Gujarat Court April 1994 Judgments
Swet Rajhansh Co-operative Society Ltd. Vs. Surat Municipal Corporatio ...
Court: Gujarat
Decided on: Apr-30-1994
Reported in: AIR1995Guj60; (1994)2GLR1553
ORDERB.N. Kirpal, C.J. 1. The petitioner herein had filed a suit before the Civil Judge (Junior Division), Surat, for an injunction, to restrain the respondent from demolishing any construction, which had been raised by the petitioner, on a land situated within its jurisdiction.2. According to the petitioner, which is a Co-operative Housing Society, it had purchased plot No. 45 in T.P. Scheme No. 4, which was in Katargam in Survey No. 359/2 from Dhirajlal Gandhi, Pankajkumar Gandhi and Ajayakumar Gandhi. Price of Rs. 48,999/- was stated to have been paid to the said sellers and possession of a part of the land had been taken. It was further alleged that the plaintiff had obtained approval of the Lay Out plan of the defendant on 3rd of April, 1970 and the plan regarding construction was also approved by the respondent on 3rd Nov. 1972. The allegation of the petitioner herein was that when construction was started at the site, the original owners got an injunction issued against the plai...
Tag this Judgment!Probir Ghosh and ors. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Apr-30-1994
Reported in: 1995CriLJ2883
ORDERA.P. Ravani, J.1. The petitioners are the original accused of Criminal Case No. 769/90 of the Court of Metropolitan Magistrate, Ahmedabad. Respondent No. 2 original complainant filed complaint against the petitioners accused on March 21, 1990. The complainant alleged that he was carrying on business as sole proprietor in the name of Tapama (India) Laboratories at Ahmedabad; that he was dealing in sales and purchase of different chemical materials; that accused were also dealing in the same articles; that accused were in charge of the affairs of the company called Ortho Pharma Private Limited; that the accused had placed orders of different chemical materials by representing and making and giving an explicit undertaking, promise and assurance to the complainant that they would first give a trust and promise in writing of having accepted the Hundi for the value of the invoice of goods to be delivered to them and a promise and acknowledgment that they would deposit in their Bank with...
Tag this Judgment!Savitaben Ramanlal Shah (Since Deceased) Through Her Heirs and Lrs. Vs ...
Court: Gujarat
Decided on: Apr-30-1994
Reported in: (1995)1GLR555
R.A. Mehta, J.1. The petitioner-original landlord had sought eviction on the ground of alternative suitable accommodation under Section 13(1)(1).2. Both the Courts have found against the petitioners-landlord on the ground that the acquisition of alternative suitable accommodation is by the wife and not by the tenant-husband. There is no difficulty about this finding of fact. The lower appellate Court, which refusing the decree, observed as under:xxx xxx I am conscious of the injustice in this particular case. In this case, there is a bungalow in Ashutosh Society in Karelibaug and there are alternative premises acquired just apposite this premises in the same area, but they are with the wife and the husband and members of this family seem to be comfortable, using the premises in Kharchikar Khancha. But the fact remains that this cannot be regarded as tenant's premises.xxx xxx xxxThe is not in any way to justify the refusal of the tenant to vacate this premises. In my view, once the tena...
Tag this Judgment!Mr. Nayak, Branch Manager, Bombay Mercantile Co-op. Bank Ltd. and ors. ...
Court: Gujarat
Decided on: Apr-30-1994
Reported in: (1995)1GLR690
K.J. Vaidya, J.1. Two petitioners herein, by this Misc. Criminal Application under Section 482 of the Code of Criminal Procedure, 1973 [for short 'Code] have moved this Court, inter alia, praying for quashing and setting aside the impugned judgment and order dated 7-1-1993, rendered in Criminal Case No. 4 of 1992 by the learned J. M F. C, Vadodara. This order came to be passed on the basis of the complaint filed by the respondent No. 1 against the petitioners for the alleged offences punishable under Sections 406 and 114 of the I.P.C., whereby the learned Magistrate ordering inquiry to be held under Section 202 of the Code, directed the complainant to keep his witnesses present before the Court on 30-1-1992.2. According to the complainant - Rahul Kanubhai Aashar, he had taken a loan of Rs. 10,000/- from Bombay Mercantile Co-operative Bank at Vadodara, against the gold ornaments of his wife and despite the fact that he had re-paid the entire outstanding dues with interest in the said re...
Tag this Judgment!Charity Commissioner Vs. Nagarbhal Madhavdas and ors.
Court: Gujarat
Decided on: Apr-30-1994
Reported in: (1994)2GLR1089
M.S. Parikh, J.1. The petitioner has challenged a in Misc. Civil Application No. 30 of 1992 under Section 56(A)(1) of the Bombay Public Trusts Act.2. The Trust known as 'Sidheshwar Mahadev' at village Pirojpur is a public trust registered under the provisions of the Bombay Public Trusts Act, 1950 (for short 'the Act'). Mr. Mohanlal Pranshanker Vyas, Mr. Kuberlal Jetharam Vyas and Mr. Ramnarayan Maganlal Vyas were appointed trustees of the said Trust. They submitted their resignations as trustees and thereafter village people appointed new trustees. It has also been decided by the village people to appoint new trustees by the village people themselves. The change report was submitted before the Charity Commissioner and by order dated 23-4-1992 the Charity Commissioner directed the trust to obtain approval from the Court. In view of such a direction, the trust moved an application being Misc. Civil Application No. 30 of 1992 before the learned District Judge at Mehsana, who transferred t...
Tag this Judgment!State of Gujarat Vs. Patel Parshottambhai Kukabhai and ors.
Court: Gujarat
Decided on: Apr-30-1994
Reported in: (1994)2GLR1125
M.B. Shah, J.1. These petitions are filed by the State of Gujarat through the Inspecting Officer, Court-Fees, Bhavnagar, against the judgment and order dated 28th September, 1990 passed by the Civil Judge (J.D.) Savarkundla in Court-Fee Reference No. 1 of 1989 & others. It is the contention of the petitioner that on the suits filed against the Gujarat Electricity Board and its officers by various plaintiffs (opponent No. 1 in each of these revision applications) they have not paid proper Court-fees. It was pointed out that the suits were filed by affixing fixed Court-fee stamp of Rs. 30/- as provided under Section 6(4)(j) of the Bombay Court-fees Act, 1959 and not on ad valorem basis. Those Court-fee References were rejected by the learned Judge after appreciating the contents of the plaint. He arrived at the conclusion that at no point of time the plaintiffs expressly or impliedly have prayed that the defendants were not entitled to disconnect the electric connection on the ground tha...
Tag this Judgment!Dahyabhai Kalubhai Solanki Vs. Kashiram Textiles Mills Pvt. Ltd. and o ...
Court: Gujarat
Decided on: Apr-29-1994
Reported in: (1994)2GLR1166
S. Chatterji, J.1. This revision application arises out of the order dated 20th July, 1993 made by the learned Chief Metropolitan Magistrate, Ahmedabad, in Criminal Case No. 348 of 1990 discharging the accused without framing the charges. Being aggrieved and dissatisfied with the impugned order, the original complainant has come to this Court inter alia contending that the learned Magistrate has passed the order which is contrary to law and there is material irregularity and illegality in the exercise of the jurisdiction by the learned trial Magistrate.2. It is contended in detail that a notice was issued to the respondent No. 1 for the alleged violation of provisions of Sees. 24, 25 and 26 of the Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as 'the Act'). By the impugned order the learned Magistrate had been pleased to hold that the taking of samples of effluent was not proper and in the manner as provided under Section 21(2) of the Act and for contra...
Tag this Judgment!J.V. Ganatra Vs. Rameshchandra Nathalal Machchhar
Court: Gujarat
Decided on: Apr-29-1994
Reported in: (1994)2GLR1136
K.J. Vaidya, J.1. Whether on the presentation of a cheque drawn by a person no less than an Account-holder himself, if the same is dishonoured by the Bank with an endorsement 'Refer to drawer' despite the availability of sufficient balance in the account to honour the same, the said act of 'Refer to drawer' can be said to be an offence of defamation lowering the esteem of the drawer of the cheque in the eyes of the drawee, in particular, and the person who went to encash the same, and member of the public in general, who came to know about the same? This in short, is the important question which arises for consideration in the context and background of the following facts.2. To state few relevant facts as far as they are necessary to decide the question raised above respondent No. 1-Rameshchandra Nathalal Machchhar, partner of Messrs J.P. Fabrics, Jetpur, filed a Criminal Complaint before the learned J.M.F.C., Jetpur, being Criminal Case No. 1208 of 1990 against the petitioner J.V. Gan...
Tag this Judgment!Rathod Jahabhai Dangarbhai and ors. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Apr-28-1994
Reported in: (1995)1GLR427
S.D. Shah, J.1. This group of petitions is filed by various petitioners from number of districts for issuance of direction to the respective Panchayats to operate the select list for the post of Gram Sevak (Multipurpose) or Gram Sevak (Training & Visit), as the case may be, and to appoint them on such post pursuant to their selection and inclusion of their names in the select list duly prepared. They have also prayed for writ of Certiorari or any other appropriate writ or direction quashing and setting aside the resolution or circular issued by the State Government whereby it has directed the concerned Panchayat to hold fresh selection for the post of Gram Sevak (Multipurpose)/Gram Sevak (Training & Visit) and not to make any appointment to said posts based on existing select list. xxx xxx xxx4. Petition-wise position of respective Panchayat, number of vacancies, notification thereof, preparation of select list and actual appointment of candidates is stated hereunder in a tabular form:...
Tag this Judgment!State of Gujarat Vs. Narendrasinh Lakhubha and ors.
Court: Gujarat
Decided on: Apr-28-1994
Reported in: (1994)2GLR1450
K.J. Vaidya, J.1. This appeal by the State of Gujarat is directed against the impugned judgment and order dated 10th April, 1986 passed by Mr. P. M Vyas, learned J.M.F. C, Jam-Jodhpur, wherein respondent-Narendrasinh Lakhubha and two others who came to be tried on the charge of obstructing one Jayantibhai Patel, a Ticket-Checker in State Transport Bus on duty and causing injury to him for the alleged offences punishable under Sees. 323, 332, 186, 504 and 34 of the I.P. C, were ordered to be acquitted in the midst of the trial by arbitrarily closing the prosecution evidence, denying the prosecution its precious right to examine the material witnesses and thereby bring home the charge against the accused persons2. On perusal of the record and proceedings, it appears that the alleged offence took place on 5-9-1986 at 11-45 hours at Jam-Jodhpur in a bus. The charge-sheet in the said regard was filed on 11-11-1986. Thereafter, the charge Exh. 18 was framed and plea of the accused pursuant t...
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