Gujarat Court January 2011 Judgments
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Dhoraji Municipality. Vs. Ramniklal Shamjibhai VaghasiyA.
Court: Gujarat
Decided on: Jan-19-2011
1. Heard learned Advocate for the petitioner.2. The employer-Municipality who was first party in Reference (LCR) No. 149 of 2009 (Old No. 274/96-125-07) has approached this Court under Articles 226 and 227 of the Constitution of India challenging Award and Order dated 20.11.2010 passed by Presiding Officer, Labour Court, Rajkot partly allowing the Reference of the respondent workman hereinabove and directing petitioner Municipality to reinstate the workman without any backwages and without any cost.3. The workman was serving as Mason and was earning @ Rs.44/- per day since last seven years prior to his termination. The services of the workman were terminated on 16.6.1996 without following any due procedure of law. The workman raised industrial dispute which came to be referred to the Labour Court as Reference (LCR) No. 149 of 2009 (Old No. 274/96-125-07). The respondent workman and petitioner employer led their respective evidence and finally the Court came to the conclusion that there...
Marjeena Begum @ Seema W/O Mohammed Aslam Kadar Shaikh and anr. Vs. St ...
Court: Gujarat
Decided on: Jan-19-2011
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 applicants convict prisoners, who, vide judgment and order dated 24.2.2010 rendered in Special Case No.124 of 2008 by the learned Additional Sessions Judge, Fast Track Court No.2, Palanpur, have been convicted for the offence punishable under Section 20(b) (ii)(C) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act and sentenced to suffer RI for 10 years, have filed this application, praying for suspension of sentence and to release them on regular bail during the pendency and final hearing of the above numbered Criminal Appeal.5. We have considered the submissions advanced by Mr. E.E.Saiyed, learned Advocate for the applicants and Mr.R.C.Kodekar, learned APP for the Respondent State of Gujarat and perused the averments made in the applicati...
Narsibhai Lavjibhai Khokhar. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jan-19-2011
1. The petitioner is common in both the petitions. The issues arising in these petitions also overlap. The petitions are, therefore, heard together and are being disposed of by this common order.2. In Special Civil Application No.5468/06, the petitioner a retired school teacher has challenged an order dated 30^th October, 2004 passed by the Gujarat Secondary Education Tribunal in Appeal No. 263/02 to the extent the same is against the petitioner. The petitioner has also challenged an order dated 1/12/2005 passed by the Government and has further prayed for releasing all the retrial benefits from the date of his retirement.3. In Special Civil Application No.5052/06 the petitioner has challenged the action of the respondent no.6-School Management in not issuing no due certificate to the petitioner on account of which the petitioner has yet not received full pensioner benefits. The petitioner has also prayed for releasing of the leave encashment to the credit of the petitioner.4. Before d...
Hiralal Ugreshwar Trivedi and anr. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Jan-19-2011
1. Land bearing survey No.500/28 of Village Dhandha was declared as Government waste land under the provisions of Bombay merged Territories and Areas (J.A.) Act, 1953 and entry No.4 was mutated. This was challenged by the petitioners and other persons by way of RTS Appeal No.6 of 1965, however, it was dismissed by the Collector on 2-4-1968. When it was carried before the Special Secretary(Appeal) by way of revision, said revision was dismissed on 30-7-1971 directing the Collector to hold inquiry under the provisions of Jagir Abolition Act and then to mutate fresh entry. Thereafter on 11-5-1972, Mamlatdar, Palanpur, held that the petitioners were the permanent holders of the land as they held the same since long and remanded the case. Order dated 11-5-1972 of Mamlatdar was set aside by Deputy Secretary (Appeals) and ordered for a decision afresh. Thereafter, the petitioners were held not entitled for the land under the Jagir Abolition Act by the Mamlatdar vide order dated 30-4-1973 whic...
Sunil @ Tino Popatbhai Kantilal Vaghari. Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-19-2011
1. Rule. Mr.H.L. Jani, learned Additional Public Prosecutor, waives service of Rule on behalf of the respondent-State.2. Present application is filed by the applicant under Section 389 of the Code of Criminal Procedure, 1973 to suspend the sentence imposed upon him vide order dated 31^st December 2010 passed by the learned Principal District and Sessions Judge, Gandhinagar, in Sessions Case No.47 of 2010 by releasing the applicant-accused on bail during the pendency of the appeal.3. The learned Principal District and Sessions Judge, Gandhinagar, by his judgment and order dated 31^st December 2010 convicted the applicant for the offences punishable under Section 380 read with Section 114 of the Indian Penal Code, Section 457 read with Section 114 of the Indian Penal Code and under Section 413 read with section 114 of the Indian Penal Code.4. Heard Mr.H.B. Champavat, learned counsel for the applicant and Mr.H.L. Jani, learned Additional Public Prosecutor for the respondent-State.5. I hav...
Satish Mavjibhai VadherA. Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-19-2011
1. Rule. Learned APP Mr. D.C. Sejpal, waives service of rule on behalf of respondent State.2. The petitioner is original accused in criminal complaint bearing C.R.No.I-16 of 2010 dated 4.3.2010 filed before the Kotdasangani Police Station,District: Rajkot. Initially the FIR was registered for offence punishable under Section 498A, 306 read with section 114 of the Indian Penal Code. Since within 60 days of arrest the investigating agency did not file charge sheet, the petitioner moved the Magistrate for filing application under Section 167(2) of the Criminal Procedure Code seeking default bail. When the said proceedings were pending, on 14.5.2010 the investigating officer filed a report suggesting that there are allegations of dowry demand and of physical and mental torture for such demand. Death occurred within about 1 year of the marriage. Offence of Section 304B of the Indian Penal Code, is, therefore, to be added.3. Primarily, on the ground that by virtue of the addition of the said...
Dinesh Sangram Khatana, Thro' Kailasben Dineshbhai Khatana. vs. State ...
Court: Gujarat
Decided on: Jan-19-2011
1. The applicant convict prisoner, who, vide judgment and order dated 31.3.2006 rendered in Sessions Case No. 93 of 2004 by the learned Additional Sessions Judge, Fast Track Court No.6, Surat, has been convicted for the offence punishable under Section 302 etc. of the Indian Penal Code and sentenced to imprisonment for life, has prayed to enlarge him on temporary bail for a period of 20 days to enable him to perform betrothal ceremony of his son, which is scheduled on 21.1.2011.2. We have considered the submissions advanced by Ms. Jayshree C. Bhatt, learned Advocate for the Applicant convict and Mr.R.C.Kodekar, learned APP for the Respondent State of Gujarat and perused the averments made in the application so also the jail remark sheet submitted by learned APP.3. Upon perusal of the jail remark sheet, we have noticed that the applicant has undergone total period of 7 years, 5 months and 2 days of imprisonment and during the said period he has availed temporary bail on one occasion and...
Maheria Balwantkumar @ Ballu Hiralal Chaturbhai. Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-19-2011
1. RULE2. 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. By filing instant application under Section-5 of the Limitation Act, 1963 ("the Act" for short), the applicant has prayed to condone delay of 301 days caused in filing the above numbered Criminal Appeal.5. Having considered the submissions advanced by Ms. G.R. Vijaylakshmi, learned Advocate for the applicant and Mr. L.B. Dabhi, learned APP for the respondent State of Gujarat and a perusal of the averments made in the application which have remained uncontroverted, and also considering the celebrated principles governing the discretionary exercise of power conferred under Section-5 of the Act so also the reported decisions of the Supreme Court construing Section-5 of the Act liberally, we are satisfied that the applicant has shown sufficient cause for the delay caused in...
State of Gujarat. Vs. Amubhai Pragjibhai Parmar.
Court: Gujarat
Decided on: Jan-19-2011
1. RULE2. Mr. M.R. Prajapati, learned Advocate appears and waives service of notice of Rule on behalf of the respondent accused.3. Having regard to the facts of the case, the application is taken up for hearing today.4. By filing instant application under Section-5 of the Limitation Act, 1963 ("the Act" for short), the applicant State of Gujarat has prayed to condone delay of 22 days caused in filing the above numbered Criminal Appeal.5. Having considered the submissions advanced by Mr. L.B. Dabhi, learned APP for the respondent State of Gujarat and Mr. M.R. Prajapati, learned Advocate for the respondent accused and a perusal of the averments made in the application which have remained uncontroverted, and also considering the celebrated principles governing the discretionary exercise of power conferred under Section-5 of the Act so also the reported decisions of the Supreme Court construing Section-5 of the Act liberally, we are satisfied that the applicant has shown sufficient cause f...
NazimuddIn AzizuddIn Kazi. Vs. ZahiruddIn AzizuddIn Kazi and ors.
Court: Gujarat
Decided on: Jan-19-2011
1. By way of this petition, the petitioner has prayed to quash and set aside the impugned order passed by the learned Principal Senior Civil Judge, Godhra, Panchmahals, below application at Exh. 531 filed in Regular Civil Suit No. 40/67 dated 03.01.2009, whereby the said application was rejected.2. The short facts of the case are that the original plaintiff Nayimullah Javadullah Kazi, initially had instituted Regular Civil Suit No. 40/1967, before the Court of learned Civil Judge (SD) Godhra. In the said suit, the trial Court passed a preliminary decree dated 30.04.1983 and also appointed a Court Commissioner to prepare the report as mentioned in the order. Said Nayimullah expired in the year 1996. After his death, several persons approached the trial Court claiming to be successors, legal heirs and representatives of the deceased Nayimullah. However, the application at Exh. 464, wherein it was mentioned that persons who had preferred applications at Exhibits. 383, 388, 389, 390, 391, ...
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