Gujarat Court August 1995 Judgments
Paritosh Maghraj Calla Vs. Gujarat University, Ahmedabad and anr.
Court: Gujarat
Decided on: Aug-29-1995
Reported in: AIR1996Guj188; (1996)1GLR640
ORDERR.A. Mehta, J.1. The petitioner, a student of First Year B.Com. in the 2nd respondent-H. L. College of Commerce, affiliated to the 1st respondent-Gujarat University, was not admitted to the First Year B.Com. University examination and his application form was withdrawn by the college as he did not pass the internal evaluation in five out of seven subjects. For internal (college) evaluation, the maximum marks are 30 in each subject and 70 marks are for the external (University) examination. The standard of passing is 36%. of marks obtainable. The petitioner obtained the following marks in each of the seven subjects out of 30.SubjectsMarks obtained out of 301. English232. Commercial Communication-1113. Economics-I64. Accountancy35. Business Organisation & Management-I86. Principal Subject-Advance Accountancy87. Subsidiary Subject-Computer Programming82. This refusal to admit to the University examination is based on Regulation F.B. Com.I, 2(i) which provides that no candidate who ha...
Tag this Judgment!Rajesh Dilipkumar Shah Vs. Yogeshkumar Chokshi and ors.
Court: Gujarat
Decided on: Aug-28-1995
Reported in: (1996)2GLR352
K.J. Vaidya, J.1. Rajesh Dilipkumar Shah, claiming Kinjai, his sweet-heart, as his lawfully married wife, has come before us inter alia praying for issuance of the writ of Wabeas Corpus, against his father-in-law Yogeshkumar Chokshi, Respondent No. 1 directing him to produce her daughter (Kinjai) before the Court and hand over her custody to him alleging that though she is aged 19, major, still she is beaten up and illegally detained in his house against her will, with a view to prevent her from returning to her matrimonial home.2. According to the petitioner, he married with Kinjai on 2-3-1995 at Ahmedabad, and got the same registered before the Registrar of Marriages Ahmedabad. In support of this say, he has also produced a copy of the Memorandum of Marriage in question duly signed.by all the parties concerned, that is to say petitioner himself, Kinjai and the officiating priest, namely, Ramesh K. Joshi, who performed the marriage-rites as well as joint-affidavit, further declaring t...
Tag this Judgment!Sujal Atul Munshi and ors. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Aug-17-1995
Reported in: AIR1996Guj170
ORDERS.M. Soni, J.1. On completion of hearing on 11-8-95, this Court was short of time to give reasons and, therefore, the final-order was pronounced in the Court on that day. Giving of reasons was deferred and the same are now given hereunder.2. Petitioner of Spl. C. A. No. 5617 of 1995 is a guardian of one minor Mehul, who had cleared his Higher Secondary School Certificate Examination (Science Stream) with 262 marks) minus 30 of attempts, which comes to 232 marks, to be considered for the purpose of admission to professional courses, The petitioner belongs to Scheduled Caste community in felation to this State. In State, there is one college named Pramukh Swami Medical College, Karamsad, which has payment seats where tuition fees payable are Rupees 55,000/- (Rupees fifty-five thousand) per term. According to the petitioner, so far as payment seats are concerned, reservation is not made available to SC/ST students. According to the petitioner, not providing of reservation in such pay...
Tag this Judgment!Manjula Kirtikumar Solanki Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Aug-17-1995
Reported in: (1996)1GLR716
S.M. Soni, J.1. On completion of hearing on 11-8-95, this Court was short of time to give reasons and, therefore, the final order was pronounced in the Court on that day. Giving of reasons was deferred and the same are now given hereunder.2. Petitioner of Spl. C.A. No. 5617 of 1995 is a guardian of one minor Mehul, who had cleared his Higher Secondary School Certificate Examination (Science Stream) with 262 marks, minus 30 of attempts, which comes to 232 marks, to be considered for the purpose of admission to professional courses. The petitioner belongs to Schedule Caste community in relation to this State. In State, there is one college named Pramukh Swami Medical College, Karamsad, which has payment seats where tuition fees payable are Rs. 55,000/- (Rupees fifty-five thousand) per term. According to the petitioner, so far as payment seats are concerned, reservation is not made available to SC/ST students. According to the petitioner not providing of reservation in such payment seats ...
Tag this Judgment!Chandravadan Manubhai Alias Manwantrai Mehta Vs. Nalini NavIn Bhagwati ...
Court: Gujarat
Decided on: Aug-14-1995
Reported in: AIR1996Guj123; (1995)2GLR1719
ORDERN.J. Pandya, J.1. In testamentary jurisdiction of the City Civil Court, Ahmedabad, two different proceedings were pending filed by the opponents being Civil Misc. Application No. 806 of 1990 and Civil Misc. Application No. 807 of 1990 respectively for grant of probate of Will of one deceased Kamlaben and for grant of heirship certificate in respect of the estate of one late Shri Narendra.2. The applicant had filed two Civil Misc. Applications being 781 of 1990 and 782 of 1990 respectively for cancellation of probate granted in favour of the opponents in earlier proceeding as well as cancellation of heirship certificate. After hearing both the sides, the learned Judge passed an order on 23-8-1994 whereby the applications of the opponents i.e. Civil Misc. Applications Nos. 806 of 1990 and 807 of 1990 were ordered to be converted into Regular Civil Suits; while the application of the applicant namely Applications Nos. 781 of 1990 and 782 of 1990 were ordered to be continued as Misc. ...
Tag this Judgment!Valimahmod Kamalbhai Vs. Prajapati Motilal Virabhai and anr.
Court: Gujarat
Decided on: Aug-08-1995
Reported in: (1996)1GLR566
J.N. Bhatt, J.1. Could a tenant be said to be protected by the provisions of Bombay Rent Act who is unable to pay arrears of rent owing to want of means, but is otherwise ready and willing, is the sole, but a significant question which has come up for consideration and adjudication in this revision at the instance of an unsuccessful tenant by invoking the provisions of Section 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bombay Rent Act).Respondent No. 1 is the original plaintiff who instituted a regular civil suit No. 207 of 1975 against the petitioner and respondent No. 2 and one other defendant. The suit was filed for possession of the suit premises on the ground of non-payment of rent by the petitioner tenant. The suit was decreed for possession on the ground of non-payment of rent under Section 12(3)(a) of the Bombay Rent Act, by the trial Court, on 28th February, 1979. The tenant carried the matter in appeal before the District Court by filing Regul...
Tag this Judgment!Mrs. Shantaben Harshadbhai Rajeshbhai Chaudhary Vs. State of Gujarat a ...
Court: Gujarat
Decided on: Aug-07-1995
Reported in: 1996CriLJ1913; (1996)1GLR608
ORDERD. Shah, J.1. Leave to amend is granted. The Superintendent, Central Prison, Sabarmati, is permitted to be added as party respondent No. 4.2. The petitioner is the wife of one Harshadbhai Rajeshbhai Chaudhary who is ordered to be detained vide order of detention dated 14th May, l995 passed by the District Magistrate, Mehsana, on his being satisfied that with a view to preventing the detenu from acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community, it was necessary to detain the detenu. Along with the order of detention, the grounds of detention duly formulated and of even date are supplied to the detenu in the language known to him.3. From the grounds of detention supplied to the detenu, it becomes clear that vide Notification dated 24th of August, 1981, the petroleum Products i.e. High Speed Diesel and Petrol are declared to be essential commodities. It is also clear that there is one petrol pump being run at village Dhinoj in ...
Tag this Judgment!Harilal Gordhanbhai Vs. Ramniklal D. Ratneshwar and anr.
Court: Gujarat
Decided on: Aug-07-1995
Reported in: (1996)1GLR447
J.N. Bhatt, J.1. Should the second application for fixation of standard rent after dismissal of the first application for non-prosecution upon receipt of notice of demand of rent of more than six months, under Section 12(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 ('the Rent Act' for short) give protection to the tenant from an ejectment decree, is the theme of the present revision.2. The petitioner is the original defendent-tenant and the respondents are the original plaintiff-landlods in respect of demised premises consisting of one room, Osri and kitchen on the ground floor situated in Vaniawadi Sheri No. 2 at Rajkot. The parties are hereinafter addressed to as the landlords and tenant for the sake of convenience and brevity. The demised premises were let to the tenant at the monthly agreed rent of Rs. 60/- inclusive of taxes.3. The landlords filed Regular Civil Suit No. 6 of 1980 in the Small Cause Court at Rajkot for possession on the ground of non-paym...
Tag this Judgment!Pravinbhai Jashbhai Patel and anr. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Aug-05-1995
Reported in: (1995)2GLR1210
B.N. Kirpal, C.J.1. Large scale pollution of the Kharicut Canal and the areas at least in the immediate vicinity thereof by some of the industrial units, which are now within the Ahmedabad Municipal limits, and the inaction of the Government Authorities in taking any effective steps to control it has led to the filing of the present writ petition. As we shall presently see, it is as if a Chemical War has been launched by some industrial units, against Man and Nature.2. The two petitioners are agriculturists having agricultural land in Kheda District. In this petition, which has also been termed as 'a public interest litigation', it is alleged that the industries which have been set up in the industrial estates at Naroda, Vatva and Odhav in Ahmedabad are discharging their polluted effluents into Kharicut Canal which, in turn, leads to Khari river. It is further alleged that there are about 11 villages in Kheda District, whose only source of water for the purposes of agriculture is from ...
Tag this Judgment!B.K. Doshi Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Aug-04-1995
Reported in: (1996)2GLR371
M.R. Calla, J. 1. Petitioner was appointed as a Clerk in the year 1950 and later on was promoted as Accountant on 21-8-1964. Thereafter, he was made Head Clerk on 15-12-1965. He was then reverted from the post of Head Clerk by order dated 25-11-1966 and was again made Accountant on 20-11-1967. Petitioner's basic grievance is against his reversion order dated 25-11-1966 coupled with the grievance relating to the promotion of his juniors during the period between 25-11-1966 and 20-11-1967. The petitioner has challenged the seniority list of Assistant Superintendents as on 1-1-1979, which is available at page 21 (Annexure B) with the Special Civil Application, as also the seniority list Annexure 'A' and he claims seniority over the respondent Nos. 3 to 13. His grievance is that his date of appointment as Head Clerk has been treated to be 20-11-1967 and 13-8-1971 as the date of confirmation. His claim is that he should be given seniority on the basis of his date of appointment as Accountan...
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