Gujarat Court September 1996 Judgments
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Chimanlal Bhagwandas Panchal Vs. Heirs and Legal Representatives of Ba ...
Court: Gujarat
Decided on: Sep-10-1996
Reported in: (1997)3GLR2083
J.N. Bhatt, J.1. These two Revision Applications arise out of common judgment and order recorded by the Appellate Bench of the Small Causes Court, Ahmedabad, in Civil Appeal No. 25 of 1991 and Civil Appeal No. 36 of 1991 whereby the Appellate Bench allowed Civil Appeal No. 25 of 1991 wherein the judgment and decree recorded by the trial Court in H.R.P. Suit No. 1148 of 1982 was set aside and dismissed Civil Appeal No. 36 of 1991 filed by the present petitioner by invoking the provisions of Section 29 Sub-section (2) of the Bombay Rents, Hotel & Lodging House Rates Control Act, 1947 ('Rent Act'). Since both these Revision Petitions arise out of one common order and raise identical questions between the same parties, they are being disposed of by this common judgment.2. Respondents are the original plaintiffs-landlords who instituted H.R.P. Suit No. 1148 of 1982 for possession on the ground of non-payment of rent against the petitioner original defendant-tenant in respect of the demised ...
Hiraben Mangabhai and ors. Vs. Maganbhai Somabhai and ors.
Court: Gujarat
Decided on: Sep-10-1996
Reported in: 1998ACJ593; (1997)2GLR792
N.J. Pandya, J.1. This appeal arises out of the judgment and award which came to be given by the Motor Accidents Claims Tribunal No. 8 (Aux.), Ahmedabad in Motor Accident Claim Petition No. 47 of 1990. The claim was preferred by widow and children of Mangabhai, who died in a vehicular accident. The accident occurred on 9.5.1989 and the vehicle involved in it was a trailer truck bearing No. GRD 2979. At about 10 p.m. husband of applicant No. 1 was proceeding with a hand-cart from Subhash Bridge towards his residence. As originally pleaded, the truck was driven by opponent No. 1 and on account of his negligent driving the said Mangabhai was knocked down with fatal consequences. The claimants had claimed Rs. 2,00,000/-.2. In the course of time, opponent No. 6 came to be joined as owner and opponent No. 7 came to be joined as driver of the said vehicle. This change was brought about by application Exh. 8 before the trial court. This application had become necessary because the R.T.O. recor...
State of Gujarat Vs. Sadhu Parmeshwar Ramswamy
Court: Gujarat
Decided on: Sep-10-1996
Reported in: (1997)1GLR409
K.J. Vaidya, J.1. How the casual approach of the police at the time of arresting the accused red-handed could in one way prevent the High Court from finally hearing and deciding the acquittal appeal and in other way inadvertently assisting the accused to give slip to police and manage to keep the safe distance from the Court frustrating the attempt of the State to secure presence and possibly conviction and receive sentence-is an aspect glaring and shocking enough which has incidentally surfaced before us to be suitably dealt with.2. To briefly narrate, few relevant facts and circumstances of the case constraining this Court to preface the above observations are to the effect that respondent Sadhu Parmeshwar Ramaswamy was caught red-handed by the police at Bhavnagar railway station on 10-5-1995 with 'ganja' weighing two-and-half kilos for which he came to be tried for the alleged offences punishable under Sections 8 and 20 of the N.D.P.S. Act, 1985, by the learned Additional Sessions J...
Rupa Ashok Hurra Vs. Ashok G. Hurra
Court: Gujarat
Decided on: Sep-09-1996
Reported in: (1996)3GLR668
B.C. Patel, J.1. This Letters Patent Appeal is preferred by original petitioner No. 2 in the Hindu Marriage Petition and original respondent in the First Appeal, being aggrieved by the judgment and order passed by the learned single Judge (Coram: S.D. Shah, J.) on 15-3-1996 in First Appeal No. 1070 of 1987 (Reported in 1996(2) GLR 650).2. Without passing the formal order of 'admission', we have heard the matter as if it is admitted. We have given full opportunity to the learned Advocates appearing for the parties to make their submissions as if the appeal is finally heard.3. Facts leading to the filing of the present L.P.A. succinctly stated, are as under:3.1 The parties to the proceedings submitted a joint application before the City Civil Court, Ahmedabad as contemplated under Section 13B of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) for divorce by mutual consent on or about 21-8-1984, which has been numbered as H.M.P. No. 248 of 1984, wherein petitioner No. 1 ...
State of Gujarat Vs. Kanubhai Gokaldas Shah
Court: Gujarat
Decided on: Sep-09-1996
Reported in: (1996)3GLR858
M.R. Calla, J.1. This Appeal is directed against the order dated 31-7-1989 passed by the Chief Judicial Magistrate, Nadiad in Criminal Case No. 25 of 1985. There were five accused in this Criminal case, accused No. 1 being the concerned firm (Pedhi) known as M/s. Pravinchandra Kanubhai and Brothers. Accused No. 2 was Kanubhai Gokaldas Shah and accused Nos. 3, 4 and 5 were Pravinchandra Mohanlal Shah, Champaklal Gokaldas Shah and Rameshchandra Mohanlal Shah respectively. The Chief Judicial Magistrate, Nadiad by order dated 31-7-1989 held that concerned firm, i.e., Accused No. 1 was guilty of the offences under Section 7(V) and Section 16(l-A)(i) and accordingly the firm was fined a sum of Rs. 1,000/-. Accused No. 2 was also convicted for the offences under Section 7(V) and Section 16(l-A)(i) of the Prevention of Food Adulteration Act, 1954 and was sentenced to the punishment till the rising of the Court and fine of Rs. 1,000/- and in default to undergo six months simple imprisonment. Ac...
Dharmendra Dhirajlal Soneji Vs. State of Gujarat
Court: Gujarat
Decided on: Sep-04-1996
Reported in: (1997)1GLR198
K.J. Vaidya, J.1. The enigmatic problem which incidentally we have been called upon to resolve in these two appeals, one of which is for the enhancement of the sentence is a question-'Whether and when in the midst of an intense rampant, unabated, psychic pollution challengingly, spreading like the forest fire all around in the society and in particular engulfing and victimizing the unguarded young generation of slippery age making them prone to commit crimes because of the mesmerizing uncontrolled obscene films exhibiting sex and crime day in and day out beamed through the channels on the TV and the Government as if unconcerned with this doing nothing about it, can the unwary victim of such psychic pollution inflicted disease be punished and if at all punished savagely for the alleged offence of rape for 7 years? Over and above and apart parents, has indeed the Government no public duty rather accountability to its citizens to take care of their psychic health by controlling and preven...
H.M. Joshi Vs. Manojkumar Jain
Court: Gujarat
Decided on: Sep-04-1996
Reported in: (1997)1GLR162
M.R. Calla, J.1. The question which has engaged the attention of this Court in these three matters is as to whether a party like Municipal Corporation (not being State as such) has the remedy of revision under Section 397 of the Criminal Procedure Code before the Sessions Court, if it is aggrieved against the inadequacy of the sentence? In this context the relative scope and amplitude of Sections 377, 386, 397 and 401(4) is required to be considered and further that in case such revision is held to be legally maintainable, whether the order passed by the Sessions Court rejecting the revision on the ground of the same being not maintainable is open to be remedied by this Court under Section 482 Cr. P.C.Criminal Appeal No. 832 of 1995The Chief Judicial Magistrate, Bhavnagar passed an order dated 5-3-1993 whereby he imposed a fine of Rs. 300/- in default to undergo 5 days' S.I. for the offence under Section 398 of the Bombay Provincial Municipal Corporations Act, 1949 in Criminal Case No....
Ahmedabad Co-operative Department Stores Ltd. Vs. Union of India (Uoi) ...
Court: Gujarat
Decided on: Sep-02-1996
Reported in: (1997)2GLR1088; (2000)IIILLJ1162Guj
S.K. Keshote, J.1. The petitioner, a Co-operative Society registered under the provisions of the Gujarat Co-operative Societies Act, 1961 has filed this petition challenging the order of the Regional Provident Fund Commissioner, Gujarat State, Ahmedabad, dated November 8, 1983 under which it has been held that the employees engaged by the counter-holders (licensees) in the premises of the establishment do represent the establishment and they do fall in the category of employees covered under Section 2(f) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as 'the Act'). The petitioner establishment runs Apna Bazar wherein different persons were given out counters. The respondents treated the employees who were working in the aforesaid counters as the employees of the petitioner establishment and issued notice to comply with the provisions of the Act in respect of the employees engaged by the counter-holders. The petitioner contended before ...
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