Gujarat Court July 1995 Judgments
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State of Gujarat and ors. Vs. Shahenazbanu Ashrafali
Court: Gujarat
Decided on: Jul-13-1995
Reported in: 1997ACJ176; AIR1996Guj136
Mehta, J.1. The trial Court has passed a decree for damages of Rs. one lac on the ground that the respondent-minor Shahnaz-banu was negligently administered tripple vaccine and the child suffered from poliomyelitis and permanent deformity and disability.2. The plaintiffs case is that the defendant No. 3--Nurse Ranjanben had given a triple vaccine injection to minor Shehnaz-banu in vein instead of muscle on 3-7-1979 and due to it, she got the disease of polyomyelitis. It is the case of the plaintiff that instead of intra muscular, the Nurse had given intraveinous injection carelessly and thereby caused the aforesaid disease. At that time, the minor child was aged about one and half years. The injection was given on her right buttock. It is further stated by the plaintiff that next day she was taken to Dr. Agarwal who gave her treatment and medicine for two days. Because she did not get well, she was referred to Ahmedabad Civil Hospital. On 16-7-1979, she was taken to local Dr. K.C. Pate...
Alkapuri Investment Pvt. Ltd. Vs. D.S. Khoba and ors.
Court: Gujarat
Decided on: Jul-12-1995
Reported in: [1997]226ITR506(Guj)
Rajesh Balia, J.1. The short question is regarding obligation to deduction of tax by the persons paying interest in terms of s. 194A, as it stood prior to its amendment w.e.f. 1st June, 1987 vide Finance Act, 1987, and consequence that follows as a result of failure to do so. 2. The petitioner company is carrying on a business of holding of investment, money lending and financial and industrial enterprises. The petition relates to asst. yr. 1982-83, the previous year of which ended on 30th Sept., 1981. The petitioner in the course of its business borrowed money from large number of persons. The petitioner has also issued secured 11% redeemable bonds on which interest @ 11% was payable to bondholders. At the end of accounting year the petitioner made a provision of estimated liability of the interest payable on all the loans outstanding and debentures and credited to the account of 'interest payable'. No amount of interest payable is credited to the individual accounts of persons to who...
Chief Officer, Bhavnagar Municipality and anr. Vs. Bachubhai Arjanbhai ...
Court: Gujarat
Decided on: Jul-12-1995
Reported in: 1996ACJ1229; AIR1996Guj51
R.K. Abichandani, J.1. The appellants have challenged the judgment and order dated 13-7-1979 of the Motor Accident Claims Tribunal, Bhavnagar awarding compensation of Rs. 21,000/ - with interest at 7 1 / 2 per cent per annum to the claimants against the appellants.2. In a motor accident that took place on November 29, 1978 on Gogha Road at Bhavnagar, one Dahyabhai Bachubhai died and therefore, his parents and minor brother and sister preferred the claim petition against the driver, the State of Gujarat, who was the owner of the vehicle and the Bhavnagar Municipality i.e. the appellant No. 1 (now Municipal Corporation), who had used the vehicle through its driver the appellant No. 2. It was found by the Tribunal that the accident had occurred due to rash and negligent driving of the appellant No. 2 of tanker No. GTP 4645 which had dashed against the deceased while he was walking by the road side. The deceased was 19 years of age, doing masonry work, but the Tribunal assessed his income ...
Sardaben Ishwarlal Akhani and ors. Vs. Director of Icds and ors.
Court: Gujarat
Decided on: Jul-12-1995
Reported in: (1996)1GLR741
ORDER1. Heard the learned counsel for the parties. The petitioners who were working as female workers at Sanklit Bal Vikas Yojana filed this writ petition before this Court for issuance of directions to the respondents not to terminate their services. Further prayer has been made that pending admission, hearing and final disposal of the writ petition the respondents be directed to maintain status quo. 2. This writ petition is filed by the petitioners before this Court on June 23, 1994. On June 24, 1994 notice returnable on July 11, 1994 was issued to the respondents. The respondents filed reply to the writ petition and a copy of the same was served on the learned counsel for the petitioners on October 17, 1994. After filing of the writ petition, on September 16, 1994 an application has been filed by the petitioner for amendment of the writ petition. This application was allowed by this Court on October 3, 1994. 3. Before considering the merits of the case I would like to state the fact...
Jethabhai Bhimabhai and ors. Vs. Mer Pola Rina and ors.
Court: Gujarat
Decided on: Jul-12-1995
Reported in: 1997ACJ74; AIR1996Guj176; (1996)2GLR746
Mehta, J.1. The appellants are the original claimants whose claim for compensation for the death of the bread winner has been dismissed by the Tribunal. The deceased Kadviben was the wife of appellant No. I and mother of appellants Nos. 2 to 6. The deceased Kadviben and injured Bhimiben were walking over the bridge at about 10.30 in the morning on 3-1-1991. While they were near half way of the bridge, the offending auto rickshaw came from the opposite direction. A hand-cart was attached to the auto rickshaw which dashed against these women; iron hand-cart got separated from the rickshaw; two women fell 30 feet down in the river and the iron hand-cart also fell in the river and hit these two persons. Kadviben died and Bhimiben received some injuries.2. The appellants filed Motor Accidents Claim Petition against the rickshaw driver, owner Mer Pola Rana and against the insurer-Oriental Insurance Co. Ltd. After a few days, by Ex. 9, Gujarat Electricity Board, respondent No. 2 herein was ad...
Alkapuri Investment Pvt. Ltd. Vs. D. S. Khoba and ors.
Court: Gujarat
Decided on: Jul-12-1995
Reported in: (1996)134CTR(Guj)483
RAJESH BALIA, J. :The short question is regarding obligation to deduction of tax by the persons paying interest in terms of s. 194A, as it stood prior to its amendment w.e.f. 1st June, 1987 vide Finance Act, 1987, and consequence that follows as a result of failure to do so.2. The petitioner company is carrying on a business of holding of investment, money lending and financial and industrial enterprises. The petition relates to asst. yr. 1982-83, the previous year of which ended on 30th Sept., 1981. The petitioner in the course of its business borrowed money from large number of persons. The petitioner has also issued secured 11% redeemable bonds on which interest @ 11% was payable to bondholders. At the end of accounting year the petitioner made a provision of estimated liability of the interest payable on all the loans outstanding and debentures and credited to the account of interest payable. No amount of interest payable is credited to the individual accounts of persons to whom su...
Jayantilal Mohanlal Ranva Vs. Election Officer, Amreli Nagarpalika and ...
Court: Gujarat
Decided on: Jul-12-1995
Reported in: (1996)1GLR11
A.N. Divecha, J.1. The order passed by the learned District Judge of Amreli on 21st January 1995 below the application at Ex. 4 in Election Petition No. 1 of 1994 is under challenge in this petition under Articles 226 and 227 of the Constitution of India. By his impugned order, the learned District Judge inter alia ordered that evidence be recorded for the purpose of deciding the election petition filed by and on behalf of the present petitioner.2. The facts giving rise to this petition move in a narrow compass. The elections to the Municipality at Amreli were held some time in December 1994. Counting of votes inter alia of Ward No. 11 took place on 22 December 1994. It appears that the counting of the said Ward was over around 8.15 p.m. Respondent No. 2 was declared elected. He was found to have secured 18 votes more than the petitioner. The petitioner thereupon applied for recounting on that very day before the Election Officer (Respondent No. 1 herein). By his order passed therebelo...
National Insurance Co. Ltd. Vs. Premjibhai Manjibhai Vasava and Etc. E ...
Court: Gujarat
Decided on: Jul-11-1995
Reported in: 1996ACJ468; AIR1996Guj120; (1995)2GLR1352
A.K. Abichandani, J.1. These three appeals have been heard together at the instance of the learned Counsel for both the sides as they arise from the common award of the Motor Accident Claims Tribunal (Main), Bharuch made on 31-3-1984 in Motor Accident Claim petitions Nos.79, 80 and 210 of 1982. It is stated that the appeals which were filed against the common award in Motor Accident Claim Petitions Nos.81, 82 and 83 of 1982 were summarily dismissed.2. The accident took place on 12-12-1981 at about 1.30 a.m. when the Metador tempo bearing registration No. GJG 5586 carrying the claimants for going to village Fagvel for pilgrimage turned turtle near village Vavdi. According to the claimants the vehicle which was driven by Sikkander, the respondent No. 1 who is son of the owner of the vehicle 1sap, the respondent No. 2 had turned turtle because of rash and negligent driving of Sikkander. It was the case of the claimants that they had travelled in the said vehicle on hire. In MACP No. 79/82...
National Insurance Co. Ltd. Vs. Kishoriben Mahendrabhai Pandya and ors ...
Court: Gujarat
Decided on: Jul-11-1995
Reported in: 2(1996)ACC240
R.K. Abichandani, J.1. These three appeals have been heare together at the instance of the learned Counsel for both the sides as they arise from the common award of the Motor Accident Claims Tribunal (Main), Bharuch made on 31.3.1984 in Motor Accident Claim Petitions Nos. 79, 80 and 210 of 1982. It is stated that the appeals which were filed against the common award in Motor Accident Claim Petition Nos. 81, 82 and 83 of 1982 were summarily dismissed.2. The accident took place on 12.12.1981 at about 1.30 a.m. when the Matador tempo bearing Registration No. GJG 5586 carrying the claimants for going to village Fagvel for pilgrimage turned turtle near Village Vavdi. According to the claimants the vehicle which was driven by Sikkander, the respondent No. 1 who is son of the owner of the vehicle Isap the respondent No. 2 had turned turtle because of rash and negligent driving of Sikkander. It was the case of the claimants that they had travelled in the said vehicle on hire. In MACP No. 79/82...
Pushpendra C. Sharma Vs. Nagshi Malshi Matang and ors.
Court: Gujarat
Decided on: Jul-11-1995
Reported in: (1996)2GLR238
A.N. Divecha, J.1. Can the President of a municipality invested with powers to call a special general meeting on the requesting for consideration of a no-confidence motion against him call a meeting after a considerable laps of time? Can be term 'to call' a meeting be equated with the term 'to hold' a meeting for the purpose of consideration of the no-confidence motion more particularly against the president of a municipality? These are the basic question arising in this petition under Article 226 of the constitution of India.2. The factual backdrop giving rise to this petition may be examined. The Municipality involved in this case is the one at Gandhidham. The petitioner was elected as its president with effect from 13th January 1995. Our country has adopted the democratic set-up even for governance of local affairs. The affairs of a Municipality constituted under the Gujarat Municipalities Act, 1963 ('the Municipalities Act' for brief) are also managed by an elected body. The Presid...
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