Gujarat Court March 1997 Judgments
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ismail Abdulrehman Amroliwala Vs. Rukaiyabi Bakarbhai
Court: Gujarat
Decided on: Mar-14-1997
Reported in: AIR1997Guj154
ORDERJ.N. Bhatt, J.1. In this revision, the petitioner original defendant-tenant has questioned the legality and validity of the judgment and decree of eviction recorded by the District Court in Regular Civil Appeal No. 236 of 1978 whereby, while allowing the appeal, the District Court quashed and set aside the judgment and decree of the trial Court passed on 30-11-1978 by the Small Cause Court at Surat in Small Cause Suit No. 1532 of 1975, and granted decree for eviction and possession on the ground of non-payment of rent under Section 12(3)(b) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 ('the Bombay Rent Act').2. The opponent is the original plaintiff-landlord who instituted the above suit for eviction against the petitioner-tenant inter alia contending that the tenant is liable for eviction on the ground of non-payment of rent. The tenanted premises consist of one room admeasuring 12x14' which was rented to the tenant by the landlord for residential purpose ...
Agricultural Produce Market Committee Vs. J.K. Vasavada, Director, Agr ...
Court: Gujarat
Decided on: Mar-14-1997
Reported in: (1997)2GLR1593
S.K. Keshote, J.1. The petitioner, Agricultural Produce Market Committee, Patan, has challenged the order of the Director of Agricultural Marketing and Rural Finance, Gujarat State, Gandhinagar, dated 26th April, 1985, declining to grant permission to the petitioner to sell 54 shops as proposed by it.2. The Counsel for the petitioner contended that the Director has no powers under Section 44 to pass such order. The Market Committee has all the powers to dispose of its property and the Director of the Department could not have put any restrictions on its rights. Reference in this respect has been made by the Counsel for the petitioner to Section 10 of the Gujarat Agricultural Produce Markets Act, 1963. Section 10 of the Act provides that every Market Committee shall be a body corporate by such name as the Director may specify by notification in the Official Gazette. It shall have perpetual succession and a common seal, may sue and be sued in its corporate name and shall be competent to ...
Hitesh N. Vyas and ors. Vs. Gujarat Electricity Board
Court: Gujarat
Decided on: Mar-13-1997
Reported in: (1997)2GLR1232
J.N. Bhatt, J.1. In this group of three petitions, under Article 226 of the Constitution of India, common questions have been raised against common respondent Gujarat Electricity Board ('GEB'). Therefore, they are being disposed of by this common judgment.2. The main challenge in focus is against the circular of the Board dated 17-6-1996 whereby zonewise common seniority list is devised and evolved which hitherto used to be circlewise.3. The petitioner in Special Civil Application No. 6715 of 1996 claims to be entitled to be regularised as he has been in employment with the Board since November 1989. According to his case, he was relieved from service after his completing 3 years of apprenticeship course. He had also worked as temporary employee for a period of one or two months as a daily wager. It is also the case of the petitioner that his service is wrongly terminated and he is entitled to be reinstated and regularised. It appears from the record that the petitioner was working as ...
Flair Heals Pharmaceuticals Vs. Gujarat State Financial Corporation an ...
Court: Gujarat
Decided on: Mar-12-1997
Reported in: [2000]100CompCas786(Guj)
S.D. Pandit, J.1. The petitioner, M/s. Flair Heals Pharmaceuticals, a proprietary concern of Himanshu Mehta has filed the present petition. The petitioner is a young entrepreneur and in order to start the petitioner-firm, he had applied for a loan from respondent No. 1, the Gujarat State Financial Corporation (hereinafter referred to as 'G.S.F.C.'). Respondent No. 1, the G.S.F.C., sanctioned a loan of Rs. 8 lakhs by its letter dated December 30, 1991. The said amount of Rs. 8 lakhs was to be repaid within a period of eight years and in 27 quarterly instalments. The petitioner was also granted moratorium of 18 months. He was also advised to secure State subsidy of Rs. 1,87,000. The petitioner, thereafter started his unit by creating a mortgage in favour of the G.S.F.C. By application dated May 19, 1992, he had asked the G.S.F.C. to kindly grant a loan of Rs. 1.5 lakhs. The petitioner was granted a subsidy of Rs. 31,800 under the Capital Investment Subsidy Scheme, 1994-95. Both subsidies...
industrial Finance Corporation of India Vs. Official Liquidator, Amrut ...
Court: Gujarat
Decided on: Mar-12-1997
Reported in: [2000]102CompCas253(Guj)
S.D. Pandit, J. 1. The company applications in all these matters are filed by the official liquidator (O. L.) seeking permission of this court to sell the properties of the companies which have gone in liquidation and to get the directions regarding the sale of the said properties, whereas the Misc. Applications Nos. 6 of 1992, 31 of 1995, 37 of 1991 and 38 of 1991 are filed by one of the secured creditors of the company which are ordered to be wound up in order to get the order of this court to allow them to sell the properties in order to recover their outstanding dues. As common questions of facts and law are involved in all these matters, all these matters are being considered and disposed of with the consent of the parties by this common judgment.2. Company Application No. 115 of 1992 and Misc. Application No. 6 of 1992:Company Application No. 115 of 1992 is filed by the official liquidator who has been appointed to take possession of the properties belonging to Amruta Mills Ltd. ...
Swaminarayan Mandir Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Mar-12-1997
Reported in: (1997)2GLR923
S.K. Keshote, J.1. The petitioner, by this petition, has challenged the order of respondent No. 1, at Annexure-B dated 7th February. 1983 wherein the sale of the land in dispute made in favour of the petitioner by the Gram Panchayat and approved by the Collector has been set aside.2. The facts of the case, in brief, are that land admeasuring 46.82 sq.mt. situated adjacent to the petitioner's temple at Gomti Road belongs to the Panchayat. As per the case of the petitioner, the petitioner made application on 22-6-1980 to respondent No. 4 to give the said land to the petitioner so that it can be put to use for religious purpose. It has been given out by the petitioner that the said land which is situated on the western side of the Gomti Road and on the eastern side of the temple was of no use to anybody and that the land is absolutely 'padtar'. The land is said to be used by the children of the neighbours as an open latrine which created nuisance and lot of dirt. The said application of t...
Chhaganlal Arjanbhai Thakkar Vs. Dy. Collector and ors.
Court: Gujarat
Decided on: Mar-12-1997
Reported in: (1998)1GLR475
S.D. Pandit, J.1. Rule. I have heard all the parties on merits at length and therefore, 1 proceed to decide this matter finally.2. Shree Bhachau Seva Sahakari Mandali Ltd., Bhachau, Kachchh has filed the present petition to quash and set aside the order passed by the respondent No. 1 on 3-8-1996 in Application No. VP/S/M/Elect/96 by which the respondent Nos. 4 to 18 are admitted as voters in the provisional voters' list prepared by respondent No. 2.3. The petitioner is a registered co-operative society registered under the Gujarat Co-operative Societies Act and the petitioner is a member of Kachchh District Central Co-operative Bank Ltd., Bhuj. The election of Board of Directors for the year 1996 of the said Kachchh District Central Co-operative Bank Ltd. was to take place and for that purpose provisional list of voters was prepared by the Chairman of District Panchayat, Kachchh-Bhuj. In the said list names of the present respondent Nos. 4 to 18 are included. The inclusion of the prese...
Joshi Trikamdas Padamsi (Since Decd.) by His Heirs Joshi Shamji Vs. Jo ...
Court: Gujarat
Decided on: Mar-10-1997
Reported in: (1997)3GLR1912
J.M. Panchal, J.1. This appeal under Section 100 of the Code of Civil Procedure. 1908 is directed against judgment and decree dated March 14, 1983, rendered by the learned Assistant Judge, Kutch at Bhuj, in Regular Civil Appeal No. 82 of 1980, by which decree of eviction dated August 27, 1980, passed by the learned Civil Judge (J.D.) Anjar, in Regular Civil Suit No. 47 of 1977 against the appellant, who was tenant inducted by mortgagees, is confirmed.2. The facts leading to the present appeal are as under. The dispute between the parlies relates to a shop situated towards the west of steps on southern side door of Madhav Raiji Temple, Anjar. The original owner of the suit premises was Thakorshi Naranji. He had mortgaged property to Laxmidas Mulji and Padamshi Mulji for 3,001 Kories for 51 years by registered mortgage deed which was executed on Kartik Vad-5 of S.Y. 1967. The original appellant, i.e., Joshi Trikamdas Padamshi was inducted as a tenant in the suit premises in S.Y. 1995 by ...
Becharbhai V. Patel Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Mar-05-1997
Reported in: AIR1998Guj1
ORDERR. Balia, J. 1. This petition is filed by one Becharbhai V. Patel for issuing a mandamus to the respondents to allot land to the petitioner on Saputara Hill Station and to treat the petitioner on par with other persons who have been allotted land on Saputara Hill Station on the basis of the Government Resolution of 1970.2. A few facts in the present petition may be noted. An application was moved by the petitioner, describing himself as organizer of Divya Land Development Corporation for allotment of land to the proposed society named as Preyas Cooperative Housing Society Limited, Saputara, District Dang for the purpose of constructing row houses and bangalows therein. As the name of Corporation suggests, the petitioner is engaged in business of construction of buildings. The application was for an estimated land admeasuring 12000 to 15000 sq. yards without specifying the exact plot of land or exact Measure or class of plot in respect of which allotment was sought. When the allotm...
Mukeshbhai Nanubhai Patel Vs. State of Gujarat
Court: Gujarat
Decided on: Mar-05-1997
Reported in: 1998CriLJ194
ORDERN.N. Mathur, J.1. The accused-petitioner is facing trial for offence under Section 376 of the I.P.C. in the Court of learned Addl. Sessions Judge, Valsad at Navsari. He was granted bail by order of the Addl. Sessions Judge dated 26-8-96. While granting bail, the learned Judge has imposed the condition that the accused-petitioners shall pay Rs. 700/- per month as compensation to the prosecutrix Ranjanben till the disposal of the case. The petitioner has approached this Court under Section 482 read with Section 439 of the Cr.P.C. to modify the order dated 26-8-1996 and to quash and set aside the said condition.2. The facts of the case is that on 18-8-1996, a complaint was lodged at Police Station, Valsad Rural stating that Ranjanben was raped by the accused. It is also alleged that the accused promised to marry with the prosecutrix. However, when she informed about her pregnancy, the accused betrayed her. The trial Judge, relying on the decision of the Apex Court in the case of Bodh...
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