Gujarat Court October 1984 Judgments
Lajjashanker Keshavji Joshi Vs. State of Gujarat
Court: Gujarat
Decided on: Oct-19-1984
Reported in: (1985)2GLR658
M.B. Shah, J.1. The petitioner filed an application under Section 8 of the Gujarat Agricultural Lands Ceiling Act, 1960 hereinafter referred to as the 'Agricultural Lands Ceiling Act' before the Collector for a declaration that the transfer or partition effected by him prior to the specified date was not made in anticipation in order to defeat the object of the Act. After considering the said application on merits the Collector granted the prayer of the petitioner by his judgment and order dated 19th September 1977. Against the said judgment and order passed by the Deputy Collector, Land Reforms. District Junagadh in Land Ceiling Section 8 Case No. 28/77 the State of Gujarat preferred Revision Application No. TEN B.R. 61/78 before the Gujarat Revenue Tribunal under Section 38 of the Agricultural Lands Ceiling Act, In that revision application a contention was raised on behalf of the State that as the possession of the land was delivered merely by an agreement to sell, therefore the sai...
Tag this Judgment!A.N. Banerjee, Bulsar Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Oct-18-1984
Reported in: (1986)IILLJ67Guj
ORDER1. The petitioner is serving as a District Health Officer in the District Panchayat at Bulsar in the pay scale of Rs. 1100-1600 in Class I post. It is his case that he joined service as Medical Officer Class II on 14th December, 1960. Subsequently he was selected by the Gujarat Public Service Commission and was appointed by the Government by an order dated 11th June, 1962. From 25th April, 1963 the petitioner was working as a Regional Malaria Officer which was Class II post at the relevant time but subsequently the said post is upgraded and is considered as Class I post. Thereafter one Dr. Gajjar and Dr. S. B. Trivedi were promoted to the post of Assistant Director of Public Health Services by the Government by its order dated 6th February, 1980. It is the case of the petitioner that he was senior to the aforesaid two persons. Therefore, he made inquiries from the department why he was excluded from the promotion. Finally he filed Special Civil Application No. 1211/80 before this ...
Tag this Judgment!Gharda Chemicals P. Ltd. Vs. Anand Dyes Industries P. Ltd.
Court: Gujarat
Decided on: Oct-17-1984
Reported in: [1986]59CompCas709(Guj)
Talati, J.1. Elaborate arguments were advanced on the point as to whether this petition is required to be admitted or not. It appears that the petition is required to be admitted or not. It appears that the petitioner served notices on the company of February 27, 1982, and, thereafter, as no payment was made, a petition for winding up was filed on June 7, 1982. In that petition , on December 30, 1982, a compromise was entered into between the parties was that the sum of Rs.3,75,000 was due to the petitioner and the company agreed to pay that amount in monthly INSTALMENTS of Rs. 25,000 each and the first installment was to become due on february 16, 1983, and, thereafter, eight INSTALMENTS were to become due and payable on the 15th day of each succeeding month. It was also provided in the compromise that if there were two consecutive default, petitioner will be at liberty to apply to the court for revival of the petition. The compromise was recorded and the learned company judge by an o...
Tag this Judgment!In Re: New Swadeshi Mills of Ahmedabad Ltd. and Manjushri Textiles
Court: Gujarat
Decided on: Oct-16-1984
Reported in: [1985]58CompCas86(Guj)
Majmudar, J. 1. In this company application taken out by the official liquidator, he has prayed for certain directions against the concerned respondents which are nine in number calling upon them to release sufficient funds to the official liquidator with a view to enabling him to pay wages of watch and ward staff working in New Swadeshi Mill, Ahmedabad, and Manjushri Textiles, on a monthly consolidated salary of Rs. 350 to the watchman, Rs. 400 to head jamadar and Rs. 450 to security officer from the date of provisional liquidation order. He has requested for suitable directions as to whether the school which was earlier run by the company should be continued to run or not. 2. The concerned respondents against whom the main relief is prayed for in para. (b) of the application are four nationalised banks, viz., (i) Central Bank; (ii) Syndicate Bank; (iii) United Commercial Bank and (iv) Bank of Madurai; while the four financial institutions are (i) Industrial Finance Corporation of Ind...
Tag this Judgment!Bipinchandra Jugaldas Soni Vs. Gujarat State Co-operative Cotton Feder ...
Court: Gujarat
Decided on: Oct-16-1984
Reported in: (1985)2GLR698; (1986)ILLJ13Guj
1. Special Civil Application No. 4559 of 1984 is filed by the Deputy Manager (Administration) and Special Civil Application No. 4560 of 1984 is filed by the Deputy Manager (Marketing). They came to be appointed by separate orders by Gujarat State Co-operative Cotton Federation Limited, respondent No. 1. Their services came to be terminated because according to respondent No. 1 as a measure of economy they wanted to abolish posts of Deputy Managers from that Organisation. Now Gujarat State Co-operative Cotton Federation Limited in an Apex body of Co-operative Societies and the first question which is required to be decided is whether respondent No. 1 is a State within the meaning of Art. 12 of the Constitution of India. Now so far as Art. 12 of the Constitution of India is concerned, it reads as under : '12. Definition. In this Part, unless the context otherwise requires, 'the State' includes the Government and Parliament of India and the Government and the Legislature of each of the St...
Tag this Judgment!Lohana 'Gomtibai Madhavji (Deed.) her heirs and LRs. Vrajlal Dungarsi ...
Court: Gujarat
Decided on: Oct-16-1984
Reported in: (1985)2GLR1029
R.A. Mehta, J.1. These matters arise out of the final decree for redemption of mortgaged property. The questions involved are regarding the accounts taken and the amounts determined to be due for redemption of the mortgaged property. The trial court held that a sum of Rs. 5,441/- was due to the mortgagee and the plaintiff was directed to pay the same within six months from the date of the decree (30th October 1974) and the mortgagee defendant No. 1 was to give possession of the mortgaged property on receipt of the said amount. The trial court had worked out the amount as follows:1. Rs. 400/- Principal amount.2. Rs. 1668/- Interest on principal amount of Rs. 400/- for the period from 6-7-35 to 6-4-70 at rate of Re. 1/- perhundred per month without cumulative interest.3. Rs. 2958/- For expenses.Rs. 617/- surface and floor repairing after 6-9-1951.Rs. 400/- water connection in 1954. (S. Y. 2010)Rs. 225/- electric connection No. 1962.Rs. 853/- for construction of ladders and wooden ladder ...
Tag this Judgment!Saiyad HusaIn Saiyad Umar Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Oct-16-1984
Reported in: (1985)2GLR1045
P.S. Poti, C.J.1. Though many questions are sought to be raised by counsel for the petitioner after hearing him we feel that all these questions are covered by the Full Bench decision of this Court in Sarjubhaiya v. Dy. Commr. of Police XXV (1) GLR 538. Therefore, we are not called upon to decide the questions. The only other question which did not directly arise in that case and which is urged before us by counsel concerns the plea that the externment order is bad for the reason that it does not indicate independent reasons for externing the petitioner not only from the district of his activities, but also from contiguous districts. Relying upon the decision of this Court in Vrajalal v. D.M. Rajkot III GLR 809, Lalji Kanji v. V.T. Shah IV GLR 668 and Mamad Kala v. State XIV GLR 384 counsel contends that whenever an externing authority chooses to direct extemment from not only the district within which the person against whom the order is passed is seen to be active, but also contiguou...
Tag this Judgment!Kanbi Vaju Vasta, Botad Vs. Kanbi Popat Vasta and anr.
Court: Gujarat
Decided on: Oct-15-1984
Reported in: AIR1985Guj184; (1985)1GLR365
ORDER1. The original decree-holder being aggrieved by the order of the learned Civil Judge (J. D.) Botad dated September 29, 1979 dismissing his execution application seeking to execute the consent decree passed in Regular Civil Suit No. 169 of 1974 on the file of the said Court, has come by way of this revision application to this Court. The decree holder who is the applicant herein and respondent No. 1 are brothers and each one of them was in cultivation and possession of the respective portion of the land of S. No. 106 situate within the revenue limits of village Kariyani admeasuring acres 6-08 gunthas and acre 4-19 gunthas respectively. Since the said land was not divided by metes and bounds, they were cultivating their respective portions of land according to their convenience. Since the judgment-debtor-respondent No. 1 herein was trying to dispose of the portion of the land in his possession to respondent No. 2, the applicant filed a suit for possession being Regular Civil Suit N...
Tag this Judgment!State of Gujarat Vs. M.K. Patel and Co. and anr.
Court: Gujarat
Decided on: Oct-11-1984
Reported in: AIR1985Guj179; (1985)1GLR271
1. The State of Gujarat is the petitioner before me. The State wanted to enforce a Bank guarantee furnished to it by a contractor by asking the Bank to pay over the amount to the State. It was the stand of the State that the contractor had committed default and consequently the State is entitled to enforce its guarantee. When the contractor felt that the Bank is likely to pay over the amount to the State, the present suit, out of which the injunction matter has arisen, was filed by the Contractor and an injunction was sought restraining the payment of the amount by the Bank to the State Government. The plaintiff succeeded in obtaining the injunction and that is confirmed in appeal. That is challenged in this revision.2. The discretion has been exercised by both the Courts below against the State and in a revision proceeding it is not for this Court to interfere. No circumstance justifying such interference is seen in this case.3. 1 may also point out that, in law, the position taken by...
Tag this Judgment!Arvindkumar Jwalaprasad and anr. Vs. Chinubhai Babaldas Shah and anr.
Court: Gujarat
Decided on: Oct-10-1984
Reported in: (1985)1GLR272
S.B. Majmudar, J.1. Rule. Mr. S.T. Mehta, learned P.P. waives service the rule for the State and Mr. Nitin Amin waives service of the rule for respondent No. 1 - original complainant. With the consent of the learned Counsel for the parties, rule is heard today. This application is filed by original accused challenging the order passed by the learned Metropolitan Magistrate, 3rd court, Ahmedabad on 21-8-1984 rejecting the applicant's request to refund the fine deposited by them pursuant to the earlier order of the learned Metropolitan Magistrate which came to be set aside in appeal by the learned Additional City Sessions Judge, 13tll court, on 9-2-1984.2. It is true that the appeal against acquittal of the present petitioners is already admitted by this Court being criminal appeal No. 982 of 1984. However, that does not mean that the order passed by the learned Additional City Sessions Judge directing fine, if paid, to be refunded to the accused is in any way suspended or get stayed at ...
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