Gujarat Court August 1988 Judgments
Manubhai @ Manibhai Parshottamdas Patel and anr. Vs. Ramchandra Bhogil ...
Court: Gujarat
Decided on: Aug-30-1988
Reported in: (1989)1GLR146
R.C. Mankad, J.1. Petitioners, unfortunate tenants, who have been dragged from one authority to another, are told after about 18 years of litigation that though they are deemed purchasers of the land leased to them and though they are illegally deprived of possession of this land, they cannot be put back in possession of land because proper proceedings have not been initiated. The Gujarat Revenue Tribunal (Tribunal for short) has allowed the Revision Application of landlords, respondents herein, holding that in absence of proceedings under Section 84(c) of the Bombay Tenancy and Agricultural Lands Act, 1948 (Act for short) Mamlatdar & Agricultural Lands Tribunal, Petlad (A.L.T. for short) could not have directed the landlords to hand-over possession of the land to the petitioners, in proceedings under Section 32G of the Act.2. The chequered history of this petition is as follows:Petitioners are heirs and legal representatives of the deceased Parshottamdas Mathurbhai (the deceased for s...
Tag this Judgment!Babubhai Jahurbhai Saiyed Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Aug-30-1988
Reported in: (1989)2GLR820
A.P. Ravani, J.1. There is no dispute with regard to the fact that the petitioner-prisoner has become entitled to two furloughs. As per the prevailing practice and as per the provisions of the relevant rules, the I.G. Prisons ordinarily asks for police opinion before releasing a prisoner on parole or furlough. Therefore, in this ease also the opinion of the concerned police authority was called for.2. The Police Officer concerned (Deputy Commissioner of Police. Ahmedabad) has opined that the petitioner-prisoner be not released on furlough because the grounds stated by the Prisoner that on account of Id Festival be wanted to be out of Jail for few days and enjoy furlough was not proper. Having received this opinion, the I.G. Prisons requested the police authority vide his letter dated May 31, 1988 to reconsider this opinion because the same was not based on relevant grounds. Thereafter the police authority sent its opinion on June 6, 1988 and stated that there was likelihood of breach o...
Tag this Judgment!i.K. Soni and ors. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Aug-29-1988
Reported in: (1989)1GLR103
R.C. Mankad, J.1. Conflict of interest between direct recruits and deputationists from the Government working in the Gujarat State Civil Supplies Corporation Ltd. ('Corporation' for short) respondent No. 1 herein has led to the filing of these petitions. The main questions which are raised on behalf of the direct recruits are : (1) all deputationists should be repetriated to their parent departments, (2) seniority and promotion should only be given to the direct recruits and in the alternative, (3) the deputationists should be given seniority only from the date of their absorption in the Corporation. Deputationists from the Government on the other hand have prayed for direction against the Corporation to pass appropriate orders for their absorption in the Corporation. Since common questions arise for my determination in these petitions, they are disposed of by this common judgment.2. Facts giving rise to these petitions briefly stated are as under:Food and Civil Supplies Department of ...
Tag this Judgment!Harivadan Modi Vs. District Magistrate and ors.
Court: Gujarat
Decided on: Aug-29-1988
Reported in: 1989CriLJ1119
ORDERB.S. Kapadia, J.1. The present petition is filed by the petitioner, who is detained by the order of detention dated 1-3-1988 passed by the District Magistrate, Bharuch, under the Gujarat Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as 'the Act') on his being satisfied with regard to the petitioner that with a view to preventing him from acting in any manner prejudicial to the maintenance of public order it was necessary to pass order of detention. In pursuance of the said order he was detained on 2-3-1988 at about 9.30 a.m. He was also served with the grounds of detention dated 1-3-1988 on the same day.2. On perusal of the ground it appears that six prohibition cases being C.R. Nos. 1979/86, 1153/86, 323/87, 422/87, 493/87 and 642/87 all of Ankleshwar Police Station, have been filed against him. So far as the first case is concerned, a raid was conducted by the police at the residence of the petitioner on 11-7-86 and 16 litres of country liquor was taken...
Tag this Judgment!Krishnakunj Co-operative Housing Society Ltd. and ors. Vs. Special Lan ...
Court: Gujarat
Decided on: Aug-26-1988
Reported in: AIR1989Guj165; (1989)1GLR117
R.A. Mehta, J. 1. By this petition, the petitioners seek a writ of mandamus or directions of quashing and setting aside the impugned award of 'Nil' compensation under S. 48(2) of the Land Acquisition Act (hereinafter referred to as' the Act') and for a further direction to award compensation at 25'% of the value of the lands in question or in the alternative directing the respondent-Land Acquisition Officer to pass a fresh award under S. 48(2) of the Act. The land was earlier proposed to be acquired and notification under Ss. 4 and 6 were issued on 5-3-1981 and 24-2-1984 respectively. The acquisition was proposed for public purpose of Kalol Growth Centre. The final development plan under the Gujarat Town Planning and Urban Development Act was submitted to the government on 18-1-1983 for sanction under S. 16 of the Act. Under that development plan, the land proposed to be acquired was reserved for the said purpose. S. 9 of L. A. Act notices for determination of compensation were issued....
Tag this Judgment!Rajiyabanu Wife of Hyder @ Bhura Gulam HussaIn Shaikh Vs. Police Commi ...
Court: Gujarat
Decided on: Aug-26-1988
Reported in: (1989)1GLR18
B.S. Kapadia, J.1. The petitioner Rajiyabanu has challenged the order of detention dated 9-3-1988 passed by the Commissioner of Police, Ahmedabad, in exercise of the powers conferred under Sub-section (2) of Section 3 of the Gujarat Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as 'the Act') against her husband Hyder alias Bhura Gulam Hussain Shaikh with a prayer for writ of habeas corpus or any other appropriate writ and for quashing and setting aside the order of detention.2. The Commissioner of Police, Ahmedabad, who is the respondent No. 1 and the detaining authority has passed the impugned order on his being satisfied with respect to said Hyder @ Bhura Gulam Hussain Shaikh that with a view to preventing him from acting in any manner prejudicial to the maintenance of public order in the area of Ahmedabad City it was necessary to make order directing that the said Hyder @ Bhura Gulam Hussain Shaikh be detained and accordingly passed the order under Sub-sect...
Tag this Judgment!Jagdishchandra Chandulal Shah Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Aug-26-1988
Reported in: 1989CriLJ1724
ORDERB.S. Kapadia, J.1. The present petition is directed against the order passed by the learned Metropolitan Magistrate, Court No. 5 at Ahmedabad on 4-9-86 on application filed in Criminal Case No. 1793/83.2. In a nutshell it may be stated that the petitioner, who is the original complainant has filed the Complaint in the Court of learned Metropolitan Magistrate, Court No. 5, Ahmedabad, against the opponents 2 and 3 (original accused) for the offences under Section 420 read with Section 34 and/or Section 109 of the I.P.C. and the said complaint was registered as Criminal Case No. 1793/83. It is alleged that the accused 1 and 2 who are present opponents 2 and 3 had previously sold land to one Mahobatsing Mansing Jadeja by a registered sale deed and they suppressed t his material fact from the present petitioner (original complainant) and induced the complainant to part with the amount of Rs. 72,500/-.3. During the course of the proceedings an application was preferred for producing cer...
Tag this Judgment!Bharat Heavy Electricals Ltd., Baroda Vs. R.V. Krishna Rao
Court: Gujarat
Decided on: Aug-24-1988
Reported in: (1989)1GLR545
Majmudar, J. 1. Bharat Heavy Electrical Limited has filed this petition under Art. 226 of the Constitution which in substance is one under Art. 227 thereof, seeking to challenge the award, passed by the Presiding Officer of Labour Court at Surat in Reference (LCS) 326 of 1981. By the said award, the industrial dispute raised by the respondent-workman against the petitioner concern has been adjudicated upon an the reference is partly allowed. The Labour Court has directed the petitioner-concern to reinstate the respondent-workman in service with continuity in service but directed the petitioner to pay 25% of back wages with effect from 5th October 1985. It is further clarified that the petitioner will be entitled to transfer the respondent-workman or to send him on deputation according to its needs. The said right of the petitioner-management has been upheld. 2. In order to appreciate the grievance of the petitioner, a few introductory facts are required to be noted at the outset. Respo...
Tag this Judgment!Jayantilal L. Shah and anr. Etc Vs. Asha T. Shah and anr.
Court: Gujarat
Decided on: Aug-23-1988
Reported in: AIR1989Guj152; I(1990)DMC250; (1989)1GLR257
1. The present two appeals are directed against the judgment and decree passed by the learned Joint District Judge, Rajkot in Civil Misc. Application No. 14/85 and 87/85. Two Norwegian couples filed these applications through their power of Attorney Holder Miss Asha Trilokbhai Shah who is Superintendent of Kathiawar Nirashrit Balashram, situated at Rajkot for getting themselves appointed as guardian of two minor children, namely, 'Varun' and 'Dipa'. The petitioners of application No. 14/165 were desirous of getting themselves appointed as Guardian of 'Varun' and petitioners in the other petition prayed that they should be appointed Guardians of Minor Dipa. Both the children were destitutes. Their biological parents had surrendered their custody to the Balashram with a specific authority that they may be given in adoption to any couple either in India or abroad and of any religion. The authorities of the Balashram were also given absolute power to give in adoption these children to any ...
Tag this Judgment!Raj NaraIn Bajpai and ors. Vs. Central Board of Secondary Education, N ...
Court: Gujarat
Decided on: Aug-22-1988
Reported in: AIR1989Guj146; (1989)1GLR367
Gokulakrishnan, C.J.1. Appellants original petitioners in Special Civil Application No. 4249 of 1983, being aggrieved by the judgment and order dt. 19-9-1983 rendered by a single Judge of this court have come in appeal challenging the said decision.2. Petitioners are three teachers of respondent No. 6 Gulf Education Society. Respondent 1-Board has been constituted by the Government of India by various resolutions, the first of which was dt. 1-71929 and institution known as Kendriya Vidyalaya Sanghathan has been impleaded as the respondent No. 2 through its Deputy Commissioner. Respondent No. 4 is Gujarat Secondary Education Board. Respondents 5 and 7 are the Project Manager, O.N.G.C. Cambay Project and Oil and Natural Gas Commission respectively. The reliefs, inter alia, prayed in the petition were as under : '18(a) a writ of prohibition or writ in the nature of prohibition or any other appropriate writ or direction may be issued restraining the respondents from starting or commencing ...
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