Gujarat Court April 1995 Judgments
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Jorabhai Hirabhai Rabari Vs. District Development Officer, Mehsana and ...
Court: Gujarat
Decided on: Apr-05-1995
Reported in: AIR1996Guj3
ORDERR.K. Abichandani, J. 1. The petitioner who is suspended Sarpanch of Aedla Gram Panchayat challenges the orders made under Sections 59(1) and 59(3) of the Gujarat Panchayats Act, 1993 suspending him from office of the Sarpanch on the ground that criminal proceedings in respect of offences involving moral turpitude have been instituted against him. 2. The allegation is made against the petitioner in the F.I.R. lodged on 7th July, 1993, a copy of which at Annexure C is that the petitioner armed with a dharia along with other persons who were also armed with dharia and sticks came to the house of the complainant Gopalbhai Naranbhai and started abusing Gopalbhai on the issue of his nephew having not withdrwn the complaint of the theft of buffalo and attacked Gopalbhai and his daughter. It is alleged in the complaint that the petitioner and Ammu Jora who had 'dharia' and others who had sticks attacked the complainant and gave a blow on his head as a result of which he had fallen down. O...
Patel Chaturbhai Shambhudas and anr. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Apr-04-1995
Reported in: AIR1996Guj40
ORDER1. The petitioners have challenged the order passed below Exh. 8 in Regular Civil Suit No. 249 of 1988 passed on 28-12-1988 by the learned 2nd Joint Civil Judge (S.D.) at Mehsana allowing the application of third party-respondent No. 2 -- Manager of Dashnami Goswami Samaj for joining as co-defendant in the said suit, by filing this revision under Section 115 of the Code of Civil Procedure, 1908 ('the Code' for short).2. The petitioners have filed the aforesaid suit for a declaration that they are owners of land bearing survey number 4 situated in village Chanasama, District Mehsana which is populary known as Sudama Wadi wherein temples of Mahadcv and Mataji are situated on the suit land. The case of the plaintiffs is that they are in the charge of the management of the temples and one room constructed on the suit land is used by the Pujari as residence. There are also some superstructures in some part of the suit land. There are also Samadhis of the ancestors of the plaintiffs sit...
Jatinkumar Kanchanlal Shah Vs. Shri Vardhaman Sahakari Bank Ltd. and a ...
Court: Gujarat
Decided on: Apr-04-1995
Reported in: (1996)2GLR194
ORDER1. The petitioner, a Branch Management of Vardhaman Sahakari Bank Ltd., Kareli Baug Branch, Vadodara filed this writ petition before this Court challenging Order D/- April 8, 1994 of the learned 5th Joint Civil Judge, (S. D.)., Vadodara passed in Regular Civil Suit No. 143/94 where the said court was pleased to dismiss the application of the petitioner for stay of departmental inquiry instituted against him in pursuance of notice of inquiry dated January 10, 1994 in respect of charges mentioned in the chargesheet-cum-show cause notice dated December 11, 1993 till hearing and final disposal of the suit, as well as of the Order of Joint District Judge, Vadodara dated May 27, 1994 in Civil Misc. Appeal No. 103/94 confirming the order of the Trial Court. 2. The petitioner in the suit has come up with the case that in respect of same charges criminal proceedings have also been initiated by the Bank and as the departmental proceeding and criminal proceeding arise out of same facts and c...
Laladhar Pragji and ors. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Apr-04-1995
Reported in: (1996)2GLR2
R.K. Abichandani, J.1. The petitioners who were the members of Malia Gram Panchayat from 1968-73 have challenged the order of the learned District Judge, Junagadh dated 17-2-1984 passed in Civil Miscellaneous Application No. 11 of 1983 and the order of the Mamlatdar, Malia-Hatina dated 11-1-1983 holding the petitioners liable for loss of tax on buildings and lands for the period from 1-4-1971 upto 30th April, 1973 under Section 317 of the Gujarat Panchayats Act, 1961.2. The petitioners were elected as members of the said Panchayat in 1968, the term of which came to an end on 31st April, 1973. The petitioner No. 2 was elected as Sarpanch and the petitioner No. 1 as Upa-Sarpanch. A Gram Panchayat is empowered to levy the taxes and fees at such rates as may be decided by it and in such manner and subject to exemptions as may be prescribed, under Section 178(1) of the said Act, subject to any general or special order of the State Government. Under Clause (i) of Section 178(1), a Gram Panch...
State of Gujarat and ors. Vs. B.N. Leuva
Court: Gujarat
Decided on: Apr-03-1995
Reported in: (1995)2GLR1677
B.N. Kirpal, C.J.1. This is an appeal against the judgment of the single Judge, who has quashed orders of transfer of the petitioner. 2. Briefly stated, the facts are that the petitioner, vide order dated 19th of July, 1993 was transferred and appointed to the ex-cadre post of Director, Central Medical Stores Organisation, Gandhinagar, vice Shri V. C. Trivedi (respondent No. 3), who was transferred and whose services were put at the disposal of the Narmada and Water Resources Department. 3. On 1st September, 1993, another order was passed, whereby the respondent herein was transferred to the ex-cadre post of Director, District Rural Development Agency, Amreli, a post which was lying vacant, and respondent No. 3 was transferred back to the post of Director, Central Medical Stores Organisation, Gandhinagar. 4. Order dated 1st September, 1993 was challenged. It was, inter alia, contended that within a short span of time, respondent No. 1 has been transferred and this has been done with a ...
Kiritbhai Nandvadan Bhatt and ors. Vs. Ahmedabad Municipal Corporation ...
Court: Gujarat
Decided on: Apr-03-1995
Reported in: AIR1996Guj139; (1996)1GLR1
B.N. Kirpal, C.J. 1. In this writ petition, the challenge is to the variation of the Final Town Planning Scheme No, 6 (Paldi) in so far as it relates to Plot No. 187. The petition is alleged to have been filed by way of a public interest litigation by persons, who are residents in the area surrounding the said Plot No. 187. 2. When the T. P. Scheme No. 6 (Paldi) was approved in 1963, this plot No. 187, measuring 2278 sq. yards was shown as being meant for a school. This land was owned by the Corporation. 3. It appears that another plot No. 463 as per the Town Planning Scheme No. 6 (Paldi) was allotted to one late Indravadan Mehta, predecessor-in-interest of respondents Nos. 4 and 5 herein. Late Indravadan Mehta was the owner of Plot Nos. 150/P and 15I/P, bearing Survey No. 209 and 210/P collectively and measuring 10748 sq. yards. He was also the owner of another plot of land bearing No. 144 in Survey No. 155 measuring 9075 sq. yards.Thus, he owned 19823 sq. yards before T.P. Scheme No....
Gujarat State Road Transport Corporation and anr. Vs. Kishanchand Ramc ...
Court: Gujarat
Decided on: Apr-03-1995
Reported in: (1996)1GLR153
S.D. Shah, J.1. The G.S.R.T.C. and its Divisional Controller are the petitioners-defendants before this Court in this C.R.A. preferred under Section 115 C.P. Code. The respondent-plaintiff instituted Reg. Civil Suit No. 239 of 1991 before the Court of Civil Judge (J.D.), Junagadh inter alia contending that he was running restaurant at the premises allotted to him as he was the highest bidder and his licence had expired on 17-3-1990. The respondent-plaintiff also applied for temporary injunction and the trial Court initially granted order of maintenance of status quo. However, since the licence had come to end, it appears that the petitioner-Corporation has taken over the possession of the restaurant.2. After hearing the parties and taking into consideration the pleadings of the parties the 2nd Jt. Civil Judge (J.D.), Junagadh by his judgment and order dated 21-9-1993 rejected the application of the respondent-plaintiff for injunction inter alia holding that on expiry of the period of l...
State of Gujarat Vs. Amra Arjan Dhamol
Court: Gujarat
Decided on: Apr-03-1995
Reported in: (1996)2GLR234
D.G. Karia, J.1. By this acquittal appeal under Section 378 of the Code of Criminal Procedure, 1973, the State has challenged the order of acquittal dated January 8, 1988 whereby the learned Judicial Magistrate, First Class, Santrampur, ordered to acquit the respondent for the offence punishable under Section 498-A of the Indian Penal Code.2. Shortly stated the prosecution case is that the respondent-accused was married with deceased Jashiben, who was the daughter of P.W. 2 Hathibhai Motibhai, before about 4 years since the date of occurrence on July 24, 1987. It was alleged that the accused-husband treated the deceased Jashiben with cruelty driving her to commit suicide. As a result of cruelty, the prosecution case proceeds, the deceased Jashi committed suicide by burning herself at about 8-00 a.m. on July 24, 1987.3. It was alleged that the deceased Jashi being subjected to cruelty, was driven to commit suicide and thereby the accused was charged with the offence punishable under Sec...
Jagdisbhai J. Desai Vs. Vidyaben Rambhai Patel
Court: Gujarat
Decided on: Apr-01-1995
Reported in: AIR1996Guj1; (1993)2GLR653
ORDERJ.N. Bhatt, J. 1. In this revision application, the original defendant-tenant has questioned the legality and validity of the ejection decree passed by the learned Additional Judge, Small Cause Court, Baroda and confirmed by the appellate Court, by invoking aids of provisions of Section 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 ('Rent Act' for short). 2. Relevant material facts giving rise to this revision may be stated. Respondent is the original plaintiff-landlord who instituted rent suit No. 1978 of 1976 in the Small Cause Court at Baroda on 6-9-1976 seeking possession of the demised premises consisting of three rooms, kitchen and galary on the first floor in residential area situated at Raopura, Baroda bearing municipal census No. 21/3-396 on the ground that the petitioner has incurred liability and rigours of the provisions of Section 12 of the Rent Act as he was in default in payment of rent for more than six months at the time when the notic...
Bharat Heavy Electricals Ltd. Vs. General Contractor Co.
Court: Gujarat
Decided on: Apr-01-1995
Reported in: AIR1996Guj46; (1996)1GLR750
ORDERJ.N. Bhatt, J.1. This revision application is directed against the judgment and order passed by the Court of the learned 3rd Joint Civil Judge (S.D.), Bhuj in Special Civil Suit No. 1 of 1988 below application Exh. 23 refusing to raise an issue as to the jurisdiction as preliminary issue, by invoking the aids of provisions of Section 115 of the Code of Civil Procedure, 1908 ('the Code' for short).2. The material facts giving rise to the present petition may be stated. For the work of the petitioner for which tenders were invited by it, the respondent submitted the tender wherein one of the terms and conditions was as under:'5.2 Effect and jurisdiction of the contract: The contract shall be considered as having come into force on the date of letter of intent. This contract shall in all respects be governed by and construed according to the laws in force in the Republic of India during the period of contract. The civil courts having ordinary original civil jurisdiction, New Delhi sh...
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