Gujarat Court October 1987 Judgments
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Muktinagar Co-operative Housing Society Ltd. Vs. Competent Authority a ...
Court: Gujarat
Decided on: Oct-05-1987
Reported in: AIR1988Guj224; (1988)1GLR49
1. Petitioner is a cooperative housing society registered on August 31. 1981. The petitioner purchased land bearing S. No. 20/3/A of village Thaltej from original owner Bhikaji Chhaganji and Manguben Chaganji. According to the petitioner exemption under S. 20 of the Urban Land (Ceiling and Regulation) Act (hereinafter referred to as 'the Act') was granted by order dated May 26,1981 in respect of the land. Hence the petitioner had purchased the land and executed a sale deed on September 23, 1981. In respect of the land, the owner of the land had filled in form under S. 6 of the Act. The Competent Authority held as per order Annexure G dated January 31, 1984 that land admeasuring 1327 sq. mts. of Survey No. 210/ 3/A of village Thaltej was in excess of the ceiling limit. The competent authority also issued notice under S. 10(6) of the Act dated December 10. 1985. .By this notice under S. 10(6) of the Act, the landholder was directed to remain present for handing over possession of the lan...
Kwality Pulp and Paper Mills Vs. the Gujarat Industrial Development Co ...
Court: Gujarat
Decided on: Oct-01-1987
Reported in: AIR1988Guj104; (1988)1GLR160
ORDER1. The petitioner is a lessee -of Plot No. 183 admeasuring 8238 sq. m. of land Situated in Vapi Industrial Estate of the respondent-Corporation. The lease is for a period of 99 years commencing from August 26, 1976. A regular lease deed has been executed between the parties and it is produced at annexure-A to the petition. In substance the petitioner prays that it be permitted to commit breach of contract or at any rate certain terms and conditions of the' lease deed be treated as illegal and void and the respondent-Corporation be directed not to enforce the same. Thug, in short, the question is - can a decree for setting aside the terms and conditions of lease deed be passed in a petition under Article 226 of the Constitution of India? Obviously such a prayer cannot be granted and hence the petition can never be entertained. Therefore on this short ground alone the petition is liable to be rejected. However, certain points which have been urged on behalf of the petitioners be exa...
Chandrikaben Navnitlal Dave Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Oct-01-1987
Reported in: (1988)1GLR117
B.S. Kapadia, J.1. Both the above applications arise out of the common order passed by the learned Sessions Judge, Bharuch on 23-7-1987 in Criminal Revision Applications No. 71 and 72 of 1986 against the orders passed by the learned Magistrate in Misc. Criminal Applications No. 44 of 1987 and 278 of 1986 which were filed by the present petitioner Chandrikaben Navaitlal Dave, who is the wife of present opponent No. 2 Harish Badrishanker Dixit. The learned Magistrate passed order on Misc. Criminal Application No. 44 of 1987 on 16-5-1987 directing the opponent No. 2-husband to undergo imprisonment for 15 days per each month of arrears of maintenance i.e. total 60 days as he has failed without sufficient cause to comply with the order of maintenance passed in Misc. Criminal Application No. 301 of 1982 dated 16-12-1982, The said application was filed in respect of arrears of maintenance for the period from 16-9-1986 to 16-1-1987 i.e. for a period of four months.2. In the second application ...
Nehru Marg CabIn Association Vs. Modasa Nagar Palika and ors.
Court: Gujarat
Decided on: Oct-01-1987
Reported in: (1988)1GLR441
A.P. Ravani, J.1. In these four petitions in all 74 individual cabin-shop-owners are affected by the action of the respondents. According to the petitioners they have been removed from the place of their business otherwise than in accordance with law and in violation of their fundamental right to life under Article 21 of the Constitution of India. In Special Civil Application No. 4019 of 1987 an association called Nehru Marg Cabin Association has filed the petition in respect of 43 members belonging to their association. In other three petitions different individuals have filed the petitions. In all they are 31 in number. The petitioners have their cabins on different roads in the town of Modasa, district Sabrkantha. The petitioners felt aggrieved by the action of the respondent-Municipality and other respondents. Hence the petition. By interim relief, it was directed that the petitioners be not restrained from putting up their cabins and carrying on their business. at the places where...
Bhanuprasad Chhotalal Shroff and anr. Vs. Kachhiya Amritlal Gordhandas
Court: Gujarat
Decided on: Oct-01-1987
Reported in: (1987)2GLR1336
D.H. Shukla, J.1. The petitioners were the plaintiffs in Regular Civil Suit No. 303 of 1978 filed in the Court of the learned Civil Judge (J.D.). Patlad, for recovering vacant and peaceful possession of the suit premises from the opponent herein, as also from the original defendant No. 1. Patel Shanabhai Zaverbhai, who was the original tenant. The decree for possession of the suit premises was sought by the petitioners on the ground of subletting by the said Patel Shanabhai Zaverbhai to the present opponent, Kachhiya Amritlal Gordhandas. It appears that Patel Sharoabhai Zaverbhai had vacated the suit premises much earlier by subletting the same to the opponent. The learned Civil Judge (J.D.), Petlad decreed the suit, by his judgment and decree dated 6-2-1985. The present opponent and the original defendant No. 1 had filed Regular Civil Appeal No. 160 of 1985 in the Court of the learned Assistant Judge, Kheda, at Nadiad. The said appeal was dismissed by the order dated 10-12-1985, and t...
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