Gujarat Court September 1997 Judgments
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Society Commercial Coreales and Financial Vs. State Trading Corporatio ...
Court: Gujarat
Decided on: Sep-09-1997
Reported in: AIR1998Guj94; (1998)1GLR744
M.S. Shah, J.1. This appeal is directed against the order dated December 4, 1981 passed by the learned Civil Judge (S.D.), Bhuj, below application Ex. 10 in Special Civil Suit No. 36 of 1979 rejecting the prayer of defendant No. 1 to stay the suit under the provisions of Section 3 of the Foreign Awards (Recognition and Enforcement) Act, 1961 (hereinafter referred to as 'Foreign Awards Act'). 2. Respondent No. 1 (hereinafter called 'the plaintiff') filed the present civil suit for recovering damages for a sum of Rs. 5,17,232/- contending that the plaintiff had purchased 20,000 M. Tons of Soyabean Oil from defendant No. 1 (the appellant herein) and that the said cargo was shipped by defendant No. 1 through Vessel 'M.T. Split' belonging to defendant No. 2. The said shipment was make pursuant to the contract dated August 17, 1977 between the plaintiff and defendant No. 1. The cargo arrived at Kandla on February 27, 1978 but the total quantity of cargo actually discharged, according to the ...
Arvindbhai Nanjibhai Nagrecha and anr. Vs. Virpur Gram Panchayat and a ...
Court: Gujarat
Decided on: Sep-08-1997
Reported in: (1998)1GLR342
M.S. Shah, J.1. This appeal is directed against the order dated March 31, 1997 passed by the learned Joint Civil Judge (S.D.), Gondal, rejecting the Application for interim injunction (Ex. 4) in Special Civil Suit No. 38 of 1997.2. The appellant-plaintiffs filed the present suit for challenging the decision of respondent No. 1-Virpur Gram Panchayat to renew the contract for collection of octroi in favour of respondent No. 2-Ijaradar for the year 1997-98 without giving any public notice or advertisement inviting bids for such a contract for the year 1997-98.3. It is an admitted fact that respondent No. 2 was given contract for collection of octroi by the respondent Gram Panchayat for the previous year, i.e., 1996-97 after giving a public advertisement in the newspapers inviting offers for Octroi Ijara for one year and the upset price was fixed at Rs. 13,50,000/- as per the price determined by the Taluka Development Officer, Jetpur Taluka, District Rajkot. The contract for the year 1996-...
Shaileshbhai L. Mehta Vs. Ghanshyam Education Trust and ors.
Court: Gujarat
Decided on: Sep-08-1997
Reported in: (1998)1GLR532
C.K. Thakker, J.1. Admitted. Ms. V.P. Shah for Mr. Section R. Brahmbhatt appears and waives service of notice of admission on behalf of respondent No. 1-management. Ms. Binoda Gajjar, learned Assistant Government Pleader waives service of notice of admission on behalf of respondent No. 2. Learned Counsel for the appellant states that no relief is claimed against respondent No. 3-Gujarat Secondary Education Tribunal. The appellant has joined the Tribunal as party respondent since the petitioner had joined the Tribunal as respondent in petition. In the facts and circumstances and with the consent of the parties, the matter is taken up for final hearing today.2. These two appeals arise out of an interlocutory order passed by the learned single Judge in Special Civil Application Nos. 3618 and 3622 both of 1997. On May 7, 1977 the learned single Judge admitted the petitions by issuing Rule thereon. Regarding the interim relief, the learned single Judge observed:Heard the learned Advocates f...
Dyandev Mahadu Sonar and ors. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Sep-08-1997
Reported in: (1998)2GLR1213
R.M. Doshit, J.1. All the above referred three petitions involve identical question of law and are, with the consent of the learned Advocates, disposed of by this common judgment.2. The petitioners in all these three petitions have entered the service of the respondents as Armed Constables. In course of service, they earned further promotion to the post of Head Constable and retired from service as Head Constable Grade-I. On 5th July, 1991, the Government passed a Resolution under which it introduced the scheme, popularly known as 'Higher Grade Scheme', under which, the Government servants suffering from stagnation, were offered the benefit of Higher Grade on their completing continuous service of 9 years in the same cadre, subject to the terms and conditions provided therein. In view of the said Scheme and the modifications made thereafter, all the petitioners, under orders made on 2nd February, 1993 by the respondent No. 4, were given the benefit of Higher Grade, i.e., the petitioner...
Nagjibhai Ramjibhai Kakadia Vs. M.D. Mankad and ors.
Court: Gujarat
Decided on: Sep-05-1997
Reported in: (1998)3GLR2342
J.N. Bhatt, J.1. In this election petition under Section 80A of the Representation of People Act, 1951 ('R.P. Act'), the petitioner has challenged the validity and legality of the election of Junagadh Lok Sabha constituency and has sought an order for re-election.2. A resume of material and relevant facts shortly may be stated at the outset so as to appreciate and examine the merits of election petition at the threshold. The petitioner N.R. Kakadia was contesting 11th Lok Sabha Election from 6/Junagadh constituency as a candidate of National party (Bahujan Samaj Party). The petitioner has inter alia contended that the returning officer-respondent No. 1, M.D. Mankad had adopted malpractices which he has stated in paras 1 to 9 of the petition. His main grievance seems to be that respondent No. 1 returning officer despite giving notice about irregularities, did not respond, as a result of which, he secured only about 200 votes. After filing his nomination papers on 30-3-1996, respondent N...
Natvarlal A. Jani Vs. N.N. Jain, Chairman and Managing Director, Prest ...
Court: Gujarat
Decided on: Sep-03-1997
Reported in: [1999]98CompCas720(Guj); 1998CriLJ2159; (1999)2GLR1374
N.J. Pandya J.1. Rule. Mr. Padia waives service. It is very surprising that the court of the Metropolitan Magistrate as well as the City Sessions Court both have been carried away by the argument advanced on behalf of the original accused that in view of the amendment in section 113 of the Companies Act, 1956 (for short 'the Act'), punishment can be done to the defaulting respondent under section 113(2) by the Company Law Board (for short 'the Board'). When the argument was based on this taking it to be a question of jurisdiction, the court of the Metropolitan Magistrate, Ahmedabad, accepted the plea that it has no jurisdiction. 2. The matter was carried before the learned City Sessions judge, where also this plea was found acceptable. It is indeed surprising that this plea has been advanced, much more so, which should have been accepted. Civil liability or responsibility arising out of a civil nature under a statute is one thing and penalty imposed by that very statute necessarily has...
Rukhiben W/O Amarsingh Chaturbhai Parmar Vs. Kiritkumar Kantilal Patel
Court: Gujarat
Decided on: Sep-03-1997
Reported in: (1997)3GLR2383
S.D. Shah, J.1. Petitioners are the original defendants and the respondent before this Court is the original plaintiff. It appears that the original plaintiff instituted Regular Civil Suit No. 41 of 1992 in the Court of Civil Judge, Junior Division, Dakor - Thasara for injunction to restrain the present petitioners from disturbing their possession of the land bearing Survey No. 232 admeasuring 3 Acres and 34 Gunthas situated at village Ojarara, Taluka Thasara. In the suit filed by the plaintiff they alleged that by registered sale deed, they have purchased the land in question from the present petitioners and that as per the sale deed also peaceful and vacant possession of the suit land is handed over to the purchaser. The present petitioners appeared in the suit and by filing written statement contended that the land was in their possession and that a kachcha hut of their ownership is situated on the land. They also contended that the sale deed has been obtained by fraud but no specif...
Ambalal Sarabhai Enterprises Vs. Chemical Labour Union and ors.
Court: Gujarat
Decided on: Sep-02-1997
Reported in: (1999)ILLJ664Guj
S.D. Pandit, J. 1. M/s. Sarabhai M. Chemicals a division of Ambalal Sarabhai Enterprises has preferred these four appeals against the common judgment delivered by the learned single Judge of this Court on July 19/30/31, 1996, August 1, 1996 in Special Civil Application Nos. 2111/1993, 12960/1994, 7318/1993 and 4478/1996. The learned single Judge by his common judgment has partly allowed the said writ petitions by setting aside the award passed by the Industrial Tribunal, Gujarat at Ahmedabad in REF (IT) No. 179/1968 on January 29, 1993 and remanding the matter to the learned Industrial Tribunal to reconsider the reference and to decide the same afresh as per the directions given and observations made by him in his judgment. 2. We have heard Mr. K. S. Nanavati, senior Advocate for the appellants, Mr. Shahani, Advocate for the original petitioner in Special Civil Application No. 2111/1993, Mr. I. A. Supheia, Advocate for original petitioner in Special Civil Application No. 12960/1994. Mr...
Koli Ramsing Gandabhai Vs. State of Gujarat
Court: Gujarat
Decided on: Sep-02-1997
Reported in: (1998)1GLR116
J.M. Panchal, J.1. By means of filing this appeal under Section 374(2) of the Code of Criminal Procedure, 1973, the appellant has challenged legality and propriety of judgment and order dated February 15, 1995 rendered by the learned Sessions Judge, Surendranagar, in Sessions Case No. 9 of 1994 by which he is convicted under Sections 302 & 201 of the Indian Penal Code and sentenced to suffer R. 1. for life as well as fine of Rs. 500/- in default R.I. for three months. It may be mentioned that though the appellant is convicted under Section 201 of the Indian Penal Code, no separate sentence is imposed on the appellant by the learned Judge for the said offence.2. The prosecution case as emerging from F.I.R. lodged by witness Shivabhai is as under: Shivabhai Becharbhai is a resident of village Dhanad, Taluka : Halvad, District: Surendranagar. His daughter Godavariben was married to the appellant 20 years back and was residing with the appellant initially at village Kavadia. At the said vi...
Bank of India Vs. Baroda Cables Pvt. Ltd. and ors.
Court: Gujarat
Decided on: Sep-01-1997
Reported in: [1999]95CompCas356(Guj)
C.K. Thakker, J.1. This appeal is filed against an order passed by the learned single judge on February 27, 1997, in Special Civil Application No. 8588 of 1996. 2. A few relevant facts for deciding this Letters Patent Appeal may now be stated : The appellant is Bank of India ('the bank', for short). It filed Special Civil Suit No. 89 of 1985, in the Court of Civil Judge (SD), Godhra, for recovery of amount of Rs. 82,18,857.02 with interest and costs. It was against respondents Nos. 1 to 3. During pendency of the suit, it appears that some arrangement was arrived at between the debtors, i.e., respondents Nos. 1 to 3 and Sunflow Metals Private Limited, respondent No. 5 herein, pursuant to which an application was made by the said Sunflow Metals Private Limited before the learned civil judge to be joined as party to the suit. Likewise, respondent No. 1 also made an application under Order 23, rule 3 of the Civil Procedure Code, 1908, stating therein that a settlement between defendants No...
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