Gujarat Court February 1994 Judgments
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Gujarat Homeopathic Society Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Feb-03-1994
Reported in: (1994)2GLR1434
A.P. Ravani, J.1. The petitioner is a society registered under the Societies' Registration Act, 1860, and it is also registered under the Bombay Public Trusts Act, 1950. According to the petitioner it runs Homeopathic Medical College and Hospital at Anand. The petitioner prays that the respondent authorities be directed to finalise the land acquisition proceedings in connection with the acquisition of the land for the hospital of the petitioner-Society which was initiated pursuant to notification dated June 10, 1982 issued under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act'), It is also prayed that the respondent authorities be directed to issue notification under Section 6 of the Act pursuant to the notification under Section 4 dated June 10, 1982.2. The petitioner is registered as Society under the appropriate provisions of the Act some time in the year 1971. Earlier in the year 1971 the petitioner applied to the Government for acquiring land for the petitioner-Soc...
Motisinh Kesrisinh Vs. State of Gujarat
Court: Gujarat
Decided on: Feb-03-1994
Reported in: (1994)2GLR1445
K.J. Vaidya, J.1. Petitioner Motisinh Kesrisinh undergoing life imprisonment in Central Prison at Ahmedabad, by this writ petition under Article 226 of the Constitution of India, has brought under challenge the impugned Order dated 27-12-1993, passed by the Inspector General of Prisons, Ahmedabad dismissing his application for first furlough leave, inter alia, praying for quashing and setting aside the same and to grant his due furlough leave forthwith.2. To briefly narrate few relevant facts, the petitioner was convicted under Section 302 of I.P.C. and sentenced to suffer RI for life by the learned Addl. Sessions Judge, Narol by a judgment and order dated 15-2-1981. His appeal against the order of conviction and sentence stands dismissed by this Court and accordingly he is in jail right from the year 1981. It is his further case that during the entire tenure of his imprisonment, he has enjoyed twice parole and once furlough leave. He has also quite fairly stated in the petition that w...
Muljibhai Alias Rakhubhai Sardarsinh Raj and Jiba and anr. Vs. State o ...
Court: Gujarat
Decided on: Feb-02-1994
Reported in: AIR1994Guj145
ORDERA.N. Divecha, J.1. Should a tenant who has surrendered his tenancy rights after 15th June 1955 but before 1st April 1957 under an illegal surrender be deprived deemed purchase of the tenanted land simply on the ground that he had a misfortune to lose his actual possession thereof under such illegal surrender before 1st April 1957? This is the main question arising in this petition under Articles 226 and 227 of the Constitution of India.2. The facts giving rise to this petition are not many and not much in dispute. The predecessor-in-title ('the deceased' for convenience) of the present petitioners was the tenant of one parcel of land bearing Survey No. 1294 admeasuring 2 acres 14 gunthassituated at village Anklav, Taluka Borsad, District Kheda ('the disputed land' for convenience). He was siad to have surrendered it to the predecessor-in-title of respondent No. 2 herein ('the landlord' for convenience). It appears that the surrender was accepted by the Additional Aval Karkoon at B...
Hiraben Mohanbhai Patel and anr. Vs. Hindocha Engineering Co.
Court: Gujarat
Decided on: Feb-02-1994
Reported in: (1994)2GLR1061
C.V. Jani, J.1. This Revision Application under Section 115 of the Code of Civil Procedure arises from the judgment and order of the learned Extra Assistant Judge, Junagadh in Miscellaneous Civil Application No. 10 of 1989 directing the applicants to deposit the entire decretal amount before a particular date, as a pre-condition for condoning the delay of 13 days in filing the appeal.2. The opponent-Hindocha Engineering Company filed Regular Civil Suit No. 526 of 1983 against the applicants for recovering the price of goods sold and delivered to the applicants-defendants. As the applicants-defendants failed to present the written statement even after being served with summons and after getting adjournments from time to time, the learned 2nd Joint Civil Judge (J.D.), Junagadh pronounced the judgment and passed the decree against them on 19-11-1988. The applicants challenged this decree by filing an appeal under Section 96 of the Code of Civil Procedure, but as there was a delay of 13 da...
Maganbhai Parsangbhai Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Feb-01-1994
Reported in: (1994)2GLR977
K.J. Vaidya, J.1. The question which we have been incidentally called upon to decide in this petition is - 'Whether it would be safe, that is to say, in the overall interest of Society, for the authority concerned to grant first parole or furlough leave to the prisoner, without there being any material on the record, either by way of his criminal antecedents prior to his conviction and/ or that about the nature and seriousness of the alleged offence and its attending circumstances for which he was undergoing imprisonment in Jail, in order to enable it to assess his criminal character, in the first place to appreciate the likelihood of his committing same or similar offences and/or in the second place, the probability of his absconding in the event of his release2. The above question arise this-wise. Petitioner-Maganbhai by the present Special Criminal Application under Article 226 of the Constitution of India has challenged the impugned order dated 10-8-1993 passed by the Inspector Gen...
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