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Gujarat Court August 1990 Judgments

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Aug 16 1990

Evergreen Apartment Co-operative Housing Society Ltd. Vs. Special Secr ...

Court: Gujarat

Decided on: Aug-16-1990

Reported in: AIR1992Guj118; (1991)1GLR113

ORDER1. In this petition, purporting to internal and approach roads, street-lighting, be under Article 226 of the Constitution of internal electric fittings, doors and window India, the petitioner Co-operative Society has fittings and plastering and about 60 houses challenged the order Annexure-C dated 30-1- have been occupied since 1987. 1988 passed by the Collector, Surat in Appeal No. 427/87 and the confirming order by the Additional Chief Secretary, Revenue Department, Annexure-B, in Appeal No. 12/88 under the provisions of the Bombay Land Revenue Code and Bombay Land Revenue Rules.2.The petitioner Society was registered on 7th August 1973 . According to the petitioner the land in question bearing Survey No. 159/2 belonged to Ranchhodbhai Pershottamdas, Ishwarlal Pershottamdas and Chhaganlal Pershottamdas jointly. The said Ranchhodbhai Pershottamdas had guaranteed repayment of loan taken by one Laxmiben Chhotabhai of Ambetha, Tal. Olpad who had taken loan from Shri Ambetha Vibhag S...


Aug 10 1990

K.S. Jhala Vs. N.H. Hokabaj

Court: Gujarat

Decided on: Aug-10-1990

Reported in: 1993LC234(Gujarat); 1991(55)ELT176(Guj); (1991)1GLR191

1. The petitioner is the original complainant who has filed this Revision Application from the order passed by the learned Chief Metropolitan Magistrate, Ahmedabad in Criminal Cases No. 461 of 1981. 2. The facts of the present case are that the petitioner filed a complaint against the original accused on 18-4-1981 on the allegations that the accused had contravened the provisions of the Central Excise Act and the Rules because they had evaded the payment of excise duty. Departmental proceedings were held and the show cause notice dated 18-7-1977 was issued to the accused. The accused filed their reply and thereafter adjudication proceedings were held and the adjudication order was passed on 5-5-1980. According to the department, the accused did not file the prescribed D-3 declarations before the Central Excise Authorities within the stipulated time and they had also not made any entry in their statutory record in Form IV in respect of the consignment of the grey power loom fabrics rece...


Aug 10 1990

The State of Gujarat Vs. Uttam Bhikhu Prajapati

Court: Gujarat

Decided on: Aug-10-1990

Reported in: 1992CriLJ626; (1990)2GLR1244

K.J. Vaidya, J.1. This appeal for the enhancement of the sentence arises out of the judgment and order dated 27th April, 1981, rendered in Summary Case No. 4295/80 passed by the learned J.M.F.C. Bulsar, wherein the respondent-accused Uttam Bhi-khu Prajapati, who on pleading guilty to the charge for offences under Sections 65(a) and (e), 66(1)(b) and 81 of the Bombay Prohibition Act, 1949, came to be convicted for the same and was ordered to suffer for each of the offence, R. I. for 15 days and to pay a fine of Rs. 40/- and in default, further R. I. for 10 days. The substantive sentences were ordered to run concurrently.2. Briefly, according to the prosecution, the alleged offence took place on 21st November, 1979, at 16.45 hours near village Sonvadi on National Highway No, 8. On the basis of the secret tip-off, P.S.I. B. P. Sarvaiya along with Panchas and another P.S.I. Thakore intercepted and searched one ambassador car bearing No. MRC-9894 coming from Bombay. It was found that the re...


Aug 09 1990

New India Assurance Co. Ltd. Vs. Ashok Bhai Ranchhod Bhai Patel and or ...

Court: Gujarat

Decided on: Aug-09-1990

Reported in: II(1992)ACC104

R. A. Mehta, J. 1. This group of appeals and cross-objections arise out of the motor accident involving two trucks which collided at cross-roads. The accident occurred on 8.2.1983 at about 8-00 a.m. One truck bearing registration No .GTF 2329 (hereinafter referred to as the 'GTF' truck) was going from Nadiad towards Petlad side, i.e., from north to south and Anr. truck CMP 7727 (hereinafter referred to as 'CPM' truck) was going from Sojitra to Anand side, i.e., from west to east. The accident took place at Bandhani Chokdi. As a result of this accident, 17 persons lost their lives and 20 persons were injured and, there/ore, there are 37 claim cases and there is one claim case for damages with respect to CPM truck against the driver, owner and insurer of GTF truck. In all, there arc 38 claim petitions. Out of 37 dead and injured persons, 35 persons were travelling in the GTF truck and two persons were on the road. One of them died and one received injuries. GTF truck was insured by New I...


Aug 09 1990

New India Assurance Co. Ltd. Vs. Ashokbhai Ranchhodbhai Patel and ors.

Court: Gujarat

Decided on: Aug-09-1990

Reported in: 1992ACJ1102; (1992)1GLR482

R.A. Mehta, J.1. This group of appeals and cross-objections arise out of the motor accident involving two trucks which collided at crossroads. The accident occurred on 8.2.1983 at about 8.00 a.m. One truck bearing registration No. GTF 2329 (hereinafter referred to as the 'GTF truck') was going from Nadiad towards Petiad side, i.e., from north to south and another truck CPM 7727 (hereinafter referred to as 'CPM truck') was going from Sojitra to Anand side, i.e., from west to east. The accident took place at Bandhani Chokdi. As a result of this accident, 17 persons lost their lives and 20 persons were injured and, therefore, there are 37 claim cases and there is one claim case for damages with respect to CPM truck against the driver, owner and insurer of GTF truck. In all, there are 38 claim petitions. Out of 37 dead and injured persons, 35 persons were travelling in the GTF truck and two persons were on the road. One of them died and one received injuries. GTF truck was insured by New I...


Aug 08 1990

Prakashkumar Jayantilal Gandhi Vs. State of Gujarat

Court: Gujarat

Decided on: Aug-08-1990

Reported in: 1992CriLJ462; (1991)1GLR142

S.D. Dave, J.1. In this Criminal Appeal, the appellant-accused Prakashkumar Gandhi challenges the judgment of conviction and sentence pronounced by the learned Additional City Sessions Judge, Ahmedabad in Sessions Case No. 6 of 1984 dated 8-10-84 convicting the appellant-accused for the offences punishable Under Sections 302 & 201 of the Indian Penal Code and sentencing him to the imprisonment for life for the offence punishable Under Section 302 of the Indian Penal Code and to R.I. for 5 years and to fine of Rs. 1000/- in default further R.I. for six months for the offence punishable Under Section 201 of the Penal Code.2. The appellant-accused Prakashkumar Gandhi stood charged for the alleged commission of the offences punishable Under Section 302 read with Section 201 of the Penal Code along with his younger brother, parents and the brother-in-law on the accusation that during the night between 15-7-83 and 16-7-83 they had administered potassium cyanide to the deceased Pravinaben who...


Aug 08 1990

Mangalbhai A. Patel Vs. Gujarat University, Ahmedabad

Court: Gujarat

Decided on: Aug-08-1990

Reported in: AIR1991Guj59; (1991)1GLR221

ORDER1. In this petition under Art. 226 of the Constitution of India, the petitioner prays for a writ directing the respondent University to declare that the petitioner had passed the M.E. Examination in Civil Engineering in First Class.2. According to the petitioner, after having passed Bachelor of Engineering Examination some years back, he joined and registered his name as a postgraduate student with the respondent University on 15th July, 1975. He appeared at the M.E. (Civil) first Semester Examination in November, 1975 and cleared five subjects, but failed in the subject of Physical and Chemical Testing. He passed in this subject in the examination held in the month of May 1976. The petitioner has stated that out of the I 100 marks of the six subjects of the first Semester Examination he had obtained 699 marks, i.e. about 63.6% marks.3. The petitioner thereafter appeared at the M.E. (Civil) Semester 11 Examination in the month of May 1976 and passed the same in four subjects, but ...


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