Gujarat Court January 1995 Judgments
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Bhikhabhai Shamalbhai Patel and anr. Vs. Urban Land Ceiling Tribunal a ...
Court: Gujarat
Decided on: Jan-12-1995
Reported in: (1995)1GLR536
M.R. Calla, J.1. The petitioner held land in the District of Gandhinagar. The Urbnan Land (Ceiling and Regulation) Act, came into force in 1976 and the petitioner filed Form No. 1 under Section 6 of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as 'the Act') disclosing the total holding of the land. Subsequently for the land bearing No. 371 of village Chandkheda, District Gandhinagar admeasuring 7790 Sq. Mts., the petitioners moved an application under Section 21 of the Act for exemption of the said land for the reason that they wanted to construct dwelling units for the weaker sections of the society. The whole Scheme had been elaborated by the petitioners. It is the case of the petitioners that this Scheme proposed by the petitioners was considered after obtaining the technical opinion. But the respondent No. 2 sent letters to the Government and other authorities inquiring as to whether they require the said land. The Gujarat Housing Board and the Ahmedab...
Dineshkumar Hublal Jaiswal Vs. Commissioner of Police and ors.
Court: Gujarat
Decided on: Jan-11-1995
Reported in: 1995CriLJ4135
K.J. Vaidya, J.1. The petitioner who came to be detained (as a 'bootlegger' on various allegations as stated in detail in the grounds of detention dated 16-3-1994-Annexure-C) under Section 3(1) of the Gujarat Prevention of Anti -Social Activities Act, 1985, by an order dated 16-3-1994, passed by the Commissioner of Police, Ahmedabad, has challenged the same by filing this petition.2. Mr. S. R. Patel, the learned advocate for the petitioner while challenging the impugned order of detention has voiced a serious grievance saying that the representation of the petitioner dated 11-4-1994 addressed to the Chairman P. A. S. A. Advisory Board, Ahmedabad, wherein it was specifically requested to send the same to the State Government appeared to have been not considered by the State Government till today and hence in that view of the matter, to the said extent, the statutory safe-guard provided under Article 22(5) of the Constitution of India stands infringed, violated and accordingly it clearly...
Thakore Shri Chelsinhji Nathusinhji Chauhan Vs. State of Gujarat
Court: Gujarat
Decided on: Jan-11-1995
Reported in: (1995)2GLR1282
B.N. Kirpal, C.J.1. The challenge in this writ petition, when filed, was to the validity of the Gujarat Act No. 8 of 1982 which was enacted with a view to amending some of the provisions of the Bombay Land Revenue Code, 1879 and of the Bombay Land Tenure Abolition Laws. At the time of hearing of this petition, an application was filed seeking amendment of the petition with a view to challenging the provisions of Section 7(3) of the said impugned Act. By way of amendment, it was also sought to be contended that Section 10 of the Bombay Merged Territories and Area (Jagirs) Abolition Act, 1953 (the Jagir Abolition Act for brief) is prospective in nature and as it has been enacted by the said Act No. 8 of 1982 and which Amending Act came into force with effect from 23rd February 1992, therefore, the rights of the petitioner prior to that Act remained unaffected.2. The main reason for filing of this writ petition is that, even after abolition of the Jagirs, the petitioner continued to be in...
Narula Dyeing and Printing Works Vs. Union of India (Uoi) and ors.
Court: Gujarat
Decided on: Jan-10-1995
Reported in: AIR1995Guj185
ORDERR.K. Abichandani, J.1. In this group of matters, the' petitioners -- Industrial units have challenged the action of the State Government taken under Section 5 of the Environment (Protection) Act, 1986 (hereinafter referred to as 'the said Act'), giving directions to them to stop production activities and take necessary steps to make the waste water being discharged by the units to conform to the standards specified by the Gujarat Pollution Control Board and not to restart the production activities without the permission of State Government and Forest and Environment Department. The directions were issued by the Forest and Environment Department of the Government to these three industrial units under the impugned orders dt. 19th October, 1994.2. The petitioner in Special Civil Application No. 12136/ 94 is a partnership firm carrying on business in textile processing and having its unit in the G.I.D.C. Estate zone at Handa, Ahmedabad. The said petitioner had applied for consent of t...
State of Gujarat Vs. Chandubhai Ramjibhai Patel
Court: Gujarat
Decided on: Jan-10-1995
Reported in: 1995CriLJ4082
ORDERJ.N. Bhatt, J.1. Common questions are involved in all these three acquittal appeals against the same respondent-accused and also arise out of the common judgment. Therefore, all the three appeals are disposed of by this common judgment.2. By filing the aforesaid three appeals, the appellant-State has challenged the acquittal judgment and order passed by the learned J.M.F.C. Chikhli, Valsad District in three criminal cases Nos. 412,413 and 414 of 1985. The respondent was the original accused in the aforesaid cases tried by the trial court for the offences punishable under Sections 409 and 477A of the I.P.C. The trial court by the common judgment against the common accused on appreciation of the facts and circumstances, has held on 8-8-1986 that the prosecution has not been able to prove the charges against the accused person. Therefore, the accused was acquitted from the said charges under Sections 409 and 477A of the I.P.C.3. Being aggrieved by the said common judgment and order o...
State of Gujarat Vs. Zaverbhai Kababhai
Court: Gujarat
Decided on: Jan-10-1995
Reported in: 1996CriLJ1296; (1996)1GLR423
ORDERD.G. Karia, J.1. Mr. S.R. Divetia, learned Additional Public Prosecutor, appearing for the petitioner-State requests to convert this application into Criminal Revision Application. Request granted.2. The neat question of law that arises in this Criminal Revision Application is whether the respondent, who was already undergoing a sentence of imprisonment, could be sentenced to suffer the imprisonment imposed on a subsequent conviction concurrently or consecutively.3. The relevant facts giving rise to the petition may be stated thus :-.The respondent- accused was convicted for the offence under Section 376 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for a term of seven years in the Sessions Case No. 29/82 of the Court of the learned Assistant Judge, Rajkot at Gondal. Thereafter, the petitioner was also convicted for the offence under Section 376 of the Indian Penal Code and other offences of the Indian Penal Code in Sessions Case No. 69/82 by the lear...
Ashok Organic Industries Ltd. and anr. Vs. Union of India (Uoi) and or ...
Court: Gujarat
Decided on: Jan-10-1995
Reported in: (1995)2GLR1593
A.P. Ravani, J.1. Petitioner No. 1 is a company incorporated under the appropriate provisions of the Companies Act, 1956. Petitioner No. 2 is a shareholder and Director thereof. Petitioners are engaged in the manufacture of certain chemicals at their factory. In respect of certain goods manufactured and cleared by them, show - cause notice was issued by the Asstt. Collector of Central Excise, Division V. Baroda, demanding an amount of Rs. 47,671.72 ps. (Rupees forty-seven thousand six hundred seventy-one and paise seventy-two only), as the amount recoverable from the petitioners. The Assistant Collector confirmed the demand notice as per his order dated March 26, 1985. Against the said order the petitioners preferred appeal before the Collector (Appeals). In the appeal, the petitioners succeeded. The Collector of Central Excise (Appeals), Bombay, reversed and set aside the order passed by the Assitant Collector and directed to grant consequential relief. As the petitioners were not pai...
Govindbhai Shivlal Desai Vs. V.S. Gadhvi, Collector of Rajkot and anr.
Court: Gujarat
Decided on: Jan-10-1995
Reported in: (1995)2GLR1513
R.K. Abichandani, J.1. The petitioner challenges the order at Annexure 'A' to the petition made on 7-1-1995 which is a Circular issued by the Collector calling the First General Meeting of the Municipality for the election of the President and Vice-President of the Municipality on 11-1-1995 at 4-00 p.m. at the office of the Municipality, under Section 32(1) of the Gujarat Municipalities Act, 1963.2. After a General Election of a Municipality the Collector is required to call the First General Meeting of the Municipality for the determination of the term of the office of the President and Vice-President of the Municipality and for the election of the President and Vice-President. Such meeting is to be called within 25 days from the date on which the names of the Councillors were published in the Official Gazette under Section 6 of the said Act.3. The impugned Circular clearly refers to the provisions of Section 32(1) of the said Act pursuant to which the First General Meeting is convene...
Nadoda Ganesh Punjabhai Vs. State of Gujarat
Court: Gujarat
Decided on: Jan-09-1995
Reported in: AIR1995Guj172
ORDERM.R. Calla, J.1. Heard learned Counsel.2. This Special Civil Application is directed against the order dt. 12-1-82 passed by the Gujarat Revenue Tribunal in Revision Application No. TEN.B.A.1256/80 whereby the Revision Application, against the judgment and order dt. 8-10-80 passed by the Assistant Collector, Dhrangadhra in Ceiling Appeal No. 16/80-81 at dismissing the Appeal against the judgment and order dt. 1-2-80 passed by the Mamlatdar and Agricultural Lands Tribunal (Ceiling), Lakhtar in Ceiling Case No. 84(sic), was dismissed.2A. The petitioner herein held agricultural lands at villages Adalsar. Kadu and Lilapur in Lakhtar Taluka of Surendranagar District. He furnished the particulars of the lands held by him as required under Section 10 of the Gujarat Agricultural Lands Ceiling Act, 1960 (hereinafter referred to as 'the Act'). The Agricultural Lands Tribunal prepared the list under Section 13 of the Act and after holding the inquiry, passed the order dt. 28-2-77 holding tha...
Adarsh Computer Incorporation Vs. Surat Municipal Corporation and ors.
Court: Gujarat
Decided on: Jan-06-1995
Reported in: (1995)1GLR452
M.R. Calla, J.1. Mr. Pranav G. Desai, learned Counsel, waives service of Rule for respondent No. 1 and Mr. A. C. Gandhi, learned Counsel, waives service of Rule for respondents Nos. 2 and 3.2. On the request of the parties and looking to the urgency of the matter, the case was taken up for final disposal today.3. Heard learned Counsel.4. This Special Civil Application has been filed by the petitioner challenging the action of the respondent No. 1 in granting a contract for preparation of the Voters list of Municipal Corporation, Surat to respondents Nos. 2 and 3 for the ensuing municipal elections, which are to be held after February, 1995 as given out by the learned Counsel for the Municipal Corporation, Surat. The petitioner herein has come with a grievance that the said contract has been given by the Municipal Corporation, Surat to respondents Nos. 2 and 3 for preparation of the Voters list without issuing any notice inviting tenders for the year 1995 and this action of the Municipa...
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