Gujarat Court December 1995 Judgments
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Vipra Cabharubhai Bhanji Vs. Sanghavi Harilal Chhaganlal
Court: Gujarat
Decided on: Dec-12-1995
Reported in: (1996)2GLR338
S.D. Shah, J.1. This Second Appeal under Section 100 of C.P. Code is directed against the judgment and decree passed by Civil Judge (J.D.), Rajula dated 10th September 1979 in Regular Civil Suit No. 55 of 1971 and further confirmed in Regular Civil Appeal No. 99 of 1979 by the Assistant Judge at Amreli by judgment and decree dated October 23, 1981.At the time of admitting this appeal the learned single Judge of this Court formulated following two substantial questions of law which in his opinion are involved in this Second Appeal1. Whether the agreement dated 6-2-1988 is specifically enforceable?2. Whether the plaintiff (respondent No. 1) is entitled to any of the reliefs prayed for in the suit?2. At the final hearing of this Second Appeal, Mr. P.M. Raval, learned Counsel appearing for the appellant-defendant No. 1 has also raised additional substantial question of law to the effect that in view of the provisions of Benami Transactions (Prohibition) Act, 1988, the suit of the responden...
Chhotubhai H.L. Patel Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Dec-08-1995
Reported in: AIR1996Guj201
ORDERS.K. Keshote, J. 1. Heard the counsel for the parties. The petitioner made application on 20th March, 1981 to respondent No. 2 for grant of Samman Pension as provided under the Swatantrata Sainik Samman Pension Scheme, 1980 which was formerly known as Freedom Fighters' Pension Scheme, 1972. The petitioner claimed Samman Pension on the basis of his underground activities for more than six months. Copy of the Swatantrata Sainik Samman Pension Scheme, 1980 has been produced by the petitioner at Annexure-F to the petition. A copy of the application submitted by him has also been produced at Annexure-A to the petition. In support of his claim the petitioner filed affidavits of veteran freedom fighters, copies of which have been submitted along with the writ petition. These are affidavits of Shri Jugatrambhai Chimanlal Dave, Shri Kikubhai Jagannath Pathak and Shri Makanjibhai Patel. This application filed by the petitioner has been forwarded by respondent No. 2 to respondent No. 1. Alon...
Veetrag Holding Co. Ltd. Vs. Gujarat State Textile Corporation Ltd.
Court: Gujarat
Decided on: Dec-08-1995
Reported in: (1996)3GLR536
H.L. Gokhale, J.1. The appellant herein has filed this Appeal being aggrieved by the order passed by the learned Judge of the City Civil Court, Ahmedabad, below application for interim injunction (Exhibit 5) in Civil Suit No. 4673 of 1995 rejecting the application. The respondent herein is a Government company registered under the Companies Act. The Gujarat Closed Textile Undertakings (Nationalisation) Act, 1986 ('the Act' for brevity) came into force on 8-11-1985. The suit properties originally belonged to New Swadeshi Mills of Ahmedabad Limited. The same came to be vested in the Gujarat Government and then in the respondent-Corporation immediately on the above Nationalisation Act coming into force. The respondent had invited offers for the sale of the suit land admeasuring 2,41,875 sq. metres. The respondent had taken over the said Mill in accordance with the provisions of the Act, since the Mill was in financial difficulties and now it is the respondent itself which is in financial ...
Suryakumar S. Thaker Vs. District Development Officer
Court: Gujarat
Decided on: Dec-08-1995
Reported in: (1996)2GLR36
C.K. Thakker, J.1. This petition is filed by the petitioner against an order of suspension. The case of the petitioner is that he is in the employment of the respondents since 1969 as Additional Assistant Engineer. On certain allegations of illegalities and irregularities, alleged to have been committed by him in the year 1983, he was placed under suspension by an order dt. September 19, 1994. That order was passed by the District Development Officer, Mehsana, respondent No. 1 herein.2. Being aggrieved by the said order, the petitioner approached this Court by filing Special Civil Application No. 11502 of 1994. It came up for hearing before my learned brother M.R. Calla, J. on October 6, 1994. After hearing the learned Counsel for the petitioner, the Court passed the following order:Heard the learned Counsel for the petitioner. Special Civil Application is directed against the order of suspension dated 19-9-1994. It is not in dispute that the suspension order is appealable. Learned Cou...
Harshadrai Shantilal Shah and anr. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Dec-07-1995
Reported in: (1996)2GLR375
R.K. Abichandani, J.1. Leave to amend. Permitted to place impugned order dated 11-7-1995 on record as part of Annexure 'A' to the petition.Rule. Mr. Dhaval Dave, learned Assistant Government Pleader waives service of rule on behalf of respondent No. 1 - State. Mr. J.R. Nanavati, learned Advocate waives service of rule on behalf of respondent No. 2 - University. Mr. Y.S. Lakhani, learned Advocate waives service of rule on behalf of respondent Nos. 3, 12 and 14. Mr. V.H. Patel, learned Advocate waives service of rule on behalf of respondent No. 10. The learned Counsel for the petitioners craves leave to delete respondent Nos. 4 to 9, 11, 13, IS and 16. These respondent Nos. 4 to 9, 11,13, 15 and 16 are permitted to be deleted. At the request of the learned Counsel appearing for these parties, the matter is finally heard and is being disposed of.2. The petitioners who were nominated by the State Government as members of the Senate under the provisions of Section 16(1) - Class II(B) of the...
Keshavlal Valjibhai Thakkar and ors. Vs. Government of Gujarat and ors ...
Court: Gujarat
Decided on: Dec-07-1995
Reported in: (1996)2GLR313
B.C. Patel, J.1. In these petitions, the petitioners have challenged the notifications, declaring certain areas as 'transitional areas' and 'smaller urban areas.'With regard to Mehmedabad Nagar Panchayat, under Section 5 notification No. KV-154 of 94-NPL-4593-3564-M, under Section 266-B(d) notification No. KV-240 of 94-NPL-4593-3564-M and under Article 243-Q, notification No. KV-73 of 94-NPL4593-3504-M are issued by the State Government which are challenged in Spl. C.A. No. 5774 of 1994.With regard to Lunawada Nagar Panchayat, under Section 5 notification No. KV-157 of 94-NPL-4593-3564-M, under Section 266-B(d) notification No. KV-243 of 94-NPL-4593-3504-M and under Article 243-4, notification No. KV-73 of 94-NPL-4593-3504-M are issued by the State Government which are challenged in Spl. C.A. No. 5775 of 1994.With regard to Kheda Nagar Panchayat, under Section 5 notification No. KV-104 of 94-NPL-4593-3564-M, under Section 266-B(d) notification No. KV-191 of 94-NPL-4593-3594-M and under...
Vijaysing Dharamdas Thakar Vs. State of Gujarat
Court: Gujarat
Decided on: Dec-06-1995
Reported in: 1996CriLJ2932; (1996)3GLR529
H.R. Shelat, J.1. Delivering the judgment and order dated 20th November 1987, in Sessions Case No. 147 of 1986 on his file, the then learned Additional Sessions Judge at Surat, convicted the appellant of the offence under Section 302, Indian Penal Code, and sentenced him to life imprisonment, consequent upon which the present appeal has been preferred.2. In short, it is the case of the prosecution that Ramdas Ojabhai, the deceased, was the brother-in-law (Banovi) of the appellant. The deceased was said to have illicit relations with the appellant's wife. As the appellant was under the impression that his wife and the deceased had carnal relations, he was afflicted and chagrined. He had hence developed an ill-bred retaliatory whims. He was therefore hovering as he wanted to get rid of such plaguy unchaste affairs. On 16th June 1986 at 8.30 p.m. at Mubarakpur when the deceased was going to tether his goat i n the house of Emlo, the appellant armed with an axe, ran amok (sic) on the decea...
Savitaben Balkrishna Maniar Vs. Ajanta Estate Agency and ors.
Court: Gujarat
Decided on: Dec-05-1995
Reported in: (1997)1GLR122
S.K. Keshote, J.1. Heard learned Counsels for the parties. This Civil Revision Application is directed by the petitioner against the order dated 1-2-1994 passed by the Second Joint Civil Judge (S.D.), Junagadh. Under the order dated 1-2-1994, the petitioner herein was directed to be joined as defendant No. 7 in Spl. Civil Suit No. 73 of 1988 filed by the plaintiff-opponent No. 1 herein.2. The learned Counsel for the petitioner contended that the petitioner is neither a necessary nor a proper party to the suit and as such, the learned trial Court has committed serious error of jurisdiction in passing the impugned order. It has next been contended that merely because the opponent No. 1 is desirous of filing application for attachment before judgment of the property of the petitioner, on this ground alone, the trial Court could not have impleaded the petitioner as party to the suit. On the other hand, the learned Counsel for the respondents contended that the petitioner is a necessary par...
Gandhi Prakashchandra Harikrishna Vs. Gujarat State Road Transport Cor ...
Court: Gujarat
Decided on: Dec-04-1995
Reported in: (1996)2GLR546; (1997)ILLJ99Guj
M.R. Calla J.1. Rule. Mr. Y.N. Ravani' waives service of rule on behalf of the respondents. This Special Civil Application is directed against the order dated 20.01.1994 passed by the Conciliation Officer and the Assistant - Labour Commissioner, Bharuch, under Section 33(2)(b) of the Industrial Disputes Act, 1947 2. The petitioner herein was working as driver (Badii Worker) at Jhagadia Bus Depot under Bharuch district. From which date the petitioner was working as such and on which date he was appointed as such has not been given out in the petition. It is the petitioner's case that he was served with a show cause notice alleging certain misconduct against him for remaining absent on several days without leave and thus he faced the inquiry on the allegation of unauthorised absence. The charges were framed against the petitioner on 15.09.1992. The petitioner did not remain present before the Inquiry Officer. The charges were found to be proved against the petitioner by the Inquiry Offic...
Harish Anand Vs. Union of India and ors.
Court: Gujarat
Decided on: Dec-04-1995
Reported in: (1996)1GLR197
J.M. Panchal, J.1. By means of filing this petition under Article 226 of the Constitution, Harish Anand-detenu herein is seeking to challenge the order of detention dated January 17, 1995 issued by respondent No. 3, i.e., Additional Chief Secretary to Government of Gujarat, Home Department (Spl.), under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 ('the Act' for short) and prays to issue a writ of habeas corpus directing his release after quashing the detention order.2. The order of detention was executed on January 30, 1995. The communication dated January 17, 1995 which was served on the petitioner at the time of his detention intimated to him the following grounds on which the order of detention was made by the respondent No. 3:(i) On December 15, 1993, the vessel MSV-AL-BILAL/PBR- 273 arrived at Bedi Port, Jamnagar with cargo of wet dates. The usual customs formalities were completed and cargo of wet dates was unloaded. In th...
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