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Gujarat Court August 1991 Judgments

Aug 29 1991

Fatmabai Ismail and anr. Vs. Mayabai Hirji

Court: Gujarat

Decided on: Aug-29-1991

Reported in: (1993)2GLR1192

J.N. Bhatt, J.1. The petitioners herein have assailed the judgment and decree passed by the learned District Judge, Jamnagar, on July 9, 1979, in Regular Civil Appeal No. 115 of 1976, by invoking the aids of provisions of Section 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 ('the Rent Act' for short hereinafter).2. A conspectus of the salient facts leading to the rise of the present revision may be narrated, at the outset.3. The petitioners herein are the original defendants/tenants and the respondent herein is the original plaintiff/landlord. For the sake of convenience and brevity, they are hereinafter referred to as 'landlord' and 'tenant'.4. The landlord filed Regular Civil Suit No. 399 of 1972 in the Court of the Civil Judge (S D.), Jamnagar, for arrears of rent and for possession on the ground of non-payment of rent, which came to be decreed with costs. The respondent challenged the judgment and decree of the trial Court by filing Regular Civil Appea...

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Aug 28 1991

Dr. Sukumar Mehta Vs. District Registrar, Births and Deaths

Court: Gujarat

Decided on: Aug-28-1991

Reported in: (1993)1GLR93

S.D. Shah, J.1. The petitioner is father of minor child whose birth was registered on 7th August, 1989. At the time of registration in the register kept under the provisions of Registration of Births & Deaths Act, 1969, name of the minor child was stated to be 'SUCHI'. Said child was born on 6th August, 1989 and the birth was registered on 7th August, 1989.2. Thereafter the parents of the child decided to change the name of the minor female child from 'SUCHI' to 'PRACHF. An application was, therefore, submitted along with affidavit to the District Registrar for effecting the change in the name of the child in the said entry from SUCHI to 'PRACHI'. Along with the said application the original birth certificate was a] also produced. After receiving said application they have failed to pass any order thereon and it is such an inaction on the part of respondent-authorities which is under challenge in this petition.3. On Rule Nisi being issued by this Court, Mr. D. K. Trivedi, learned G. P....

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Aug 26 1991

Bhaval Shiva Vs. State of Gujarat

Court: Gujarat

Decided on: Aug-26-1991

Reported in: (1991)2GLR1272

K.J. Dave, J.1. While taking up these 3 Appeals arising out of the judgment of conviction & sentence pronounced by the learned Addl. Sessions Judge (Ld. A.S.J.), Rajkot in Sessions Case No. 10 of 1985 dated 8-8-1985 convicting the appellant accused for the offences punishable under Sections 147, 148, 149 with Section 302 of the Indian Penal Code. We would like to commence writing out brief opinion with the preamble that the judgment under challenge is ex-facie erroneous and that the conclusion are based upon no evidence and that the judgment of convictions could not have been the end product of the judicial process, namely the Sessions trial, before a Sessions Court.Now the brief facts:2. The seven accused persons were put on trial before the learned A.S.J., Rajkot for the alleged commission of the offences punishable under Sections 147, 148, 302, 324 and 323 read with Section 149 of the J.P.C. on the accusation that the 7 accused persons had formed themselves into an unlawful assembly...

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Aug 23 1991

K.S. Unnithan Vs. A.P.C. Techinal Asst. and ors.

Court: Gujarat

Decided on: Aug-23-1991

Reported in: 1(1992)ACC672

J.N. Bhatt, J.1. This appeal is directed against the judgment and award passed by the Motor Accident Claims Tribunal (Auxiliary), Mehsana, on 22nd June 1981, in M.A.C. Petition No. 231 of 1979.2. The appellant herein is the original claimant and respondents herein are the original opponents and they are hereinafter referred to as 'claimant' and 'opponents' for the sake of convenience.3. The claimant filed the aforesaid claim petition for compensation of Rs. 9,999/- under Section 110-A of the Motor Vehicles Act, 1939 ('the Act' for short hereinafter), inter alia, contending that he sustained serious injuries on account of a vehicular accident which occurred on 22nd March, 1979, at about 4 P.M. in the Oil & Natural Gas Commission ('ONGC' for short hereinafter) premises, at Mehsana. As per the case of the claimant, he was on duty as an employee of the ONGC and when he was going out of the office and going towards the main road from the compound of ONGC, on the day of the accident, the Jee...

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Aug 23 1991

Alam YasIn Mirza Vs. V.K. Makwana and ors.

Court: Gujarat

Decided on: Aug-23-1991

Reported in: 1992ACJ148

A.N. Divecha, J.1. The short question arising in this appeal is whether or not the insurance company can escape its liability under the pretext that the insured did not have a valid permit for plying his transport vehicle and that the insured did not have in his possession the certificate of fitness as to its roadworthiness on the date of the accident more particularly when that was found to be the position on the date of issuance of the policy of insurance.2. The facts giving rise to the present appeal may be summarised thus: On 22nd February, 1981, a boy aged about 8 years met with a fatal accident by hit of one truck bearing R.T.O. registration No. GTB 4205 ('the offending vehicle' for convenience) belonging to the appellant and driven by respondent No. 3 at the relevant time. The parents of the deceased victim of the accident filed their claim petition before the Motor Accidents Claims Tribunal (Main) at Surat ('the Tribunal' for convenience) claiming the damages in the sum of Rs. ...

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Aug 23 1991

Gulam YasIn Mirza Vs. Vajesingbhai Kesarsing Makwana and ors.

Court: Gujarat

Decided on: Aug-23-1991

Reported in: II(1992)ACC97; (1992)1GLR133

A.N. Divecha, J. 1. The short question arising in this appeal is whether or not the Insurance Company can escape its liability under the pretext that the insured did not have a valid permit for plying his transport vehicle and that the insured did not have in his possession the certificate of fitness as to its roadworthiness on the date of the accident more particularly when that was found to be the position on the date of issuance of the policy of insurance.2. The facts giving rise to the present appeal may be summarised thus: On 22nd February, 1981 a boy aged about 8 years met with a fatal accident by hit of one truck bearing R.T.O. registration No. G.T.B. 4205 ('the offending vehicle' for convenience) belonging to the appellant and driven by respondent No. 3 at the relevant time. The parents of the deceased victim of the accident filed their claim petition before the Motor Accidents Claims Tribunal (Main) at Surat ('the Tribunal' for convenience) claiming the damages in the sum of R...

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Aug 23 1991

K.S. Unnithan Vs. A.P.C. Technical Assistant and ors.

Court: Gujarat

Decided on: Aug-23-1991

Reported in: 1992ACJ1128

J.N. Bhatt, J.1. This appeal is directed against the judgment and award passed by the Motor Accidents Claims Tribunal (Auxiliary), Mehsana, on 22nd June, 1981, in M.A.C. Petition No. 231 of 1979.2. The appellant herein is the original claimant and respondents herein are the original opponents and they are hereinafter referred to as 'claimant' and 'opponents' for the sake of convenience.3. The claimant filed the aforesaid claim petition for compensation of Rs. 9,999/-under Section 110-A of the Motor Vehicles Act, 1939 ('the Act' for short hereinafter),inter alia, contending that he sustained serious injuries on account of a vehicular accident which occurred on 22nd March, 1979, at about 4 p.m. in the Oil & Natural Gas Commission ('ONGC for short hereinafter) premises, at Mehsana. As per the case of the claimant, he was on duty as an employee of the ONGC and when he was going out of the office and going towards the main road from the compound of ONGC, on the day of the accident, the jeep...

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Aug 22 1991

Gujarat State Road Transport Corporation Vs. Balusinh Nathusinh Parmar ...

Court: Gujarat

Decided on: Aug-22-1991

Reported in: 1992ACJ484; (1991)2GLR645

A.N. Divecha, J.1. By means of this First Appeal, the owner of the offending vehicle has questioned the correctness of the judgment and order passed by the Motor Accidents Claims Tribunal of Sabar Kantha at Himatnagar on 13th May, 1982 in M.A.C. Petition No. 360 of 1981.2. The facts giving rise to the present appeal may be summarised thus:Respondent No. 1 herein in the company of his cousin had been to village Bavasar on 19th March, 1981. They wanted to go to village Nana Chakla therefrom. They thereupon boarded one S.T. bus plying between Himatnagar and Punsari. It bore R.T.O. registration No. GTH 5319. Respondent No. 2 herein was at the steering at the relevant time. In the course of its journey at about 7.30 p.m. in the rim of village Modhuka, Taluka Prantij, it met with an accident with one bullock-cart coming from the opposite direction. The bullock-cart carried in it some corrugated iron sheets. Respondent No. 1 herein was occupying the right side window seat at the relevant time...

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Aug 22 1991

Khimiben Vs. State of Gujarat and anr.

Court: Gujarat

Decided on: Aug-22-1991

Reported in: 1992CriLJ1994

ORDERK.J. Vaidya, J. 1. Khimiben Arjanbhai -- the mother of the unfortunate deceased Rasilaben, who allegedly came to be roasted alive by her husband Ukabhai alias Haribhai, has by this Misc. Criminal Application Under Section 482 of the Code of Criminal Procedure 1973, moved this court praying for quashing and setting aside the impugned judgment and order dated 9-7-1991 passed by the learned Sessions Judge, Kutch at Bhuj, granting anticipatory bail of the respondent-accused.2. According to the FIR filed by the petitioner-Khimiben, the incident in question wherein her daughter Rasila was burnt alive by her husband Ukabhai -- the respondent herein, within four weeks of her marriage, took place at 8-30 a.m. on 14-6-1991 at the residence of her in-laws at village Shinay, Taluka -- Anjar. According to the petitioner, the deceased Rasila who married on 17-5-1991 to the respondent who was graduate in Civil Engineering. At the time of her marriage, whatever possible within the financial means...

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Aug 22 1991

Gujarat State R.T.C. Vs. Balusinh Nathusinh Parmar and anr.

Court: Gujarat

Decided on: Aug-22-1991

Reported in: II(1992)ACC157

A.N. Divecha, J. 1. By means of this First Appeal the owner of the offending vehicle has questioned the correctness of the judgment and order passed by the Motor Claims Tribunal of Sabarkantha at Himatnagar on 13th May, 1982 in M.A.C. Petition No. 360ofl981.2. The facts giving rise to the present Appeal may be summarised thus:Respondent No. 1 herein in the company of his cousin had been to village Bavasar on 19th March, 1981. They wanted to go to village Nana Chakla therefrom. They thereupon boarded on S.T. Bus plying between Himatnagar and Punsari. It bore R.T.O. Registration No. GTH S319. Respondent No. 2 herein was at the steering at the relevant time. In the course of its journey at about 7-30 p.m. in the sim of village Modhuka, Taluka Prantij is met with an accident with one bullock cart coming from the opposite direction. The bullock cart carried in it some corrugated iron sheets, Respondents No. 1 herein was occupying the right side window seat at the relevant time. As a result ...

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