Gujarat Court March 1966 Judgments
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Somalal Nathjibhai Siroyia Vs. Arjandas Jodharam and ors.
Court: Gujarat
Decided on: Mar-02-1966
Reported in: (1967)8GLR337
N.K. Vakil, J.1. In this petition, the decision of the District Judge, Panch-mahals, at Godhra, holding that the District Judge has jurisdiction to decide election petitions under Section 15 of the Bombay Municipal Boroughs Act 1925 is challenged. In 1962 June, election for the Godhra Borough Municipality was held. The result of the election in ward No. 1 was declared on 18th June 1962 wherein the petitioner and respondents Nos. 1 to 4 were declared elected and respondents Nos. 6 to 18 were declared as unsuccessful. Respondent No. 5 filled an election petition in the Court of the District Judge, Panchmahals at Godhra under Section 15 of the Bombay Municipal Boroughs Act. The petition was contested. At the stage of hearing, it appears, the respondent No. 5 put in an application contending that as the learned District Judge was not appointed as required under Section 15(2) of the Bombay Municipal Boroughs Act to conduct the inquiry, he had no jurisdiction to hear the petition. The learne...
Natverlal Bhikhalal Shah Vs. Thakarda Khodaji Kalaji and ors.
Court: Gujarat
Decided on: Mar-01-1966
Reported in: (1967)8GLR779
P.N. Bhagwati, J.1. On 26th July 1962 one Somaji Khodaji met with his death as a result of an accident caused by a motor truck within the area of the Mehsana District. At the date of the accident there was no Motor Accidents Claims Tribunal (hereinafter referred to as the Claims Tribunal) in existence for the area of the Mehsana District, but on 20th June 1963 such Claims Tribunal was constituted by the State Government by a notification issued under Section 110(1) of the Motor Vehicles Act, 1939. The legal representatives of Somaji Khodaji thereupon preferred an application before the Claims Tribunal on 24th July 1963 claiming compensation for the death of Somaji Khodaji, The application was directed against the owner of the motor truck, the driver of the motor truck and. the insurer with whom the motor truck was insured. The owner of the motor truck and the insurer resisted the application and amongst the various defences taken by them was one relating to the jurisdiction of the Clai...
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