Gujarat Court July 1995 Judgments
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Jakirbhai Rahimbhai Nagori Vs. District Magistrate and ors.
Court: Gujarat
Decided on: Jul-19-1995
Reported in: 1996CriLJ1453; (1996)1GLR80
S.D. Shah, J.1. The petitioner detenu has by this petition challenged the legality and validity of the order of detention dated 26th October, 1994, passed by the District Magistrate, Mehsana, under Section 3(1) of the Gujarat Prevention of Anti-Social Activities Act, 1985, on his being satisfied that the detenu was a 'bootlegger', whose anti-social activities were prejudicial to the maintenance of public order and, therefore, he was required to be detained. In the grounds of detention of even date and duly formulated and supplied under Section 9(1) of the said Act, the detaining authority has set out as many as seven offences punishable under the Bombay Prohibition Act, in which the detenu is involved and it has also relied upon the statements of witnesses who have deposed about the anti-social activities of the detenu and who have desired to be anonymous. Their identify is not disclosed to the detenu by claiming privilege under Section 9(2) of the said Act.2. Mr. Satish R. Patel, lear...
Bhupatbhai Oghadbhai and ors. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jul-19-1995
Reported in: (1996)1GLR600
B.N. Kirpal, C.J.1. This is a typical case of an unequal battle between the 'haves' and the 'have nots'.2. The brief facts are that a Resolution dated 31st of July, 1981 was passed by the Gram Panchayat, at Kudavasan, District Amreli in which it was stated that frequent application were being received from Schedule Castes and other backward class people for allotting them cultivable land. The request which was made by this resolution was that land measuring 93 acres and 39 gunthas be converted from gaucher to Government waste land and in its stead, government waste land be converted to gaucher land. Based on this Resolution, the Collector passed an order, after taking into account the report of the Mamlatdar and Deputy Collector, on 18th August, 1982, whereby seven survey numbers were removed from the head of 'gaucher land' and were shown as 'Government Waste Land' and against this, Government waste land admeasuring 60 acres and 20 gunthas was reserved as gaucher land for the said vill...
Muljibhai Champaklal Shah Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Jul-19-1995
Reported in: (1996)1GLR634
A.N. Divecha, J.1. The judgment and the order passed by the learned Additional Sessions Judge of Bharuch at Rajpipla Camp on 22nd April 1988 in Criminal Revision Application No. 96 of 1987 are under challenge in this petition under Article 227 of the Constitution of India. By his impugned judgment and order, the learned Additional Sessions Judge set aside the judgment and the order passed by the learned Judicial Magistrate (First Class) at Rajpipla on 19th September 1987 in Municipal Appeal No. 3 of 1987. By his aforesaid judgment and order, the learned Magistrate had accepted the petitioner's appeal against the levy of penalty on the amount of octroi payable by the petitioner on the goods imported by him within the municipal limits of respondent No. 2 Municipality.2. The facts giving rise to this petition move in a narrow compass. The petitioner has been carrying on his business in grains and provisions. It appears that he received goods from Jagdish Oil Industries of Ahmedabad on 7th...
State Bank of India Vs. Prakash Dhirajlal Sheth and anr.
Court: Gujarat
Decided on: Jul-19-1995
Reported in: (1996)2GLR13
K.J. Vaidya, J.1. The State Bank of India, Gandhidham(Kachchh) Branch by this petition under Article 226 of the Constitution of India, has moved this Court voicing a serious grievance against the illegal and unjust protracted proceedings merrily going on for about last 11 years before the Court of the learned J.M.F.C., Gandhidham, with no immediate signs of being started in for seeable future inter alia praying for the issuance of the writ of Mandamus and/or any other appropriate writ, direction or order directing the concerned learned Magistrate to immediately proceed ahead with the pending Criminal Case No. 1265 of 1984 and to decide the same at the earliest. Incidentally, at this stage, it may be pointed out that the relief of expeditious trial prayed for by the petitioner bank can even be prayed for by filing Misc. Criminal Application under Section 482 of the Criminal Procedure Code, 1973, and for that purpose, it is indeed not necessary to go to the Constitution, making petition ...
Thakoorani Foolkunverba Ranjitsinhji Vs. Smt. Indumati Kantilal Parikh
Court: Gujarat
Decided on: Jul-19-1995
Reported in: (1996)2GLR512
J.N. Bhatt, J.1. The petitioner is the original defendant-tenant and the respondent is the original plaintiff-landlady. In this revision under Section 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 ('the Rent Act' for short), the main question that falls for consideration is, as to whether the- tenant is entitled to claim protection of Section 12(3)(b) of the Rent Act?2. The landlady filed Rent Suit No. 2632 of 1975 in the Small Cause Court at Baroda against the tenant for recovery of possession of the demised premises and for recovery of amount of Rs. 4, 893/- towards arrears of rent. The landlady is the owner of property known as 'Mohan' bungalow situated at Pratapnagar Road, Baroda and the demised premises are part of the said bungalow situated on the ground floor. The ground floor of the said property was let to the defendant-tenant at the monthly rent of Rs. 140/ - per month plus municipal taxes, electric charges etc. The landlady claimed that the tenan...
Rajgor Khimji Haridas Vs. Mukti Chanda Amarshi Patava
Court: Gujarat
Decided on: Jul-18-1995
Reported in: (1996)1GLR545
J.N. Bhatt, J.1. In this revision at the instance of the unsuccessful tenant, the challenge is against the ejectment decree on the ground of non-payment of rent, by invoking provisions of Section 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 ('the Rent Act' for short). The petitioner is the original tenant against whom the suit for eviction on the ground of non-payment of rent filed by the respondent-original plaintiff-landlord came to be decreed. The parties for the convenience sake are hereinafter referred to as the landlord and tenant.2. The landlord purchased the house bearing house No. 2/399 and 2/400 from Salat Narandas Ratanshi, and Laxmibai Ratanshi the original owner, by a registered sale deed dated 30-12-1974 for Rs. 11000/-. The demised premises are parts of the said house. The tenant is occupying a part of the said house bearing No. 2/339 at a monthly rent of Rs. 13.50. The tenat was served with a registered notice dated 30-12-1974 by the origin...
Gujarat Rajya Paricharika Mandal, Class Iii Vs. State of Gujarat and a ...
Court: Gujarat
Decided on: Jul-17-1995
Reported in: (1996)1GLR578
M.R. Calla, J.1. Special Civil Application No. 2539 of 1982 has been filed by Trained Nurses Association of All India, Gujarat State Branch and Special Civil Application No. 2541 of 1982 has been filed by Gujarat Rajya Paricharika Mandal Class III. Both these petitions are based on identical facts, raising common grievance, common questions of law and identical prayers. Therefore, both these petitions are disposed of by this common judgment.2. Petitioners have raised the grievance that in the State of Gujarat there are four Directorates pertaining to Medical and Health Services, which are:1. Directorate of Health and Medical Services and Medical Education (Education).2. Directorate of Health and Medical Services and Medical Education (Medical).3. Directorate of Health and Medical Services and Medical Education (Health). And4. Directorate of E.S.I.S.3. It has been submitted that the State Government decided to provide selection grade to the various employees because it was considered th...
Brij Kishore Garg and ors. Etc. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Jul-15-1995
Reported in: AIR1996Guj157; (1996)1GLR114
ORDERM.R. Calla, J. 1. The Special Civil Application No. 10653 of 1994 was initially filed by two petitioners, namely, Brij Kishore Garg and Dr. Jagjit Singh Panjarath on 1-9-94. On 2-9-94 notice returnable on 6-9-94 was issued with the order that two seats shall be kept vacant in the Medical College till then. Thereafter, on 17-9-94 petitioner No. 2 Dr. Jagjit Singh Panjarath filed a separate petition being Special Civil Application No. 11058 of 1994 and, therefore, Special Civil Application No. 10653 of 1994 is maintained by petitioner No. 1 Brij Kishore Garg only. It is submitted by learned Counsel Mr. Mohit Shah, who is also appearing for Dr. Jagjit Singh Panjarath in Special Civil Application No. 11058 of 1994 that the son of Dr. Jagjit Singh Panjarath has already got the admission somewhere else and, therefore, virtually separate Special Civil Application No. 11058 of 1994 filed by Dr. Jagjit Singh Panjarath has become infructuous.2. Petitioner-Brij Kishore Garg was transferred a...
Govindbhai Premjibhai Chovatia Vs. Chief General Manager, Gujarat Tele ...
Court: Gujarat
Decided on: Jul-14-1995
Reported in: AIR1996Guj153; (1996)1GLR413
B.N. Kirpal, C.J. 1. The challenge in the writ petition, which has been dismissed by the learned single Judge and against the dismissal of which the present Letters Patent Appeal has been filed, is to the correctness of the demand raised by the Department of Telecommunications.2. Briefly stated the facts are that the appellant was given a public booth, commonly known as S.T.D./P.C.O. Centre. When the Bill for the period from 1-4-1994 to 11-4-1994 was received, the appellant raised a complaint and according to the appellant, the demand which was made was very high. It was alleged that the representation of the appellant and other S.T.D./P.C.O. Centre holders was wrongly rejected by the authorities concerned.3. Being aggrieved a writ petition, being Special Civil, Application No. 5399 of 1994 was filed in this Court, wherein the learned single Judge of this Court vide order dated 17th August, 1994, permitted the appellant to make representation and to produce the documentary evidence in ...
Special Land Acquisition Officer and anr. Vs. Patel Bhagwandas K. and ...
Court: Gujarat
Decided on: Jul-14-1995
Reported in: (1996)1GLR481
M.B. Shah, J.1. Being aggrieved by the judgment and award dated 31st August 1994, passed by the learned Assistant Judge, Mehsana, in Land Reference Case Nos. 497 of 1987 to 536 of 1987 and 539 of 1987 to 592 of 1987 and 592/1, 592/2, 592/3 and 593 of 1987 and 137 of 1987, the Special Land Acquisition Officer has filed these appeals.2. The claimants have also filed cross-objections in each matter.3. Admittedly, the lands were acquired by Ahmedabad Urban Development Authority ('AUDA' for short) for the purpose of constructing residential buildings for township for 'economically backward group, low income group, medium income group, high income group', for which notification under Section 4 of the Land Acquisition Act ('the Act' for short) was published in the official gazette on 15th November 1979. Notification under Section 6 of the Act was published on 10th November 1982. The Land Acquisition Officer divided the lands into 11 groups and awarded compensation at a rate ranging between Rs...
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