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Gujarat Court January 1991 Judgments

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Jan 11 1991

Aher Devsi Natha and ors. Vs. Rathiban Nathubhai and anr.

Court: Gujarat

Decided on: Jan-11-1991

Reported in: (1991)2GLR1281

J.N. Bhatt, J.1. This Special Criminal Application raises the following two interesting question pertaining to the right to claim maintenance by the mother:1. Whether the step mother is included within the expression of 'mother' as envisaged under the provision of Section 125(1)(d) of the Code?2. Whether the mother is entitled to have maintenance from her stepsons despite the fact that her real sons are able to maintain her?2. In order to appreciate the aforesaid two points, it would be necessary to set out the relevant and material facts, at this stage.3. The petitioners are the sons of one late Nathu Arjan, Respondent No. 1 Rathiben is the step mother who is the original applicant. Respondent No. 1 (mother) initiated the proceedings for maintenance by filing Cri. Misc. Application No. 285 of 1983 by invoking the aids of the provisions of Section 125 of the Criminal Procedure Code, 1973 (hereinafter referred to as 'the Code') in the Court of the learned Judicial Magistrate (First Clas...


Jan 10 1991

Soni Bhagwandas Narbheram Vs. Binduben Gulabrai and anr.

Court: Gujarat

Decided on: Jan-10-1991

Reported in: (1991)2GLR796

J.N. Bhatt, J.1. The present revision petition is directed against the judgment and order passed by the learned Additional Sessions Judge, Jamnagar on 26-7-1983 in a Criminal Appeal No. 47 of 1982.2. The material facts giving rise to the present Revision may be stated at the outset:3. The petitioner herein is a goldsmith carrying on business in the name of Choksi Bhagwandas and Vrajlal Brothers at Jamnagar from whom gold ingot weighing 22 grams had been seized pursuant to an offence registered with Crime Register No. 76 of 1981. The opponent No. 1 herein is the original complainant who had filed criminal complaint under Section 379 of the Indian Penal Code for theft of her ornaments and clothes against one Ranjanben Laxmishankar on 25-1-1981.4. Pursuant to the complaint, investigation was carried out and in course of the investigation, the muddamal gold ingot weighing 22 grams alleged to be stolen by the accused from the complainant had been recovered from the petitioner herein. Panchn...


Jan 10 1991

Balvantrai Tulsidas and ors. Vs. State of Gujarat and anr.

Court: Gujarat

Decided on: Jan-10-1991

Reported in: (1991)2GLR798

G.T. Nanavati, J.1. The common question which arises in both these petition is whether the Gujarat Education Cess (Validation) Act, 1977, which came into force on 24th January, 1978 is a valid piece of legislation. Therefore, at the request of the learned Advocates appearing in these petitions, they are heard together and they are now disposed of by this common judgment.2. Special Civil Application No. 2063 of 1978 is filed by owners of lands and buildings situated within the urban area of Junagadh Nagar Palika (now Municipality). Till April 1, 1975, Junagadh Municipality had not levied property tax on the lands and buildings situated within its area. It appears that pursuant to the direction given by the State Government under Section 15(1) of the Gujarat Education Cess Act, 1962 to the Collector of Junagadh, steps were taken by the Collector for collecting the education cess. Pursuant thereto the Mamlatdar, Junagadh issued demand notices in March and April 1978. Those notices were ch...


Jan 09 1991

Parsottambhai Parmabhai Vs. Shivanand Jha, D.S.P., Kheda

Court: Gujarat

Decided on: Jan-09-1991

Reported in: (1991)2GLR1265; (1992)IILLJ709Guj

1. This petition under Art. 226 of the Constitution of India is filed by the petitioner for an appropriate writ, direction or order quashing and setting aside an order of suspension dt. August 20, 1990, Annexure 'A' to the petition passed by the District Superintendent of Police, Kheda-respondent herein. 2. It is the case of the petitioner that he is serving as Armed Police Constable. According to him, a First Information Report (FIR) was filed by one Surajben, wife a Nanjibhai Punjabhai before Kapadvanj (Rural) Police Station on August 9, 1990. In the said First Information Report, it is alleged by her that a number of persons had committed various offences mentioned in the said complaint. The petitioner - Parsottambhai is one of them. 3. It is the case of the complainant in the FIR that the accused persons had committed offences punishable under Secs. 147, 148, 149, 354, 323, 504 and 506 of the Indian Penal Code read with Section 135 of the Bombay Police Act, 1951 (herein referred to...


Jan 09 1991

Labhshanker Jiverambhai Vs. Managing Director, Reliance Industries Ltd ...

Court: Gujarat State Consumer Disputes Redressal Commission SCDRC Ahmedabad

Decided on: Jan-09-1991

S.A. Shah, President: 1. The complainant is a fixed deposit holder issued by the first opponent Reliance Industries Ltd., Opposite Party No. 2 is the financial consultant through whom the complainant had got his amount deposited by way of fix deposit. 2. The complainant has alleged that Reliance Industries Ltd., had issued Right Shares @ Rs. 60/- each. It is further alleged that the opposite party had promised to give such 50 shares at the premium of Rs. 50/- to deposit holders also. 3. The complainant has relied upon a registered letter dated October 14,1989, written to him by the Opposite Party No. 2 in reply to the notice served by the complainant and the complainant relied upon following observations appearing in the said letter : The preferential allotment of shares was issued by the company and the forms for such preferential allotment were also issued by the company through our offices and we were only helping them in collecting applications forms received from the deposit hold...


Jan 08 1991

Harisinh Pratapsinh Chavda Vs. Chimanbhai J. Patel and ors.

Court: Gujarat

Decided on: Jan-08-1991

Reported in: AIR1991Guj115; (1991)1GLR667

ORDER1. This petition is filed by the petitioner who is the Chairman in the Gujarat Water Supply and Sewerage Board, Gandhinagar for an appropriate writ, direction or order for a declaration that the respondents have no jurisdiction to ask for resignation of the petitioner from the post of Chairman of the Board and permanently restraining them from shortening or curtailing his tenure before 3 years.2. The petitioner was appointed as the Chairman of the Gujarat Water Supply and Sewerage Board (hereinafter referred to as 'the Board) under S. 4(1) of the Gujarat Water Supply and Sewerage Board Act, 1978 (hereinafter referred to as 'the Act') by the Government of Gujarat vide Government Notification dated August 20, 1990, the terms and conditions of which are laid down in Government Notification dated September 10, 198 1. It is the case of the petitioner that he took over the charge of the office of the Chairman of the Board on August 21, 1990. According to the petitioner, he has been disc...


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