Gujarat Court July 1994 Judgments
Morvi Municipality Vs. Arunodaya Mills Ltd. and anr.
Court: Gujarat
Decided on: Jul-28-1994
Reported in: AIR1995Guj109; (1995)1GLR793
R.K. Abichandani, J.1. The controversy in this appeal revolves around the question whether the suit survey numbers of the respondent No. 1 are situate within or outside the limits of the Morvi Municipality, the appellant.2. Respondent No. 1, original plaintiff, filed a suit for a declaration that the premises of the respondent No. 1 - Mills, bearing Survey Nos. 160/1, 161, 161/1, 162/2, 163/1, 163/2 and 164/1, described in paragraph 4 of the plaint, are not situate within Morvi Municipal and octroi limits and that the Morvi Municipality is not entitled to recover octroi duty, consolidated property tax, education cess, licence fees or other taxes, fees, etc., from the respondent No. 1-plaintiff. It was further prayed that a decree for refund of Rupees 5,25,112.05 be passed in favour of the respondent No. 1-plaintiff and against the appellant- Municipality. A permanent injunction was sought against the Municipality from recovering any octroi duty and other taxes.3. Respondent No. 1-Plain...
Tag this Judgment!Tejalben Sureshchandra Shah and ors. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jul-28-1994
Reported in: (1995)1GLR616
M.S. Parikh, J.1. The five petitioners in Special Civil Application No. 4131 of 1994 have prayed for an appropriate direction to the respondents Nos. 1 and 4 for issuance of 'No Objection Certificates' to the petitioners so as to enable them to obtain admission in 2nd M.B.B.S. course in Smt. N.H.L. Municipal Medical College, Ahmedabad run by the respondent No. 3 through its Dean - respondent No. 2. xxx xxx xxx xxx2. The stand of the Government can be visualised in Civil Application No. 1047 of 1994 in Special Civil Application No. 4131 of 1994 praying for vacating the ad-interim relief granted on 8-4-1994 in favour of the petitioners. Accordingly, in the matters pertaining to the transfer of the students from one college to another college there are statutory rules and the guidelines framed by the Medical Council of India. Such guidelines or rules are statutory in nature and referable to Indian Medical Council Act, 1956. The validity of such guidelines has been upheld by the Hon'ble Su...
Tag this Judgment!Keshavlal Durlabhasinbhai's firm and Anr. Vs. Shri Jalaram Pulse Mills ...
Court: Gujarat
Decided on: Jul-27-1994
Reported in: AIR1995Guj166
ORDERR.A. Mehta, J. 1. The original defendant had challenged the order of the trial court directing the defendant to lead the evidence first.2. The plaintiff, by an application Ex. 24, submitted that the defendant had admitted that the defendant had received delivery of the goods of the plaintiff and part payments were made from time to time and in respect of the balance payment, the defendant had given two cheques. However, those cheques came to be dishonoured. It was also submitted that the defendant had also stated that thereafter certain payments amounting to Rs. 5000/- have been made. It was, therefore, submitted that the onus to prove the defence was on the defendant and, therefore, the defendant should be asked to lead the evidence first.3. The trial court granted that application and directed the defendant to lead theevidence first.4. At the hearing of this revision application, the learned counsel for the petitioner-defendant submitted that the defendant has wholly denied the ...
Tag this Judgment!Rajput Carrier and anr. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Jul-27-1994
Reported in: 1995CriLJ1897
ORDERC.K. Thakker, J.1. Rule. Mr. T.H. Sompura, Assistant Government Pleader appears and waives service of Rule. In the facts and circumstances of the case, the matter is taken up today for final hearing.2. This petition is filed for quashing and setting aside the order dt. September 8, 1992 passed by the Collector, Surat and confirmed by the State Government, on June 9, 1994, by which Tanker of the petitioner No. 1 was ordered to be confiscated to the State.3. It is the case of the petitioners that petitioner No. 1 is the owner of Motor Tanker, bearing No. GJ-6-T-4975. Petitioner No. 2 had taken the said tanker on hire from petitioner No. 1 on a monthly rent of Rs. 10,000/- with effect from July 3, 1991. On November 26, 1991, when the tanker was plied by one Satyanarayansingh, driver engaged by petitioner No. 2, the Flying Squad of the respondent No. 2 intercepted it and on suspicion that it carried diesel oil contrary to law, seized diesel oil as well as tanker. Proceedings were init...
Tag this Judgment!Amreli Municipality Vs. Inspecting Officer (Court Fees)
Court: Gujarat
Decided on: Jul-27-1994
Reported in: (1995)2GLR1904
R.A. Mehta, J.1. The petitioner-Municipality is aggrieved by the order of the trial Court regarding payment of Court fees. The petitioner-Municipality had filed a suit for declaration and injunction that the notice dated May 15, 1990 issued by the Gujarat Electricity Board, was illegal and void and so also the letter dated May 30, 1990 demanding dues and threatening disconnection. By these notices marks 4/3 and 4/5, the defendant-Gujarat Electricity Board had demanded the electricity dues amounting to Rs. 6,96,135.33 on account of street light and Rs. 11,76,461.90 on account of water supply. This demand was also made in the letter dated May 15, 1990 at mark 4/3.2. The suit was valued at Rs. 300/- for the purpose of declaration and injunction and the fixed Court fee of Rs. 30/- was affixed under Section 6 (iv)(j) of the Bombay Court Fees Act.3. The Court Fee Inspector had made an application to the Court which was registered as Court Fee Reference No. 1 of 1990 contending that the suit ...
Tag this Judgment!Thakore Laxamji Vs. District Magistrate and ors.
Court: Gujarat
Decided on: Jul-26-1994
Reported in: 1995CriLJ1193; (1994)2GLR1323
S. Chatterji, J.1. A very short point has arisen in the instant case, which challenges the order of detention dated 23-9-1993 passed by the District Magistrate, Mehsana, under Sub-section (2) of Section 3 of the Gujarat Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as the PASA Act).2. Upon perusal of the materials on record, we observe that in the instant case the detaining authority has clearly forgotten that this country is ruled by laws and not by persons with whims. In a case of detention the detaining authority has to be very cautious and to proceed in accordance with law and in terms of the decisions rendered from time to time by the apex Court of the Country and several High Courts giving specific indication that in a case of detention, where liberty of a person is involved, under Article 22(5) of the Constitution steps should be taken to enable the detenu to take effective steps for filing the representation and there should not be inordinate delay in ...
Tag this Judgment!Kanuji Manaji Thakor Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jul-26-1994
Reported in: (1994)2GLR1354
Susanta Chatterji, J.1. Having heard Mr. Prajapati, learned Advocate for the petitioner and Mr. Shelat, learned A.P.P. for the respondents, it appears that the present Special Criminal Application challenges the impugned order of detention dated 9-9-1993 passed by the Police Commissioner, Ahmedabad City, under Sub-section (2) of Section 3 of the Gujarat Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as the PASA Act) on the grounds as detailed in the annexure alongwith the detention order communicated to the detenu.2. Admittedly, no Affidavit has been filed by the respondent authorities; Apart from all other factors required to be considered, in the instant case, we are shocked and surprised to find that the representation made by the detenu addressed to the Home Minister for necessary consideration was sent through the detaining authority. The same was received by the office of the detaining authority and it was sent to the A.C.P. of the zone concerned, who in ...
Tag this Judgment!Dahyabhai Chhaganbhai Patel and ors. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jul-25-1994
Reported in: AIR1995Guj168
ORDERN.N. Mathur, J. 1. Rule. Mr. R. P. Solanki, learned A.G.P. waives service of Rule on behalf of respondents Nos. 1 and 2. Mr. B. B. Desai, learned counsel waives service of Rule on behalf of respondent No. 4.2. The petitioners are said to be members of the Gram Committee specially constituted for the purpose of representing their matter pertaining to the plots of land allotted by the Government under the scheme of providing land for landless labourers under the Resolution of Pal Gram Panchayat dated 27-6-1989. It is stated that the Government of Gujarat introduced a scheme for providing small plots of land admeasuring 100 sq. yds. each to the landless labourers for the purpose of constructing small houses for dwelling purpose. Acommittee was also constituted to scrutinise the applications. After scrutinising all the applications, the Committee prepared a final list consisting of names of 190 persons. It is also stated that respondent No. 3 Gram Panchayat of Village Pal passed a Res...
Tag this Judgment!Harshadrai P. Dave Vs. Sub-registrar and ors.
Court: Gujarat
Decided on: Jul-25-1994
Reported in: (1994)2GLR1222
R.A. Mehta, J.1. The question that arises before this Full Bench is the interpretation of judgment of another Full Bench in the case of Gorva Vibhag Co-op. Housing Society Association v. State 1992 (1) GLR 654 on the question as to what is that 'reasonable period' under Section 32A(1) of the Bombay Stamp Act, 1958 for initiating action by the registering officer. The said provision did not prescribe any time limit and, therefore, it was contended before the earlier Full Bench that it gave arbitrary powers to the registering authority to initiate proceedings after lapse of reasonable time and to harass the citizens by misusing powers contained in Section 32A. The Full Bench negatived this contention holding that:In our view, this contention requires to be rejected because it is a settled law that the powers under the statutory provisions are to be exercised within the reasonable period.The relevant paragraph of the Full Bench judgment is paragraph 36 which reads as follows:It was also c...
Tag this Judgment!Moti Panchi Nagar Panchayat Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jul-25-1994
Reported in: (1995)1GLR176
C.K. Thakker, J.1. Rule. Mr. N.D. Nanavati, learned Government Pleader appears for the respondents and waives service of rule. In the facts and circumstances of the case, all the matters are taken up for final hearing.2. In all these petitions, common questions of fact and law arise for determination of this Court and it is, therefore, apporpriate to dispose of all the petitions by a common judgment.3. To appreciate the controversy in question, few relevant facts of the main petition (Special Civil Application No. 13651 of 1993) may now be stated.4. This petition is filed by Sutrapada Gram Panchayat through its Sarpanch. In the said petition, the petitioner panchayat has challenged the legality and validity of the notification dated November 2, 1993 (Annexure-A) issued by the State Government in exercise of powers under Section 303-B of the Gujarat Panchayats Act, 1961 (hereinafter referred to as 'the old Act') by which an administrator is sought to be appointed for exercising powers a...
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