Gujarat Court April 2013 Judgments
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Regional Director, Esic, Ahmedabad Vs. Radha Krishna Prabhakar
Court: Gujarat
Decided on: Apr-01-2013
Common Oral Judgment: 1. The present First Appeal has been filed by the Appellant-Regional Director, Employees State Insurance (original respondent) being aggrieved with the impugned judgment and order passed by the ESI Court in E.S.I. Second Appeal No.05/2011 dated 11.04.2012 quashing and setting aside the order of the Medical Tribunal assessing permanent disability at Zero percent (0%) and instead of, it has accepted 10% for the purpose of compensation. 2. Heard learned counsel, Shri Shashikant Gade for the appellant. 3. Learned counsel, Shri Gade has referred to the record of ESI Second Appeal, which has been called for from the ESI Court and submitted that as observed by the Medical Appellate Tribunal in Appeal (MAT) NO.54/2006, the finding has been given that there was no functional loss sustained by the applicant and, therefore, the Medical Appellate Tribunal has confirmed the assessment of the Medical Assessor regarding the injury on the right eye sustained by the applicant. How...
M/S. Hindusthan Chemicals Company (Prop. Hindusthan) Vs. Mansingh Mang ...
Court: Gujarat
Decided on: Apr-01-2013
Oral Judgment: 1. Heard Mr. Keyur Gandhi learned advocate for the petitioner-employer and Mr. M.S.Mansuri learned advocate for the respondent. 2. Challenge in this petition is made to the award passed by the Labour Court, Surat dated 19.5.2000 in Reference (LCS) No. 630/1984, whereby, the respondent is ordered to be reinstated in service with 75% back-wages. 3. Learned advocate for the petitioner has contended that the award of the Labour Court, on both the counts, i.e. reinstatement as well as awarding 75% back-wages, is bad in the eyes of law and on the basis of the material on record, not only no back-wages were required to be granted but even no reinstatement could have been ordered in favour of the respondent. 4. Learned advocate for the petitioner has stated that the respondent had joined the service of the petitioner-company on 1.10.1982 and his conduct was subversive of discipline and his acts constituted serious misconduct. It is stated that for this, he was issued three charg...
State of Gujarat Vs. Pradyumansinh Manubha Jadeja and Others
Court: Gujarat
Decided on: Apr-01-2013
Oral Judgment: 1. This appeal is directed against the judgment and order dated 31.12.1996, rendered by the learned Additional Sessions Judge, KutchBhuj, in Sessions Case No.88/1992, whereby the respondents have been acquitted of the charges under Sections306 and 498(A) read with Section114 of the Indian Penal Code. 2. Briefly stated, the case of the prosecution is that Dharmishthaben (hereinafter referred to as the deceased) was married to respondent No.1 in January, 1991. Respondent No.2 is the brother of respondent No.1 and respondent No.3 is the mother-in-law of the deceased. The case of the prosecution is based upon the complaint dated 22.05.1992, made by PW2 Pravinsinh Bachubha Gohil, brother of the deceased, to the effect that the marriage of his sister (the deceased) took place about one year and four months before the incident, which took place on 23.05.1991. After two to three months of her marriage, when she had come to her parental home, the deceased had complained that her ...
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