Gujarat Court June 1990 Judgments

Rajkumar Motwani and ors. Vs. Dean, Medical College, S.S.G. Hospital, ...

Court: Gujarat

Reported in: AIR1991Guj107; (1991)1GLR259

ORDER1. The petitioners who are medical graduates and who have completed their Internship, have filed this petition for a writ of mandamus directing the respondents namely, the Dean of S.S.G. Hospital, Baroda, Director (Health) in Civil Hospital, Ahmedabad, and the Secretary to the Government at Gandhinagar, to fill in 95 seats in P. G. Studies instead of 78 seats allotted so far. It is their submission that the respondents are not adhering to the ratio laid down in the recommendations by the Medical Council of India for the postgraduate medical education, which have acquired a statutory force. Thus the petitioners' claim revolves around the interpretation of these recommendations.2. However, in the course of hearing the scope of this inquiry was sought to be enlarged, and the learned advocate for the petitioners requested the Court to consider the conflicting demands of (i) medical graduates of 'regular' 'batch passing their degree examination at the end of the regular terms, (ii) oth...

Patel Lalji Devji Vs. State of Gujarat

Court: Gujarat

Reported in: (1990)2GLR1240

C.V. Jani, J.1. In this petition under Article 227 of the Constitution of India (wrongly mentioned as Article 226 of the Constitution of India in the cause title of the petition), the petitioner has challenged the revisional order of the Gujarat Revenue Tribunal in Revision Application No. TEN B. N. 246 of 1977, whereby the Gujarat Revenue Tribunal dismissed the Revision Application on the ground that the petitioner had no right to make any application under Sub-section (1) of Section 8 of the Gujarat Agricultural Lands Ceiling Act, 1960. The facts in brief are as under.2. The petitioner obtained possession of agricultural lands bearing Survey No. 375 admeasuring 5 acres and 10 gunthas and Survey No. 376 admeasuring 20 acres and 2 gunthas under an agreement dated 6-2-1971 from the trustees of Shri Akshar Purushottam Public Charitable Trust which was holding large area of agricultural lands. The Gujarat Agricultural Lands Ceiling Act, 1960 (hereinafter referred to as 'the Act') was enac...

Superintendent of Post Offices Vs. Grahak Parishad

Court: Gujarat State Consumer Disputes Redressal Commission SCDRC Ahmedabad

S.A. Shah, President: (1) This appeal arises out of the order dt. 2.3.1990 passed by Consumer District Forum, Surat in Complaint No. 12 of 1989. (2) The respondent-complainant known as Grahak Parishad is a Consumer Voluntary Association registered under Societies Registration Act, filed a complaint against the appellant post office situated at Sagrampura, Surat. The grievance of the complainant was that, originally the working hours of Sagrampura Post Office was from 7.00 a.m. to 10.00 a.m. and 2.00 p.m. to 6.00 p.m. which was very convenient time to the consumers in past. The post office wanted to change that time from 10.00 a.m. to 6.00 p.m. but on account of the agitation by the consumers, the post office could not do that. This had happened in the year 1988. (3) However, it appears that the post office again changed the working time to 10.00 a.m. to 6.00 p.m. Being dissatisfied with the aforesaid change, the respondent-complainant association filed a complaint before the District F...

Jashbhai Motibhai Patel Vs. Hasmukhbhai Ravjibhai Patel

Court: Gujarat

Reported in: AIR1992Guj115; (1990)2GLR580

ORDER1. In a case under this revision application, the learned Judge trying a summary suit, surprisingly, has undertaken an exercise of comparing the alleged signature of the defendant on the suit promissory note (which itself has been counter-challenged by the defendant to be false, forged and fabricated) along with that of yet another signature of the defendant made on the Vakalatpatra filed by him in order to decide as to whether both these signatures were identical and made by the same and very author viz., the defendant, without raising any 'triable issue' thereupon and permitting the defendant to this ever be done, is a short question, which is being dealt with and answered in this judgment.2. Briefly stated the facts of the case are, respondent-plaintiff filed a money suit, the same being Summary Suit No. 17/82, in the court of the learned Civil Judge (J.D.) Anand (for short trial court) against the plaintiff-defendant praying for the recovery of Rs. 7,080/ -. It was alleged by ...

Kantilal Dhanji Narola Vs. Collector and anr.

Court: Gujarat

Reported in: (1990)2GLR1232

G.T. Nanavati, J.1. Rule. Miss Rekha Doshit, Assistant Government Pleader appears for the respondents and waives service of Rule. With consent of the learned Advocates, this petition has been taken up for final hearing and is being disposed of by this judgment.2. By a notification dated 10-5-1990, respondent No. 1, who is the District Collector, Amreli - the Election Authority, has notified the date of election of Damnagar Nagar Panchayat and fixed dates for various stages of election. The petitioner, who is eligible and qualified for being elected as a member of the Nagar Panchayat, submitted four nomination forms for four different wards before the appointed day. The scrutiny of nominations took place on 25-2-1990. The petitioner's nominations were objected to on the ground that the petitioner had a share or interest in the contract with the Panchayat and thus be is not qualified to be a member of the Panchayat. It is the petitioner's allegation that the Returning Officer, without ho...

Gujarat University Vs. Dr. Sida Nitinkumar Laxmanbhai and ors.

Court: Gujarat

Reported in: (1991)1GLR93

P.R. Gokulakrishnan, C.J.1. Gujarat University and its Selection Committee, respondent Nos. 1 and 2 in the main Special Civil Application no. 3670 of 1990 (Reported in 1990 (2) GLR 808) are the appellants herein. The respondent Nos. 1 and 2 herein are the original petitioners in the Special Civil Application No. 3670 of 1990 praying for issue of a writ of mandamus or any other appropriate writ or direction declaring that the original petitioner No. 1 is entitled to opt for P.G. Medical admission in the general category pool of which he is at merit No. 21. The petitioner No. 1 therein has also prayed for getting the unit of his choice in P.G. Course and has also prayed for giving a direction to the respondent Nos. 1 and 2 in the Special Civil Application to give admission to the petitioner No. 1 therein in the branch which may be available to the petitioner in order of his merit from general category pool in the interviews which were going to be held on the 10th May, 1990. There is a fu...

K.N. Patel Vs. State of Gujarat and anr.

Court: Gujarat

Reported in: (1990)2GLR1311

M.B. Shah, J.1. The petitioner is working as Assistant District Inspector of Land Records which is a Class III post. He has filed this petition challenging the fixation of his seniority. The petitioner was promoted as Maintenance Surveyor with effect from 8th October, 1971. He passed Land Records Qualifying Examination (L. R. Q. E.) in November 1985. It is his say that he was promoted to the next higher post of Sheristedar on 23rd July, 1987. Thereafter how was further promoted to the present post of Assistant District Inpsector of Land Records on 1st October, 1988. By the orders Annexures 'A' & 'B' dated 18th March, 1989 and 10th April, 1989 seniority of certain employees in the cadre of Maintenance Surveyor/Sheristedar was fixed by giving deemed date of promotion on the basis of their seniority in lower cadre by the State Government. He has challenged the said orders Annexures 'A' & 'B'. He has also challenged the order Annexure 'E' dated 23rd June, 1989 rejecting his application by ...

State of Gujarat Vs. Heirs of Ramsinh Laxmansinh and ors.

Court: Gujarat

Reported in: (1990)2GLR1173

A.P. Ravani, J.1. Respondent No. 14-herein filed suit being Regular Civil Suit No. 120 of 1986 in the Court of Civil Judge (J.D.), Rajpipla, inter alia praying that the plaintiff was owner and in possession of the land in question and defendants Nos. 1 to 13 be restrained from receiving amount of compensation or part thereof from the appropriate authority. It is averred in the plaint that the plaintiff had purchased the land of Survey No. 333 admeasuring 5 acres and 36 gunthas of village Shaherav by registered sale deed dated April 11, 1975 for consideration of Rs. 10,499/-. However, in the revenue record the entry has not been mutated in favour of the plaintiff since there was some encumbrance on the land of some co-operative society. The land has been acquired by the Government for the purposes of Karjan Irrigation Scheme. The plaintiff has requested the Land Acquisition Officer not to make payment of the amount of compensation to the defendants. Since the plaintiff apprehended that ...

Shri Rambhai Alias Ramlo Khimchand Vs. the State of Gujarat and anr.

Court: Gujarat

Reported in: 1991CriLJ3159

P.R. Gokulakrishnan, C.J.1. The petitioner has come forward with the present Special Criminal Application for quashing and setting aside the externment orders which are annexures-B & C. The sub-Divisional Magistrate, Veraval issued notice on 5-12-1988 Under Section 56(a)(b) of the Bombay Police Act, 1951 alleging the following acts committed by the petitioner in Hudco Colony, Vivekanand Colony and on the way leading to Hudco Colony situated at the sim of village Dari which are within the limits of Prabhaspatan Police Station.'1. You are forcibly collecting money from the innocent persons by detaining them those who are living in the aforesaid area or persons passing through the way and if they do not pay money, you give threat to kill them.2. You are consuming liquor and under the influence of liquor in public, you are picking up quarrels and committing offences in relation to property and undue liberty with women.3. If any person lodges a case against you, you pressuring him to enter ...

Union Bank of India, Bhavnagar Vs. Narendra Plastics and ors.

Court: Gujarat

Reported in: AIR1991Guj67; (1990)2GLR567

Ravani, J. 1. 'Ethically immoral, legally untenable and pernicious in its practical implications'. If one were to comment up to the judgment and decree under appeal in the aforesaid terms it would be difficult, rather almost impossible, to contradict the statement on any rational and logical grounds. Being aggrieved by such judgment and decree passed by the learned C. J. (S.D.) Bhavnagar, the appellant Union Bank of India, original plaintiff has preferred this appeal.2. The respondents are original defendants. Defendants Nos. I to 3 are principal debtors and defendants Nos.4 to 6 are guarantors. Defendants are business men. Defendants Nos. I to 3 had opened cash credit hypothecation account with plaintiff bank. In this account loan amount sanctioned was to the extent of Rs. 1,75,000 / -. Necessary documents in favour of the bank including hypothecation agreement was executed by the principal debtors. Since the margin was not being maintained, the bank insisted for security and hence th...