Gujarat Court November 1992 Judgments
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State of Gujarat and anr. Vs. Rajesh Builders
Court: Gujarat
Decided on: Nov-09-1992
Reported in: (1993)2GLR1176
J.N. Bhatt, J.1. In the group of these five appeals, purported to have been filed under Section 39 of the Arbitration Act, 1940 ('the Act' for short), following interesting questions have been raised.2. Whether order of the trial Court, directing to remit the question of grant of pendente lite interest to the arbitrator for reconsideration could be challenged by filing an appeal under Section 39 of the Act and that whether the proceedings pending before the trial Court on the date of 12th December, 1991, the day on which the Supreme Court delivered the judgment in the case of Secretary, Irrigation Department, Govt. of India v. G.C. Roy reported in : [1991]3SCR417 , could be said to be pending proceedings under the Act?3. In order to appreciate the merits of the aforesaid two questions which have surfaced in this group of appeals, it would be necessary to set out the relevant resume of facts giving rise to the present appeals.4. The appellants herein are the original respondents and the...
Bhanuben P. Joshi and ors. Vs. Kantilal B. Parmar and anr.
Court: Gujarat
Decided on: Nov-01-1992
Reported in: 1994ACJ714
J.N. Bhatt, J.1. The unsuccessful claimants have challenged the dismissal of their entire claim in Motor Accident Claim Petition No. 217 of 1988 by the Motor Accidents Claims Tribunal (Auxiliary), Sabarkantha, at Himatnagar, by invoking the aid of the provisions of Section 173 of the Motor Vehicles Act, 1988.2. A conspectus of the material facts giving birth to the present appeal may shortly be narrated at the outset so as to appreciate the merits of the claim and challenge against it.3. The accident in question occurred on 10.10.1986 at about 10.00 p.m. The deceased Pranshankar Jayshankar Joshi was travelling as a pillion rider on the motor cycle bearing No. GJU 5872 and driven by one Kantilal Babubhai Parmar, which was proceeding on the highway leading from Ambaji to Modasa. According to the case of the claimants, when the said motor cycle reached near Gajan Bus Stand, on Shamlaji Modasa Highway, at about 10.00 p.m., an unidentified truck dashed against the motor cycle driven by the ...
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