Gujarat Court December 1999 Judgments
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Manoj Rambhai Gadhvi Vs. Vaghasia Balubahi Khodabhai
Court: Gujarat
Decided on: Dec-02-1999
Reported in: 2001ACJ294; (2000)3GLR105
Y.B. Bhatt J.1. These are appeals filed under section 173 of the Motor Vehicles Act, 1988 by the Insurance Company together with owner and driver as appellants.2. At the outset we may make it clear that the award so far as the quantum of compensation is concerned, is not in challenge. The only question raised in this group of appeals is as regards the rate of interest awarded by the Tribunal at the rate of 15% per annum from the date of the claim petition till payment. We may further clarify that the period during which the interest is to accrue viz. from the date of the claim petition till realisation is also not in dispute. In short, the only contention raised by the appellants is that the rate of 15% per annum is excessive and the same requires to be reduced.3. Learned counsel for the appellant particularly contends that due to various factors affecting the economy of the country, the interest rates which were at their peak in or about the year 1994 had thereafter stabilised for som...
Babulal Chimanlal Bhil Vs. State of Gujarat
Court: Gujarat
Decided on: Dec-02-1999
Reported in: (2000)2GLR683
M.R. Calla, J.1. This Special Civil Application was filed in this Court on 20th September 1999 against the petitioner's reversion order dated 13th September 1999 whereby he was reverted to the post of Superintendent, Class-III from that of Assistant Director, in the Tourism Department. On 21st September 1999 while issuing Rule, the Court also passed an ad-interim order staying the operation of the impugned reversion order. A Caveat had been filed on behalf of the respondents on 18th September 1999, but the same was served upon the petitioner on 25th September 1999 and by that time, the Rule had already been issued and the ad-interim order had already been passed and therefore, learned Addl. Govt. Pleader has not pressed against the order of issuance of Rule and the ad-interim order on this ground. However, the affidavit-in-reply dated 13th October 1999 was filed on behalf of the respondents and thereafter, an affidavit-in-rejoinder dated 20th October 1999 had been filed by the petition...
Manoj Rambhai Gadhvi and ors. Vs. Vaghasia Balubhai Khodabhai and ors.
Court: Gujarat
Decided on: Dec-02-1999
Reported in: II(2001)ACC597
Y.B. Bhatt, J.1. These are appeals filed under Section 173 of the Motor Vehicles Act, 1988 by the Insurance Company together with owner and driver as appellants.2. At the outset we may make it clear that the award so far as the quantum of compensation is concerned, is not in challenge. The only question raised in this group of appeals is as regards the rate interest of awarded by the Tribunal at the rate of 15% per annum from the date of the claim petition till payment. We may further clarify that the period during which the interest is to accrue viz. from the date of the claim petition till realisation is also not in dispute. In short, the only contention raised by the appellants is that the rate of 15% per annum is excessive and the same requires to be reduced.3. Learned Counsel for the appellant particularly contends that due to various factors affecting the economy of the country, the interest rates which were at their peak in or about the year 1994 had thereafter stabilised for so...
State of Gujarat Vs. N.K. Jadhav
Court: Gujarat
Decided on: Dec-01-1999
Reported in: (2000)4GLR801
C.K. Thakkar, Actg. C.J.1. All these applications are filed for condonation of delay in filing LPAs against the order passed by the learned Single Judge .When appeals were filed by the applicants-appellants , the registry raised an objection that they were barred by 333 days .These applications are,therefore, filed for condonation of delay.2. When the matters came up for hearing, Rule was issued on April 6, 1998 and was made returnable on April 17, 1998. Opponents were served and affidavit in reply was filed on their behalf. Further affidavit was filed by Addl.DGP (Administration) on August 19, 1998.3. We have heard Mr. S. N. Shelat, learned Addl.Advocate General instructed by Patel Associates for the applicant, Mr. J.P.Bhatt for respondent No.1 and Mr.B.R.Vaishanv for rest of the respondents.4. The case of the applicant was that the learned Single Judge delivered the judgment on December 12, 1996. A copy thereof was received by the Home Department on January 22, 1997. On February 12, ...
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