Gujarat Court March 1995 Judgments
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Shakti Auto Garage and ors. Vs. the Assistant Regional Transport Offic ...
Court: Gujarat
Decided on: Mar-09-1995
Reported in: AIR1996Guj54; (1995)2GLR1137
ORDERJ.N. Bhatt, J.1. The petitioners in this batch of petitions under Art. 226 of the Constitution of India, have questioned the action of the respondent authority in insisting on compliance of the provisions of Rule 126 of the Central Motor Vehicles Rules, 1989 ('C.M.C. Rules' for short). Since common questions are involved in all the petitions, upon a joint request, all these petitions are being disposed of by this common judgment.2. The main question in this group of petitions is the applicability and interpretation of the provisions of the Rule 126 of the C.M.V. Rules. In order to appreciate the merits of these petitions, it would be necessary to have a close look into the factual scenario and matrix emerging from the record of the present case. Subsequently, common facts may be noted first. The petitioners are dealing in manufacturing or assembling of auto-rickshaws. Every year about 1200 auto rickshaws (popularly known as 'Chhakadas') are made or assembled by the petitioners and...
Zubedabibi Rasidkhan Pathan Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Mar-09-1995
Reported in: (1995)2GLR1134
S.D. Dave, J.1. Arifkhan Pathan, the detenu has been detained preventively under the PASAA-1985 as a 'bootlegger' vide the orders dated February 4, 1994, passed by the Commissioner of Police, City of Surat, the respondent No. 1 herein. These orders of detention are in challenge before us in the present petition, which has been filed by the mother Smt. Zubedabibi Pathan.2. The grounds of detention bearing even date would go to show that, a subjective satisfaction has been recorded to the effect that, the detenu is a 'bootlegger'. This subjective satisfaction admittedly rests upon certain prohibition cases registered against the detenu and the statements of the witnesses recorded by the Sponsoring Authority. After reaching the subjective satisfaction that the detenu indulges in the nefarious activities as a bootlegger the detaining authority has proceeded further to say that the detenu has been released on bail by the competent Court in all the cases registered against him under the Bomb...
Kamuben W/O. Dalpatbhai Durlabhbhai Patel Vs. State of Gujarat and anr ...
Court: Gujarat
Decided on: Mar-09-1995
Reported in: (1995)2GLR1646
M.R. Calla, J.1. The petitioner's case is that one Dhaniben, daughter of Haribhai Lalbhai and wife of Dalpatbhai Durlabhbhai was holding agricultural lands bearing Survey Nos. 90/T-1, 90/T-2 and 494 and House No. 384. On the portion of the land bearing Survey No. 494, constructions were there in the nature of stables and Dargah, since 1974 and on the portion thereof, the agricultural operations were carried on and the grass was grown. On the land bearing Survey Nos. 90/T-1 and 90/T-2, the agricultural operations were carried on prior to 1975-76 and thereafter that there was no master plan prepared by any Competent Authority under any law or otherwise in respect of the agricultural lands bearing Survey Nos. 90/T-1 and 90/T-2 and 494. It is the further say of the petitioner that Dhaniben was in fact, not required to file any declaration in Form No. 1 under Section 6 of the Urban Land (Ceiling and Regulation) Act, 1976 ('the Act' for short) because according to the learned Counsel for the...
Bhikhubhai Shamaldas Patel and anr. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Mar-09-1995
Reported in: (1995)2GLR1694
M.R. Calla, J.1. Heard learned Counsels for the parties.Rule. Learned Counsel for the respondents waive service of the Rule.2. On the request of learned Counsel, this Special Civil Application is taken up for final hearing, today.3. The petitioners claim to be the owners and occupants of the land bearing Survey No. 169/1-2-3 of Town Planning Scheme No. 23 of Acher village within the limits of Ahmedabad Municipal Corporation. In the year 1962, the intention of the Development Plan was declared and in pursuance thereof, the first Development Plan was issued in the year 1965 for a period of 10 years. The petitioners' land as aforesaid was reserved in the GREEN BELT with effect from 1st November 1965 and later on, the GREEN BELT was converted into the category of Public Housing. The lands were so reserved under Section 12(2) of the Gujarat Town Planning and Urban Development Act for Public Housing and the draft revised Plan was made effective from 15th September 1983. The ten years' period...
Chetan S. Patel Vs. Arvind Shivlal Soni and anr.
Court: Gujarat
Decided on: Mar-08-1995
Reported in: (1995)2GLR1515
J.N. Bhatt, J.1. Rule. Mr. S.R. Divetia, waives the service of notice of Rule on behalf of State of Gujarat. Hearing forthwith.2. In this application for cancellation of bail granted by Special Court, at Ahmedabad, it is highlighted how lightly, liaberally and carelessly bail is granted in a strong, sound and serious cases against an accused involved in Drug Trafficking and Narcotic-Web having extent beyond the national frontiers (Mandrex Tablets in this case).3. The petitioner is the original complainant who had filed a Criminal Complaint No. 162 of 1994 in the City Sessions Court, at Ahmedabad, on 23 rd May 1994 against seven persons, in all, on the allegations that the accused persons have committed serious offences punishable under Sections 22, 23, 24 and 29 of the Narcotic Durgs and Psychotropic Substances Act, 1985 ('N.D.P.S. Act' for short) and also under Sections I20A and 120B of the Indian Penal Code ('I.P.C.' for short), has challenged the impugned order of grant of bail pass...
Omkar Textile Mills Pvt. Ltd. Vs. Hardik Chemicals
Court: Gujarat
Decided on: Mar-08-1995
Reported in: (1995)1GLR788
M.S. Parikh, J.1. This Revision Application, though filed against the impugned order dated 22-3-1990, takes within its sweep also the order dated 31-12-1990. The facts of the proceeding between the parties, therefore, need be stated:The opponent being the plaintiff filed Summary Suit No. 4747 of 1988 in the Ahmedabad City Civil Court for recovery of Rs. 1,47,600/- with cost and interest from the applicant-defendant taking recourse to the provision of Order 37 of the Code Civil Procedure. Upon the service of summons and upon the appearance of the applicant, who is hereinafter described as defendant, the opponent (plaintiff, as described hereunder) had taken out the Summons for Judgment and the defendant applied for leave to defend the suit. After hearing both the parties the learned Chamber Judge granted leave to defend the suit to the defendant on condition that the defendant would deposit Rs. 25,000/- within six weeks from the date of the order, viz., 27th July 1989. It is undisputed ...
Uresh Maneklal Shah and ors. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Mar-08-1995
Reported in: (1995)2GLR1530
K.R. Vyas, J.1. The petitioners in these petitions, who were appointed by the District Registrar, Co-operative Societies or through the Liquidators for the purpose of assisting the Liquidators in winding up proceedings of the societies, have claimed status of civil servants and prayed for regularisation of their services from the date of their appointment and to extend all the benefits that are being extended to Government employees.2. It appears that after the Rule was issued in the main petition being S.C.A. No. 2815 of 1983, the petitioners amended the petition and interim relief restraining the respondents from terminating their services was granted by this Court. However, respondent Nos. 1, 2 and 3 in the said petition filed civil application for vacating the interim relief and the petitioners filed civil applications claiming salary. In the said civil applications, this Court directed the respondents to pay salary to the petitioners with liberty to terminate their services in acc...
Navsarjan Industrial Co-operative Society Ltd. Vs. State of Gujarat an ...
Court: Gujarat
Decided on: Mar-07-1995
Reported in: AIR1996Guj87; (1996)1GLR320
ORDERM.R. Calla, J. 1. The petitioner in each of these three matters is the Navsarjan Industrial Cooperative Society Ltd. It had purchased lands in question in a public auction held by Special Recovery Officer under three different sales certificates and, therefore, three Special Civil Applications have been filed. These three Special Civil Applications are based on common facts giving rise to common questions of law and, therefore, all these three matters are being disposed of by this common Judgment.2. The land in question is situated in village Anjana. Taluka Choryasi, the details of which have been set out in para 4.2 of the Special Civil Application No. 85 of 1993 and for the sake of brevity, reference is made to the pleadings in Special Civil Application No. 85 of 1993 only. The sale Certificates, in pursuance of the auction sale, were issued on 28-5-1981 and on that basis the same of the petitioner-Society was entered in the record of rights as per the document Annexure 'A' encl...
Kishorbhai Khamanchand Goyal Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Mar-01-1995
Reported in: (1996)1GLR692; (1996)IILLJ943Guj
S.M. Soni, J.1. Criminal Case No. 99 of 1988 came to be filed by Shop Inspector, Jetpur Nagarpalika, Jetpur against the present applicant for breach of the provisions of the Bombay Shops and Establishments Act, 1948 ('the State Act' for short). The breach alleged was that the registration of the firm is not renewed, muster roll is not maintained; earned leave card or register is not maintained; board showing Sunday as weekly holiday is to exhibited and also precise provisions of the State Act are not exhibited. The applicant-accused pleaded not guilty and the learned Judicial Magistrate First Class after hearing the parties held the accused guilty, of the alleged offences and imposed fine of Rs. 25/- on each count and in default two days simple imprisonment by his judgment and order of 12-3-1992. The applicant accused being aggrieved by the same preferred an appeal no. 19 of 1992 which was heard and decided by the Additional Sessions Judge, Gondal on 12-5-1992 who by his judgment and o...
Ahmedabad Municipal Transport Services Vs. Dashrathbhai Balubhal Brahm ...
Court: Gujarat
Decided on: Mar-01-1995
Reported in: (1996)1GLR793; (1996)IILLJ544Guj
Rajesh Balia, J.1. Having heard the learned Counsels appearing for the parties, 1 dispose of the petition finally. 2. The workman-respondent in the main Special Civil Application was dismissed from service on 8-4-1985 bn the ground of wilful absence from duty without leave in pursuance to the charge-sheet served on 13-12-1984. The Labour Court found that holding of the enquiry was not valid. It also came to the conclusion that the absence was due to an accident which resulted in multiple fracture of the workman's bones and therefore, in these circumstances he having a resonable cause for absence the penalty of dismissal was disproportionate to pena misconduct proved, and not justified. It was, therefore, substituted with the penalty of stoppage of one grade increment. The respondent was denied backwages to the extent of 50%. The petitioner challenges the award on two-fold grounds; Firstly, when there was no challenge to the validity of the enquiry held by the management the Labour Cour...
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