Gujarat Court October 1997 Judgments
Mafatlal Industries Ltd. Vs. Gujarat Gas Co. Ltd. and ors.
Court: Gujarat
Decided on: Oct-24-1997
Reported in: [1999]97CompCas301(Guj); (1998)2GLR1436
M. S. Shah, J. 1. This appeal is filed by the original plaintiff against the interlocutory order dated September 11, 1997, passed by the City Civil Court, Ahmedabad, rejecting the notice of motion filed by the appellant-plaintiff in Civil Suit No. 3533 of 1997. In a nutshell : The subject-matter of the present suit is transfer of 3,81,000 equity shares in defendant No. 1 - a public limited company - Gujarat Gas Company Limited (hereinafter referred to as 'the company' or as 'Gujarat Gas') engaged in the supply and distribution of natural gas to domestic and industrial consumers in the State of Gujarat. 2. The appellant-plaintiff, which is a company engaged in manufacturing textiles and chemicals, is a shareholder in Gujarat Gas with 49,95,325 shares amounting to about 39 per cent. of the shareholding. In all 5,00,000 shares amounting to 3.87 per cent. of the total equity capital were sold by the plaintiff to defendant No. 2, a foreign institutional investor (FII), in October, 1993, and...
Tag this Judgment!Gujarat Lottery Sellers Association Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Oct-24-1997
Reported in: (1998)1GLR10
R.A. Mehta, J.1. The petitioner. Gujarat Lottery Sellers Association has by this petition challenged the Constitutional validity of the Lotteries (Regulation) Ordinance. 1997, promulgated by the President of India on 1st October 1997 and bringing into force on 2nd October 1997 The petitioner has also challenged the Government of Gujarat notification dated 30th September, 1997 banning the instant lotteries within the State with effect from 1st November 1997.2. Lotteries (Regulation) Ordinance provides that no State Government shall organise conduct or promote any lottery save as provided in Section 4. Section 4 reads as follows:4 A State Government may organise, conduct or promote a lottery, subject to the following conditions, namely:(a) prizes shall not be offered on any pre-announced number or on the basis of a single digit,(b) the State Government shall print the lottery tickets bearing the imprint and logo of the State in such manner that the authenticity of the lottery ticket is e...
Tag this Judgment!Ashvinbhai Kalaria Vs. Jayantilal Mathurdas Patel and anr.
Court: Gujarat
Decided on: Oct-24-1997
Reported in: (1998)3GLR2111
S.D. Pandit, J.1. Ashvinbhai Kalaria original accused in Criminal Case No. 386 of 1994 has preferred the present revision application against the order of the learned Additional City Sessions Judge passed in Misc. Cri. Application No. 2027 of 1997 on 2-9-1997.2. Misc. Criminal Application No. 2097 of 1997 was filed by the respondent No. 1 Jayantilal Mathurdas Patel, the complainant in Criminal Case No. 386 of 1994 seeking condonation of delay caused in filing revision application filed by him for restoring this Criminal Case No. 386 of 1994 which was dismissed by learned Metropolitan Magistrate on 30-11-1994. The learned Sessions Judge has condoned the delay in filing the revision application and hence the original accused has come before This Court. It is necessary to mention here few facts of this case. Cri. Case No. 386 of 1994 was filed by respondent Jayantilal Mathurdas Patel against the present revision applicant for the alleged commission of the offences punishable under Section...
Tag this Judgment!Paresh J. Mehta Vs. G.M. Malvat, Additional Registrar and anr.
Court: Gujarat
Decided on: Oct-24-1997
Reported in: (1998)2GLR967
N.N. Mathur, J.1. The petitioner-Paresh J. Mehta, who is an Advocate of This Court, on his own submitted his bio-data for appointment to Class-I administrative post in the High Court of Gujarat, has approached This Court by way of this Special Civil Application under Article 226 of the Constitution seeking directions to quash and set aside the promotion of respondent No. 1 - G.M. Malvat on the post of Additional Registrar. He also seeks direction for fresh interviews for the post of Additional Registrar and prays that the case be considered. It is also prayed that an appropriate departmental enquiry be initiated against respondent No. 3-Mr. J.K. Patel, the Registrar of the High Court for false and improper submissions before the Hon'ble Chief Justice for such a Class I post and for not furnishing the requirements of the post of Addl. Registrar.2. The say of the petitioner is that respondent No. 1 is simply S.S.C. and he is not eligible for appointment on the post of Addl. Registrar. Hi...
Tag this Judgment!Patel Maganbhai Kesurbhai Since Decd. Through His Heirs Vs. Bhogilal P ...
Court: Gujarat
Decided on: Oct-24-1997
Reported in: (1998)2GLR961
S.K. Keshote, J.1. Heard the learned Counsel for the respondent No. 5 and perused the Special Civil Application.2. The petitioner has expired during the pendency of this Special Civil Application and his heirs and legal representatives have already been brought on record.3. None of the respondents including the respondent No. 5 has filed reply to this Special Civil Application.4. The land in dispute is admeasuring 18 sq. mts. only. The respondent Nos. 1 to 4 are Vasava by Caste and they were the owners and in possession of the said land from whom the petitioner purchased this land by registered sale deed on 16-6-19X1 for Rs. 800/-. After purchasing this land, the petitioner constructed a pucca house after spending considerable amount and that house is being used by the petitioner for the purpose of residence and keeping the agricultural implements. The petitioner stated that the land is a Gamthan land (Gabhan).5. The Deputy Collector initiated suo motu inquiry by giving notice to the p...
Tag this Judgment!Gujarat Mineral Development Corporation Ltd. Vs. B.B. Sinha and anr.
Court: Gujarat
Decided on: Oct-24-1997
Reported in: (1998)3GLR2061
C.K. Thakker, J.1. Both these appeals arise out of a common judgment and order passed by the learned single Judge in Special Civil Application No. 10679 of 1994, decided on 5th September, 1995. That petition was filed by B.B. Sinha, appellant of Letters Patent Appeal No. 940 of 1995 for an appropriate writ, order or direction quashing and setting aside the order dated June 21, 1994, passed by the Gujarat Mineral Development Corporation Ltd. (hereinafter referred to as 'the Corporation') (Appellant of Letters Patent Appeal No. 918 of 1995), by which the services of the petitioner came to be terminated. A further prayer was made to hold Rule 27 of the Gujarat Mineral Development Corporation (Staff) Service Rules, 1969 (hereinafter referred to as 'the Rules') invalid, unconstitutional and ultra vires Article 14 of the Constitution of India. A prayer was also made directing the respondent-Corporation to treat the petitioner in continuous service and by ordering the Corporation to pay to th...
Tag this Judgment!N.C. Bhatt Vs. Controller, Food and Civil Supplies
Court: Gujarat
Decided on: Oct-23-1997
Reported in: (1998)1GLR758
N.N. Mathur, J. 1. The issue involved in this Special Civil Application can be disposed of at the motion stage itself. The issue is whether a service of a convicted employee can be terminated in spite of the fact that the appeal against his conviction has been admitted by the appellate Court for consideration and sentence has been suspended. 2. The matrix of the case giving rise to the issue deserves brief notice. The petitioner has been convicted for offence under S. 13(1)(d) & 13(2) of the Anti-Corruption Bureau Act, 1988 (sic) and sentenced to undergo one year's rigorous imprisonment and to pay fine of Rs. 100/-. The respondent Controller, Food and Civil Supplies, served a notice dated 23.3.1994 to the petitioner to show cause as to why his services be not terminated as he has been convicted and sentenced by the competent Court. The petitioner replied stating that his appeal against the order of conviction is pending before the High Court and the sentence pending appeal has been sus...
Tag this Judgment!Divisional Controller and anr. Vs. Shivaji Andaji Bhil, Deceased Throu ...
Court: Gujarat
Decided on: Oct-23-1997
Reported in: (1999)IIILLJ50Guj
1. This Letters Patent Appeal is filed by the State Road Transport Corporation against the judgment and order passed by the learned single Judge in Special Civil Application No. 3170 of 1995, decided on September 2, 1997. By the said order, the learned single Judge allowed the petition filed by the workman and set aside the order of dismissal of the petitioner from service passed by the authority on March 29, 1995.2. The first respondent was the original petitioner. He was serving with the appellant-Corporation. A neighbour of the petitioner filed a complaint against the petitioner at Harij Police Station for offences punishable under Sections 66(b) and 85(1) of the Bombay Prohibition Act, 1949. Pursuant to the said complaint, a case was registered and ultimately the petitioner came to be convicted by the learned Judicial Magistrate, First Class, Harij as he pleaded guilty. After the conviction recorded by a competent criminal Court, a show-cause notice was issued by the appellant-Corp...
Tag this Judgment!BhavIn Natvarlal Patel Vs. Regional Passport Officer and ors.
Court: Gujarat
Decided on: Oct-23-1997
Reported in: (1998)1GLR770
M.S. Shah, J.1. This petition under Article 226 of the Constitution is filed by Bhavin Natvarlal Patel through his sister and Power of Attorney Holder VaishaliNaivarlal Patei for change of birth date from June 23, 1975 to June 23, 1978 in the petitioner's passport.2. Petitioner Bhavin Naivarlal Patel was granted a passport on February 12, 1982 and thereafter another passport was issued on December 10,1991 with validity period upto December 9, 2001. In the aforesaid passports, the petitioner's birth date was mentioned as June 23, 1975. The petitioner submitted that the birth date as mentioned in these passports was on the strength of School Leaving Certificate, wherein the petitioner's birth date was mentioned as June 23, 1975, but the correct birth date is June 23, 1978 as mentioned in the birth certificate issued by the Ahmedabad Municipal Corporation. The petitioner had, therefore, requested the passport authority to grant fresh passport with correct birth date as June 23, 1978, as p...
Tag this Judgment!Anil G. Shah Vs. J. Chittranjan Co. and anr.
Court: Gujarat
Decided on: Oct-21-1997
Reported in: 1998(2)ALD(Cri)71; [1999]97CompCas371(Guj); 1998CriLJ3870; (1998)1GLR303
S.D. Pandit, J. 1. The original complainant in Criminal Case No. 2203 of 1994 on the file of the learned Metropolitan Magistrate, Court No. 9, Ahmedabad, has filed the present revision application to challenge the order passed by the learned Additional City Sessions judge, Ahmedabad in Criminal Revision Application No. 296 of 1996 oil July 7, 1997. 2. The revision applicant, Anil G. Shah, is the son of the late G. L. Shah and he was also a power of attorney holder of G. L. Shah when he filed Criminal Case No. 2203 of 1994 against the respondent for the alleged offence punishable under section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act'). The said Criminal Case No. 2203 of 1994 was filed on July 7, 1994, and the description of the complainant in the complaint is given as under : 'G. L. Shah, through authorised representative and constituted attorney, Anil G. Shah. 'Sanskrut', 2nd Floor, Navrangpura, Ahmedabad.' 3. From the above description of the said complainant,...
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