Gujarat Court August 1985 Judgments
Patel Varyabhai Jesangdas Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Aug-23-1985
Reported in: (1986)1GLR538
D.C. Gheewala, J.1. The present revision application is directed against the order passed by the learned. JMFC Vijapur, in Criminal Case No. 1104 of 1983, rejecting the complainant's prayer that his private Advocate Mr. M.M. Shah, be permitted to conduct the case behalf of the prosecution. The learned Magistrate was of the opinion that such a request cannot be granted. He, therefore rejected the said application and the said order is being sought to be challenged before me.2. Mr. M.M. Shah, the learned advocate appearing for the complainant petitioner, drew my attention to Section 301 of the Criminal Procedure Code, which reads as under:301(1) The Public Prosecutor or Assistant Public Prosecutor in charge of a case pay appear and plead without any written authority before any Court in which that case is under inquiry, trial or appeal.(2) If in any such case any private person instructs, a pleader to prosecute any person in any Court, the Public Prosecutor or Assistant Public Prosecutor...
Tag this Judgment!Liladhar Khodaji Vaghela Vs. Dipankor Basu, Development Commissioner a ...
Court: Gujarat
Decided on: Aug-20-1985
Reported in: (1986)1GLR226
P.R. Gokulakrishnan, C.J.1. The petitioner before us has filed the abovesaid Special Civil Application to revoke the order passed by the first respondent therein on 10th October 1984 on the application preferred by the respondent No. 4 under Section 67(6) of the Gujarat Panchayats Act, 1961. Various other reliefs have been prayed for in this Special Civil Application. It is (not-sic.) necessary for us to quote all these prayers except stating few facts for the purpose of disposing of this petition.2. The petitioner contested the election to the Banaskantha District Panchayat and was elected as the President in the meeting held on 9th October 1984. This election was challenged by the other Members before the Development Commissioner. This is by virtue of the provision under Section 67(6) of the Gujarat Panchayats Act the Development Commissioner granted injuction against the petitioner herein and hence the petitioner has come forward with the above said Special Civil Application. This C...
Tag this Judgment!Rameshchandra Jivanji Bhavsar Vs. Commissioner of Income-tax
Court: Gujarat
Decided on: Aug-19-1985
Reported in: (1986)1GLR563; [1986]160ITR893(Guj)
B.K. Mehta, J.1. Rule. Mr. G. N. Shah appears for the Commissioner, the respondent herein and waives service of the rule. 2. Rule is made absolute for the following reasons : The applicant-assessee was the karta of a smaller Hindu undivided family of Rameshchandra Jivanji Bhavsar. There was also a bigger Hindu undivided family of Jivanji Govindji Bhavsar consisting of Jivanji, his wife, Jashoda, Rameshchandra, the present applicant, and Pramilaben, the applicant's wife. In 1958, the said Jivanji died and the bigger Hindu undivided family was reduced to a single coparcenary with two female members. In Samvat year 2025 corresponding to the assessment year 1970-71, a partial partition was claimed to have taken place between Rameshchandra and his widowed mother, Jashoda, in respect of the business and capital of the bigger Hindu undivided family of Jivanji Govindji Bhavsar. The said partial partition was recognised by the Income-tax Officer under section 171 of the Income-tax Act by his or...
Tag this Judgment!United India Insurance Co. Ltd. Vs. Revaben Ranchhodbhai Patel and ors ...
Court: Gujarat
Decided on: Aug-16-1985
Reported in: [1987]62CompCas700(Guj); (1986)2GLR1205
Gokulakrishnan, C.J.1. The insurance company is the appellant. Respondents Nos. 1 and 2 herein came forward with an application for award of compensation for the death of their son. It is the case of respondents Nos. 1 and 2 herein that on June 13, 1978, the deceased was travelling in a rickshaw No. GRS 251 from village Bhat to Sabarmati Tol Naka and when the rickshaw was near the cross-road at Koba Circle and was moving towards Sabarmati Tol Naka, at the time, all of a sudden, the rickshaw turned turtle and due to the accident, the deceased, Ashokkumar Ranchhodbhai Patel, received injuries and thereupon he was removed to the hospital and there he succumbed to the said injuries and died. It was further contended that due to the rash and negligent driving of the third respondent herein, the accident occurred and as a result of which the son of respondents Nos. 1 and 2 expired. The insurance company filed a written statement, inter alia contending that the claim filed by respondents Nos....
Tag this Judgment!Vithalbhai Manubhai and ors. Vs. Manjulaben Window of Somabhai Virjibh ...
Court: Gujarat
Decided on: Aug-16-1985
Reported in: (1986)1GLR65
S.B. Majmudar, J.1. In this appeal under Section 110-D of the Motor Vehicles Act, 1939, the appellants, who are the original opponents in Motor Accident Claims petition No. 140/78 on the file of the Motor Accident Claims Tribunal No. 1, Bharuch, have challenged the Award of Rs. 61,000/- as passed by the Tribunal in favour of respondents who are the widow and three minor children of deceased Somabhai Virji Vasava who met with a tragic accidental death on 16th June, 1978 while working as driver of appellant No. 2 on truck No. GTE. 7612. The said truck on that fateful day had got stuck up on account of battery failure. Services of another truck No. GTO 3413 were requisitioned for pushing the failed truck from behind. In the process deceased Somabhai got sandwiched between two trucks and instantaneously died having succumbed to his injuries. His widow and three minor children aged 3 years, 17 years and 10 months respectively moved the claim petition before the Tribunal against the concerne...
Tag this Judgment!Chatrasinh Mansinh Mahida Vs. Indravadan Ratilal Patel and ors.
Court: Gujarat
Decided on: Aug-16-1985
Reported in: (1986)1GLR297
A.P. Ravani, J.1. Should the court pass an ex-parte ad-interim order staying process of election of a Panchayat and thereby countermand the mandate of the people? Would this be in consonance with the basic principles of democracy. These questions are at the centre of controversy required to be resolved in this petition.2. The respondents Nos. 1 and 2 filed a suit being Regular Civil Suit No. 861 of 1985 in the Court of Civil Judge (SD), Vadodara, and prayed that the Notification (Annexure 'A') dated June 5, 1985 issued by the Deputy Collector and Returning Officer of the Election of Tarsali Gram Panchayat be declared illegal and void and the proceedings taken by the respondents-original defendants be also declared illegal and void and they be restrained from holding the election and be directed to convert the Gram Panchayat into Nagar Panchayat and be further directed to declare the Gram Panchayat as Nagar Panchayat. The aforesaid suit was filed on June 13, 1985. On the same day the re...
Tag this Judgment!United India Fire and General Insurance Co. Ltd. Vs. Bachu Kaba Satrot ...
Court: Gujarat
Decided on: Aug-14-1985
Reported in: 2(1986)ACC180; (1986)1GLR463
S.B. Majumdar, J.1. The United India Fire & General Insurance Co. Ltd., is in appeal against the award passed by Motor Accidents Claims Tribunal, Junagadh, in Motor Accidents Claim Petition No. 33 of 1978 which was decided alongwith the companion claim petitions by common judgment. In order to appreciate the grievance of the appellant insurance company, few relevant facts are required to be noted at the outset.2. The appellant Insurance Company had insured an auto-rickshaw GTW 259 against accidental risk under Insurance Policy which is at Exh. 21 on record of the case. The said auto-rickshaw was being plied on 15-2-77 at about 3.00 P.M. near the culvert between the villages Dungarpur and Padaria. At the relevant time, the rickshaw was over-loaded with 10 passengers. In the accident, injuries were caused to the passengers in the rickshaw and one of them Lavji Bachu succumbed to his injuries. The heirs and legal representatives of Lavji Bachu as well as the other injured persons filed di...
Tag this Judgment!The New India Assurance Co. Ltd. Vs. Modi Narayanbhai Maganbhai Mehsan ...
Court: Gujarat
Decided on: Aug-14-1985
Reported in: 1(1986)ACC489; 1986ACJ807; (1986)2GLR1185
J.P. Desai, J.1. Respondent No. 2 has now produced before this Court a zerox copy of Certificate of Insurance which shows that the vehicle was insured with this Insurance Company on the date of this incident. This is, of course, produce after the matter was admitted by this Court yesterday. The clerk of the respondent produced this zorox copy yesterday and is also present before the Court today.2. Mr. R.H. Mehta, learned advocate for the appellant-Insurance Company states that he has verified from his office records after the zerox copy was produced before this Court yesterday that the vehicle was insured with the appellant on the date of the accident. In view of this, Mr. Mehta, with his usual fairness, states that he does not wish to press this appeal. He also states that the appellant will deposit the amount of the award with costs of the trial Court and interest within eight weeks from today with the Tribunal. The interim stay granted in Civil Application No. 2084 of 1985 to contin...
Tag this Judgment!United India Fire and General Insurance Co. Ltd. Vs. Hemlata and ors.
Court: Gujarat
Decided on: Aug-13-1985
Reported in: 1986ACJ108
Majumdar, J. 1. In this first appeal, the appellant-insurance company has challenged the award passed by the Motor Accidents Claims Tribunal, Panchmahals at Godhra, under the provisions of the Motor Vehicles Act, 1939. By the said award, an amount of Rs. 40,000 has been awarded by way of compensation to the original claimants who are respondents Nos. 1 to 5 in this appeal. The accident occurred on November 27, 1977, at about 3.30 p.m. near village Baska on Baroda-Halol Highway. The deceased, Kirtikumar, had gone to Baroda for purchasing puja materials in connection with a sacred yagna at his village Sansoli. While returning from Baroda, he had boarded motor truck No. GTG 2610. The said truck unfortunately met with an accident wherein the deceased lost his life. That resulted in the aforesaid claim petition by his widow and minor children. In the claim petition, the driver and the owner of the truck as well as the insurance company were joined as parties. The father and mother of the de...
Tag this Judgment!Kantilal Jasamatbhai Bhut Vs. General Manager, Jilla Udyog Kendra and ...
Court: Gujarat
Decided on: Aug-13-1985
Reported in: (1986)1GLR317
P.R. Gokulakrishnan, C.J.1. The petitioner has come forward with the present writ petition for issue of a writ of mandamus or any other appropriate writ, order or direction in a prohibitory form directing the respondent or its officers from discharging the petitioner from service till the final disposal of the suit. The petitioner's services were terminated on the ground that he was only a temporary employee. This was questioned by the petitioner by filing Regular Civil Suit No. 577 of 1983 on the file of the Civil Judge (Senior Division), Junagadh. According to the petitioner, there was artificial termination by employing the petitioner for 29-days in a month even though he has served for more than 11/2 years under the respondent herein. The petitioner was able to get interim injunction restraining the respondent from terminating his service in Regular Civil Suit No. 577 of 1983. He has enjoyed the benefit of injunction for over two years. After the dismissal of the injunction petitio...
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