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Gujarat Court October 1997 Judgments

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Oct 13 1997

Deesa Taluka Anusuchit Jati Samudaik Kheti Sahakari Mandali Vs. State ...

Court: Gujarat

Decided on: Oct-13-1997

Reported in: (1998)2GLR937

M.R. Calla, J.1. Heard learned Counsel.2. The petitioner is Sahakari Mandali claiming certain land in the name of Deesa Taluka Anusuchit Jati Samudaik Kheti Sahakari Mandali Limited. It claims to have been registered as Co-operative Society on 23-11-1994. The petitioner's case is that it has about 11 members excluding the present deponent, viz., Khemchand Solanki (the Chairman of this Society) through whom this petition has been filed. These members are landless labourers. Shri Khemchand M. Solanki himself has 1 acre 20 gunthas of land in his joint account with other family members. Other members are working as labourers. It is the further case of the petitioner that it was a proposed society when an application was moved for grant of some agricultural land. An order was passed by the Dy. Collector, Palanpur on 23-5-1992 whereby 38 acres and 30 gunthas of land was granted to the petitioner, but the grievance is that it was not one piece of land of one single village but same was scatte...


Oct 10 1997

Self-Employed Women's Association (Sewa) and Anr. Vs. Commissioner of ...

Court: Gujarat

Decided on: Oct-10-1997

Reported in: (1999)1GLR399

R.A. Mehta, Acting. C.J.1. The petitioner, Self-Employed Women's Association (SEWA) has prayed that criminal complaints against its member, petitioner No. 2 be quashed and set aside and that no such prosecutions be filed against vegetable vendors covered by the directions of the Supreme Court in Writ Petition No. 89 of 1982 and quash the prosecutions initiated against vegetable vendors in various complaints registered under Sections 102 and 117 of the Bombay Police Act. In the Misc. Criminal Application No. 2875 of 1987, prayer is made to quash the warrants of arrests issued against the members of the petitioner-Association. A list of 281 members is annexed with the application. This list of members of the petitioner-Association was also before the Supreme Court. A tabular statement showing the vending areas and vendors is annexed to this judgment.2. It is submitted that the petitioner is a voluntary organisation of self-employed women for their welfare. In these petitions, we are conc...


Oct 09 1997

Gagubha Jarubha Zala Vs. Director Ex-servicemen Welfare and Rehabilita ...

Court: Gujarat

Decided on: Oct-09-1997

Reported in: (1998)1GLR199

N.N. Mathur, J.1. Rule. Mr. D. A. Bambhania, Additional Government Pleader and Solicitor waives service of Rule for the respondent. On the request of the parties, this matter is taken up for final hearing today. 2. The petitioner, who was an ex-serviceman, while serving as Welfare Organiser in the Department of Ex-Servicemen Welfare and Rehabilitation was charged with the offences punishable under Secs. 7, 12 and 13(1) read with Section 13(2) of the Prevention of Corruption Act, 1988. Pending inquiry and trial, the petitioner was placed under suspension by an order dated 1st June 1994. The petitioner has been acquitted by the judgment of the Special Judge, Jamnagar dated 18th February 1997. The grievance of the petitioner is that, in spite of the fact that he has been acquitted, he has not been reinstated. 3. Mr. R. K. Mishra, learned Counsel appearing for the petitioner submits that the petitioner was suspended under Rule 5(1)(b) of the Gujarat Civil Services (Discipline & Appeals) Ru...


Oct 09 1997

Gujarat State Road Transport Corporation Vs. M.S. Patel and anr.

Court: Gujarat

Decided on: Oct-09-1997

Reported in: (1998)2GLR1193

H.L. Gokhale, J. 1. The petitioner herein is State Road Transport Corporation. It is aggrieved by the award of the Labour Judge, Bharuch, dated 18th July 1996 passed in Reference (L.C.B.) No. 876 of 1990 granting reinstatement with 50% of the back wages and continuity to respondent No. 1 - workman. This petition seeks to challenge that order. 2. Rule had been issued in this matter by another Judge on 18th March 1997 making it retunable on 11th April 1997. While issuing the Rule the learned Judge stayed the relief granted by the Labour Court with respect to grant of 50% back wages. With respect to the grant of reinstatement, the learned Judge directed the stay thereof subject to the provision of Section 17B of the Industrial Disputes Act, 1947. The respondent-workman filed his affidavit on 30th July 1997 pointing out that he is unemployed. Before that affidavit could be considered, the petitioner-Corporation chose to reinstate the workman on 8th September 1997 pending the decision of th...


Oct 07 1997

Kantibhai D. Patel Through Power of Attorney Holder Yogeshkumar K. Pat ...

Court: Gujarat

Decided on: Oct-07-1997

Reported in: (1998)1GLR183

J.M. Panchal, J.1. This is a revisional application under Section 115 C.P.C. by the original plaintiff against order dated February 6, 1989 passed by the learned Judge, City Civil Court, Ahmedabad rejecting prayer of the petitioners to permit them to withdraw from suit with liberty to institute a fresh suit in respect of subject-matter of the suit and disposing of the suit filed by them as withdrawn.2. The petitioners instituted Civil Suit No. 1670 of 1982 in City Civil Court. Ahmedabad for declaration that notice issued by the respondent-Corporation under Sec 54 of the Bombay Town Planning Act, 1954 was null and void and for permanent injunction restraining the respondent from demolishing property occupied by the petitioners in pursuance of the notice issued under the provisions of the Bombay Town Planning Act, 1954. Along with the suit, the petitioners produced list of documents relied upon by them. Mark 3/1 was statutory notice dated February 24, 1982 allegedly served by the petitio...


Oct 07 1997

Ramanbhai Shanabhai Patel Vs. Nadiad Taluka Panchayat

Court: Gujarat

Decided on: Oct-07-1997

Reported in: (1998)3GLR2409

C.K. Thakker, J.1. This appeal is directed against an order passed by the learned single Judge summarily dismissing Special Civil Application No. 7082 of 1997.2. The appellant was the President of Nadiad Taluka Panchayat, Nadiad (respondent No. 1 herein). No confidence was moved against the appellant which was passed by all the members present at the meeting. It may be noted that out of 34 members, at the time of voting, 31 remained present and all of them voted in favour of 'no confidence motion'. In other words, all the members present at the meeting expressed no confidence in the appellant.3. It was contended on behalf of the appellant that the procedure prescribed under the Gujarat Panchayats Act, 1993 (hereinafter referred to as 'the Act') and Gujarat Panchayats (Procedure) Rules, 1997 (hereinafter referred to as the 'Procedure Rules') had not been complied with.4. An appeal was filed against the said order under Section 259 of the Act, wherein the Government held that notice issu...


Oct 06 1997

Bhikhabhai Udesinh Darbar Vs. State of Gujarat

Court: Gujarat

Decided on: Oct-06-1997

Reported in: (1998)1GLR315

H.R. Shelat, J.1. Rule. Mr. D.N. Patel learned A.P.P. waives the service of Rule. At the request of both, the application is heard today.The applicant prays for necessary modification in the order of bail granted by the learned Additional Sessions Judge, Kheda at Nadiad in Misc. Criminal Application No. 625 of 1997.2. lt is not necessary to set out the details of the case, yet in short, the facts leading the applicant to file this application be delineated. On being arrested during the course of investigation after the F.I.R. of the offences under Sections 363 & 366 I. P. Code came to be filed before the police station at Petlad, the applicant filed Misc. Criminal Application No. 625 of 1997 before the Sessions Court, Kheda at Nadiad for bail. It was transferred to the Court of the Additional Sessions Judge, Kheda at Nadiad for hearing and disposal in accordance with law. The learned Judge of that Court hearing the parties allowed the application, and released the applicant on bail on ...


Oct 01 1997

Mukesh Natvarlal Modi Vs. H.S. Barot and anr.

Court: Gujarat

Decided on: Oct-01-1997

Reported in: 1998CriLJ2144; (1998)1GLR639

K.R. Vyas, J.1. These two appeals have been preferred by original accused Nos. 1 and 2 of Sessions Case No. 259/87, who, at the end of the trial, have been convicted by the learned City Sessions Judge, Ahmedabad, for offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act'). Accused No. 1 was convicted on the count of purchase of brown-sugar and was sentenced to suffer 10 years R.I. and to pay a fine of Rs. 1 lac indefault to undergo further R.I. for one year. The said accused was also convicted on the count of being in possession of brown-sugar and was sentenced to suffer R.I. for ten yeas and to pay a fine of Rs. 1 lac in default to undergo further R.I. for one year. The learned trial Judge ordered the substantive substances imposed upon accused No. 1 on the above counts to run concurrently. Accused No. 2 was convicted for the offence punishable under Section 21 of the NDPS Act for selling 'brown-sugar ...


Oct 01 1997

Gangaben D/O. Hargovindbhai Vallabhbhai and ors. Vs. Collector and ors ...

Court: Gujarat

Decided on: Oct-01-1997

Reported in: (1999)1GLR488

M.R. Calla, J.1. Heard learned Counsels.2. The consent decree was passed in Special Civil Suit No. 422 of 1978 on 30-12-1988 by the Civil Judge (S.D.), Surat with regard to piece of land situated at Fulpada, Taluka Choryasi, District Surat, i.e., Revenue Survey No. 27/1/2 admeasuring two acres and one guntha, i.e., 8,196.64 sq. mts. of land. The Town Planning Scheme No. 15 (Fulpada) was implemented under Town Planning Scheme in place of original plot No. 59, i.e., Revenue Survey No. 27/1 final plot No. 57 was given. There was yet another piece of land at Fulpada being Revenue Survey No. 86 paiki admeasuring 1.23 acres and Survey No. 26/2 and 26/3 to which Town Planning Scheme was also applicable. The disputed land being Survey Nos. 27/1 and 86 paiki originally belonged to one Vallabhbhai Hasjibhai. These lands were mutated in the record of rights in the names of Hargovindbhai Vallabhbhai and Thakarbhai Vallabhbhai by successor. There was a partition between Hargovindbhai and Thakarbhai...


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