Gujarat Court January 2011 Judgments
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Chhayaben Sureshchandra AryA. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jan-31-2011
1. Rule. Mr.K.P.Rawal, learned Assistant Government Pleader, waives service of notice of Rule for respondents Nos.1 and 2. Though Respondent No.3 is served, none appears for him.2. This petition under Article 226 of the Constitution of India, has been filed with the following prayers:"A. This Hon'ble Court be pleased to issue an order, writ in the nature of mandamus and/or Certiorari or other appropriate writ, order or direction, declaring the impugned order of transferring the petitioner from Sojitra to Limdi and the decision of the respondent no.2 rejecting the representation of the petitioner, as illegal, unjust, arbitrary, non-application of mind and be pleased to quash and set aside the same and direct the respondent to continue the petitioner at Sojitra.B. Pending admission and final disposal of the petition be pleased to suspend further implementation and operation of the order of transfer from at Ann-A and the decision of the respondent no.2 at Annx-E/1 and direct the responden...
Mukesh Sukhabhai. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Jan-31-2011
1. Rule. Mr. RC Kodekar, learned Addl. Public Prosecutor waives service of notice of rule on behalf of the respondent State of Gujarat.2. Having regard to the facts of the case, the application is taken up for hearing today.3. The applicant convict prisoner, who, by judgment and order dated 6.2.2010 rendered in Sessions Case No.20 of 2009 by the learned Additional Sessions Judge, Navsari, has been convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced imprisonment of life, has filed this application through jail authority, praying to enlarge him on temporary bail for a period of 60 days, to get the treatment of the doctor of his own choice as he is suffering from the ailment of Fistula in ano.4. Having heard Mr. RC Kodekar, learned APP for the respondent State of Gujarat and upon perusal of the averments made in the application so also the jail remark sheet as well as the certificate dated 17.1.2011 issued by the Medical Officer, Vadodara Central ...
Balvantsinh Gemalsinh Solanki. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Jan-31-2011
1. RULE.2. Mr. L.B.Dabhi, learned APP appears and waives service of notice of Rule on behalf of the Respondent State of Gujarat.3. Having regard to the facts of the case, the application is taken up for hearing today.4. The applicant convict prisoner, who, vide judgment and order dated 17.4.2006 rendered in Sessions Case No. 8 of 2006 by the learned Additional Sessions Judge, Fast Track Court No.1, Bharuch, has been convicted for the offence punishable under Section 376, etc. of the Indian Penal Code and sentenced to suffer RI for 10 years, has filed this application through jail authority, praying to enlarge him on temporary bail for a period of 30 days to enable him to render financial assistance to his family members.5. We have considered the submissions advanced by Mr.L.B.Dabhi, learned APP for the Respondent State of Gujarat and perused the averments made in the application so also the jail remark sheet forwarded by the jail authority along with the application.6. Upon perusal of ...
Bajaj Allianz General Insurance Company Limited, Bhavnagar. Vs.
Court: Gujarat
Decided on: Jan-31-2011
1. Present First Appeal arise out of the impugned judgment and order dated 30.10.2010 passed by the learned Motor Accidents Claims Tribunal (Auxi), Fast Track Court, No.1., Bhavnagar passed below Exh. 5 in MACP No.520 of 2009 awarding Rs.25,000/- to the original claimant by way of interim compensation under Section 140 of the Motor Vehicles Act.2. Having heard learned advocate Shri Nanavati, learned advocate for the appellant-original opponent no.3, as the impugned order is passed under Section 140 of the Motor Vehicles Act, the same is not entertained. 3. However, it is observed that the same shall be without prejudice to the rights and contentions of the respective parties in the main claim petition and all the defences and contentions, which are available to the respective parties are kept open and the same shall be considered by the Tribunal while deciding the main claim petition. So far as the amount to be deposited by the appellant under the impugned order passed by the Tribunal ...
Rashmikant Jethabhai Dabhi. Vs. District Registrar - Cooperative Socie ...
Court: Gujarat
Decided on: Jan-31-2011
1. By way of this petition under Article 226 of the Constitution, the petitioner challenges order dated 13-7-2010 passed in Revision Application No.31 of 2010 by the competent/appellate authority, Deputy Secretary (Appeal), Agriculture and Co-operation Department, Sachivalaya, Gandhinagar, whereby the competent authority quashed and set aside the order dated 15-1-2010 passed in Appeal No.106 of 2000 by the Additional Registrar(Appeals), Co-operative Societies, Gujarat State, Gandhinagar, and remanded the matter to the District Registrar for deciding the matter afresh.2. It is submitted by learned advocate, Mr.D.P. Joshi for the petitioner that as per the order passed by the competent authority, it was held that before passing resolution under Sec.36 of the Co-Operative Societies Act, no opportunity has been given to the petitioner and as far this issue is concerned, it was not mentioned in the agenda which was a necessity under the provisions of law and, therefore, the impugned order b...
M C Bhatt. Vs. Ramniklal Maganlal Shah Prop.Shah Ramniklal Maganlal an ...
Court: Gujarat
Decided on: Jan-31-2011
1. The present acquittal Appeal has been filed by the appellant (original complainant - Food Inspector, Surat Municipal Corporation, under Section 378(4) Cr. P.C., against the Judgment and order dated 06.03.2002, rendered in P.F.A. Case No. 3 of 2001 by the learned Judicial Magistrate, First Class (Municipal), surat. The said case was registered against the present respondents No.1 to 8 original accused for the offence under section 7 & 16 of the Prevention of Food Adulteration Act (for short "PFA Act") in the Court of learned JMFC (Municipal), Surat. The said Judgment of the trial Court has been challenged by the Food Inspector on the ground that the Judgment and order passed by learned Magistrate is against the law and evidence on record.2. According to the prosecution case, the complainant Food Inspector, visited the business premise of respondent No.1 - accused No.1 on 07.09.1999 and in presence of respondent No.2 and the panch, took sample of "Rajmoti Cotton Oil" for the purpose o...
Pradip Talkies Through Kanugiri Bhagwangiri and ors.Junagadh Municipal ...
Court: Gujarat
Decided on: Jan-31-2011
1. The petitioners herein have challenged the order dated 18.12.2010 passed by the Additional District Court, Junagadh in Civil Misc. Appeal No. 96 of 2003 which is an appeal preferred by the respondent no. 1 challenging the order dated 16.10.2003 passed in application below Ex. 5 in Regular Civil Suit No. 154 of 2001 by the 5^th Joint Civil Judge (S.D.), Junagadh.2. The petitioners are the original plaintiffs in Regular Civil Suit No. 154 of 2001 before the Civil Court (S.D.), Junagadh challenging the action of the respondents in increasing the show tax from Rs. 5/- to Rs. 125/-. It was also prayed in the suit that on the basis of the resolution dated 09.02.2001 passed by the respondent no. 2 the permanent injunction be granted for not charging Rs. 125/- as show tax.3. Along with the suit an application Ex. 5 for injunction was also moved by the petitioners. After hearing both the sides, the Civil Court, Junagadh vide order dated 16.10.2003 allowed the Ex. 5 application. Being aggriev...
Suman Damodar Dhobi. Vs. the State of Gujarat.
Court: Gujarat
Decided on: Jan-31-2011
1. RULE. Mr.L B. Dabhi, learned APP waives service of rule on behalf of the respondent State of Gujarat.2. By instant application under Section 389 of the Code of Criminal Procedure, 1973, the applicant has prayed for suspension of sentence awarded to him and to release him on regular bail during the pendency and final hearing of the above numbered criminal appeal. Alternatively, it is also prayed to expedite the hearing of the criminal appeal.3. We have heard learned advocates for the parties.4. At the time of hearing of this application, Ms.Kruti M. Shah, learned advocate for the applicant does not press this application and seeks leave to withdraw the same.5. Mr.L. B. Dabhi, learned APP for the respondent State of Gujarat has no objection if leave as prayed for is granted. Hence, leave to withdraw the application is granted.6. The application stands rejected as it is withdrawn. Rule is discharged....
Employees State Insurance Corporation. Vs. Ganpat Karshanbhai Parmar.
Court: Gujarat
Decided on: Jan-31-2011
1. Draft amendment is allowed.2. The present appeal under Section 82 of Employees' State Insurance Act,1948, has been preferred by the appellant Employees State Insurance Corporation challenging the impugned judgement and award dated 15/10/2010 passed by Employees' State Insurance Court, Ahmedabad (hereinafter referred to as "the ESI Court") in ESI Second Appeal No.32/2009 as well as order dated 29/06/2009 passed by Medical Appellate Tribunal, Ahmedabad in MAT Appeal No.25/2009, by which, Medical Appellate Tribunal has quashed and set aside the finding of the Medical Board assessing disability of the workman at 0% and assessed disability of the workman at 15%.3. It was the case on behalf of the respondent original workman that while he was in service, he sustained injury in his left eye and, therefore, the case of the respondent workman was referred to the Medical Board and the Medical Board assessed disability of the workman at 0% by holding that loss of vision was not due to employme...
Parsottambhai Madhubhai Patel Thro'Kantaben Parsottambhai. vs. State o ...
Court: Gujarat
Decided on: Jan-31-2011
1. RULE.2. Mr. R.C. Kodekar, learned APP appears and waives service of notice of Rule on behalf of the respondent State of Gujarat.3. Having regard to the facts of the case, the application is taken up for hearing today.4. The applicant- convict prisoner, who vide judgment and order dated 15.2.2008, rendered in Sessions Case No. 195 of 2001, by the learned Additional Sessions Judge, Fast Track Court No.2, Amreli, has been convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to imprisonment for life, has filed this Application, through his wife -Kantaben Parshottambhai Patel, praying to enlarge him on temporary bail, for a period of 60 days, to enable him to get it repaired his house, which has become dilapidated.5. We have considered the submission made by Mr. R.C. Kodekar, learned APP for the respondent State of Gujarat. We have also perused the averments made in the application and the supporting document that form part of the application. We ...
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