. Chief Officer and anr.
Court: Gujarat
Decided on: Jan-28-2011
1. The petitioner is aggrieved by letter dated 20.09.2010 of respondent No.1, the Chief Officer, Notified Area, Gujarat Industrial Development Corporation, Vapi. According to that letter, if the petitioner were to fail in producing three necessary licenses, his tender, otherwise accepted as the highest, for supply of security and collection of parking fees, would be treated as disqualified.2. Learned counsel, Mr. Mirza, submitted that the petitioner was not ready with those licenses as the tender form or conditions did not mention the requirement of such licenses. 3. He further submitted that the petitioner already has the necessary licenses under the Provident Fund Act and the Employees State Insurance Corporation Act but the third required license could be obtained only from the Inspector General of Police (Law and Order) for which the petitioner has to make an application and wait for issuance of such license.4. Under the above circumstances, the petition was not pressed at this sta...
Sarlaben Dashrathlal Dave. Vs. Vinodbhai Gadi President, M.P.Municipal ...
Court: Gujarat
Decided on: Jan-28-2011
1. This petition, under Article 226 of the Constitution of India, assails judgment and order dated 16.02.1994, passed by the Gujarat Higher Secondary Tribunal, Ahmedabad ("the Tribunal" for short) in Application No.189/1992, filed by the petitioner, whereby the claim of the petitioner that she should be treated as having been appointed as Higher Secondary Teacher from August, 1992, has been negative and the petitioner has been directed to be appointed as Higher Secondary Teacher with effect from 01.03.1994.2. Briefly stated, the relevant facts of the case are that the petitioner was working as a Secondary Teacher since November, 1983 at Shri Champaklal Navchetan Vidyalaya, Kapadvanj, District Kheda. She was teaching in the Secondary Section of the said school at the relevant period of time. It is stated in the petition that the petitioner possesses the academic qualifications of M.A., B.Ed., Teachers Training Course in Needle Craft and she has also passed the examination for Hindi Rast...
Fatesinh Gambhirsinh DodiA. Vs. Omkarsinh Pravinsinh Dodia and ors.
Court: Gujarat
Decided on: Jan-28-2011
1. This petition has been filed against the order passed by the learned J.M.F.C., Hansot in Misc. Civil Application No.01/2004 dated 23.08.2005, whereby, the said application was allowed and the petitioner-original opponent has been directed to pay an amount of Rs.3,500/- per month to the respondents towards their maintenance.2. The facts in brief are that the son of the petitioner herein married respondent no.3 some where in the year 1992. Out of the said wed-lock two children, respondent nos.1 & 2 herein, were born. However, in 1997, the son of the petitioner died in an accident. In the year 2004, the respondents filed Civil Misc. Application No.01/2004 before the Court below seeking maintenance under the provisions of the Hindu Guardian and Maintenance Act, 1956. The said application came to be allowed by way of the impugned order dated 23.08.2005. Thereafter, the respondent had also filed a criminal complaint against the petitioner. 3. A suit being Civil Suit No.38/2005 was also fi...
Kanubhai Bhimbhai Khachar. Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-28-2011
1. This is an application under Sec.439 of the Code of Criminal Procedure, 1973 for regular bail by the applicant who came to be arrested in connection with CR No. I-22 of 2010 registered with Ranpur police station, for the offence punishable under Sections 143, 147, 148, 149, 302 and 504 of Indian Penal Code.2. Learned advocate Mr. A.M. Dagli for the applicant submitted that the applicant has not given a blow on the vital part of the body of the deceased, but he has given a blow on the right side elbow of the deceased. Save and except the aforesaid overt act, no other act is committed by the applicant. Learned advocate placed reliance on the order dated 15.10.2010, passed by the coordinate bench of this Court in Criminal Misc. Application No. 11061 of 2010, order dated 29.11.2010 passed in Criminal Misc. Application No. 12430 of 2010 and the order dated 30.12.2010 passed by this Court in Criminal Misc. Application No. 14718 of 2010 and submitted that even on the ground of parity, the ...
Premchand J Panchal. Vs. Shahjahabanu Liyakatkhan Patha and ors.
Court: Gujarat
Decided on: Jan-28-2011
1. Civil Revision Application No. 729 of 1999 has been filed by the petitioner-original plaintiff for the prayer that the order passed by the learned 2nd Extra Assistant Judge, below Exh. 3 granting permission to appeal against the judgment and order passed in Regular Civil Suit No. 248/97 by the learned Civil Judge (S.D.), Banaskantha at Annexure-A may be set aside on the grounds stated in the Memo of Petition, inter alia, that the learned Judge has failed to appreciate the fact that the appellant-applicants were not a party at all before the trial court and therefore they have no right to file an appeal challenging the impugned judgment and decree passed by the trial court. It is also contended that the trial court has failed to appreciate the provisions of O. 41 R. 1 & 2 which resulted in miscarriage of justice. It is also contended that the lower appellate court ought to have issued notice to the present petitioner and without giving any opportunity of hearing the order is passed. ...
Barot Vithalbhai Chimanbhai. Vs. Dudhsagar Dairy Employees Credit and ...
Court: Gujarat
Decided on: Jan-27-2011
1. The petitioner judgment debtor has filed Civil Revision Application under section 115 of the Code of Civil Procedure, challenging the order dated 7^th January 2004 passed by the learned Civil Judge (S.D.), Mehsana below an application Exh.22 in Special Darkshat No.39/1996.2. The petition was admitted on 18^th March 2004 and rule was issued.3. It is the case of the petitioner that the respondent filed a suit being Lavad Suit No.133/1990 before the Court of Board of Nominees for recovery of Rs.15,30,578=00 against the petitioner. The said suit came to be decreed by the Court on 12^th June 1996. Against the judgment and order passed by the Court of Board of Nominees on 12^th June 1996, the petitioner had preferred Appeal No.266/1996 before the Gujarat State Cooperative Tribunal, which came to be dismissed. The respondent thereafter filed execution petition before the learned Civil Judge (S.D.), Mehsana for execution of the decree passed by the Court of Board of Nominees. During the pen...
State of Gujarat Thro' Range Forest Officer. vs. China Karshan Bhadark ...
Court: Gujarat
Decided on: Jan-27-2011
1. The State of Gujarat through its officer has preferred this petition under Articles 226 and 227 of the Constitution of India challenging the order dated 7.2.2001 passed by the Presiding Officer, Labour Court, Junagadh in Reference (LCJ) No. 1253 of 1990 as well as order passed by the Court on 23.3.2007 and 26.6.2007 and in the alternative, prayed that the matter be remanded back for fresh consideration and during the pendency of this proceedings, recovery application being Recovery Application No. 68 of 2007 be stayed.2. This Court (Coram: K.A. Puj, J.) on 6.12.2010 passed order regarding gross delay and lack of interest on the part of concerned officers in not taking appropriate steps. Therefore, the petitioner was directed to file an affidavit giving names of concerned Range Forest Officers, who were in charge during that relevant point of time and also proper explanation as to why no timely action were taken by them and for this purpose, the matter was adjourned to 20.12.2010. Th...
Bhagiben Chamnabhai Parmar - Thro' Chamnabhai D Parmar. vs. State of G ...
Court: Gujarat
Decided on: Jan-27-2011
1.0 Petitioner is a young lady. She has made the following substantial prayer in this petition:"10. (B) Your Lordships may be pleased to Direct the Civil Surgeon, General Hospital, Palanpur, to arrange for the Medical termination of the pregnancy of the Petitioner Herein, and to further make arrangements to preserve the Fetes." This prayer is made in the following factual background:2.0 On 11.10.2010, father of the petitioner filed a complaint before the Deodar Police Station, which is registered as C.R. No. I-149/2010, for the alleged offences punishable under Section-366 of the Indian Penal Code and Section-3(1)(x)of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989.2.1 The complainant had alleged, inter alia, that his daughter aged about 18 years, was kidnapped by one Amratji Agraji Thakore, the original accused. She was taken away in a jeep car, on 28.09.2010, at about 2:00 p.m..2.2 Though, the original accused is, still, absconding, the Investigating Age...
ZainuddIn Toharali Khokhar and ors. Vs. Mavaji Kanji Maheshwari and or ...
Court: Gujarat
Decided on: Jan-27-2011
1. The present appeal under Section 173 of the Motor Vehicles Act, has been preferred by the appellants original claimants challenging the impugned judgement and award dated 20/10/2010 passed by learned Motor Accident Claims Tribunal (Auxi), Bhuj- Kutchh in Motor Accident Claim Petition No.635/2007 in not awarding full compensation and awarding compensation only Rs.3,91,700/- with interest at the rate of 9% per annum from the date of application till realization.2. Mr.Hiren Modi, learned advocate appearing on behalf of the appellants has submitted that despite sufficient evidence on record to show that the income of the deceased was Rs.3,300/- per month, the Tribunal has materially erred in awarding future economic loss considering the income of the deceased at the rate of Rs.2,700/- per month. It is further submitted that on oath the appellants have stated that the income of the deceased was Rs.3,300/- per month and the same was supported by Certificate issued by the Councillor, Mandv...
Dilipkumar Hargovindbhai Patel. Vs. Pratapkumar Chaganbhai MakwanA.
Court: Gujarat
Decided on: Jan-27-2011
1. This petition has been filed against the impugned order passed by the learned Additional Sessions Judge and Fast Track Court, Gandhinagar in application below Exhibit-15 in Civil Misc. Appeal No. 25 of 2010 dated 18.10.2010, whereby the said appeal was dismissed and the order passed by the 4^th Additional Civil Judge, Gandhinagar in application Exhibit-1 filed in Civil Misc. Application No. 79 of 2009 dated 02.03.2010 was confirmed.2. The facts in brief are that the respondent had filed Summary Suit No. 14/2008 against the petitioner for recovery of an amount of Rs.15 lacs, which came to be decreed vide order dated 31.03.2009. Thereafter, the petitioner under Order 37 Rule 4 of the CPC had preferred an application being Civil Misc. Application No. 79/2009 for restoration of the suit in question. Along with the said application, an application for delay condo nation was filed by the petitioner. The learned 4^th Additional Civil Judge, Gandhinagar vide order dated 02.03.2010 rejected ...
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