Gujarat Court November 1984 Judgments
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Savitaben Ishverlal Vs. Surat Municipal Corporation, Surat
Court: Gujarat
Decided on: Nov-21-1984
Reported in: AIR1985Guj174; (1985)1GLR428
ORDER1. These three revision applications arise out of the assessment proceedings for the purposes of assessing the property tax in respect of the house property of the petitioner herein for the assessment years 1975-76, 1978-79 and 1979-80 respectively, seeking to fix the rateable value at Rs. 45,174/-, Rs. 46,620/-, and Rs. 72,233/-, respectively by the Commissioner of the respondent-Municipal Corporation. The petitioner-assessee, therefore, carried the matter in appeal before the Civil Judge (S. D.), Surat being Assessment Appeals Nos. 13/77, 19/80 and 20/80, respectively. In course of hearing of these appeals, the petitioner-assessee moved application seeking permission to adduce evidence in support of the appeals.2. In Appeal No. 13/77, out of which Civil Revision Application No. 1089 of 1980 arises, the Advocate for the petitioner-assessee made a cryptic application praying that the Court may proceed to conduct the appeal after recording the evidence of the parties, and in case t...
Dwarkadas Gurumukhdas Agraval Vs. Bhanuben
Court: Gujarat
Decided on: Nov-20-1984
Reported in: AIR1986Guj8; (1985)1GLR255
ORDER1. The petitioner-husband being aggrieved by the order of the learned Civil Judge (S. D.) Bharuch granting maintenance pendente lite of Rs. 250/ - per month to the respondent-wife I herein in Hindu Marriage Petition No. 34 of 1980 on his file moved by the said husband for divorce on the ground that the wife is living in adultery, has come by way of this revision before this Court.2. The question which has been canvassed before me in this revision application is of some importance since according to the learned Advocate for the petitioner the view of the learned Civil Judge in upholding the right of an unchaste wife for maintenance pending the proceedings is tantamount to encouraging immoral behaviour on the part of an erring spouse. At the outset it must be admitted that in the main proceedings for divorce the decree has been granted by the Matrimonial Court on the ground bf the respondent-wife having been proved to be living in adultery. Whether this ultimate outcome of the origi...
R.K. Goswami Vs. K.M. Raval and ors.
Court: Gujarat
Decided on: Nov-20-1984
Reported in: (1985)IILLJ568Guj
1. The petitioner herein challenges the order No. MHK/3-B-46/84-85, Mehsana, dated 17th September, 1984, whereby the petitioner's service as a Forest Guard is terminated on the ground that he had passed the age limit of 25 years when his appointment was made. The petitioner was born on 1st June, 1956. His name was enrolled in the register maintained by the Social Welfare Office as a person seeking a job. The Social Welfare Office recommended the name of the petitioner on 9th June 1981 for his appointment as Forest Guard in the aforesaid department. A selection test was held on 15th June, 1981 in which the petitioner passed. There were several other candidates with him, who failed to pass the test. It seems that after the petitioner's passing the said selection test, there was no appointment order for a considerable time. The petitioner joined Gujarat Technical Institute at Visnagar as a Trade Instructor. Subsequently, by the order dated 14th June, 1982 (Annexure-B) the petitioner was a...
Alka Ceramics Vs. Gujarat State Financial Corporation and ors.
Court: Gujarat
Decided on: Nov-20-1984
Reported in: (1985)1.GLR57
P.S. Poti, C.J.1. These cases are heard together since the question arising for decision in all these is identical. Certain provisions of Gujarat Public Moneys (Recovery of Dues) Act, 1979 (for the sake of convenience we refer to the Act hereafter, in brief, as 'the Recovery Act') are challenged by the petitioners in all these petitions under Article 226 of the Constitution of India. The Recovery Act is passed by the Gujarat Legislature and, as its preamble shows, is an Act enabling speedy recovery of certain classes of dues payable to the State Government, Corporations, Financial Corporations, Companies and nationalised or other banks. The Bill having been reserved for the assent of the President received such assent on 18th May, 1979.2. Section 3 of Act 17 of 1979 is the main provision in the Act. That enables recovery of certain dues as arrears of land revenue. The procedure for such recovery is prescribed in Sub-sections (1) and (2) of Section 3 and Sub-section (4) bars any suit fo...
Ramgiri Keshavgiri Goswami Vs. K.M. Raval, Dy. Conservator of Forest ( ...
Court: Gujarat
Decided on: Nov-20-1984
Reported in: (1985)1GLR486
A.S. Qureshi, J.1. The petitioner herein challenges the order No. MHK/3-B-46/84-85, Mehsana, dated 17th September 1984, whereby the petitioner's service as a Forest Guard is terminated on the ground that he had passed the age limit of 25 years when his appointment was made. The petitioner was born on 1st June 1956. His name was enrolled in the register maintained by the Social Welfare Office as a person seeking a job. The Social Welfare Office recommended the name of the petitioner on 9th June 1981 for his appointment as Forest Guard in the aforesaid department. A selection test was held on 15th June 1981 in which the petitioner passed. There were several other candidates with him, who failed to pass the test. It seems that after the petitioner's passing the said selection test, there was no appointment order for a considerable time. The petitioner joined Gujarat Technical Institute at Visnagar as a Trade Instructor. Subsequently, by the order dated 14th June 1982 (Annexure-B) the peti...
Maganbhai Chhotubhai Patel Vs. Maniben
Court: Gujarat
Decided on: Nov-19-1984
Reported in: AIR1985Guj187; (1985)1GLR374; (1985)1GLR374
1. The present appellant Maganbhai Chhotubhai Patel is the original defendant and husband of present respondent (original plaintiff) Maniben alias Kikiben alias Laxmiben.2. The appellant being aggrieved by the judgment and decree dt. 22-4-1975, passed by the learned Civil Judge, Senior Division, Navsari, in Special Civil Suit No. 3 of 1970, awarding to the plaintiff-wife maintenance at the rate of Rs. 250/- per month from the date of the suit, i.e. 2-4-1969, as also the arrears of maintenance that had accrued due till then within a period of two months from the date of the judgment, i.e. 22-4-1975, has filed this appeal. The respondent-wife also being dissatisfied with the paltry amount of maintenance of Rs. 250/- per month has filed Cross-Objections, claiming maintenance at the rate of Rs. 1,000/- per month with arrears that had accrued due at the said rate. For the sake of convenience, hereafter the appellant will be referred to as 'the defendant husband' and the respondent as 'the p...
Mahendrakumar Shivaram Prapati Vs. State of Gujarat
Court: Gujarat
Decided on: Nov-16-1984
Reported in: (1985)1GLR273
A.S. Qureshi, J.1. The petitioner herein challenges the order No. CLK-1182-3751-D, dated 23rd February 1984, whereby the petitioner was held to be not a handicapped person and hence he was considered not eligible to get the benefit available to the handicapped person in respect of passing the examination for a clerical job. The petitioner's case is that he is totally blind in one eye inasmuch as his left eye has corneal ulcer and therefore, he is not able to see anything with that eye. The eye-ball being practically white, he has been using what is known as Cosmetic Contact Lens to prevent the ugly look of the face.2. Mr. V.M. Dhotre for Mr. S.V. Raju, the learned Counsel for the petitioner has urged that the petitioner being blind in one eye, he should be considered as a handicapped person. According to him, the fact that the petitioner uses cosmetic contact lens, should make no difference because that does not give him any vision. Mr. M.B. Gandhi, the learned Assistant Government Ple...
Chimanbhai Ashabhai Patel Vs. Manager, Federation of Co-op. Stores Ltd ...
Court: Gujarat
Decided on: Nov-16-1984
Reported in: (1985)1GLR130
N.H. Bhatt, J.1. The petitioner was an employee of the respondent. His services were abruptly terminated on 1st April 1981 and therefore he had raised an industrial dispute and the same was referred to the Labour Court. The Labour Court by its award dt. 14th July 1983 directed reinstatement in service to his original post without back wages within one month from the date of publication of the award. He was actually reinstated on 28th June 1984. Thus he has remained without wages from 1st April 1981 till 28th June 1984 even after the award of reinstatement dt. 14th July 1983. The material observations are given in para 4 of the award of the Lobour Court, which read as follows;Now, it is undisputed that the services of this workman were terminated by the management. No inquiry was held against him and he was not given opportunity to defend himself. This termination is contrary to the provisions of the I.D. Act, 1947, and so the workman is entitled to be reinstated in service. The workman...
Lalbhai Talsibhai Patel Vs. Additional Special Land Acquisition Office ...
Court: Gujarat
Decided on: Nov-15-1984
Reported in: AIR1986Guj24; (1985)2GLR1
P.S. Poti, C.J.1. The question that arises in this appeal concerns the enhancement of compensation in respect of 4165 sq. mtrs. of land in survey No. 404 bearing Final Plot No. 347 of Town Planning Scheme No. 22 of village Vasna. The acquisition is for the Telephone Exchange Building. Notification under S. 4 Land Acquisition Act, D/- 10-11-1970 was published in Government Gazette on 3-12-1970. The two documents available for the purpose of estimating the value of the acquired land are Ex. 47 D/- 18-10-1969 and Ex. 48 D/- 24-10-1969. These are plots comprised in survey No. 407. The learned Judge has noticed that the documents relating to these lands shows the land value of Rs. 37.44. per sq. metre in one case and Rs. 34.97 per sq. metre in the other case. Even so the Court has adopted Rs. 30/- per sq. metre for the acquired land only for the reason that the acquired land was of much larger area than the land acquired under Exs. 47 and 48. The extent of the area is not the real test. The...
Surendrabhai Babubhai Patel Vs. State of Gujarat
Court: Gujarat
Decided on: Nov-14-1984
Reported in: (1986)1GLR313
M.B. Shah, J.1. The petitioner was working as an Accountant in Dharamsinh Desai Foundation since 1971. Against him one Vithalbhai Section Patel filed a complaint before the Chief Judicial Magistrate, Nadiad. The Chief Judicial Magistrate passed an order under Section 156(3) of the Criminal Procedure Code for investigation by the police. In the complaint it was alleged that the petitioner had committed an offence punishable under Section 408 of the Indian Penal Code as he had misappropriated the amount alleged in the complaint. The investigating officer submitted the charge-sheet on 18-1-83 for the offence punishable under Section 408 of the Indian Penal Code. Thereafter the case was registered as Criminal Case No. 350 of 1983. It is the say of the petitioner that his plea was recorded and some evidence was also taken by the learned Magistrate.2. Thereafter an application Ex. 31 was filed on behalf of the prosecution contending that investigating officer had not seized certain important...
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