Gujarat Court January 2011 Judgments
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National Insurance Company. Vs. Jashbhai Maganbhai Parekh and anr.
Court: Gujarat
Decided on: Jan-28-2011
1. The present First Appeal arises out of the impugned judgement and award dated 08/07/2010 passed by learned Motor Accident Claims Tribunal (Main), Anand in in Motor Accident Claim Petition No.32/2007 awarding Rs.25,000/- to the original claimant by way of interim compensation under Section 140 of the Motor Vehicles Act for "No Fault Liability".2. Having heard learned advocate appearing on behalf of the appellant - original Opponent No.2 and as the impugned order is passed under Section 140 of the Motor Vehicles Act, by which, the Tribunal has awarded interim compensation under Section 140 of the Motor Vehicles Act, the present appeal 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...
Natubhai Nanjibhai SutariyA. Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-28-2011
Learned advocate Ms.Manisha Lavkumar appearing for respondent no.2 i.e. The Chief Engineer, The Gujarat Energy Transmission Corporation Limited (GETCO), invited attention of the Court to an affidavit filed by one Bharatkumar J.Ramdevputra, E.E.Construction, GETCO, Amreli, and submitted that the petition suffers from the vice of suppression of material facts and, therefore, only on that short ground exercising of discretionary power under Article 226 of the Constitution of India be denied in favour of the petitioner.2. In paragraph 8 of the affidavit-in-reply, it is stated that, "..It is respectfully submitted that the petitioner at the outset, ought to have mentioned in the petition that he has approached the learned Principal Judge at Ghogha by way of filing a Civil Suit and that the interim application below Exh.5 has been rejected. Having failed to do so, the present petition suffers from the vice of suppression of material facts. 3. The Honourable Court was pleased to issue notice ...
Vishnu @ Gabbar Prahaladbhai Dantani. Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-28-2011
1. Rule. Learned APP Mr.L.R.Pujari appears and waives service of notice of Rule on behalf of respondent State of Gujarat.2. This application is filed by the applicant-convict praying for to release him on bail during the hearing and final disposal of appeal. The applicant-convict has been convicted under Sections 380, 413, 457 read with Section 114 of the Indian Penal Code and three years sentenced was awarded by the trial court. During the trial he was released on bail, and after delivering the judgment also the applicant-convict was released on bail and sentence was suspended by the trial court. Learned advocate Mr.Champaneri for the applicant-convict has submitted that the fine is also paid by the applicant-convict.3. In view of the above, this application is allowed. The applicant-convict is ordered to be released on bail on his executing a personal bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the lower Court and subject to the conditions that he sh...
Jaytubhai 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. Y.J. Patel 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 left wrist 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 applic...
Kantaben Vestabhai Gamit. Vs. State of Gujarat Through Secretary and a ...
Court: Gujarat
Decided on: Jan-28-2011
1. This petition, under Article 226 of the Constitution of India, has been filed with the following prayers:-"10) The petitioner, therefore, prays that this Hon'ble Court may be pleased to issue a writ of mandamus or any other writ, order or direction:A) Directing the Respondents to apply the judgment dt.6.8.1999 passed in Special Civil Application no.8181 of 1998 and judgment dt. 18.2.2010 passed in Special Civil Application No.324 of 2010 and in the case of the petitioner and grant 1^st higher grade scale to the petitioner from 24.7.1988. i.e. after completion of 9 years of service from the date of appointment and grant her consequential benefits and further revise her retirement benefits accordingly.B) During the pendency and final disposal of this petition, the Respondents may be directed to reconsider the case of the petitioner for grant of higher grade scale w.e.f. 24.7.1988 in light of the judgment dt.18.2.2010 passed in Special Civil Application No.324 of 2010.C) To grant such ...
Patel Baldevbhai Jivabhai. Vs. Sundarpur Gram Panchayat Through Sarpan ...
Court: Gujarat
Decided on: Jan-28-2011
1. By way of this petition, the petitioner has prayed to quash and set aside the order dated 30.07.2010 passed by the learned Additional District Judge, Mehsana below application at Exhibit-10 filed in Civil Misc. Appeal No. 29 of 2010, whereby the said application was rejected.2. The facts in brief are that the petitioner-original plaintiff had preferred Regular Civil Suit No. 52 of 2008 before the Court of learned Additional Civil Judge, Vijapur, praying for declaration and permanent injunction against the suit property. 3. It is the case of the petitioner that along with the plaint, the petitioner had also preferred application below Exhibit-5 for interim injunction, which came to rejected by the trial Court. Thereafter, the petitioner preferred Civil Misc. Appeal No. 29 of 2010 before the learned District Judge, Mehsana along with application below Exhibit-10 for production of additional evidence. The appellate Court vide order dated 30.07.2010 rejected the said application. Hence,...
Vishnu @ Gabbar Prahaladbhai Dantani,. Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-28-2011
1. Rule. Learned APP Mr.L.R.Pujari appears and waives service of notice of Rule on behalf of respondent State of Gujarat.2. This application is filed by the applicant-convict praying for to release him on bail during the hearing and final disposal of appeal. The applicant-convict has been convicted under Sections 380, 413, 457 read with Section 114 of the Indian Penal Code and three years sentenced was awarded by the trial court. During the trial he was released on bail, and after delivering the judgment also the applicant-convict was released on bail and sentence was suspended by the trial court. Learned advocate Mr.Champaneri for the applicant-convict has submitted that the fine is also paid by the applicant-convict.3. In view of the above, this application is allowed. The applicant-convict is ordered to be released on bail on his executing a personal bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the lower Court and subject to the conditions that he sh...
Titu Alias Saroj Babu Alias Ram Sanjay PatrA. Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-28-2011
1. Rule.2. This application is filed under Section 439 of the Code of Criminal Procedure in connection with first information report registered at CR No.I-135 of 2010 with Chowk Bazar Police Station, Surat, for the offences punishable under Sections 394, 452, 188 and 114 of the Indian Penal Code.3. Learned counsel appearing for the applicant submits that the allegations against the applicant are to the extent that the applicant had inflicted minor injury on the shoulder of the injured and committed robbery. It is further submitted that charge-sheet is filed and investigation is over and there is no antecedent, considering the nature of evidence, role attributed to the applicant and punishment prescribed, this application for bail may kindly be considered.4. Having heard learned counsel for the applicant and perusing the record of the case and taking into consideration the above facts and that charge sheet is filed, I am inclined to enlarge the applicant on bail.5. In the facts and circ...
Kalpesh Sumatibhai Shah and ors. Vs. Pallav Vimalbhai Shah and ors.
Court: Gujarat
Decided on: Jan-28-2011
1. Petitioners seek appointment of an Arbitrator to resolve the disputes between the petitioners and the respondents, in terms of Arbitration Clause contained in the partnership agreement between the parties.2. Learned Counsel for the petitioners drew my attention to Clause-18 of the Partnership Agreement, which provides for disputes resolving mechanism and reads thus:"18. All disputes and questions whatsoever which shall arise during the continuance of the Partnership or thereafter between the partners or their respective representatives concerning this indenture or the construction or application thereof or any clause or thing therein contained on any account, valuation, division of assets, debts and liabilities to be made hereunder or to any other affairs thereof or the rights duties or liabilities of any person hereunder agree upon one or if not to two Arbitrator/s to be appointed by the parties to the dispute of difference in accordance with and subject to the provisions of the In...
Brigbhushan Ramkeval Pande. Vs. Org Systems Limited and anr.
Court: Gujarat
Decided on: Jan-28-2011
1. The present appeal arises against the order dated 12.08.2010 passed by the learned single Judge of this Court in Special Civil Application No.10677 of 2000 whereby the learned single Judge allowed the petition and has set-aside the award passed by the Labour Court.2. Heard Mr.Songara, learned counsel for the appellant.3. The contention raised on behalf of the petitioner appellant is that the learned single Judge has not dealt with the aspect as to how the finding of the Labour Court on the aspect that the workman was the employee of respondent No.1 company was perverse is not properly recorded. It was submitted that the Labour Court after appreciating the evidence had found that in reality, the workman was the employee of respondent No.1 company and, therefore, the reinstatement was ordered. Learned counsel for the appellant submitted that the finding of the Labour Court ought not to have upset by this Court under Article 226/227 of the Constitution, hence the appeal.4. It is true t...
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