Gujarat Court July 1997 Judgments
Gujarat Rajya Jaher Bandhkam Majoor Mandal Vs. State of Gujarat and or ...
Court: Gujarat
Decided on: Jul-16-1997
Reported in: (1998)3GLR2106
S.K. Keshote, J. 1. Heard learned Counsels for the parties. 2. In all these Special Civil Applications, a common question of fact and law is being raised by petitioners' Counsel, and as such, the same are being decided by this common order. Leading arguments in these matters have been advanced on behalf of the petitioners by Mr. Mukul Sinha, learned Counsel for the petitioners in Special Civil Application No. 600 of 1995 and the other Counsels for petitioners in cognate matters have adopted these arguments. 3. Special Civil Application No. 600 of 1995 has been filed by the Gujarat Rajya Jaher Bandhkam Majoor Mandal. The facts of the case in brief are that the members of the petitioner in Special Civil Application No. 600 of 1995 and the petitioners in other Special Civil Applications were appointed on daily wages by the Government for carrying out different activities in the areas of Public Works. Till 1988 different categories of workmen employed in the Public Works Department had no ...
Tag this Judgment!Saiyad JabbarhusaIn and ors. Vs. Hasan Abubakar Malbari (Deceased by L ...
Court: Gujarat
Decided on: Jul-16-1997
Reported in: AIR1998Guj130; (1997)3GLR2191
ORDERS.D. Shah, J.1. The petitioners are the applicants, being the trustees of Sunni Muslim Wakf Committee (Board). The opponents are the heirs and legal representatives of original opponent-Hasan Abubakar Malbari, who has expired during the pendency of the proceeding in the Small Cause Court and present opponents, as heirs and legal representatives of the deceased opponent, are before this Court.2. The trustees of the aforesaid Wakf Committee instituted P.S.R.P. Application No. 25 of 1985 in the Small Causes Court, at Ahmedabad, under Section 41 of the Presidency Small Cause Courts Act, 1882, against Hasan Abubakar Malbari, who has, during the pendency of the proceeding before the Small Causes Court, expired. It appears that, the premises owned by the original applicants/petitioners bearing M.C. No. 991/2 situated in. the premises of Nawab Sujadkhan Masjid, opposite General Post Office, which comprised of a room, was given to the deceased-Hasan Abubakar as a bangi in the Masjid. It ap...
Tag this Judgment!Jamnagar-rajkot GramIn Bank Officers Association Vs. Jamnagar-rajkot G ...
Court: Gujarat
Decided on: Jul-16-1997
Reported in: (1998)1GLR90
S.D. Pandit, J.1. Admitted. In these three appeals the subject-matter is based on the common question of law and facts. Hence, with the consent of parties they are heard together and they are being disposed of by this common judgment. We have heard the learned Counsels for the parties at length and by their consent we are finally disposing of these appeals. The learned Counsels for the respondents have waived service of notice of admission.2. In L.P.A. No. 1335 of 1996 the appellants are the original petitioners in Special Civil Application No. 3191 of 1995 and in L.P.A. Nos. 447 of 1997 and 448 of 1997 the appellants are original respondent Nos. 1 and 2 in Special Civil Application No. 3707 of 1996. This Special Civil Application No. 3191 of 1995 is filed by Jamnagar-Rajkot Gramin Bank Officers Association and Employees Association against their employer Jamnagar-Rajkot Gramin Bank and formal respondent Assistant Provident Fund Commissioner; whereas Special Civil Application No. 3707 ...
Tag this Judgment!Heir of Barot Dansang Hirji and ors. Vs. Barot Kanji Hirji and ors.
Court: Gujarat
Decided on: Jul-15-1997
Reported in: AIR1998Guj27; (1998)1GLR76
M.S. Parikh, J. 1. In a suit for partition bearing Civil Suit No. 23 of 1964 the learned Civil Judge (Senior Division), Junagadh by his judgment and order dated 28-2-1966 passed preliminary decree in terms of following order:--'It is hereby declared, ordered and decreed that the below mentioned properties are liable to be partitioned between the parties and the plaintiffs get 11/20 share in those properties and the rest go to the defendants : (1) Three houses mentioned and described at items Nos. 1, 2 and 3 of the list attached with the plaint; (2) One piece of agricultural land admeasuring 1 and 1/2 Bighas and described at item No. 4 of the aforesaid list; (3) The surplus amount, if any, from Rs. 3,000/- the sale proceeds of the agricultural land sold by the defendant No. 1 and mentioned at item No. 5 of the list, after taking accounts of the same from him; (4) The moveable properties stated and described in the inventory, Ex. 129 and the household kit and domestic articles in cus...
Tag this Judgment!Smt. Meeta JaIn Vs. State of Gujarat
Court: Gujarat
Decided on: Jul-11-1997
Reported in: (1998)2GLR137
N.J. Pandya, J.1. This application is filed by the accused of Criminal Case No. 237 of 1996 of the Court of JMFC, Pardi, Dist. Bulsar. The complaint is filed by respondent no. 2 alleging that the petitioner is guilty of criminal breach of Trust with regard to consignment of garbage bags.2. It seems that the petitioner and the respondent no. 2 had entered into a commercial transaction and as per the orders placed by the petitioner, respondent no. 2 was to manufacture garbage bags of plastic which were to be exported to Dubai. Accordingly, bags were kept ready of the weight of about 12500 kgs. valuing Rs. 4,68,405/- by respondent no. 2. It was to be inspected and certified and after it being so done, against a cheque payable on the 7th day, the quantity was to be delivered for being despatched to Dubai. However, alleging that signature of two persons is required on a cheque, and though the articles were ready for despatch, cheque was not given and relying on the promise said to have been...
Tag this Judgment!Civil Hospital Karmachari Sahkari Canteen Society Ltd. Vs. State of Gu ...
Court: Gujarat
Decided on: Jul-11-1997
Reported in: (1998)1GLR166
S.K. Keshote, J.1. The matter was called out for hearing in the first round and second round in the first sitting and third round in the second sitting. None appeared on behalf of the petitioners.2. From 23-12-1996 the matter has been adjourned only on the ground that the Counsel for the petitioners does not remain present. On 4th April, 1997 the matter came up for hearing, but none was present on behalf of the petitioners. Therefore, the petition was ordered to stand over beyond vacation. Then it has come up for hearing on 8th July. 1997. However, none put appearance on behalf of the petitioners. Still, one more indulgence was granted in the interest of justice. Today, again, the position remains the same.3. Perused the Special Civil Application and heard the learned Counsel for the respondents.4. Petitioner No. 1 is a Co-operative Society registered under the provisions of the Gujarat Co-operative Societies Act, 1961. Petitioner No. 2 is its President. The name of the Society is, 'Sh...
Tag this Judgment!Bai Jadi W/O. Naranbhai Parsottamdas Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Jul-11-1997
Reported in: (1999)1GLR450
R.A. Mehta, Acting C.J.1. The petitioners are aggrieved by the order of the Special Land Acquisition Officer refusing to make reference under Section 18 of the Land Acquisition Act.2. The reference is sought on the ground that under Section 48 of the Land Acquisition Act, the Government has withdrawn from the acquisition and the petitioner had suffered damage on account of the acquisition and is entitled to be compensated for the same under Section 48(2) and, therefore, reference ought to have been made under Section 48(3) of the Act.The Land Acquisition Officer has held that there was no withdrawal from acquisition under Section 48(1) and, therefore, there is no question of awarding any compensation under Section 48(2) or making any reference under Section 48(3).3. It is not in dispute that there was only a declaration of intention to acquire the land by notification under Section 4 of the Land Acquisition Act and thereafter there is no notification under Section 6 of the Act. Therefo...
Tag this Judgment!N.A. Vasava Vs. Chief Refinery Co-ordinator, Indian Oil Corporation Lt ...
Court: Gujarat
Decided on: Jul-09-1997
Reported in: (1997)3GLR2397
S.D. Pandit, J.1. We have heard the learned Counsel for the appellant as well as the learned Counsel for the respondent at length and with their consent we are finally disposing of this appeal by this judgment. Mr. R.P. Bhatt waives notice of admission.2. Shri N.A. Vasava, the unsuccessful petitioner in Special Civil Application No. 11711 of 1994 has come in appeal before us against the dismissal of his petition by the learned single Judge by his order dated 25-7-1996.3. Present appellant-petitioner was appointed as a peon on 20-5-1989 and he joined his duty on 5-7-1989. He was fond of playing cricket and also played cricket and had an ambition to come up as a cricketer. He had made representation to his employer the Indian Oil Corporation (hereinafter referred to as the Corporation) to give him certain concession in order to pursue his ambition to become a good cricketer and to come up in life as a cricketer. It seems that all these requests made by him, as per his claim, were not acc...
Tag this Judgment!Chandubhai Dahyabhai Rajput Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jul-09-1997
Reported in: (1998)1GLR542
K.R. Vyas, J.1. The petitioner has filed the present petition under Article 226 of the Constitution of India and has prayed for issuance of a writ of prohibition or any other appropriate writ, order or direction restraining respondent Nos. 1, 2 and 3 from accepting the nominations of respondent Nos. 4, 5 and 6 for the election to the office of the President. The petitioner belongs to backward class and was elected as a member of Jambusar Nagarpalika during the last election from a seat reserved for candidates belonging to backward class. By the Constitution 74th Amendment Act, 1992, Article 243-T is inserted in the Constitution providing for reservation of seats for Scheduled Castes, Scheduled Tribes etc. Pursuant to the Constitutional amendment, the provisions of the Gujarat Municipalities Act, 1963 have been amended to provide for reservation in favour of Scheduled Castes, Scheduled Tribes, Backward Classes and Women. In exercise of powers conferred by Sub-section (1) of Section 277 ...
Tag this Judgment!Bharat Tea Centre Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Jul-09-1997
Reported in: (1998)1GLR395
S.K. Keshote, J.1. Heard the learned Counsels for the parties. The petitioner, a partnership firm registered under the provisions of the Indian Partnership Act, has filed this Special Civil Application challenging the order dated 24-3-1984 passed by the District Supply Officer and confirmed by the Deputy Secretary to the Government of Gujarat, Food and Civil Supplies Department, Sachivalaya, Gandhinagar, in Appeal No. 158 of 1984 decided on 23rd October, 1984. It is not in dispute that the petitioner has started business to sell tea from March, 1984. On inspection conducted by the Chief Supply Inspector, Rajkot, at the business premises of the petitioner, on 24th March, 1984, it was found that the firm was carrying on business of sale of tea without holding registration certificate under the Gujarat Tea (Registration & Dealers) Orders, 1984. In the stock of the petitioner 1,142 kgs. of tea was found in excess of the permissible stock which should have been held by the petitioner at the...
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