Court : Gujarat
Decided on : Mar-21-2006
Reported in : (2006)3GLR2230
..... a position to point out as to how the finding of fact recorded by the courts below is contrary to law. in its limited jurisdiction under section 29(2) of the act, this court is not expected to re-appreciate the evidence on record. considering the reasonings of the courts below, i do not find any substance ..... the small causes court, ahmedabad by impugned order dated 23-6-2005 dismissed the appeal, against which the original plaintiff has filed this revision application under section 29(2) of the act.6. mr. punit juneja, learned advocate for the applicant vehemently submitted that both the courts below have committed an error of law in not considering the ..... court, ahmedabad. appellate bench dismissed the appeal against which the unsuccessful plaintiff has filed this civil revision application before this court by invoking provisions of section 29(2) of the bombay rent act.2. the plaintiff is the owner of the premises consisting of one room and 'osary'. the same was let out to the defendant at .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-21-2006
Reported in : [2006(111)FLR1097]; (2006)2GLR889; (2006)IIILLJ196Guj
..... to interfere with the order imposing punishment other than that of discharge or dismissal, holds the learned judge. even otherwise, prior to incorporation of section 11a of the act, jurisdiction of tribunal to interfere with the order of punishment is recognized and accepted by courts in circumstances pointed out. ahmadi, j. (as he ..... correctly. 5. therefore, this matter comes for consideration by full bench. 6. shri hardik rawal, learned counsel for the appellant, contended that under section 11a of the act, the tribunal/ national tribunal can interfere with the punishment imposed by the employer only in cases of discharge or dismissal, therefore, where punishment imposed is ..... order dated 15.9.1998, reduced punishment from 16 stages to 5 stages. this order has been passed in exercise of power under section 11a of the industrial disputes act, 1947 (the act). this order was challenged through special civil application no. 1026 of 1999 by corporation. however, by oral order dated 11.2.1999, .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-22-2006
Reported in : 2006CriLJ3252
..... .16. in view of above observations, the present appeal is here partly allowed. the judgment and order convicting the appellant-orig.accused for the offence punishable under section 376 of the indian penal code is hereby confirmed. however, the order of sentence sentencing the appellant-orig. accused to undergo rigorous imprisonment for 10 years is ..... quantum of punishment. this is not a case of offender or sex maniac. iii. lack of sex education in schools sometimes leads to such type of offending acts and the appellant-orig. accused practically appears to be illiterate. so it was possible for the learned trial judge to consider whether it is possible to impose minimum ..... laboratory. the appellant, by the time on completion of the basic investigation, was chargesheeted by the police and ultimately, tried and convicted. 7. to prove the offending act of rape, the prosecution has examined victim ganga vide ex.24; pw-3-niruben-maternal aunt of victim ganga vide ex.11 and pw-3-ranuben, mother of .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-22-2006
Reported in : (2006)2GLR1520
..... he has dismissed the appeal of the plaintiff being regular civil appeal no. 60 of 1995, the original plaintiff has filed this revision application invoking section 29(2) of the bombay rent act.4. the learned advocate for the petitioner ' original plaintiff has vehemently submitted that the appellate court has committed an error of law in holding that ..... be treated as a tenant in arrears of rent for more than six months. thus the appellant has failed to comply with the provisions of section 12(3) of the rent act. so if we take into consideration all these facts it is obviously clear that the appellant has failed to prove the point that the respondent ..... unless the appellate court is aware of the distinction between the appeals filed under order 43 of the civil procedure code and the one filed under section 96 of the civil procedure code or under section 29 of the bombay rent act, the appellate court is bound to commit a mistake of treating the regular appeal on par with an appeal filed under .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-23-2006
Reported in : AIR2006Guj154; (2006)2GLR1208
..... the application, it shall record its reasons and, on demand, furnish a copy thereof to the applicant except in exceptional circumstances contemplated in sub-section (2) of section 5 of the passports act, 1967;(4) then it will be open for the applicant concerned to take appropriate remedy in accordance with law.(5) the above process in ..... passport was issued. however, in such case, it should be open for the applicant to surrender the passport for revocation under the provisions of sub-section (4) of section 10 of the act which read as under:10 (4): the passport authority may also revoke a passport or travel document on the application of the holder thereof. thereafter, ..... the said order was under consideration for implementation or being carried in appeal. 4. the passports rules, 1980, made in exercise of the powers conferred by section 24 of the passports act, 1967, provide in rule 5, as under:5. form of applications:(1) an application for the issue of passport or travel document or for the .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-24-2006
Reported in : [2006(111)FLR678]
D.H. Waghela, J.1. All these petitions were stated to be making the common grievance and praying the same relief of directions to the respondent authority to immediately regularize the services of the petitioners and place them in suitable pay-scales with effect from the initial appointment and grant consequential benefits and back wages. The facts and annexures were duly elaborated and annexed only in Special Civil Application No. 2764 of 2006 on the basis of which common arguments were advanced by the learned Counsel Mr. Dipak Dave appearing for Mr. K. I. Acharya, learned Advocate for the petitioner,2. It is generally the case of the petitioners that they have put in more than 20 years of service under the respondent as 'Nakal Karkoon' and their services came to be abruptly ended towards the end of the year of 2004 after the last appointment for a period of 3 months. The last order of appointment dated 16-12-2004 at Annexure 'C to the petition clearly stipulated that the petitioner i...
Tag this Judgment!Court : Gujarat
Decided on : Mar-24-2006
Reported in : [2006]133CompCas590(Guj)
R.S. Garg, J.1. The original petitioners, being dissatisfied by the order dated September 16, 2004, passed in Company Petition No. 51 of 2001 Rameshbhai Ramanlal Patel v. Shree Bansidhar P. Ltd. [2005] 127 Comp Cas 806 (Guj) by the learned company judge, whereunder, the prayer of the petitioners to wind up the company has been rejected, are before this Court.2. Mr. Ashwin L. Shah, learned Counsel for the appellants referred to the following judgments:(a) A. Ramachandran v. Narasaraopet Electric Corporation Ltd. [1972] 42 Comp Cas 182 (AP).(b) Orissa Trunks and Enamel Works Ltd., In re [1973] 43 Comp Cas 503 (Orissa).(c) Virendrasingh Bhandari v. Nandlal Bhandari and Sons P. Ltd. [1980] 50 Comp Cas 54 (MP).(d) Jivabhai Marghabhai Patel v. Extrusion Processes P. Ltd. [1966] 2 Comp LJ 74 (Bom).(e) S. Sundaresan v. Plast-O-Fibre Industries P. Ltd. [1993] 76 Comp Cas 38 (Mad).3. Mr. Shah, learned Counsel for the appellants contended that where a company has lost its substratum, is unable to...
Tag this Judgment!Court : Gujarat
Decided on : Mar-27-2006
Reported in : 2006CriLJ2665; (2006)2GLR1526
..... and regulations. the petitioner has relied on the raja chiththi issued by the patan nagar palika being no. 405 under the provisions of the gujarat municipalities act, namely under section 155 dated 10.9.1993. the authority has also granted permission on certain conditions. the learned counsel for the petitioner has relied on said raja chiththi ..... laid down by the supreme court in the aforesaid decision, the petitioner does not appear to fall within the ambit of property grabber as defined under section 2(h) of the act. the petitioner and rajesh himatlal sheth (petitioner in the present petition) are admittedly the original owners of the lands in relation to which illegal ..... in the year 1985. the petitioner submitted that it appears that respondent no. 2 has invoked the powers conferred upon him under section 3 read with section 2(h) of the pasa act on the ground that the petitioner had constructed shops in residential area whereas the case of the petitioner is that he has constructed .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-27-2006
Reported in : 2006(199)ELT39(Guj)
..... respect of the obligation with which the machinery has been purchased by the petitioner under the provisions of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002. after purchase of the machinery in question, the petitioner has undertaken to fulfill the obligation with regard to export of yarn, which was to be manufactured with help of .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-29-2006
Reported in : (2006)3GLR1951
..... was taken by the petitioner corporation on 20th april 1982 exercising power under section 210 read with section 212 of the bpmc act. the respondent bank sought compensation under section 211 of the bpmc act; the municipal commissioner declared the award under section 390 of the bpmc act on 20th february 1985; compensation was calculated at rs. 40,586; and ..... application is whether when the portion of the land is under road-widening under section 210 and section 212 of the bpmc act, and award is declared by the commissioner under section 390 of the bpmc act and compensation is paid under the said act whether the claimant and/or the person whose land is acquired is entitled to ..... made applicable, but powers are vested in the commissioner to determine the compensation under section 389(1)(f) of the act, and declare an award under section 389 of the bpmc act; section 216 of the bpmc act is in line with town planning act and only some of the land goes under acquisition for road widening; it might .....
Tag this Judgment!