Gujarat Court April 2012 Judgments

Kalol Taluka Sales and Purchase Union Ltd Vs. State of Gujarat and Oth ...

Court: Gujarat

A.J. DESAI, J. 1. This intra-court appeal is arising from the Order dated 8.9.2010 passed in Special Civil Application No.6360 of 2010 by which the petition filed by the present appellant challenging the action of the respondent No.2–Bank of selling the properties in auction without following the procedure prescribed under the Gujarat Cooperative Societies Rules, 1965 (hereinafter referred to as “the Rules” for short) was dismissed by the learned Single Judge. 2. Brief facts arising from the record of the case are as under: 2.1 That the respondent No.2 i.e. Panchmahal District Central Cooperative Bank Limited which is a cooperative bank, registered under the provisions of the Gujarat Cooperative Societies Act, 1961 (hereinafter referred to as “The Act” for short) and it is a district level financial institution. The appellant–petitioner is also a society registered under the said Act and is functioning for the member primary societies/farmer members ...

State Bank of Patiala Vs. Rajeev Kumar

Court: Gujarat

Reported in: 2012(3)LLN606

CAV JUDGMENT MOHINDER PAL 1. This Letters Patent Appeal is at the instance of the appellant – State Bank of Patiala against the decision of the learned Single Judge by which the appeal against the departmental inquiry and subsequent proceedings against the respondent – Rajeev Kumar (“the delinquent” for short) has been allowed and the impugned order dated 6.8.1987 imposing penalty of dismissal against the delinquent confirmed in the appeal and revision has been quashed and set aside. The delinquent has been further held entitled to be continued in service till the age of superannuation with all consequential benefits. It has been, however, ordered that the salary and other allowances for the period during which the delinquent remained out of job, he shall be entitled to only 50% of such monetary benefits (back wages) from the date of the order of dismissal from service till the date of superannuation. The appellant bank was directed to pay arrears and consequent...

Rajrani Omprakash Shukla and Another Vs. Director Employees' State Ins ...

Court: Gujarat

Reported in: 2012(3)LLN613

ORAL JUDGMENT 1. The present First Appeal arises out of the judgment and order passed in ESI Application No.5 of 2003 by the ESI Court, Ahmedabad dated 23.9.2011, by which the application of the Appellants has been rejected on the ground of jurisdiction. 2. The facts of the case are that the deceased workman Ashokbhai Omprakash Shukla was working with Bata India Limited at Madhya Pradesh (Indore) and he died during the course of treatment at Ahmedabad. Therefore the Appellants, who are the mother and sister, filed an application for compensation under the Employees' State Insurance Act, 1948 (hereinafter referred to as “the ESI Act”). After considering the material and evidence, as stated in the impugned judgment, the ESI Court at Ahmedabad has rejected the application on the ground of jurisdiction, which is assailed in the present First Appeal on the grounds stated in the application. 3. Heard learned Senior Counsel Shri K.M.Patel appearing with learned Advocate Shri Jigar...

Ramesh Bhai Atmaram Vaghela Vs. the State of Gujarat and Another

Court: Gujarat

A.L. DAVE In Sessions Case No.130 of 2000 before City Sessions Court, Ahmedabad, eight persons were arraigned as accused who have been charged with offence punishable under Sections 143, 148, 302 r/w 149, 326 r/w 149, 324 r/w 149 of the Indian Penal Code and under Section 135 of the Bombay Police Act. The trial Court after recording the evidence acquitted A-3-Amit Ramesh Vaghela, A-5-Champaben w/o., Fatehsinh Solanki, A-7-Sumanben @ Sumitraben Jayantibhai Vaghela and A-8-Rekhaben Rameshbhai Vaghela. One of the suspects, Natvar Atmaram was absconding at the time of trial. The trial Court convicted A-1-Ramesh Atmaram Vaghela and A-2-Jayantibhai Atmaram Vaghela for offence of murder punishable under Section 302 r/w 34 of the IPC. Whereas, A-4 has been convicted for offence punishable under Section 326 of IPC and sentenced to undergo two years and six months SI and to pay a fine of Rs.5,000/- in default to undergo one month SI. Therefore, A-1 and A-2 preferred Criminal Appeal No.176 of 200...

Rajkot District Panchayat and Another Vs. M/S. Vasoya Construction Co ...

Court: Gujarat

Oral Judgment: 1. The present application has been filed under sec. 5 of the Limitation Act, 1963 for condonation of delay of 51 days caused in filing the First Appeal on the grounds stated in the application, inter alia, that the local advocate had addressed the letter informing him about the dismissal of the suit and thereafter it was sent to the Dy. Executive Engineer who consulted the Executive Engineer and after consulting the advocate the appeal was preferred which consumed time resulting in delay of 51 days. 2. Heard learned advocate Mr. H.S. Munshaw for the applicants-panchayat and learned advocate Mr. S.M. Shah for respondent No.1-contractor as well as for respondents Nos. 2, 4 and 6. 3. Learned advocate Mr. Munshaw submitted that the panchayat is a local body which has to follow the procedure and it takes sometime in moving the files for administrative reasons. He submitted that the Hon'ble Apex Court has made observations with regard to adopting a liberal approach in such ma...