Gujarat Court April 1995 Judgments
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State of Gujarat and anr. Vs. Dariyasing Tarachand Jhat
Court: Gujarat
Decided on: Apr-01-1995
Reported in: (1996)1GLR171
D.G. Karia, J.1. The State of Gujarat has challenged the legality and validity of the judgment and order dated July 5, 1994, passed by the learned Extra Assistant Judge, Junagadh, in Civil Misc. Appeal No. 70 of 1994, and confirming the judgment and order of the trial Court whereby implementation of the order of suspension in respect of the respondent-Armed Police Sub-Inspector was stayed till disposal of the suit. 2. The respondent, who was discharging his duties as the Armed Police Sub-Inspector under Principal of Police Training College at Junagadh, was placed under suspension with effect from March 7, 1982 on the charge of misappropriation of Rs. 5,800/-. The respondent was assigned the duty of payment of Rs. 500/- each to 73 trainees, being remuneration for the month of November, 1992 and while disbursing the said sum on December 11, 1992 and December 12, 1992 the respondent-plaintiff illegally paid Rs. 100/- less to each of the 58 trainees thereby pocketed and misappropriated Rs....
Gujarat State Road Transport Corporation Vs. Vimlaben L. Shah
Court: Gujarat
Decided on: Apr-01-1995
Reported in: AIR1995Guj220; (1995)2GLR1714
ORDERS.D. Shah, J.1. CRA No. 1065/92 is preferred by Guj. State Road Transport against Vimlaben L. Shah to challenge the order passed by the Civil Judge (JD), Bhavnagar below Exh. 29, dated 14th July, 1992 in RCS No. 469/84. It appears that Vimlaben initially instituted the aforesaid suit against GSRTC for declaration and injunction restraining the Corporation from in any way taking possession of Book Stall at the ST Depot and from in any way evicting her from the said Book Stall till final disposal of Eviction Case No. 59/84 filed by G.S.R.T.C. In such proceedings the petitioner-corportion tendered an application at Exh. 29, dated 8-4-1991 inter alia contending that to the premises in question provisions of Gujarat Public Premises (Eviction of Unauthorised Occupants) Act, 1972 were applicable and accordingly the General Manager of the GSRTC was the 'competent authority' for deciding the dispute between the parties. It was further contended that in view of the provisions contained in S...
Harishbhai Chunilal Shah Vs. Nalinkumar Champaklal Shah and ors.
Court: Gujarat
Decided on: Apr-01-1995
Reported in: AIR1995Guj197; (1996)1GLR574
ORDERY.B. Bhatt, J.1. When this matter was called out for hearing learned counsel for the parties stated that the opponent No. 3 has expired. Learned counsel for the petitioner stated that a civil application to bring the heirs on record has been filed, but the same is not traceable. However, learned counsel for the parties agree that the only heirs of the deceased opponent No. 3 are her sons being respondents Nos. 1 and 2 herein. They also agree that respondents Nos. 1 and 2 may be shown as heirs of the deceased-respondent No. 3. It is accordingly directed that the respondents Nos. 1 and 2 be shown as heirs and legal representatives of deceased-respondent No. 3 and the cause title of this revision-application be amended accordingly,2. The pertinent facts, in brief, leading to the present revision are as under :3. The respondents herein as plaintiffs had filed Civil Suit No. 225/80 against the present application for a decree of eviction in respect of the suit premises rented out to th...
National Insurance Co. Ltd. Vs. Patel Mohanlal Meghjibhai Desai and an ...
Court: Gujarat
Decided on: Apr-01-1995
Reported in: 1996ACJ647; (1996)1GLR16
M.S. Parikh, J.1. The petitioner-appellant herein is the original plaintiff and the respondents are the original defendants in Special Civil Suit No. 247 of 1985 pending before the learned Civil Judge (S.D.), Junagadh, in which the appellant-plaintiff has prayed for a decree of Rs. 69,730/- with interest and costs against the present respondents-defendants. The parties are, in this judgment, referred to herein as the plaintiff and defendants.2. The basis of the plaintiff's suit apparently is that award which has been passed in M.A.C. No. 348 of 1982 filed before the Motor Accidents Claims Tribunal at Junagadh on 28.12.1983 has been obtained by practising fraud on the Tribunal inasmuch as on the detailed facts set out in the plaint, the first defendant obtained false certificate for injuries and disablement from the second defendant and misled the Tribunal. In the suit before the learned Judge issues were framed and the defendant No. 1 moved an application, Exh. 83, to hear the issue re...
Municipal Corporation Vs. Bhupatlal Dharshibhai Parekh and ors.
Court: Gujarat
Decided on: Apr-01-1995
Reported in: (1996)2GLR1
B.N. Kirpal, C.J.1. This is a Revision Application against the judgment dated 6th December 1982 rendered by the learned Joint District Judge, Rajkot, in Civil Misc. Appeal No. 161 of 1982, whereby he stayed the operation of the Octroi Rules.2. It appears that the respondents had filed Regular Civil Suit No. 730 of 1982 in the Court of the Joint Civil Judge (S.D.), Rajkot, for a declaration that the proposed Octroi Rules and the Standing Orders which were intended to be made applicable with effect from 1-8-1982 as well as the imposition of transit pass system were void and that injunction should be ordered restraining its implementation. Alongwith the suit, application Exh. 5, under Order 39, Rules 1 and 2, for interim injunction was filed. The trial Court rejected the said application for interim injunction. Against the said order of the trial Court, Civil Misc. Appeal No. 161 of 1982 was filed in the Court of the Joint District Judge, Rajkot. By his judgment and order dated 6th Decemb...