Gujarat Court July 1995 Judgments
Diwaliben Bhalabhai Pardhi (Deceased Through Heirs) and ors. Vs. Unite ...
Court: Gujarat
Decided on: Jul-31-1995
Reported in: (1996)1GLR314
R.K. Abichandani, J.1. All these First Appeals arise out of a common award made by the Motor Accidents Claims Tribunal (Special), Kheda, Nadiad, on 3.12.1991 and the challenge by the appellants is confined only to the extent that the Tribunal did not hold the respondent No. 3, insurance company, liable for the awarded amount.2. At the outset the learned advocate appearing for the appellants sought permission to delete, in all these appeals, the respondent Nos. 1 and 2, namely, the driver and the owner of the vehicle as they were not served with the notice of the appeals and no relief was sought against them. Their names were deleted as per permission granted on 17.7.1995.3. The accident occurred on 5.4.1987 when the truck bearing No. GRT 6046 driven by the driver Shivsa turned turtle resulting in death of nine persons and injury to fifty-nine persons who were travelling in the truck along with their goods. Bharatkumar was the owner of the vehicle. According to the claimants, the truck ...
Tag this Judgment!Ahmedabad Green Belt Khedut Mandal and ors. Vs. State of Gujarat and o ...
Court: Gujarat
Decided on: Jul-31-1995
Reported in: (1995)2GLR1258
R.K. Abichandani, J.1. The petitioners seek a direction on the respondents not to treat the lands, which were included in the erstwhile Green Belt zone and which were, in the Final Development Plan, as sanctioned by the State Government on August 12, 1983, under Section 12(2)(k) of the Gujarat Town Planning and Urban Development Act, 1976, released from the earlier reservation from the agricultural zone and reserved for Public housing for the Ahmedabad Municipal Corporation, the Urban Development Authority, the Gujarat Housing Board, the Gujarat Slum Clearance Board and the State Government, as indicated in the table contained in Schedule II to the Resolution dated 12th August, 1983 at Annexure-A to the petition, as 'vacant land'. A direction is also sought that the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as 'the said Act') should not be applied to these lands and no proceedings should be taken in respect thereof under the said Act.2. Th...
Tag this Judgment!Bhanmati Tapubhai Muliya Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Jul-28-1995
Reported in: (1996)1GLR54
B.N. Kripal, C.J.1. In the instant case, the appellant was appointed on ad hoc basis in November, 1984. It was further clarified in the appellants order that her appointment was only upto 31st of July, 1985. 2. Before 31st of July, 1985, the appellant filed a suit before the Civil Judge (Senior Division), Gondal and was successful in obtaining an interim injunction. After a period of 8 years, the suit was dismissed on 28th of April, 1993 and an appeal was filed. This appeal was dismissed and thereafter, the present writ petition has been filed which has been dismissed by the learned single Judge and against which the present Letters Patent Appeal has been filed. 3. In our opinion, the Civil Court initially was wrong in granting an injunction in the year 1985, when the appointment of the appellant was for a fixed period only, i.e., upto 31st July, 1985. It is contended by the learned Counsel for the appellant that in some other cases, relief has been granted, with or without the help of...
Tag this Judgment!Geetaben Janakbhai Patel Vs. the Competent Authority and Deputy Collec ...
Court: Gujarat
Decided on: Jul-28-1995
Reported in: AIR1996Guj105; (1996)1GLR689
B.N. Kirpal, C.J.1. This is a Letters Patent Appeal against the judgment of the learned single Judge, who dismissed the writ petition of the appellant, challenging the order of the Competent Authority under the Urban Land (Ceiling and Regulations) Act, 1976, who had held that he had no jurisdiction to review an earlier order.2. Briefly stated, the facts are that the appellant had purchased land, measuring 1600.34 sq. metres, part of which was leased and part of which was sold, to two different persons. The requisite forms under the Urban Land (Ceiling and Regulations) Act, 1976 were filled by the appellant in 1976 and after some protracted proceedings, the Competent Officer, by an order dated 3rd October. 1987/11th November, 1987, declared 503.28 sq. metres as surplus land.3. An appeal was filed before the Urban Land Tribunal, who confirmed the said order. Thereafter, on 29th November, 1990, notification under Section 10(3) of the U.L.C. Act, was passed. A notice was issued, requiring ...
Tag this Judgment!S.M. Christian Vs. Registrar Co-operative Societies and ors.
Court: Gujarat
Decided on: Jul-28-1995
Reported in: (1996)1GLR94
S.K. Keshote, J.1. Heard the learned Counsels for the parties. The facts which are not in dispute in this case are as follows : 2. The petitioner appointed as Typist, on 13-2-1980, in the office of the Rajkot District Panchayat at Rajkot. From Rajkot, the petitioner has come on deputation in the office of the Gujarat Land Development Corporation Ltd., Ahmedabad. 3. The petitioner has not stated the date on which she has come on deputation in the Corporation. 4. From the Corporation, the petitioner was taken on deputation in the office of Registrar, Co-operative Societies, Gandhinagar, vide order dated 26-6-1986, and she could have continued in the office of Registrar till 31st March, 1995, but she is continued till today on deputation in the office of the Registrar, Co-operative Societies, under the interim order which has been granted by this Court. As per the Government circular, the deputation of am employee is permissible only for 4 years and the petitioner has already completed th...
Tag this Judgment!Bakarali Fatehali and ors. Vs. Mohammedkasam Haji Gulambhai
Court: Gujarat
Decided on: Jul-28-1995
Reported in: (1996)1GLR96
S.D. Dave, J.1. This is a Civil Revision Application for and on behalf of the tenants, who have suffered a decree of eviction, on the count of the sub-letting or the assignment qua the suit premises.2. The Rent Suit No. 171 of 1978 came to be instituted by the plaintiff-landlord against the original defendant-tenant, Bakarali, who had died during the pendency of the suit, leaving behind the heirs and legal representatives who figure as the defendants in the proceedings. The case of the plaintiff in brief, was that, he is the owner and the landlord of the property situated at Raopura, Baroda (Vadodara) and that the defendant No. I, was the tenant in a shop on the ground floor at the monthly rent of Rs. 70/- and that the monthly tenancy was to be reckoned according to the English Calendar. It has been averred that defendant No. 1 who was the tenant of the premises in question was, guilty of sub-letting the premises or of a transfer or assignment of his rights qua the premises. The whole ...
Tag this Judgment!Naginbhai G. Patel Vs. Income Tax Officer
Court: Gujarat
Decided on: Jul-27-1995
Reported in: (1996)134CTR(Guj)210; [1997]224ITR459(Guj)
Rajesh Balia, J.1. In this petition the notice dt. 21st Dec., 1995 issued by the ITO, Ward I (Surat) for reassessment for asst. yr. 1988-89 issued to the petitioner on the ground that the income of the assessee has escaped the assessment is under challenge. 2. The notice is challenged on the ground that there has been no failure or omission on the part of the assessee to disclose fully and truly all material facts necessary for his assessment for the asst. yr. 1988-89 and the Assessing Officer (AO) in that assessment year (Exh. E dt. 27th March, 1991) after due application of mind to the facts put before it had come to the conclusion that the petitioner was not liable to capital gains in respect of Rs. 42 lakhs received by him under an agreement to sell the land, possession of which was handed over to the buyer in the year 1983, in absence of any duly executed sale deed. In view of the aforesaid, it is contended that the assessing authority had acted in issuing the notice only on mere ...
Tag this Judgment!B.C. Dwivedi Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Jul-27-1995
Reported in: (1996)1GLR254; (1996)IILLJ60Guj
M.R. Calla, J.1. The petitioner has come with the case that he was appointed as junior Labour Investigator in December, 1959 and in the year 1969 he was selected for the post of Government Labour Officer through Gujarat Public Service Commission and was appointed as such with posting at Mehsana and since 1969 he is working as a Government Labour Officer. It has also been stated by the petitioner that in August, 1980 he was caught involved in a criminal case on the basis of a frivolous criminal complaint on the allegation of accepting illegal gratification and on 1-10-1980 he was placed under suspension. In the aforesaid criminal case, the petitioner was acquitted and yet his suspension was not revoked. The petitioner, therefore, filed Special Civil Application No. 5214 of 1982. In this petition, an order was passed on 29-12-1982 and the respondents were directed to reinstate the petitioner forthwith i.e., to say from 11.00 a.m. of the next day. The order is reproduced as under : 'Rule....
Tag this Judgment!Manjulaben Rameshchandra Barot and ors. Vs. Collector of Mehsana and o ...
Court: Gujarat
Decided on: Jul-27-1995
Reported in: (1996)1GLR306
A.N. Divecha, J.1. A shocking state of affairs of the Municipality of Kalol ('the Municipality' for convenience) represented by respondent No. 3 herein has emerged from the record of this petition. A question that is posed before this Court in the context is whether or not what was done by the then Administrator of the Municipality on the day he was to relinquish the charge of his office could be annulled by the Collector of Mehsana (respondent No. 1 herein) in exercise of his powers under Section 258 of the Gujarat Municipalities Act, 1964 ('the Act' for brief). A further question has also been posed whether or not this Court can take any action against the said Administrator if his actions are tainted with illegality and invalidity on the face of it.2. The factual backdrop behind this petition may be examined at this stage. It appears that Municipal affairs of the Municipality were in charge of the Administrator appointed by and on behalf of the State Government at the relevant time....
Tag this Judgment!A.J. Joshi Vs. State of Gujarat
Court: Gujarat
Decided on: Jul-26-1995
Reported in: (1996)2GLR297
M.R. Calla, J.1. The petitioner is a qualified Doctor and in the year 1971, he was working as Incharge Medical Officer, Sajod Primary Health Centre. That a complaint was made against him that one Shri Natvarlal, a boy aged eight years was suffering from diarrhoea and vomitting and the said boy was taken to the Primary Health Centre, Sajod, around 10-00 to 10-30 p.m. on 30th August 1971. That the petitioner did not examine the said boy-patient and instead, asked the Sanitary Inspector to give the medicines from Epidemic Store. The petitioner did not examine the patient though the relative of the patient suspected cholera and had informed the petitioner accordingly. The condition of the said boy went on deteriorating and again around 3.00 a.m. after mid-night, the petitioner was requested to visit the said boy and to examine the patient. The petitioner refused to do so and directed the Sanitary Inspector ('S.I.' for short) Shri Jadav to visit the patient and to administer certain injecti...
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