Gujarat Court December 2012 Judgments
Shantaben Ranchhodbhai Patel Vs. Gujarat Urja Vikas Nigam Ltd. and Ano ...
Court: Gujarat
Decided on: Dec-26-2012
Oral Judgment: 1. Leave to correct the title of respondent no.1 as now Dakshin Gujarat Vij Company Ltd., through Deputy Engineer, Sub-Division Pandesara, District Surat. 2. The present petition has been preferred by the petitioner for challenging the legality and validity of the order passed by the appellate committee and the revised bill issued pursuant thereto by the respondent Electricity Board, now Dakshin Gujarat Vij Company Ltd. 3. The short facts are that the petitioner was having electricity connection of consumer category no.05204/01010/6. On 22.06.2002, the officers of the respondent Board visited the unit of the petitioner and inspected the electrical installment and it was found that the seals of the meter body were not at place where they were supposed to be, but they were lying down. Thereafter, the report was made and the meter was sent for laboratory testing. As per the report dated 08.07.2002 (Annexure-B), it was found that the seals were broken on account of rusting a...
Tag this Judgment!Gujarat State Road Transport Corporation Vs. Dilipsinh Devebha Zala
Court: Gujarat
Decided on: Dec-14-2012
G.B. Shah, J. 1. This Letters Patent Appeal has been filed challenging the judgment and order dated 18.2.2009 passed by the learned Single Judge in Special Civil Application No. 28936 of 2007. 2. We have heard Mr Hardik C Rawal, learned counsel for the appellant and Mr T.L. Sheth, learned counsel for the respondent.The respondent-workman Dilipsinh Devubha Zala was serving as a driver with the appellant. A charge sheet was issued to the respondent for remaining absent without prior permission from 01.2.1981 to 04.4.1981. After holding departmental inquiry as per the rules of the appellant-Gujarat State Road Transport Corporation (for short, the Corporation), the respondent was dismissed from service by order dated 25.6.1981. The respondent raised industrial dispute and challenged the above order after a delay of more than 12 years which was numbered as Reference LCR No. 6 of 2007. The said Reference was partly allowed by the Labour Court with a direction to reinstate the workman on his ...
Tag this Judgment!Bipinchandra G. Chockshi and Others Vs. State of Gujarat and Others
Court: Gujarat
Decided on: Dec-06-2012
M.R. Shah, J. 1. Present Letters Patent Appeal under Clause 15 of the Letters Patent has been preferred by the appellant herein original petitioners of Special Civil Application No.3716 of 1995 challenging the impugned judgment and order dated 27.02.1997 passed in Special Civil Application No.3716 of 1995 [which is reported in 1997(2) GLR 1595] by which the learned single Judge has dismissed the said Special Civil Application in which the appellants herein original petitioners challenged the order of detention dated 11.06.1976 (Annexure A to the main petition) passed by the State Government to detain the appellant No.1 herein original petitioner No.1 under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 [hereinafter referred to as COFEPOSA] and also to quash and set aside the declaration dated 11.06.1976 issued under Section 12-A of the COFEPOSA and also the notices issued under Section 6(1) of the Smugglers and Foreign Exchange M...
Tag this Judgment!ishwarbhai Sanabhai Nayi (Barber) Vs. State of Gujarat and Another
Court: Gujarat
Decided on: Dec-06-2012
Oral Judgment: 1. The incident has occurred on 21/10/2005. In the incident Parulben had committed suicide at her home. The complainant is the father of the deceased. The story of the prosecution is that the deceased was in love with one Raju @ Rajnikant Govindbhai Rohit. On the previous day to the date of incident, Raju has refused to marry the deceased and as per say of the prosecution, this had led the deceased to commit suiside. 2. The prosecution has examined following Nine witnesses:- P.W.1 Ex-7 Ishwarbhai Shanabhai Nai Complainant father of the deceased. P.W.2 Ex-10 Jayaben Ishwarbhai Nai Mother of the deceased. P.W.3 Ex-11 Praveenaben Ishwarbhai Nai Sister of the deceased. P.W.4 Ex-15 Dahyabhai Chaturbhai Harijan Sarpanch of Bhayli village. P.W.5 Ex-17 Dinkarbhai Anandrao Patil Panch Witness- Scene of offence. P.W.6 Ex-19 Dr. Ashok Krishnalal Mahajan Dr. conducting Autopsy P.W.7 Ex-21 Rasiklal Narayanbhai Guna Hand-writing expert. P.W.8 Ex-25 Naginbhai Devjibhai Vasawa Investig...
Tag this Judgment!Rameshbhai Nathubhai Solanki Vs. Rajkot Municipal Co. Through Registra ...
Court: Gujarat
Decided on: Dec-05-2012
Oral Judgment: Z.K. Saiyed, J. 1. The present petition has been filed by the petitioner under Articles 14 and 226 of the Constitution of India as well as under the provisions of the Registration of Birth and Deaths Registration Act, 1969 and under the provisions of the Gujarat Registration of Births Deaths Rules, 2004 seeking prayer of directing the respondents to replace the names of the petitioner and his wife (adoptive parents) instead of original parents in the birth certificate issued by the respondents Authorities. 2. The facts of the case briefly stated are that the petitioner is an adoptive father of a child namely Jaydeep and he made an application on 13.5.2011 to the respondent No. 1 Corporation for making necessary changes in the birth certificate by giving the details of adoptive parents and residential address of adoptive parents. It is required to be mentioned that the petitioner and his wife had no issue for long lapse of years of their marriage and therefore, they decid...
Tag this Judgment!Hussainbeg Hayatbeg Mirza and Others Vs. State of Gujarat and Another
Court: Gujarat
Decided on: Dec-05-2012
1. In present application preferred under Section 482 of Code of Criminal Procedure, the applicants have prayed, inter alia, that: (a) YOUR LORDSHIPS may be pleased to quash and set aside Criminal Complaint being FIR No.I-164 of 2012 registered with Olpad Police Station dated 15.10.2012; (b) Pending admission and final hearing of this petition, YOUR LORDSHIPS may be pleased to stay further investigation in respect to Criminal Complaint being FIR No.I-164 of 2012 registered with Olpad Police Station dated 15.10.2012. 2. The applicants claim that the criminal complaint being FIR No.I-164/2012 registered with Olpad Police Station may be quashed. This application was posted for hearing on 29th November 2012 when Mr. Kanojiya, learned counsel for petitioner was heard at length. However, due to paucity of time, the order could not be dictated on 29th November 2012. Therefore, the petition was, for the said purpose, adjourned to today. Present order is passed having regard to the submissions ...
Tag this Judgment!Sanjay Balvantrai Desai and Another Vs. DakshIn Gujarat Vij Company Lt ...
Court: Gujarat
Decided on: Dec-03-2012
Bhaskar Bhattacharya, CJ: 1. By this Special Civil Application, the writ-petitioner has prayed for appropriate writ, order or direction, declaring Clause No. 4.1.11 of Gujarat Electricity Regulatory Commission [Electricity Supply Code and Related Matters] [Third Amendment] Regulations, 2010 [the Regulations], published vide the Notification No. 6/10 dated August 20, 2010, to be inconsistent and ultra vires the provisions of Electricity Act, 2003 [the Act] and to quash and set aside the said Clause. The petitioner has also prayed for a declaration that the action of the respondent authorities in directing the petitioner to pay up the dues of M/s. Arunesh Processors Pvt. Ltd. and till then, not to grant the electricity connection to the petitioner is bad, illegal, arbitrary and violative of Article 14 of the Constitution of India and for a direction upon the respondent authorities to refund the amount of Rs. 17,16,255/- deposited by the petitioner vide Annexure:J, with interest, with fur...
Tag this Judgment!Torrent Power Limited Vs. Abhisar Developers and Others
Court: Gujarat
Decided on: Dec-03-2012
Bhaskar Bhattacharya, CJ. 1. These matters have been referred to a Larger Bench by a Division Bench presided over by the then the Chief Justice by order dated 1st August 2011 as Their Lordships were of the view that having regard to the provisions contained in Sections 43 and 45 of the Electricity Act, 2003 [the Act, hereafter], the judgment rendered by a Division Bench of this Court in the case of TORRENT POWER vs. SHREEJI COMM. CO-OP. HO. SO. reported in 2006 [3] GLR 1944 requires reconsideration. 2. The facts giving rise to the filing of these Letters Patent Appeals are almost identical. However, for the purpose of discussion of the facts, the LPA No. 2240 of 2010 is taken as the lead matter, and the facts may be summed up thus: 2.1 The appellant, Torrent Power Limited, granted electric connection bearing Service No. HT-19 in the name of M/s. New Gujarat Synthetic Mills Co. Limited. The said service was disconnected on 12th September 1986 due to non-payment of electrical energy char...
Tag this Judgment!Kiran Kantibhai Raval Vs. State of Gujarat
Court: Gujarat
Decided on: Dec-03-2012
Oral Judgment: 1. Rule. Mr.L.R. Pujari, learned Additional Public Prosecutor, waives service of notice of Rule on behalf of respondent-State. 2. Learned Sessions Judge, Visnagar has rejected application Exhibit 48 by order dated 04th October, 2012 filed by the original accused, for recalling of the witness under Section 311 of the Code of Criminal Procedure, 1973. The present Criminal Revision Application is directed against the said order. 3. The facts involved in the case are that First Information Report was registered on 09th February, 2012 upon complaint by one Jayantibhai Manabhai against the applicant accused for the offences under Section 363 and 366 of the Indian Penal Code, 1860. As per the said complaint, the complainant with his wife, son and daughter Aarti aged 15 years, had gone to religious ceremony at Jain Temple in their village on 06th February, 2012 and having taken meals there, returned to their house. Therefore, the complainant went to labour work of colouring in t...
Tag this Judgment!Costal Gujarat Power Limited Vs. Chief Controlling Revenue Authority a ...
Court: Gujarat
Decided on: Dec-03-2012
Cav Judgment: Bhaskar Bhattacharya, C.J. 1. This is a Reference under Section 54[1-A] of the Gujarat Stamp Act, 1958 (Act), which has been made by the Chief Controlling Revenue Authority, Gujarat State, Gandhinagar, in which this Bench has permitted the respondents no. 2 to 4 to appear as interveners vide order dated September 12, 2012 passed in OJ CA Nos. 227 of 2012 and 273 of 2012. 2. The brief facts of the case leading to the presentation of this Reference may be summed up thus: 2.1 The petitioner needed financial assistance for setting up an Ultra Mega Power Project in the area of Kutch-Bhuj and for that purpose, it secured assistance from few lenders. The lenders, thirteen in number, formed a consortium as a trust and executed a security trustee agreement inter se appointing one banker, viz. the State Bank of India, as a lead trustee, called, the security trustee. The duties of the security trustee are carved out in the said agreement of security trustees. The petitioner executed...
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