Gujarat Court May 2012 Judgments

K.S. Engineers and Contractors Vs. Asstt. Provident Fund Commissioner ...

Court: Gujarat

Reported in: 2012(3)LLN616

ORAL JUDGMENT D.H. WAGHELA 1. The petitioner is aggrieved by an order passed in Special Civil Application No.4088 of 2012 vide which his petition against the orders passed by the Assistant Provident Fund Commissioner, dated 05.09.2008 and 16.10.2008 and further order dated 25.01.2011 passed by the Presiding Officer, EPFAT in ATA No.901(5)(2008), has been dismissed. 2. The petitioner is a propriety concern undertaking contract from Indian Oil Corporation. In the proceeding initiated under Section-7A of the Employees Provident Fund and Miscellaneous Provisions Act, 1952(hereinafter referred to as the 'PF Act'), the petitioner has been found liable to pay a sum of Rs.7,20,932/- towards the outstanding provident fund for the period from October, 1997 to March, 2003. As his appeal as well as Special Civil Application preferred before the learned Single Judge of this Court have been dismissed, the petitioner has approached this Court by way of present Letters Patent Appeal. 3. The learned Co...

Rameshbhai Mathurbhai Pateliya Vs. State of Gujarat and Others

Court: Gujarat

J.B. Pardiwala, J. 1. This appeal is at the instance of the original petitioner and is directed against the judgment and order passed by the learned Single Judge dated 07.04.2010 in Special Civil Application No.2902 of 2010 and thereby His Lordship has rejected the writ petition and confirmed the order dated 30th July, 2009 passed by respondent No.2 holding and declaring that the appellant – original petitioner does not belong to Scheduled Tribe community and the caste certificate issued by the District Social Welfare Officer, District Panchayat, Godhra was not a genuine certificate. 2. Facts giving rise to this appeal may be summarized thus : 2.1 The petitioner is serving as a constable in Central Industrial Security Force ('CISF' for short). He was appointed in the year 1998 and is presently posted at Assam. It appears that in response to a letter dated 18.01.2006 addressed by Assistant Inspector General, CISF, HQ Delhi with regard to the caste certificate of the petitioner, th...

Jagatsinh Rghusinh Mohan Makwana Vs. District Magistrate and Others

Court: Gujarat

ORAL 1. This petition is directed against the order of detention dated 04.01.2012 passed by respondent No.1, in exercise of powers conferred under Section 3(1)/3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 (in short “the Act”) by detaining the detenue as a “bootlegger” as defined under Section 2(b) of the Act. 2. Learned Advocate for the detenue submits that registration of the FIR's itself cannot lead to disturbance of even tempo of public life and therefore the public order. She further submits that, except the FIR's registered under the Bombay Prohibition Act, there was no other material before the detaining authority whereby it could be inferred reasonably that the detenue is a 'bootlegger' within the meaning of Section 2(b) of the Act and required to be detained as the detenue's activities are prejudicial to the maintenance of public health and public order. In support of the above submission, learned Counsel for the detenue has placed...

Oriental Insurance Co. Ltd Vs. Bharat Muljibhai Patel and Others

Court: Gujarat

ORAL JUDGMENT 1. By way of this appeal, the appellant-Insurance Company has challenged the judgement and award dated 19.02.2005, passed by the Motor Accident Claims Tribunal(Auxi.III), Surendranagar, in M.A.C.P. No.615 of 1997, whereby the tribunal has awarded compensation in the sum of Rs.5,06,000/- to the claimants with interest at the rate of 9% from the date of filing of the petition till realization. 2. The brief facts leading to filing of this appeal are that one Kantibhai Arjanbhai Thakor, was working as Cleaner in a Tanker bearing registration No. GTO 2559. On 04.06.1996 the said tanker was collided with a truck bearing registration No. GJ 12 U 8735. As a result of the said accident, Kantibhai Arjanbhai Thakor sustained grievous injuries, therefore, he filed claim petition filed before the Tribunal for compensation. The Tribunal, by impugned award, partly allowed the claim petitions and attributed the negligence on the part of the driver of the tanker to the extent of 30% and t...

Chhipa Mohamadsharif Suleman Khedawala Vs. Chhipa Faridahmed Suleman K ...

Court: Gujarat

ORAL JUDGMENT 1. The present First Appeal has been filed by the Appellant – Original Defendant No.2 being aggrieved with the impugned judgment and order passed by the City Civil and Sessions Court, Ahmedabad in Civil Suit No. 3782 of 1987 dated 10.8.1998 on the grounds stated in the memo of Appeal inter alia that the Trial Court has erred in appreciating that the father of the second Defendant had taken all the necessary steps for mutation of the name in the property register as well as in the Municipal records and it should have been taken as sufficient proof of handing over the possession. It is also contended that the Trial Court has erred in not appreciating that the possession of land in respect of the gift is under the Mohmmedan Law. It is therefore contended that the Appeal may be allowed. 2. Heard learned Advocate Shri Hemang Raval for the Appellant and Shri S.K.Bukhari for the Respondents. 3. Learned Advocate Shri Hemang Raval submitted that the Court below has failed to...

Bhikhabhai Alias Bakabhai Dahyabhai Thakarda Vs. Abdulbhai Tajubhai Sa ...

Court: Gujarat

ORAL JUDGMENT 1.0 This appeal is directed against the judgement and award dated 8th August 2003 passed by learned Motor Accident Claims Tribunal, Sabarkantha at Himmatnagar, in Motor Accident Claim Petition No.649/1993 whereby the Tribunal has awarded a sum of Rs.10000/- along with interest at the rate of 9% per annum. 2.0 On 18th July 1993 one minor Rakeshkumar and his friends were walking in the sim of village Bakarpura. At that time an S.T. Bus came from Vadali side and dashed with Rakeshkumar who sustained serious injuries. Ultimately he succumbed to the injuries and therefore the the claimants filed the aforesaid claim petition wherein the aforesaid award came to be passed. The appeal is for enhancement of compensation. 3.0 Heard the learned Advocate for the appellants at length. 4.0. As a result of hearing and perusal of the record it is found that the accident had occurred on 18th July 1993 and the minor Rakeshbhai expired on 11th June 1994. Thus, he died practically after eleve...

Hasnraj @ Babu Rameshbhai Sagathiya Through His Uncle Vs. State of Guj ...

Court: Gujarat

ORAL JUDGMENT 1. By filing present petition the petitioner, under Article 226 of the Constitution of India, the petitioner has prayed to quash and set aside the order of detention dated 21.01.2012 passed, against the petitioner, by the respondent No.2 – the Police Commissioner, Rajkot City, in exercise of power under sub-section (2) of Section 3 of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short “PASA Act”). The detenu is branded as “dangerous person”. 2. Heard the learned Advocate for the petitioner and learned AGP Mr.Rindani for the respondents. 3. The detenu came to be detained as “dangerous person” on his involvement in the offences being (i) CR No.I-14 of 2012 before A-Div.Police Station, Rajkot. 4. It has been submitted by the learned Counsel for the petitioner that the allegations made against the detenu are not correct; that the material collected by the detaining authority and looking to the statement recorded by ...

State of Gujarat and Another Vs. B M Patel and Bros and Another

Court: Gujarat

ORAL JUDGMENT AKIL KURESHI, J. 1. These appeals arise out of a common order passed by the learned Judge of the City Civil Court, Ahmedabad on 30.11.1988 passed in C.M.A. No.13/1988, 553/1987 and 884/1988. Such proceedings arose out of an award dated 27.8.1987. 2. Brief facts may be noted from First Appeal No.75/1990. 2.1 This appeal is filed by the State Government and the Executive Engineer, Ahmedabad Irrigation Department. Appellants and the respondents entered into a work contract dated 30.7.1984 for execution of work of part modernisation of Nani Fatewadi Canal. Item no.1 of the work entrusted to the contractors involved excavation. The agreement provided for payment of such work at the rate of Rs.4/- per cubic meter. The agreement also provided for escalation as may be agreed between the parties in case the quantity of such work specified in the agreement exceeded by a margin of more than 30%. Since admittedly the work of excavation specified in item no.1 exceeded by a margin beyo...

Bhikhaji S/O Jiviben Somaji Thakore Vs. Special Land Acquisition Offic ...

Court: Gujarat

COMMON ORAL JUDGMENT 1. The present group of First Appeals have been filed by the original claimants being aggrieved and dissatisfied with the judgment and award passed by the Learned Principal Senior Civil Judge, Gandhinagar in Land Acquisition Reference Nos.610 to 612 and 613 to 615 of 2009 dated 16.04.2009 on the grounds stated in the memo of Appeals. 2. The facts of the case briefly stated are that the land of the original claimants situated in the sim of Village : Jethlaj, Taluka : Kalol, District : Gandhinagar have been acquired for the purpose of Drilling Site No.S.A.E.S. after issuing notice under Sections 4 and 6 of the Land Acquisition Act dated 01.03.2000 and 06.06.2001 respectively. After completing the procedure, the Special Land Acquisition Officer awarded compensation at the rate of Rs.24/- per sq.mtrs. for the acquired land. Therefore, the original claimants have preferred Reference under Section 18 of the Act for enhancement of the compensation as they had already pray...

Pappu @ Gendiya Nagiya Salavat(Kanjar)and Another Vs. State of Gujarat

Court: Gujarat

ORAL JUDGMENT 1. The appellants – original accused have filed this Criminal Appeal against the Judgment and order dated 31.12.2008 passed by the learned Principal Sessions Judge, Bharuch, in Sessions Case No. 64 of 2008, whereby the learned Sessions Judge has held the appellants – accused guilty of the offence punishable under Section 395 of I.P. Code and sentenced them to suffer rigorous imprisonment of 7 (seven) years and to pay a fine of Rs.1000/- each and i/d to further undergo simple imprisonment of 6 (six) months. 2. It is the case of the prosecution that on the date of incident i.e. on 17.10.2008 in the midnight when the complainant came to his house at that time his parents were sleeping on the terrace and his wife Madhuben and daughter were sleeping on the Osari. It is alleged that at about 3.00 AM the wife of the complainant made hue and cry and on being asked, she has informed the complainant that about 2 to 3 unknown persons have looted her golden ornaments. The...