Gujarat Court December 1990 Judgments
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Shantaben Ambalal Sutaria and ors. Vs. Valjibhai Harjibhai Patel and o ...
Court: Gujarat
Decided on: Dec-19-1990
Reported in: II(1991)ACC323; 1992ACJ321; (1991)1GLR597
S.D. Dave, J.1. A man aged about 54 years, healthy in every respect, was returning to his house on his scooter. He was knocked down by a speeding S.T. vehicle causing multiple fractures on his person. He was admitted in the hospital and the traction was advised. He was removed out of the hospital with a view to continue the traction at his residence. He had certain complaints during the intervening period. He dies on the 6th or 7th day of the accident and the probable cause of death, certified by the medical expert, is 'fat embolism', which is a common complication in case of multiple fractures when long bones are involved. In the award rendered by the Motor Accidents Claims Tribunal, Ahmedabad city, it is said that there was no nexus or connection between the death of the deceased and the accidental injuries. The question, therefore, in the present appeal is as to whether the claimants would be entitled to the compensation on the head of loss to the estate on the basis that there is a...
Shantaben Ambalal Sutaria and ors. Vs. Vialji Bhai Harji Bhai Patel an ...
Court: Gujarat
Decided on: Dec-19-1990
Reported in: II(1992)ACC553
S.D. Dave, J. 1. A man aged about 54 years, healthy in every respect, was returning to his house on his scooter. He was knocked down by a speeding S .T. vehicle causing multiple fractures on his person. He was admitted in the hospital and the traction was advised. He was removed out of the hospital with a view to continue the traction at his residence. He had certain complaints during the intervening period. He dies on the 6th or 7th day of the accident and the probable cause of death, certified by the medical expert, is 'fat embolism', which is a common complication in case of multiple fractures when long bones are involved. In the award rendered by the Motor Accidents Claims Tribunal, Ahmedabad city, it is said that there was no nexus or connection between the death of the deceased and the accidental injuries. The question, therefore, in the present appeal is as to whether the claimants would be entitled to the compensation on the head of loss to the estate on the basis that there is...
Patel Chandubhai Ishverbhai Vs. Patel Motibhai Lallubhai
Court: Gujarat
Decided on: Dec-19-1990
Reported in: (1992)1GLR101
V.H. Bhairavia, J.1. This appeal is directed against the judgment and decree dated 17-4-1978 passed by the learned Jt. District Judge, Ahmedabad (Rural) at Narol in Regular Civil Appeal No. 47 of 1977 dismissing the appeal preferred by the appellant herein and confirming the judgment and decree dated 31-3-1977 passed by the learned Civil Judge (J.D.), Dholka in Regular Civil Suit No. 101 of 1972 whereby the suit filed by the plaintiff was dismissed with costs.2. The brief facts of the present appeal are that the appellant (Original plaintiff) has filed Regular Civil Suit No. 101 of 1972 in the Court of the learned Civil Judge (J.D.), Dholka for perpetual prohibitory injunction restraining the present respondent from obstructing the appellant-plaintiff in passing on the suit way with or without cattle, agricultural implements, bullock, bullock-cart etc. and for declaration that the land in dispute be declared as public road. That the houses of the plaintiff and defendant are situated in...
Dhirajlal Gandabhai and ors. Vs. State of Gujarat
Court: Gujarat
Decided on: Dec-19-1990
Reported in: (1991)1GLR433
V.H. Bhairavia, J.1. This Cri. Rev. Application has been filed by the petitioners-accused against the judgment and order dated 24-8-1983 passed by the learned Extra Addl. Sessions Judge, Surat in Cri. Appeal No. 145 of 1982. The petitioner-accused have been prosecuted for the offences punishable under Sections 65(e), 66(b) read with Section 82 of the Bombay Prohibition Act in the Court of the learned Judicial Magistrate (F.C.) Vyara in Criminal Case No. 287 of 1982. The learned Magistrate, after appreciating the evidence led by the prosecution, by his judgment and order dated 5-12-1982, convicted the petitioners-accused for the offence punishable under Sections 66(b), 65(e) and 81 of the Bombay Prohibition Act and sentenced them to suffer rigorous imprisonment for 3 months and to pay a fine of Rs. 500/- in default of payment of fine, to further undergo rigorous imprisonment for 1 month each for the offence punishable under Section 66(b), of the Bombay Prohibition Act, and to suffer rig...
Dhuliben Vs. Mahajibhai Kisabhai Chauhan
Court: Gujarat
Decided on: Dec-18-1990
Reported in: II(1991)DMC449; (1991)1GLR610
Pandya, J.1. The present petitioner had succeeded in getting maintenance in the Court of J.M.F.G. at Khambat in Criminal Misc. Application No. 108 of 1983. The amount awarded to her was Rs. 150/- per month. However, the matter was pursued before the learned District Judge at Kheda where in Revision Application No. 148 of 1985, the learned Additional Sessions Judge by his judgment dated 4-2-1987 came to the conclusion that the petitioner would fail as she is not a legally wedded wife of the respondent.2. In the petition the petitioner had clearly stated before the learned Magistrate that her marriage with the respondent took place somewhere in the year 1982 and thereafter they have been staying together as husband and wife, and they have no issue. To this, the respondent-Husband has filed a reply before the trial Court at Exh. 8 in which he admits the cohabitation, but refuses regularly solemnized marriage with the petitioner. He has also come out with a case that he had married with Ba...
Mohan Bhagwan Panna and anr. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Dec-18-1990
Reported in: (1991)1GLR436
R.A. Mehta, J.1. Rule.Mr. Champaneri waives service.The petitioners are prisoners and they are desirous of contesting election to the Jail Panchayat for the internal administration of the Jail and the amenities to the prisoners. The petitioners apprehend that their names will be excluded from the contest and that the prison authorities have umguided and absolute discretion to excluded any name from the contest.2. On behalf of the respondents, it is submitted that internal Jail administration is purely an administrative matter of the prison authorities and prison authorities have formed administrative rules to involve the prisoners in this administration by constituting a Jail Panchayat by giving an opportunity to proper persons to contest election. However, there is no legal or fundamental right in the prisoner to contest the election to Jail Panchayat. Rule regarding the eligibility of a prisoner to contest the election is that the conduct of the prisoner in Jail should be good and th...
Talab Umar Bhaya Vs. State of Gujarat
Court: Gujarat
Decided on: Dec-17-1990
Reported in: 1991(54)ELT22(Guj); (1991)1GLR437
J.U. Mehta, J. 1. The petitioner who is the detenu has challenged by way of this petition the order of detention dated 18-2-1989 passed by the Addl. Chief Secretary to Government, Home Department, Gandhinagar in exercise of the powers under sub-section (1) of Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), conferred on him by Government Order dated 12-3-1986, with a view to preventing the detenu from engaging in transporting smuggled goods. The petitioner has also challenged Declaration No. 52/89 dated 9-3-1989 issued under Section 9(1) of the COFEPOSA by respondent No. 4 herein. The grounds of detention dated 18-2-1989 also were served to the detenu along with the materials at the time of the execution of the order. The order was executed on 19-2-1989. 2. The learned Advocate for the petitioner submits that he is challenging before this Court only the declaration issued under Section 9(1) of the COFEPOSA. He submits that t...
Lalitaben Tulsidas Vs. Ahmedabad Municipal Corporation
Court: Gujarat
Decided on: Dec-17-1990
Reported in: I(1991)ACC550; 1991ACJ528
J.N. Bhatt, J.1. The appellant, who is the original applicant, has filed this appeal under Section 110-D of the Motor Vehicles Act, 1939 ('Act' for short hereinafter).2. The present appellant/original applicant filed an application for compensation for the personal injuries sustained by her arising out of a vehicular accident, under Section 110-A of the Act against the present respondent, who is the original opponent. She claimed, initially, an amount of Rs. 9,999/- by way of compensation. The applicant, subsequently, enhanced the claim to Rs. 40,000/- which was again reduced to Rs. 25,000/-.3. The unfortunate accident occurred on 2.5.1978 at about 4 p.m., near Laxminarayan bus stand, in the city of Ahmedabad. The applicant, Lalita, was travelling in the Ahmedabad Municipal Transport Service bus ('AMTS bus' for short hereinafter) No. CTA 8576. When she was getting down from the bus at Laxminarayan bus stand, at that time the driver of the bus all of a sudden started the bus, after hear...
Jay Bharat Saw Mills Vs. Babulal Ambalal Sodh Parmar
Court: Gujarat
Decided on: Dec-17-1990
Reported in: I(1991)ACC663
J.N. Bhat, J.1. By this appeal under Section 30 of the Workmen's Compensation Act, 1923 ('Act' for short, hereinafter), the appellant has challenged the judgment and award passed by the learned Civil Judge (S.D.) and Ex-Officio Commissioner for Workmen's Compensation, at Nadiad, on 30.7.1983, in a N.C. Compensation Case No. 37 of 1982.2. The facts giving rise to the present appeal, may be shortly stated, at the outset3. The present appellant is the original opponent and the present respondent is the original claimant. They are, hereinafter, referred to as original claimant and original opponent for the sake of convenience and brevity.4. The original claimant filed an application for compensation of Rs. 23, 900/- for personal injuries sustained by him while working as a labourer in a saw mill of original opponent. Original opponent was the owner of the saw mill and the original claimant was a labourer of the opponent under the provisions of the Act. The original claimant contended that ...
Gujarat Agro Industries Corporation Vs. Union of India
Court: Gujarat
Decided on: Dec-15-1990
Reported in: 1994(46)ECC300; 1991(54)ELT23(Guj)
Shah, J.1. The petitioner, The Gujarat Agro Industries Corporation Ltd., Ahmedabad, has filed this petition praying that direction given by the Superintendent of the Central Excise, Ahmedabad, by Annexure 'E' dated 14th April, 1980 be quashed and set aside. As per the said direction, the petitioner was directed to apply for Central Excise licence and to clear the goods after payment of Central Excise on the basis that the petitioner was producing compost manure which was excisable and chargeable to Central Excise duty under Tariff Item 68. 2. It is the say of the petitioner that the petitioner is a Corporation registered under the Companies Act and 51% of its shares are owned by Central Government and 49% of its shares are owned by the State Government. To solve the problem of disposal of garbage in the city of Ahmedabad, it was decided that the garbage received from the city and nearby places can be used as compost manure after subjecting the said garbage to natural process. This was ...
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