Gujarat Court March 1997 Judgments
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Bai Hariben Ambashanker Wd/O. Ambashanker Dhanjibhai and ors. Vs. Shan ...
Court: Gujarat
Decided on: Mar-05-1997
Reported in: (1997)2GLR1108
M.S. Parikh, J.1. The petitioners, original plaintiffs, filed Regular Civil Suit No. 401 of 1972 in the Court of Civil Judge (J.D.), Bhavnagar against the opponent-original defendant for obtaining relief of eviction of the suit premises and recovery of arrears of rent and mesne profits. The learned trial Judge by his judgment and order dated 12-7-1976 dismissed the petitioners' suit with no order as to cost. The petitioners, therefore, carried the matter in Regular Civil Appeal No. 2 of 1977 in the Court of the District Judge at Bhavnagar. The learned Assistant Judge, Bhavnagar, who was assigned the matter, by the judgment and order dated 16-2-1978 dismissed the appeal with cost holding on the construction of the rent note Exh. 35 that the suit premises was let for the purpose of business only, but accepting the evidence of rent receipt Exh. 46 and the oral evidence with regard to user of the suit premises prior to letting thereof to the respondents, came to the conclusion that the sui...
Bhalchandra Chhotalal Joshi Vs. S.R. Rao, Dist. Dev. Officer and ors.
Court: Gujarat
Decided on: Mar-05-1997
Reported in: (1997)3GLR2519
S.K. Keshote, J.1. The question which arises for the consideration of this Court is whether this Court should exercise its extraordinary power under Article 226 of the Constitution to protect the petitioner who has taken the law in his own hands and put an agricultural land in use for non-agricultural purposes for manufacturing of bricks.2. The petitioner could have prayed for grant of N.A. permission and thereafter on grant of the permission, he could have put the agricultural land for use of manufacturing of bricks and for digging soil for the purpose of manufacturing of bricks. Contrary to it, the petitioner has exhibited himself to be a law-breaker, a person who has no respect to law. He started to dig the soil for the purpose of manufacturing of bricks. However, the authorities, herein the respondents, have taken a lenient view in the case of a law-breaker and post facto N.A. permission has been granted for a period of three years from 1981-82 under Section 66 of the Bombay Land R...
Suthar Ilaben Natubhai Vs. Registrar, Gujarat Nursing Council and anr.
Court: Gujarat
Decided on: Mar-04-1997
Reported in: (1998)1GLR472
R. Balia, J.1. Mr. Pradyuman Bhatt appears for the petitioner. None present TOT the respondents in spite of service.Heard learned Counsel for the petitioner. The petitioner is a student of three-year nursing course which is conducted by the Gujarat Nursing Council. While the petitioner was promoted to the third and final year of the nursing course, at the annual examinations, she cleared Paper I and Paper II which are theory papers. However, she failed in the practicals at the annual examination. As per the scheme she appeared at two successive supplementary examinations of practicals with the benefit of exemption from appearing at the theory papers which she has passed. However, she failed in the successive attempts also. Last of the mark-sheet dated 25-7-1993 has been filed along with the petition. The prayer of the petitioner is to quash or set aside the rules which lay down that if a student fails in the last year of the Nursing Examination has to re-appear from study ab initio; as...
Dilip K. Shah Vs. United Bank of India and anr.
Court: Gujarat
Decided on: Mar-03-1997
Reported in: (1999)IIILLJ1162Guj
ORDERS.K. Keshote, J.1. The petitioner, an Officer of the United Bank of India, filed this Special Civil Application before this Court and challenge has been made thereunder to the order annexure 'G' dated December 29, 1986, of the Assistant General Manager (Personnel), disciplinary authority, under which he was ordered to be dismissed from the services on a misconduct which was found proved against him in an inquiry held. The petitioner has also challenged the order, annexure 'I' dated June 19, 1987, of the appellate authority, the respondent No. 2 herein, under which the appeal filed by him against the order of dismissal has also been dismissed.2. The petitioner was served with a charge-sheet, vide memo dated November 15, 1982 of the disciplinary authority. As many as eight charges were there against the petitioner. He was served with another charge-sheet, vide memo dated July 14, 1983 of the disciplinary authority under which there were as many as six charges. The charges against th...
Harisinghbhai K. Kheradia Vs. Principal, Virani High School and anr.
Court: Gujarat
Decided on: Mar-03-1997
Reported in: (1997)2GLR1291
S.K. Keshote, J.1. The matter has come up on note of the Counsel for the petitioner for listing the case for hearing at an early date. At the request of the Counsel for the petitioner the matter has been taken up for hearing.2. The petitioner, a Class IV employee has filed this Special Civil Application, challenging the order dated 15th February, 1993 passed by respondent No. 1, by which he was order to be superannuated from service With effect from 31 st December, 1993. The facts of the case are that the petitioner was appointed as peon on 1st July, 1955. In the service record, 5th December, 1933 was entered as his date of birth. After about 20 years of his appointment he made application on 31 st December, 1975 stating that his date birth of is 15th June, 1937 and as such necessary correction may be made therein. This correction was sought on the basis of his own affidavit. On the same date respondent No. 1 passed order for correction of date of birth in the service record of the pet...
Hareshkumar Khushaldas and Co. Vs. Ahmedali Yusufali Tinwala and ors.
Court: Gujarat
Decided on: Mar-03-1997
Reported in: (1997)3GLR2088
S.K. Keshote, J.1. Challenge is made by the petitioner, by this Special Civil Application, to the order Annexure 'F', dated 24th September 1985, passed by the Gujarat Revenue Tribunal, Ahmedabad, in appeal setting aside the order of the Joint Charity Commissioner, Rajkot, dated 30th April 1983 granting permission to the trustees for sale of the suit property to the petitioner.2. The facts relevant for the purpose of deciding this case are that the respondent No. 5 is the sole trustee of a Public Charitable Trust called 'Maulai Bapji Fakruddin Fatarwala-ni-Co.' (hereinafter referred to as the 'Trust'). The said Trust owns a shop situated at Danapith area of ward No. 2 of Rajkot. The respondent No. 7 was the Secretary of the Trust whereas the respondent No. 13 and one Abdul Hussain Jivaji were the Joint Secretaries of the said Trust.3. The shop in dispute was in possession of M/s. Ashra & Company, as a tenant. On 2nd August 1979, an agreement was entered into between the partner of the a...
Gujarat Mazdoor Panchayat Vs. Chief Labour Commissioner and anr.
Court: Gujarat
Decided on: Mar-03-1997
Reported in: (1997)3GLR2454
J.N. Bhatt, J.1. What is the real connotation of expressions 'same' or 'similar' work and ambit and extent of the statutory functions of the Chief Labour Commissioner (Central) are the significant and substantial questions raised for the consideration and adjudication in this writ petition.2. By this petition, the petitioner-Union has challenged the order passed by respondent, Chief Labour Commissioner (Central), on 17-4-1996, recorded in exercise of the powers contained under Rule 25(2)(v)(a) of Contract Labour (Regulation and Abolition) Central Rules, 1971, (Rules).3. Petitioner is a registered Trade Union registered under the Trade Unions Act, 1926. Petitioner has got substantial membership in the factory of respondent No. 2, Indian Oil Corporation Limited, at Baroda, (I.O.C). Petitioner-Union filed Special Civil Application No. 566 of 1996 on 18-1-1996, wherein, this Court had passed an interim order directing the Government to take decision with regard to pending Failure Reports a...
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