Gujarat Court October 1996 Judgments
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D.S. Patel and Construction Co. Vs. Competent Authority and Dy. Collec ...
Court: Gujarat
Decided on: Oct-18-1996
Reported in: (1997)3GLR2375
A.N. Divecha, J.1. The order passed by the Competent Authority at Rajkot (respondent No. 1 herein) under Section 8(4) of the Urban Land (Ceiling and Regulations) Act, 1976 ('the Ceiling Act' for brief) as affirmed in appeal by the order passed by the Urban Land Tribunal at Ahmedabad (respondent No. 2 herein) under Section 33 thereof is under challenge in each of these petitions. The petitioners of Special Civil Application Nos. 6273 of 1988 and 6275 of 1988 (the second and the fourth petitions respectively for convenience) are partners in the petitioner-firm in each of the petitions bearing Special Civil Application No. 5845 of 1988 (the first petition for convenience) and Special Civil Application No. 6274 of 1988 (the third petition for convenience). The petitioner of the fourth petition is also a partner in the firm who is the petitioner in Special Civil Application No. 8951 of 1989 (the fifth petition for convenience). Certain lands are commonly involved in all these petitions. Com...
Gujarat Electricity Board Vs. Sub-divisional Magistrate and anr.
Court: Gujarat
Decided on: Oct-18-1996
Reported in: (1997)1GLR287
K.R. Vyas, J.1. The petitioner, by way of this petition under Article 226 of the Constitution of India, has challenged the show-cause notice dated 13-9-1988, Annexure 'A' to the petition, issued by the Sub-Divisional Magistrate, Bulsar, respondent No. 1 herein, under Section 144 of the Code of Criminal Procedure, calling upon the petitioner to direct the concerned officer of the Board to remain present before him and to show cause as to why orders proposed in the said notice should not be passed. In the said show-cause notice, it was, inter alia, alleged that in the area of Valsad Nagar Palika supply of electricity was cut off by the Board without prior notice. On 7-9-1988 at about 5-00 p.m. the power supply was cut off for a continuous period of about 6 hours and there was no supply of electricity in the area in question. It is further stated in the notice that on account of technical reasons when the supply was disturbed, no action was taken to find out the mechanical failure within ...
State of Gujarat Vs. Mustufakhan Bismillakhan Pathan
Court: Gujarat
Decided on: Oct-17-1996
Reported in: (1997)1GLR441
A.N. Divecha, J.1. The judgment and order of conviction passed by the learned Metropolitan Magistrate of Court No. 7 at Ahmedabad on 27th January 1983 in Criminal Case No. 819 of 1982 is under challenge in this appeal only for the limited purpose of adequacy of sentence under Section 377 of the Code of Criminal Procedure, 1973 (the Cr. P.C. for brief). Thereby the learned trial Magistrate convicted the respondent-accused of the offence punishable under Section 324 of the Indian Penal Code, 1860 (the I.P.C. for brief) and sentenced him to fine of Rs. 75/- in default imprisonment for 15 days and also of the offence punishable under Section 135(i) of the Bombay Police Act, 1951 (the Act for brief) and sentenced him to fine of Rs. 20/- in default simple imprisonment for 10 days.2. It is not necessary to set out in detail the facts giving rise to this appeal. It may be sufficient to note that the respondent-accused was charged with the offences punishable under Sections 324 and 504 of the I...
United India Phosferous Ltd. and ors. Vs. Vinodhbai Mohanbhai Patel an ...
Court: Gujarat
Decided on: Oct-16-1996
Reported in: [1997]89CompCas764(Guj); (1997)1GLR84
S.D. Pandit, J.Rule.1. The accused in Criminal Case No. 568 of 1996 on the file of the Judicial Magistrate, First Class, Ahmedabad Rural, have filed the present petition under section 482 of the Code of Criminal Procedure, 1973, for quashing and setting aside the proceeding of the said criminal case. 2. The petitioners are a private limited company manufacturing agro-climatic and pesticides. Respondent No. 1 was a customer of the petitioner company and admittedly there were transactions of respondent No. 1 purchasing the petitioner company's produce on credit. It is the claim of the petitioner that on October 5, 1995, respondent No. 1 was owing an amount of Rs. 6,71,115.26 and towards the said dues, they gave a cheque bearing No. 168896 on January 30, 1996. The said, cheque presented by the petitioner for encashment to their bank and the cheque was dishonoured with an endorsement of insufficient funds. Thereafter, the petitioners had issued statutory notice under section 138 of the Neg...
State of Gujarat Vs. Mahendra Mills Ltd., Kalol and anr.
Court: Gujarat
Decided on: Oct-16-1996
Reported in: (1997)2GLR1123
A.N. Divecha, J1. The order of acquittal passed by the learned Judicial Magistrate (First Class) at Kalol on 30th January 1993 in Criminal Case No. 1900 of 1987 is under challenge in this appeal by leave of this Court under Section 378 of the Code of Criminal Procedure, 1973 (the Code for brief). Thereby the learned trial Magistrate has acquitted the respondents - accused only on the ground that the complaint against them was filed beyond the period of one year in view of Section 468 thereof.2. It is not necessary to set out in detail the facts giving rise to this appeal. It may be sufficient to note that the Government Labour Officer - Conciliation Officer under the Industrial Disputes Act, 1947 (the I.D. Act for brief) filed his complaint on 7th July 1987 against the respondents herein charging them with the offences punishable under Section 25-Q and Section 31(2) read with Section 25-M(1) of the Act and Rule 79-A of the Industrial Disputes (Gujarat) Rules, 1966 (the Rules for brief)...
Radha Kishan Cements Ltd. and anr. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Oct-15-1996
Reported in: (1997)3GLR2485
S.K. Keshote, J.1. Heard learned Counsels for the parties. The learned Counsel for the petitioners made a statement before this Court that the petitioner No. 1 Company is a sick industry and B.I.F.R. has already recommended to this Court for winding thereof and the said matter is pending before this Court. The learned Counsel for the petitioners further admits that similarly factory of petitioner No. 1 is also not in operation.2. The petitioner, in Special Civil Application No. 238 of 1986 has challenged the communication dated 2-1-1986, Annexure 'F', under which the petitioner was directed to hand over possession of lease area of Survey No. 123/2/Part (East side), village Mankadchampa and Survey No. 40/Part (East side), village Dhagadia, to the Range Forest Officer within 15 days from receipt of the said notice. The lease has been sanctioned for the aforesaid lands for Minor Mineral Limestone under the order dated 24th July 1980. It is not in dispute that the agreement of lease has be...
Dalpatbhai G. Doshi and anr. Vs. Vinay Vyas and anr.
Court: Gujarat
Decided on: Oct-14-1996
Reported in: AIR1997Guj165
ORDERS.K. Keshote, J.1. Having heard the learned counsel for the parties, do not find any substance in this Special Civil Application.2. It is not in dispute that the Green neem Trees and Karji trees grown on the side of the main road on the north of the Kunvarba Mahila Vidya Mandir were cut down by the contractor, who is not a party here, without taking permission of the appropriate authority. The provisions of Section 3(1) of Saurashtra Felling of Trees Act has been violated in the present case. The petitioners herein, who were at the relevant time the President and Chief Officer of the Municipality were given the notice under Section 3(1) of the aforesaid Act as to why the trees cut down may not be confiscated. The contractor has cut down the trees under the contract given by the President and the Chief Officer of the Nagar Palika Palanpur and the Mamlatdar Palanpur under its order dated 8-2-1985 has imposed fine of Rs. 500/- to each of the petitioners. The Mamlatdar, Palanpur held ...
Bipinchandra T. Shah Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Oct-14-1996
Reported in: (1997)3GLR2349
B.C. Patel, J.1. Petitioner has approached this Court for a writ of Mandamus or any other appropriate writ, order or direction, directing the respondents to give to the petitioner all the benefits which are made available to the Government servants from the date of transfer of petitioner's services to the respondent-Panchayat till his resignation and all consequential benefits which are available to the Government servants. Petitioner was recruited on June 27, 1961 in the service and his services were with the then Municipality of Vanthali, however, in view of Gujarat Panchayats Act, 1961, the Municipality of Vanthali was converted into a Nagar Panchayat under the provisions of the Gujarat Panchayats Act, 1961 and his services came to be transferred to the respondent-Panchayat.2. On conversion of Municipality into Nagar Panchayat, all the members of the staff who were in services of Municipality stood transferred to Panchayat-respondent No. 2. Petitioner has averred that he has continu...
Parshottambhai Kadubhai Bhavaiya Vs. State of Gujarat
Court: Gujarat
Decided on: Oct-10-1996
Reported in: (1997)1GLR483
A.N. Divecha, J.1. The judgment and order of conviction passed by the learned Additional Sessions Judge of Kheda at Nadiad on 31st December 1986 in Session Case No. 132 of 1986 is under challenge in this appeal under Section 374 of the Code of Criminal Procedure, 1973 (the Cr. P.C. for brief). Thereby the learned trial Judge convicted the appellant-accused of the offence punishable under Section 307 of the Indian Penal Code, 1860 (the I.P.C. for brief) and sentenced him to rigorous imprisonment for 3 years and fine of Rs. 200/- in default rigorous imprisonment for one month.2. The facts giving rise to this appeal move in a narrow compass. One lady, named, Shardaben, wife of the appellant-accused, was carried to Civil Hospital at Kheda in a burnt condition on 17th February 1986. Since it was a medico-legal case, the Medical Officer informed the police of it. Thereupon, her complaint was recorded by the police. It is at Ex. 29 on the record of the trial. The Medical Officer examined as p...
State of Gujarat Vs. S.S. Murthy and ors.
Court: Gujarat
Decided on: Oct-10-1996
Reported in: (1997)1GLR10
S.D. Dave, J.1. In this Intra-Court Appeals, we are concerned with the decision rendered by the learned single Judge (Our esteemed Brother M.R. Calla, J.) in Special Civil Application No. 3601 of 1994 with Special Civil Application 12921 of 1994 (Reported in 1995(2) GLR 1178, S.S. Murthy v. State of Gujarat) decided on 9th/10th March, 1995.2. The said Special Civil Applications came to be allowed with the directions as under:(i) The Chief Justice may consider the anomaly in the matters of pay scales of the Private Secretaries to the High Court Judges and the Private Secretaries attached to the officers drawing pay at Rs. 8000/- in the Government Secretariat and keeping in view the observations made hereinabove, may consider as to what pay scales should be prescribed for the holders of the posts of Private Secretaries to the High Court Judges.(ii) In case the Chief Justice decides and prescribes that the pay scale of the Private Secretaries to the High Court Judges should be the pay sca...
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