Court : Gujarat
Decided on : Aug-03-2007
Reported in : [2008(116)FLR330]; (2008)1GLR436; (2008)ILLJ608Guj
R.S. Garg, J.1. The petitioner-State Government, being aggrieved by the order dated 6th April, 1999 passed by the Appellate Authority under the Payment of Gratuity Act, 1972, Vadodara, is before this Court with a submission that the Appellate Authority was absolutely unjustified in directing the State Government to make the payment of gratuity to the claimant/workman-Ramkrushna Gopal Soni, though it has come on record that Ramkrushna Gopal Soni was an employee of Girls Remand Home run by a registered Trust.2. Shri I.M. Pandya, learned Assistant Government Pleader for the petitioner-State, submitted that a perusal of the order made by the Controlling Authority under the Payment of Gratuity Act, 1972 (Annexure-B to the petition) would show that the dispute was between the workman - Ramkrushna Gopal Soni and the Secretary of the Remand Home and the State was not a party and the final order was made by the Controlling Authority against the Trust only. It is submitted that the State Governm...
Tag this Judgment!Court : Gujarat
Decided on : Jul-11-2007
Reported in : 2008ACJ2711; (2008)1GLR327
..... behalf of the court, observed in reference to section 39(2) of the delhi rent control act which confers an identical power on the high court to interfere only where there is an error of law.the argument that the learned judges of the high court exceeded their jurisdiction under section 39(2) of the delhi rent control act, when they reversed the finding of bona ..... to the notice of this court while deciding smt. kamla soni's case or else this court would not have landed itself in such patent contradiction. but whatever be the reason, it cannot be gainsaid that it is not possible to reconcile the observations in these two decisions. that being so, we must ..... no way peculiar to common law systems, for it is found in all developed systems of law. {see dias on jurisprudence, 3rd edition, 1970 page 45, chapter 3 which starts with precedent).6.3 article 141 provides that law declared by supreme court ..... 45. from the said lists, following documents are produced:(i) exh. 46 marine acceptance advice-cum-receipt of rs. 21,150/-.(ii) exh. 48 marine acceptance advice-cum-receipt of rs. 6,850/-.documentary evidence produced by the owner of the ..... been provided for the purpose of securing the safety of workmen.5.1. section 4 provides amount of compensation to be paid. the said amount is to be paid subject to provisions of this act and amount of compensation shall be awarded as under for which 1 have already made reference in this behalf.5.1a. section 4a provides compensation ..... of with no order as to costs. .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-26-2007
Reported in : (2008)1GLR261
R.S. Garg, J.1. Mr.R.C. Kodekar, learned Assistant Government Pleader, for the petitioner, Mrs.Ketty A. Mehta, learned Counsel for the respondent No. 1 and Mr.Saurabh Amin, learned Counsel for the respondent No. 2 are heard.2. Before I refer to the facts of the case, I must record that present is a case, where, Mrs.Ketty A. Mehta, learned Counsel for the respondent No. 1 and Mr.Saurabh Amin learned Counsel for the respondent No. 2, tried their best to mislead this Court by making false statements and misstatements in the Court. With bruised feeling and bleeding heart, I am required to record all what had taken place in the court in presence of Mr.A.J. Patel, Mr.Shital R.Patel, Mr.Dhirendra Mehta, Ms.Neesha Parikh, Dr.Amee Yajnik, learned Counsel and each person was listening that how these two advocates, despite repeated warning from the Court, were making false misleading statements to obtain favourable orders.3. To start, I asked Mr.Amin that whether the order dtd.29/4/1992 (Annexure...
Tag this Judgment!Court : Gujarat
Decided on : Mar-01-2007
Reported in : [2007]138CompCas204(Guj); [2007]79SCL47(Guj)
R.S. Garg, J.1. This judgement shall dispose of Company Petition Nos. 9 and 10 of 2006. 2. Company Petition No. 10 of 2006 has been filed under Sections 78, 100, 391 and 393 of the Companies Act, 1956 ('the Act' for short) by the Company named Core Healthcare Limited, a company incorporated under the Act in the matter of a composite Scheme of Arrangement in the nature of compromise with the lenders and reconstruction, reorganisation of capital and demerger between Core Healthcare Limited and Nirma Limited and their respective shareholders. The petitioner-Company has prayed for the following reliefs:(a) The Modified Composite Scheme of Arrangement referred to in para-15 of this petition and being Annex. with this petition hereto, be sanctioned by this Hon'ble Court so as to be binding on all Equity Shareholders, Class 'A' Lenders and Class 'B' Lenders of the Petitioner Company and on the Petitioner Company;(b) That the Petitioner Company do within 30 days from the date of sealing of the...
Tag this Judgment!Court : Gujarat
Decided on : Nov-23-2007
Reported in : [2008(117)FLR408]; (2008)1GLR12; (2008)ILLJ985Guj; 2009(2)SLJ37(NULL); 2008(2)AIRKarR227(FB)(Guj)
K.S. Jhaveri, J.1. The question referred A Division Bench of this Court has referred the following question for our consideration:Whether a part-time employee is a 'workman' and whether he is entitled for all the benefits which are being extended to regular employees.2. Factual matrix2.1 The appellant herein - Tourism Corporation of Gujarat Ltd ('TCGL' or 'the appellant') is a Government Company registered under the Companies Act, 1956.The respondent herein was appointed by the appellant Corporation as a part-time sweeper in its Junagadh Hotel for a fixed period upto December 1987. Therefore on 31st December 1987 his services came to an end. In the year 1996, the respondent raised an industrial dispute, contending that his services had been illegally terminated. The dispute was referred to the Labour Court, Junagadh which was registered as Reference (LCJ) No. 57 of 1996. After hearing the parties, by award dated 24th May 2001, the Labour Court directed the appellant herein to reinstate...
Tag this Judgment!Court : Gujarat
Decided on : Apr-23-2007
Reported in : (2009)22VST569(Guj)
J.M. Panchal, J.1. All the above numbered petitions, which are instituted under Article 226 of the Constitution, are directed against Public Circular dated September 2, 2005 issued by the Sales Tax Commissioner, State of Gujarat, whereby it is declared that the view expressed in Public Circular dated February 19, 2001 that the judgment of the Supreme Court rendered in Coastal Chemicals Limited v. Commercial Tax Officer, A.P. and Ors. : AIR1999SC3855 holding that the natural gas used as fuel cannot be treated as consumable goods, is based on the language of Section 5B of the Andhra Pradesh General Sales Tax Act, 1957, which is quite different from the language of the Gujarat Sales Tax Act, 1969 and the Rules framed thereunder and, therefore, the principle laid down by the Supreme Court in Coastal Chemicals Limited (supra) is not applicable to the cases arising under the Gujarat Sales Tax Act, 1969, is no longer valid in view of the decision of the Gujarat Sales Tax Tribunal, Ahmedabad, ...
Tag this Judgment!Court : Gujarat
Decided on : Aug-14-2007
Reported in : AIR2007Guj198; (2008)2GLR921
D.A. Mehta, J.1. The Chief Controlling Revenue Authority, Gujarat State has referred the following two questions under Section 56 of the Bombay Stamp Act, 1958 (the Act):(1) Whether the said instrument Titled as Deed of Simple Mortgage executed on dt.7.12.1985 and presented for Registration with Sub-Registrar, Manavdar on dt.7.12.85 bearing Serial No. 317 is liable to stamp duty under Article 36 of Schedule-I to the Bombay Stamp Act, 1958, read with Govt. Notification dt.2.7.1970. (ANNEXURE-'E')OR(2) Whether the said instrument fulls within the scope full remission granted inter-alia to the instruments of Mortgage under Govt. R.D. Notification No. GHM-79/108/-M-STP-1479/2288-H dt.23.3.1979 (Annexure-'B').2. The applicant, an individual, had applied to Bank of India, Dungarpur Branch, Taluka District Junagadh for a loan of Rs. 9,80,000/- for the purchase of Air Compressors, Drilling Rods and other Accessories under Agricultural Finance Scheme. Upon being granted the said financial facil...
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