Gujarat Court September 1997 Judgments
Mahendrakumar Kalyanjibhai Vs. Haresh Bipinchandra Pathak and anr.
Court: Gujarat
Decided on: Sep-30-1997
Reported in: II(1998)ACC27; 1999ACJ102; (1998)2GLR279
M.S. Shah, J.1. Leave to delete respondent No. 1 as the Tribunal has already passed the orders against respondent No. 1 and the appeals are aimed against respondent No. 2. Hence, the appeals have been heard for final hearing.2. These appeals are directed against the common judgment and orders dated 7.9.1996 passed by the Motor Accidents Claims Tribunal, Rajkot (hereinafter referred to as 'the Tribunal') on applications under Section 140 of Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') in different claim petitions arising from the same accident. As common questions of fact and law are involved, all appeals have been heard together and are being disposed of by this common judgment.3. This group of appeals raises the important question about the scope of inquiry when a claimant files an application under Section 140 of the Act for claiming compensation under the no fault liability principle.4. In the aforesaid group of claim petitions filed by persons who have suffered p...
Tag this Judgment!Arvindkumar M. Choksi Vs. Sardar Vallabhbhai Sahakari Bank Ltd. and or ...
Court: Gujarat
Decided on: Sep-23-1997
Reported in: (1998)1GLR154
M.R. Calla, J.1. Through this Special Civil Application the petitioner seeks to challenge the recovery sought to be made against him at the instance of respondent No. 1, i.e., Sardar Vallabhbhai Sahakari Bank Ltd. in pursuance of the certificate issued by the Registrar of Co-operative Societies, State of Gujarat under Section 103 of the Gujarat Co-operative Societies Act.2. There is no dispute that the loan was taken from the respondent No. 1 Bank by the respondent No. 2, i.e., wife of the present petitioner and the petitioner had stood guarantee for repayment of the loan. It is stated in the petition that the notices were repeatedly given for the recovery of the due amount but the loan was not repaid and in all three awards were passed for the said recovery. It is further stated that in all a sum of Rs. 6,55,925/- has been paid. It has also been submitted that this amount has been adjusted against the total claim made by the respondent No. 1 Bank under the said three awards. It is not...
Tag this Judgment!Gadhavi Ganeshbhai Bhurdanji Vs. Doshi Ramaniklal Chimanlal and ors.
Court: Gujarat
Decided on: Sep-22-1997
Reported in: (1998)1GLR583
R.K. Abichandani, J.1. The petitioner whose election to the office of member of District Panchayat, Banaskantha has been set aside by the Election Tribunal [Civil Judge (J.D.)], Vav by its impugned order dated 8th September, 1997 seeks to challenge the validity of Rule 15(7) of the Gujarat Panchayats Election Rules, 1994, on the ground that it disqualifies the voter from contesting the election if the proposer is disqualified. It is also the petitioner's case that his proposer was not in fact disqualified because he was an octroi contractor of the Vav Gram Panchayat and not the District Panchayat and therefore, he had no interest in the District Panchayat.2. The learned Counsel appearing for the petitioner strongly contended that Section 30 of the Gujarat Panchayats Act, 1993 which lays down disqualifications of persons from being members of the Panchayat does not lay down that such person would be disqualified if his proposer is disqualified. It is, therefore, contended that Rule 15(7...
Tag this Judgment!Kantibhai Nanubhai Patel and anr. Vs. Urban Land Tribunal and ors.
Court: Gujarat
Decided on: Sep-19-1997
Reported in: (1997)3GLR2415
R.K. Abichandani, J.1. In this petition, since the original record of the writ petition was not traceable, the record has been reconstructed with the assistance of the learned Government Pleader, pursuant to the direction issued by this Court on 19th August, 1997 and the matter has been heard.2. The petitioners seek to challenge order of the Urban Land Ceiling Tribunal dated 14th December, 1989 at Annexure 'F' to the petition dismissing the Appeal of the petitioners (Appeal No. 164 of 1987) and confirming the order dated 27-8-1987 of the Competent Authority declaring 26,432 sq. mtrs. of land of the petitioners as excess vacant land, and the notice dated 21-2-1994 at Annexure 'G' to the petition issued under Section 10(5) by the respondent No. 2 seeking to take possession on 28-2-1994, claiming that they are not holding any excess land and that they are entitled to exemption under Section 20 of the Urban Land (Ceiling and Regulation) Act, 1976 in respect of Revenue Survey Nos. 80/2 and ...
Tag this Judgment!American Express Bank Ltd. Vs. Core Health Care Ltd.
Court: Gujarat
Decided on: Sep-15-1997
Reported in: [1999]96CompCas841(Guj)
R. Balia, J. 1. The petitioner, American Express Bank Limited, through this petition has sought winding up of the respondent - company, Core Health Care Limited, on the ground that the respondent - company is unable to pay its debt within the meaning of section 433(e) read with section 434. Briefly stated, the claim of the petitioner is that it had advanced a bridge loan to the respondent - company which was disbursed on July 21, 1995, and July 27, 1995, in two instalments of Rs. 15 crores each which was payable in six instalments of Rs. 5 crores each commencing from April 21, 1996, and ending of June 27, 1996. The respondent - company failed in its commitment and had paid only Rs. 15 crores by August 24, 1996, and for the remainder it was granted reschedulement by way of seven instalments, of which six instalments for Rs. 2.50 crores each were payable by November 24, 1997, and the final instalment of Rs. 19.90 lakhs (on account of interest) too was payable on November 25, 1996. Howeve...
Tag this Judgment!Anil Kumar Vs. Sunita
Court: Gujarat
Decided on: Sep-12-1997
Reported in: I(1998)DMC345; (1997)3GLR440
M.S. Parikh, J.1. His Lordship after stating the facts of the case, further observed:xxx xxx xxx xxx2. Anil Kumar (husband) filed Hindu Marriage Petition No. 175 of 1986 in the Court of the Assistant Judge, Surat for obtaining decree of dissolution of his marriage with the opponent Sunita (wife) on the ground that his wife treated him with cruelty, as per the ground available under Section 13(l)(ia) of the Hindu Marriage Act, 1955 on the allegations that the respondent was having attacks of fit, she used to pick up quarrels frequently, she attempted to commit suicide and she filed false complaints. The learned Trial Judge by his judgment and decree dated 9.8.1989 decreed the husband's petition and granted the prayer of divorce as prayed for by him declaring that the marriage of the parties to that petition would stand dissolved.3. Since the wife prayed for permanent alimony, the learned Trial Judge also granted permanent alimony in the sum of Rs. 1,000/- p.m. till she would remarry. Th...
Tag this Judgment!Hasumati P. Gohel Vs. Bavsar Tribhovandas Ratilal
Court: Gujarat
Decided on: Sep-12-1997
Reported in: (1998)1GLR458
R. Balia, J.1. This is the defendant's Second Appeal against judgment and decree passed by the learned Assistant Judge, Bhavnagar on 11-8-1997 by confirming the judgment and decree passed by the learned Civil Judge (S.D.), Bhavnagar dated 21-3-1995 decreeing plaintiffs suit for possession of the suit premises which is situated at Bhavnagar.2. It has been first contended by the learned Counsel for the appellant that the suit was exclusively triable by the Rent Court under the provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Hereinafter called as 'the Act') in view of Section 28 thereof which arises for consideration in this Appeal as the substantial question of law.3. As it would be seen presently, that though the question raised by the appellant is a question of law, as it stands concluded against him by the decision of the Supreme Court, it cannot be considered a substantial question of law for the present purposes.4. The plaintiff has filed the suit fo...
Tag this Judgment!Gondalia Dhirajlal Banabhai and ors. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Sep-12-1997
Reported in: (1998)2GLR1262
S.K. Keshote, J.1. As both these Special Civil Applications proceed on common facts and grounds, the same are being taken up for hearing together and are being disposed of by this common order.2. Shri H.J. Nanavati, the Counsel for the petitioners, has advanced the arguments with reference to the Special Civil Application No. 11556 of 1994, and as such, the facts are taken from this Special Civil Application.3. The petitioners in both these Special Civil Applications possess all the requisite qualifications prescribed for the post of Primary Teachers to be appointed in the Primary Schools in the District Panchayat. The respondent Junagadh District Panchayat had on 13th August, 1989 given an advertisement in three daily Gujarati Newspapers, viz., 'Phoolchhab', 'Sandesh' and 'Jai Hind' inter-alia inviting applications for filling up the posts of Primary Teachers in the schools run by it. At the bottom of this advertisement, the number of approximate vacancies to be filled in was shown to...
Tag this Judgment!Kirankumar R. Baxi Vs. United Commercial Bank and ors.
Court: Gujarat
Decided on: Sep-11-1997
Reported in: (1998)1GLR256
C.K. Thakker, J.1. This appeal is filed against an order passed by learned single Judge in Special Civil Application No. 4431 of 1996 on September 10, 1996. 2. The appellant is original petitioner. He was serving in United Commercial Bank ('Bank' for short) at Kalol. A show cause notice was issued to the appellant on 1st October 1986 and he was called upon to explain certain irregularities alleged to have been committed by him. Time was sought by the appellant which was granted. It appears that the Central Bureau of Investigation (C.B.I) filed criminal cases under the provisions of the Indian Penal Code and Prevention of Corruption Act, 1947 being Special Case Nos. 45 and 1985, 7 of 1990 and 16 of 1991 against the appellant. All the three cases are pending. 3. During the pendency of criminal cases, fresh charge-sheet came to be issued against the appellant on September 24, 1994 calling upon him to submit his explanation as it was decided to hold departmental inquiry against him. At tha...
Tag this Judgment!Manibhai Nathji Pandya Vs. Government of India and anr.
Court: Gujarat
Decided on: Sep-10-1997
Reported in: (1998)1GLR715
K.R. Vyas, J.1. The petitioner by way of this petition under Article 226 of the Constitution of India, has prayed for an appropriate writ, order or direction directing the respondents to grant him pension under the Swatantrata Sainani Samman Pension Scheme, 1980 from the date of his first application, i.e., 11-3-1974 till date.2. It appears that the petitioner made an application to the State Government on 11-3-1974, which was forwarded to respondent No. 1 Union of India on 15th June, 1974. It appears that respondent No. 1 rejected the said application on the ground that the State Government has not recommended the case of the petitioner, that the claim of sufferings made by the petitioner was for less than six months and that his annual income is Rs. 8,184/- which is more than the income-ceiling of Rs. 5000/-. The petitioner was informed about the said decision on 29-7-1974. The petitioner once again made an attempt to get pension by making another application. The State Government, o...
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