Gujarat Court February 2013 Judgments
Bhagora Manjibhai Ramjibhai Vs. Registrar, Co-op. Societies and Anothe ...
Court: Gujarat
Decided on: Feb-28-2013
1. Heard Mr. S.V. Parmar learned advocate for the petitioner and Mr. Ronak Raval learned Assistant Government Pleader, for the State authorities. 2. The challenge in this petition is to the order dated 28.8.1995, whereby the service of the petitioner is terminated for not passing the departmental examination, which was necessary for being retained in service, as per Rules. 3. The petitioner was appointed by the Registrar of Co-operative Societies, Gujarat State, vide order dated 16.2.1991, on the post of Auditor Grade-II in the pay scale of Rs. 1400-2600, then prevailing, on probation for a period of two years. One of the conditions prescribed in the appointment order was that the petitioner was to pass the examination of the Government Diploma in Co-operation and Accountancy (G.D.C.and A. for short), within a period of two years and in three trials. It was also stipulated in the appointment order itself that, in the event, the petitioner fails to pass the said examination accordingly,...
Tag this Judgment!M/s. Kishor M. Samani Thro' Partner Kishore M. Samani Vs. State of Guj ...
Court: Gujarat
Decided on: Feb-25-2013
Oral Judgment: 1. The petitioner has filed this petition under Article 226 of the Constitution of India with a prayer to quash and set aside the order dated 4.4.2000 passed by the learned Gujarat Public Works Contracts Disputes Arbitration Tribunal at Ahmedabad in Arbitration Reference No.88 of 1999 and for direction to the learned Tribunal to take up and decide the Arbitration Reference on merit. 2. Heard Mr.Nalin K. Thakker, learned advocate for the petitioner and Ms.Dilbar Contractor, learned advocate appearing with Mr.P.R.Nanavati, learned advocate for the respondent Board. 3. Mr.Nalin K. Thakker, learned advocate for the petitioner has submitted that due to cyclone Old Western breakwater was damaged during monsoon in June, 1997. The masonary parapet wall of old western breakwater was damaged in the length of about 100 meter and slab was also damaged, along with some curbing portion admeasuring about 60 meters. The tender for special repairs and strengthening of old western Breakwa...
Tag this Judgment!Vinubhai Najibhai Chavda Vs. Maheshkumar Ramchandra Raval
Court: Gujarat
Decided on: Feb-20-2013
1. This appeal under Section 100 of the Code of Civil Procedure is at the instance of the original plaintiff who had filed Special Civil Suit No. 74 of 1999 against the respondent original defendant for recovery of Rs.1,08,009.00 and for rendition of accounts of unregistered oral partnership between the parties. It is the case of the plaintiff that the plaintiff and the defendant decided to purchase one truck belonging to Shri Dipakkumar Himatlal Shah and to do the business of transportation with the said truck in partnership and agreed to equal share in the business of partnership. It is further case of the plaintiff that on 4.9.1998, the plaintiff paid Rs.75,000.00 in cash to the defendant for purchase of the truck and thereafter, paid further amount of Rs.17,000.00. Thus, in all, the plaintiff paid Rs.92,000.00 and the truck was purchased from said Shri Dipakkumar Himatlal Shah. That the value of the truck was fixed at Rs.3,21,000.00, out of which, the plaintiff paid Rs.92,000.00 an...
Tag this Judgment!Dolatram Tekchand Harjani Vs. State of Gujarat and Another
Court: Gujarat
Decided on: Feb-14-2013
Cav Judgment: 1. The petitioner, who is, according to the submission by learned APP, absconding and despite efforts by the investigation officer, has not been available for investigation process/for recording statement, has taken out present petition under Section 482 of the Code of Criminal Procedure, 1973 claiming that the investigation in the matter of alleged offence under Sections 307, 120B of Indian Penal Code and Sections 25(1)A and (b) and 27(1) of Arms Act may be stopped and terminated/quashed by exercising power under Section 482 of the Code. It is prayed, inter alia, that: 6(i) that Your Lordships be pleased to quash and set aside the FIR registered at DCB Police Station, Vadodara vide C.R. No.I-25/2012 qua the present petitioner; 6(ii) that Your Lordships be pleased to stay further proceedings qua the present petitioner in connection with the FIR being C.R.No.I-25/2012 registered with DCB Police Station, Vadodara during the pendency of this petition; 2. The petitioner has p...
Tag this Judgment!Ghanshyambhai Muljibhai Patel Vs. Bank of Inida
Court: Gujarat
Decided on: Feb-11-2013
Oral Judgment: 1. The petitioner, who was compulsorily retired by the respondent Bank vide order dated 23.08.1988, claims pension and challenge is made to Regulation No. 33 of the Bank of India (Employees) Pension Regulations, 1995, insofar as it denies pension to compulsory retirees prior to 01.11.1993. 2. Heard Mr. A.K.Clerk, learned advocate for the petitioner and Mr. Nandish Chudgar for Nanavati Associates for the respondent Bank. 3. Learned counsel for the petitioner stated that the date of birth of the petitioner is 18.08.1928. He had joined the service of the respondent Bank as Clerk on 18.10.1948 and he was promoted as an officer on 16.11.1960. He was further promoted as Chief Manager in the year 1983. His date of birth being 18.08.1928, and the superannuation age being 60 years, he was to retire on 31.08.1988. About a week before effective date of retirement, respondent Bank passed an order on 23.08.1988, ordering compulsory retirement of the petitioner, which was by way of pe...
Tag this Judgment!Secretary Vs. Sathwara Chandrikaben Nathalal and Others
Court: Gujarat
Decided on: Feb-11-2013
Oral Judgment: Ravi R. Tripathi, J. 1. The present appeal is filed by the Secretary, Gujarat Public Service Commission being aggrieved by judgment and order dated 11.10.2002 passed by the learned Single Judge in Special Civil Application No.3789 of 2002. The learned Single Judge was pleased to pass the following order:- 12. In view of the above discussion, the petition is allowed. Respondent No. 1 is directed to forward the name of the petitioner as a person at Sr. No. 1 for the post of Child Development Project Officer to respondent Nos. 2 and 3 within one week from today and thereafter respondent Nos. 2 and 3 shall take further action within one month from the date of receipt of the writ of this Court or a certified copy of this order, whichever is earlier, for appointment of the petitioner on the post of Child Development Project Officer in accordance with law and in light of the observations made in this judgment. In view of the fact admitted by the GPSC in their reply affidavit th...
Tag this Judgment!Akshaya Kanubhai Patel and Others Vs. Branch Manager and Others
Court: Gujarat
Decided on: Feb-07-2013
Oral Judgment: 1. The petitioners by this petition have prayed for the appropriate writ to direct the respondents to pay the petitioners the amount of crop insurance and/or claim fixed by the respondents for the year 2001 for the failure of hybrid crop in the Karjan Taluka of Vadodara District and it is also prayed to direct the respondents to adjust the loan account of the petitioners upon the claim so received by the Insurance Company. 2. The short facts of the case appear to be that the petitioners are the agriculturist having agricultural land located at Karjan Taluka, District: Vadodara. The petitioners had shown Kharif Crop of hybrid cotton in the year 2001 and they were also granted loan by Bank of Baroda as per the scheme known as Rashtriya Krushi Bima Yojna (RKBY) (herein after referred to as the Scheme for the sake of convenience). As per the scheme, when any farmer is granted agricultural loan for crop by any Nationalized Bank, the premium is being deducted from the loan acc...
Tag this Judgment!Piyush Industries Vs. Paschim Gujarat Vij Co. Ltd. and Another
Court: Gujarat
Decided on: Feb-06-2013
Oral Judgment: 1. The petitioner, by this petition, has prayed for appropriate writ to quash and set aside the letter dated 6.5.2002, whereby the bill dated 3.5.2002 has been issued to the petitioner for recovery of Rs.38,430/- and it is prayed by the petitioner to direct respondent to refund the amount of Rs.17,125/-, which was paid pending the dispute against the said bill and the prayer is made to direct the respondent to refund the amount with interest at the rate of 24% per annum. It has been stated that pending the petition, the unpaid amount has already been recovered and, therefore, an additional prayer is made by way of amendment, for the refund of Rs.25,904/-. 2. The short facts of the case appears to be that the petitioner is having electricity connection of the then Electricity Board, now the Electricity Company, bearing No.34201/50237/6. The petitioner is having the unit, which is a seasonal unit and it is having connection of 65HP. As per the petitioner, on 4.12.2000, the...
Tag this Judgment!Vishad Padmanabh Mafatlal and Others Vs. State of Gujarat - Through Se ...
Court: Gujarat
Decided on: Feb-06-2013
Oral Judgment: 1. The petitioners have filed this petition under Articles 14 and 226 of the Constitution of India praying for declaration that the respondents, their servants and agents have no jurisdiction to require the petitioners to obtain Courts order merely for the purpose of registering the document and entering the same in the village records as and when presented for verification. 2. Heard Mr.D.V.Parikh, learned advocate appearing for Mr.N.P.Shah, learned advocate for the petitioners and Mr.Rohan Yagnik, learned AGP for the respondent State. 3. Mr.D.V.Parikh, learned advocate appearing for the petitioners has submitted that the property in question does not belong to the minors and their names are only entered in village form 7 X 12 subsequently to show them as members of the family of an agriculturist. He has referred to Sections 8(1), 8(2) and 8(3) of the Hindu Minority and Guardianship Act, which are quoted below : 8(1) The natural guardian of a Hindu minor has power, subj...
Tag this Judgment!New India Assurance Co Ltd Vs. Babiben Babubhai Motibhai Dodiya and Ot ...
Court: Gujarat
Decided on: Feb-05-2013
Oral Judgment 1. This First Appeal under the Motor Vehicles Act, 1988, is at the instance of the Insurance Company and is directed against an Award dated September 29, 2007, passed by the Presiding Officer, Fast Track Court No.4, Ahmedabad [Rural] in MACP No. 558 of 1995, thereby partly allowing the application by awarding a sum of Rs. 3,33,640/- with interest at the rate of 8.5% per annum from the date of filing of the application till realization with a direction upon the Insurance Company to make that payment. 2. Being dissatisfied, the Insurance Company has come up with the present appeal. 3. Mr. Sunil Parikh, the learned advocate appearing on behalf of the Insurance Company has taken a pure question of law in support of his submission that in the facts of the present case, the Insurance Company is not liable to pay the amount of compensation on behalf of the owner of the offending vehicle. 4. There is no dispute that the victim died due to the negligence on the part of the driver ...
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