Gujarat Court July 1986 Judgments
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Udayshankar Bhai Vs. Heirs and Legal Representatives of the Deceased R ...
Court: Gujarat
Decided on: Jul-15-1986
Reported in: I(1987)ACC11; 1988ACJ161
R.C. Mankad, J.1. This appeal by the owner of the Motor Truck bearing No. GTP 4051 involved in the accident, is directed against the judgment and award dated August 23, 1977, passed by the Motor Accident Claims Tribunal, Junagarh District at Junagarh (hereinafter referred to as the Tribunal) in M.A.C. Petition No. 68A of 1974.2. Respondents Nos. 1(1) to 1(8) (hereinafter referred to as the 'claimants') are the heirs and legal representatives of deceased Rabari Ala Rama (hereinafter referred to as the 'deceased'), who had filed the aforesaid petition claiming compensation for the death of the deceased, who was killed in a vehicular accident, which took place on Porbandar-Jamnagar High-way on November 13, 1972. None of the claimants was present, at the time when the accident occurred and, therefore, they did not have any personal knowledge regarding the manner in which the accident occurred. It, however, appears that respondent No. 2 ('driver' for short) an employee of the appellant, who...
The State of Gujarat Vs. Karanbhai L. Parmar
Court: Gujarat
Decided on: Jul-10-1986
Reported in: 1987CriLJ1842; (1987)2GLR732
S.B. Majmudar, J.1. These proceedings arise from a reference received from the Sub-divisional Magistrate, Bharuch who by his order dated 19-9-1985 has sent relevant papers with the submission that public news item which appeared in Lak Satta on 7-8-1984 amounts to contempt of court and that proper action is required to be taken against the respondent herein who has published the said news item. The papers with the covering letter of the Sub-divisional Magistrate, Bharuch were received by the office of this Court somewhere in the last week of Dec. 1985. After the papers were processed, the reference was registered as Criminal Miscellaneous Application No. 1065 of 1986 and it was placed before this Court for orders on 17-6-1986. On that date, this Court issued rule to the respondent-alleged contemner and made it returnable on 8-7-1986. The rule has reached final hearing before us today.2. Mr. Shethna who appears for the respondent has raised a preliminary contention about maintainability...
National Insurance Company Ltd. Vs. Humnbhai Chhipabhai Chaudhari and ...
Court: Gujarat
Decided on: Jul-10-1986
Reported in: 2(1986)ACC556
S.A. Shah, J.1. These appeals are filed by the National Insurance Co. Ltd., Surat, against the judgment and order dated 23-6-1,978 passed by the Accidents Claims Tribunal No. 1, Surat (hereinafter referred to as 'the Tribunal'), in Motor Accidents Claims Petitions Nos. 104 of 1977, 105 of 1977 and 121 of 1977 which arose out of the common accident. The Tribunal has disposed them of by a common judgment, and we have also, therefore, heard these appeals together and disposed of them by this common judgment.2. The short facts leading to these appeals are that on 5-5-1977 at about 3-30 p.m. near village Uncha Mala, Taluka Vyara, District Surat, the accident in question occurred as a result of which three persons, viz. (1) Chhitubhai, a boy aged 17 years, (2) Jagdish, a boy aged 5 years, and (3) Maniben Khalpabhai, died.3. Claims Petition No. 104 of 1977 is filed by father, two brothers and sister of deceased Chhitubhai, claiming compensation of Rs. 50,000/-. The Tribunal awarded total comp...
Dhuliben and ors. Vs. Mahmadiya Amirmiya Malek and anr.
Court: Gujarat
Decided on: Jul-08-1986
Reported in: I(1987)ACC38
R.C. Mankad, J.1. This appeal by the original claimants is directed against the judgment and order dated January 27, 1978, passed by the Motor Accidents Claims Tribunal, Kaira at Nadiad (hereinafter referred to as the 'Tribunal'), by which their claim petition claiming compensation for the death of deceased Lalbhai Mangalbhai (hereinafter referred to as the 'deceased') who was killed in a vehicular accident at about 5.30 P.M. on March 6, 1977, has been rejected.2. The case of the appellants is that respondent No. 1 original opponent No. 1 was driving bus No. GTH 4127 of the second respondent Gujarat State Road Transport Corporation from Ransol to Anand on March 6, 1977. When he was at a distance of about one furlong from Chikhodra at about 5.30 P.M. he knocked down the deceased by driving the bus rashly and negligently. The appellants contend that they are entitled to claim compensation or damages to the tune of Rs. 40,000/- from the respondents for the death of the deceased, who was e...
Abbas HusaIn Fateh Mahammad Vs. the Deputy Police Commissioner and anr ...
Court: Gujarat
Decided on: Jul-02-1986
Reported in: 1988CriLJ434
P.R. Gokulakrishnan, C.J.1. This Special Criminal Application is to quash and set aside the show cause notice (Anhexure 'A' to the Special Criminal Application), the impugned order of externment (Annexure 'B' to the Special Criminal Application) and the order in appeal (Annexure 'C' to the Special Criminal Application).2. The petitioner was issued with a show cause notice under Section 59 of the Bombay Police Act stating that he has committed acts coming under Section 56(a) and (b) and as such he has to be externed from the jurisdiction of the Surat City Police Commissioner, Surat Rural and contiguous area of Broach and Valsad Districts for a period of two years from the date of the proposed externment order. The allegations levelled against the petitioner in the show cause notice are as follows:(1) That you are a violent and strong-headed person, And that you and your accomplices commit dangerous offences like - hurt, grievous hurt, held out threat, robbery and indulge in anti-social ...
Gopalji Jivraj Ganatra Vs. S.J. Munsha and ors.
Court: Gujarat
Decided on: Jul-01-1986
Reported in: (1987)1GLR183
A.M. Ahmadi, J.1. The petitioner, a property-holder and a tax-payer, has filed this petition for directing respondents Nos. 1 and 2 to take appropriate action against respondent No. 3-Panchayat and its Chairman, respondent No. 4, in respect of certain actions taken in contravention of the provisions of the Gujarat Panchayats Act, 1961 (hereinafter called 'the Act'). The main grievance made by the counsel for the petitioner was that certain lands shown in the statement, Annexure 'C' to the petition, were given on lease to different persons on nominal rent contrary to the provisions of Section 98 of the Act thereby causing financial loss to the panchayat. It is averred that these lands having been vested in the panchayat by the Government under Section 96 of the Act, could not be given on lease without the previous sanction of the competent authority. Respondent No. 3 and the Chairman, respondent No. 4, having given the land on lease to different persons without the previous sanction of ...
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