Gujarat Court March 1982 Judgments
National Insurance Co. Vs. Minor Ramanbhai Fulabhai Bhoi and ors.
Court: Gujarat
Decided on: Mar-30-1982
Reported in: [1985]58CompCas297(Guj); (1982)2GLR458
Shukla, J. 1. On September 10, 1977, Ramanbhai Fulabhai (a minor, the appellant) had gone to the field of Ramachandra Fulabhai Pandya (respondent No. 2) for labour work for agricultural purpose. At about 5.30 p.m., he was returning in a tractor driven by Babubhai alias Abdulbhai Daudbhai Vohra (respondent No. 1) and belonging to respondent No. 2. It was the case of the appellant that the tractor was being driven in a rash and negligent manner. Due to rash and negligent driving of the tractor by respondent No. 1, there occurred a big jolt on account of which the appellant, Ramanbhai, who was sitting at the rear of the trailer fell down, was crushed under the wheels of the trailer and sustained serious injuries resulting in permanent disability. The appellant filed a claim application through his guardian and next friend, Fulabhai Ganeshbhai Bhoi, bearing No. 53 of 1978, before the Motor Accidents Claims Tribunal, Kaira at Nadiad and claimed a sum of Rs. 30,000 which, vide Ex. 36 was lat...
Tag this Judgment!Pradyuman Sinh Indrasinh Vs. State
Court: Gujarat
Decided on: Mar-30-1982
Reported in: (1982)2GLR309
B.K. Mehta, J.1. Since a common question of law arises in both these petitions, I intend to dispose them of by this common judgment. The facts of both these petitions, though lying in short compass, are different in both these applications and, therefore, they should be briefly but separately stated.2. In Special Civil Application No. 2572 of 1980, the Petitioner was recruited as a constable in June, 1964 and was promoted as Head Constable in 1968. He was selected for Police Training as Police-Sub-inspector by Selection Committee on November 20, 1978 and was sent for training. On completion of his training period, which comprised of 12 months, he passed the examination on November 25, 1970 at the first trial and secured 4th rank in the merit list of 237 successful candidates. He was posted as Probationary Police Sub-Inspector in Mehsana district on December, 2, 1980 as trainee Inspector and was required to undergo training for a period of 18 months out of which last six months he was r...
Tag this Judgment!Kantilal Mansukhram Thakkar and anr. Vs. J.M. Patel, Registrar, Co. Op ...
Court: Gujarat
Decided on: Mar-29-1982
Reported in: (1982)2GLR537
A.M. Ahmadi, J.1. The third respondent is incorporated as a Market Committee under Section 10(1) of the Gujarat Agricultural Produce Market Act 1963 (hereinafter called 'the Act'). Section 11 of the deals with the constitution of Market Committees. Sub-section (1) of that section provides that every Market Committee shall consist of (i) eight agriculturists who shall be elected by members of Managing Committees of Co-operative Societies dispensing agricultural credit in the market area; (ii) four members to be elected in the prescribed manner from amongst themselves by the traders holding general licences; (iii) two representatives of the Co-operative Marketing Societies situate in the market area and holding general licences, to be elected from amongst the members of such Societies by the members of the Managing Committees of such Societies: provided that where the number of Co-operative Marketing Societies so situate does not exceed two, only one representative shall be so elected; (...
Tag this Judgment!Gujarat Electricity Board, Gandhinagar Vs. Maheshkumar and Co., Ahmeda ...
Court: Gujarat
Decided on: Mar-25-1982
Reported in: AIR1982Guj289; (1982)2GLR479
ORDER1. This is a revision application by the original defendant of the Civil Suit No. 112 of 1981 pending in the Court of the Civil Judge (J. D.) at Gandhinagar. The opponent herein is M/s. Maheshkumar & Co., the plaintiff, who have filed the aforesaid suit for a declaration that the contract of lifting fly-ash alleged to be entered into between the parties was in operation for a period of three years and the plaintiff wanted an injunction, restraining the defendant, the Gujarat Electricity Board, from disturbing the plaintiffs while lifting the fly-ash from Gandhinagar Power Station belonging to the defendant Electricity Board. Along with the suit, an application, Ext.5, for an interim injunction was given by the plaintiffs. The learned trial Judge, after hearing both the sides, had refused to grant that injunction, Being aggrieved by the said order of the learned trial Judge, the Misc. Appeal No. 118/81 had come to be filed by the original plaintiff, seeking the injunction to operat...
Tag this Judgment!Bhimsing Sardarsing Vs. District Supdt. of Police and ors.
Court: Gujarat
Decided on: Mar-25-1982
Reported in: (1982)2GLR410
P.D. Desai, J.1. The petitioner joined service in the Police Department as unarmed police constable on December 1, 1958. On December, 30, 1976 the petitioner was served with a charge-sheet dated December 22, 1976. The substance of the charge levelled against the petitioner was: (1) that on June 14/15, 1976 an offence of house-breaking took 'place at village Makhalia in the house of one Rathod Kabhasinh Ratansinh, (2) that in connection with that offence a complaint was lodged at the Kothamba Police Station for offence punishable under Sections 457-380 of the Indian Penal Code, (3) that the petitioner, who was at the material time posted as unarmed police constable at the said police station, was entrusted with the investigation of the said offence on June 15, 1976 at 5.00 p m., (4) that one Jibhai Abhesing, Head Constable, who was also entrusted with the investigation along with the petitioner, had demanded bribe in the sum of Rs. 200/- from Kabhsinh Ratansinh in the presence of the pe...
Tag this Judgment!Laxmichand Jethalal Bhalakia and anr. Vs. State and ors.
Court: Gujarat
Decided on: Mar-24-1982
Reported in: (1983)1GLR237
B.K. Mehta, J.1. A short question whether the petitioners, who are promoted as Aval Karkuns from the cadre of clerk after their allocation to the Panchayat Service from the Revenue Department of the State Government, are entitled to the benefit of Rule 2 of the Gujarat Panchayat Services (Promotion to Cadre in State Service) Rules, 1974 (hereinafter referred to as 'the Promotion Rules') arises in this petition.2. The claim of the Petitioners is founded on the ground that as prescribed in Item No. 7 of the Schedule read with Rule 2 of the aforesaid Promotion Rules, the Petitioners being Aval Karkuns are entitled to seek promotion to the post and cadre of Mamlatdar in the Revenue Department of the State Services since they have exercised option for promotion to the State Services within the prescribed period of four months after their promotion to the post of Aval Karkun from the post of Clerk. The claim of the petitioners is resisted on behalf of the State Government-respondent No. 1 he...
Tag this Judgment!Navuba Gokaiji Chavda and ors. Vs. Returning Officer and ors.
Court: Gujarat
Decided on: Mar-23-1982
Reported in: AIR1982Guj281; (1982)2GLR397
ORDER1. In this petition under Article 226 of the Constitution of India, the petitioners who are the voters residing within the local limits of Khanusa Gram Panchayat in Vijapur taluka of Mehsana district, have challenged the action of respondent No. I Returning Officer, rejecting the nomination paper of petitioner No. I whereby she was prevented from contesting the election from Ward No. 74 of the Khanusa Gram Panchayat, held in the closing months of year 1980. Petitioner No. I was the sole contestant from that ward wherein only one seat was earmarked as reserved for women. Petitioner No. 1 was not opposed by any rival female candidate. She filled in the nomination form on 27-11-1980 for contesting from the aforesaid ward on the reserved seat for women. Her nomination form came to be rejected by the Returning Officer by his order dated 29-11-1980, on the ground that on scrutiny of the nomination paper, it was found that the candidate had not mentioned her number in the voters' list. T...
Tag this Judgment!Fuljibhai Motibhai Govabhai Dela Vs. Fakirmohmad Saiyadali Saiyed and ...
Court: Gujarat
Decided on: Mar-15-1982
Reported in: AIR1982Guj241; (1982)2GLR302
Shukla, J.1. x x X X 2. xx x x x X 3. The circumstances under which the appellant received injuries in the motor accident arose as under:-The present appellant and others were proceeding to Unjha in a trailer of Dalasing Bhathibhai, attached to the tractor, with their agricultural produce. It is alleged that when the tractor crossed the river bridge between Moti Dau and Nani Dau, a public carrier belonging to respondent No. I and driven by respondent No. 2 went from behind and dashed against the right side of the trailer, on account of which impact the tractor and the trailer were thrown in a pit which was situated by the side of the road and the trailer capsized. The gunny bags which were lying in the tractor fell down and the appellant and his other companions were injured. By that time, a bus belonging to S. T. Corporation came from the opposite direction. The public carrier of respondent No. 1 and the S. T. bus collided. The appellant was removed to the Civil Hospital, Mehsana and ...
Tag this Judgment!Premlata Nilamchand Sharma and ors. Vs. Hirabhai Ranchhodbhai Patel an ...
Court: Gujarat
Decided on: Mar-12-1982
Reported in: AIR1982Guj243; (1982)2GLR203
Shukla, J.1. This appeal arises out of the order of the Motor Accidents Claims Tribunal at Surat whereby the claim petition of the appellants filed before it, bearing No. 103 of 1977 was dismissed.2. The relevant facts giving rise to the aforesaid petition may be stated as under:-The appellants are the widow, minor sons, minor daughter and parents of the deceased Nilamchand Sadilal Sharma who met with a fatal motor accident at about 7-40 P. M. on December 24, 1976. The deceased had gone to the house of his in-laws at village Gangadhara on scooter, bearing No. GTR 4557 belonging to one Chhabildas Khushaldas Modi, The deceased started from his in-law's house at about 7-00 or 745 P. M. having on the pillion of the scooter his brother-in-law, Ramesh, aged about 10 or 11 years. It is the case of the appellants that there was thick fog all along the highway. When deceased reached between village Kumbharia and Rang Kutir, the scooter collided with a trailer attached to the tractor, which was ...
Tag this Judgment!Harbhajansingh Dunasingh Sarary Vs. Suryakant Mulshanker Kaka
Court: Gujarat
Decided on: Mar-11-1982
Reported in: AIR1982Guj296; (1983)1GLR182
ORDER1. This revision application is filed against the judgment and order passed by the learned Assistant Judge; Baroda in Civil Revision Application No. 41 of 1979. That was a revision application filed under Section 29(3) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (here-__________________________________________________________________________________Against judgment and orders passed by Asst. J., Baroda in Civil Revn, Appln. No. 41 of 1979__________________________________________________________________________________after referred to as 'the Act') by the original applicant-tenant against an order passed by the learned Judge of the Small Cause Court, Baroda under Section 11(4) of the Act. It was dismissed on the ground that it was not maintainable under Section 29(3) of the Act.2. The case of the petitioner-tenant is that rent of the suit premises is Rs. 1,200/- per month. He has also topay education cess at the rate of Rupees 200/- per month. This agreed...
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