Gujarat Court December 1980 Judgments
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Super Steels Vs. Ahmedabad Municipal Corporation, Astodia
Court: Gujarat
Decided on: Dec-08-1980
Reported in: AIR1981Guj230; (1981)0GLR665
B.K. Mehta, J. 1. This appeal, at the instance of the original plaintiff of Civil Suit No. 978 of 1975 on the file of the learned City Civil Judge, Ahmedabad, is directed against the order of the learned single Judge of this Court dismissing the First Appeal of the plaintiff being First Appeal No. 38 of 1980 against the Judgment and order of the City Civil Judge dismissing the suit of the plaintiff, as the learned single Judge found himself unable to enter into and adjudicate upon the only and the material issue whether the premises in question were in existence before the Bombay Provincial Municipal Corporations Act, 1949 became applicable.2. The reason of the inability of the learned City Civil Judge to enter into and adjudicate upon the material issue was, in his opinion, the observation of the learned single Judge of this Court in an unreported decision in First Appeal No. 828 of 1973 decided on 12/13th July, 1977 by our learned brother N. H. Bhatt J.3. At the time of hearing of th...
Somabhai Kacharadas Patel Vs. Patel Becharbhai Shambhubhai and ors.
Court: Gujarat
Decided on: Dec-05-1980
Reported in: (1980)2GLR1
B.J. Divan, C.J.1. These three matters have been placed before us because of an order passed by our learned Brother A.N. Surti J. referring these matters to a larger Bench because of the importance of the questions involved in this Appeal from Order. Our learned Brother felt that since the matter is of public importance as it relates to an election dispute and as the question involved is one of reading and interpreting Section 14 of the Gujarat Municipalities Act, 1963, the matter should be heard and disposed of by a larger Bench.2. Elections were held for the formation of municipality of Kalol, District Mahesana. The elections were held on October 26, 1980. Counting of votes was carried out on October 22, 1980 and the result of the count was declared on October 30, 1980. The Returning Officer found that the appellant in the present Appeal from Order Somabhai Kacharadas Patel, had secured 642 votes whereas respondent No. 1, Patel Becharbhai Shambhubhai, had secured 640 votes. At that s...
K.D. Dwivedi Kelvani Mandal Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Dec-05-1980
Reported in: (1980)2GLR589
N.H. Bhatt, J.1. This is a petition by two Trustees of two different trusts registered as such under the name and style of R.R. Dwivedi Kelvani Mandal and the Mayur Kelvani Mandal respectively. The Trustees of the first Trust has been running a secondary school known as Ramanuj Vidyalaya. Under the provisions of the Gujarat Secondary Education Act, 1972, that is, Section 31 thereof; this school was required to be registered and admittedly this school was, registered. At some time, that is around the year 1977, the Trustees of the first Trust were facing financial difficulties and so they had initially decided to close down the school and they had approached the Board, constituted under the Gujarat Secondary Education Act, and hereinafter referred to as 'the Board', by making an application under Section 44 of the Act, because no manager of a registered private secondary school is entitled to close down the school without giving notice in writing of his intention so to do to the Board a...
Bhanuprasad Maganlal Bhatnagr Vs. PravIn Tapubhai Naik and ors.
Court: Gujarat
Decided on: Dec-04-1980
Reported in: [1983]54CompCas872(Guj); (1981)0GLR1271
M.P. Thakkar, J. 1. A doctor employed by the Directorate of Medical Services (Employee's State Insurance Scheme), aged about 37, sustained serious injuries on September 13, 1973 at 3.30 p.m., when the scooter on which he was proceeding from Nadiad to Ahmedabad, collided with a truck, belonging to respondent No. 2 being driven by respondent No. 1. He had to be hospitalised for above five months and had to be operated upon five times. He developed a permanent limp as a result of shortening of his left leg to the extent of 1/2'. He also acquired some other handicaps on account of the mishap. The injured doctor, appellant herein, instituted Motor Accidents Claim Application No. 8/74, before the Motor Accidents Claims Tribunal of Ahmedabad (Rural), at Narol. Initially, his claim for compensation before the tribunal was valued at Rs. 40,000 but subsequently, with the leave of the court, the claim was raised to the figure of Rs. 60,000. The stand taken by the truck driver and the truck owner,...
K.A. Contractor and ors. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Dec-04-1980
Reported in: (1980)2GLR581
N.H. Bhatt, J.1. This is a petition by five Government employees in the Gujarat State Accounts Service. In the year 1976 or thereabout, all these five petitioners were in the group I service, which was the highest non-gazetted post in Class III service. In this Accounts Service, there are Group II service, Group I service; Class II service and Class I service. The persons in the Group I service, as the petition paragraph 5 states without any controversy being raised in that regard, were eligible for promotion to Gujarat Accounts Service Class II on the basis of (a) seniority in Group I post; (b) at least three years working on the supervisory pests; (c) passing of the departmental examination prescribed by the Government; and (d) proved merit and efficiency to be adjudged from confidential reports. The examination prescribed by the Government is styled as the Gujarat Accounts and Treasuries Department (Gujarat Accounts Service) Examination Rules, 1975, which are the Rules made by the G...
Hamidkhan Samsherkhan and Etc. Vs. Special Land Acquisition Officer, B ...
Court: Gujarat
Decided on: Dec-03-1980
Reported in: AIR1982Guj157; (1981)GLR812
Majmudar, J.These first appeals and cross-objections arise out of two land reference case No. 4 of 11974 as w4l as land reference case No. 6 of 1974 on the file of the learned Assistant Judge, Broach. The learned Assistant Judge awarded enhanced compensation to the concerned claimants at the rate of Rupees 500/- per Guntha in both these references though by separate judgment~ Dissatisfied by the judgment and award of the learned trial Judge in land reference case No. 4 of 1974, the claimant as well as the Referer have filed two cross appeals being first appeal No. 301 of 1975 and appeal No. 890 of 1975 respectively; while the Referer has challenged the award of the trial Court in land reference case No. 6 of 1974 by filing first appeal No. 568 of 1975 and the claimants of that reference have filed their cross-objections. The claimants of this group of appeals seek compensation at the rate of Rs. 30,0001- per acre equivalent to Rs. 750/- per guntha while the trial Court has granted them...
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