Gujarat Court March 1999 Judgments
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Chhotubhai Zinabhai (Since Decd.) Through His Heirs and Lrs. Gunvantbh ...
Court: Gujarat
Decided on: Mar-23-1999
Reported in: (2000)1GLR115
D.C. Srivastava, J.1. This is landlord's revision under Section 29(2) of the Rent Control Act, 1947.2. Brief facts giving rise to the present revision are as follows:3. The disputed premises was lei out by the plaintiff-landlord to the defendant on monthly rent of Rs. 14/- besides Rs. 3/- per month towards electricity charges. In this way, Rs. 17/- per month were treated as standard rent and permitted increases. The rent amounting to Rs. 272/- from 1-1-1974 to 30-4-1975 was due from the tenant. Notice of demand was sent through registered post on 2-5-1975 in which the tenancy was also terminated. Neither the rent was paid within a month of service of notice of demand nor the premises was vacated. Hence, the landlord filed suit for eviction etc., against the tenant.4. The tenant contested the suit disputing the standard rent to be Rs. 17/- per month. According to him, similar portion was let out previously between Rs. 6/- to Rs. 7/- per month and as such, the dispute of standard rent wa...
Heirs and Legal Representatives of Decd. Kashiben Lallubhai Vs. State ...
Court: Gujarat
Decided on: Mar-23-1999
Reported in: (1999)3GLR829
M.R. Calla, J.1. Heard learned counsel.2. This Special Civil Application is directed against the order dt.29.10.98 passed by the Gujarat Revenue Tribunal in Revision Application No. TEN/B.A./764/93 dt. 29.10.98 whereby the Revision Application was rejected. The petitioners claiming to be the legal heir of Kashiben Lallubhai Patel have raised a grievance that the entitlement of one more unit in their favour was not considered by the authorities under the Gujarat Agricultural Lands ( Ceiling of Holdings) Act. This is the second round of litigation. In the first round, the matter had been contested upto Gujarat Revenue Tribunal which passed the order on 12.12.96. Aggrieved from this order dt.12.12.96 passed by the Gujarat Revenue Tribunal in Revision Application No. TEN/B.A./764/96 Special Civil Application No. 832/97 was preferred before this Court. This Court decided the said Special Civil Application on 17.9.97 and remanded the mater back to the Gujarat Revenue Tribunal on the ground t...
Patel Verabhai Kalidas Vs. State of Gujarat
Court: Gujarat
Decided on: Mar-19-1999
Reported in: I(2000)DMC431
M.S. Parikh, J.Rule. Service of rule waived by the Ld. A.P.P. as well as learned advocates appearing for the rival parties. 1. This habeas corpus petition has been filed by the petitioner, father of minor girl [Parul]. He has prayed for calling upon the respondents nos. 2, 3, 4 and 5 to produce the petitioner's daughter before this Court and to hand-over her custody to the petitioner, who is her natural guardian. [He has been the resident of village Ghuma, Distirct Ahmedabad]. He has his wife [Gauriben] and three minor children, [Parul, Vikram and Vaishali by name]. He has been cultivating his agricultural land [in village Ghuma]. His daughter [Parul], whose birth date is 7/11/1981 as registered in the records of [Ghuma] Gram Panchayat, is his eldest daughter, followed by son [Vikram], aged 14 years and daughter [Vaishali], aged 13 years, respectively studying in 9th standard and 8th standard. Minor girl [Parul] has failed in S.S.C. Examination and was lured to take up a course of Beau...
Bharuch Textile Mills Limited Vs. State of Gujarat
Court: Gujarat
Decided on: Mar-19-1999
Reported in: 2000CriLJ465
R.P. Dholakia, J.1. Aforesaid petitions have been filed by the petitioner against the common order passed below exh.23 in Criminal Case No.23104 of 1994 with allied matters filed by the present petitioner-original complainant directly in the Court of learned Chief Judicial Magistrate at Bharuch. After verifying the same, Court has issued the order under sec.156(3) of Cr.P.C. and directed the Police to investigate the matter. In turn, Police has investigated the matter and at the end of investigation, Police has submitted the charge-sheet. In the meanwhile, present respondent-original accused has filed the proceedings in the High Court under sec. 482 and above proceedings took its own time and after its disposal, the Court below has taken cognizance by framing the charge. During that period, prosecution thought it fit and necessary to further investigate the matter and they have submitted application seeking formal permission under sec.173(8) of Cr.P.C. before the learned Chief Judicial...
P. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Mar-19-1999
Reported in: (1999)2GLR1422
M.S. Parikh, J.1. Rule. Service of Rule waived by the learned A.P.P., as well as learned Advocates appearing for the rival parties.This habeas corpus petition has been filed by the petitioner, father of minor girl (***). He has prayed for calling upon the respondent Nos. 2, 3, 4 and 5 to produce the petitioner's daughter before this Court and to hand-over her custody to the petitioner, who is her natural guardian (***). He has his wife (*?) and three minor children (**?). He has been cultivating his agricultural land (***). His daughter (***), whose birth date is 7-11-1981 as registered in the records of (***) Gram Panchayat, is his eldest daughter, followed by son (***) aged 14 years and daughter (***) aged 13 years, respectively studying in 9th standard and 8th standard. Minor Girl (***) has failed in S.S.C. Examination and was lured to take up a course of Beautician by respondent No. 4. She was accordingly attending the Beauty Parlor run by the respondent No. 4 (***). Respondent No....
Oriental Insurance Co. Ltd. Vs. Heirs and L.R. of Decd. Kishorbhai Pop ...
Court: Gujarat
Decided on: Mar-17-1999
Reported in: 2001ACJ1268; [2000(84)FLR473]; (1999)3GLR2172
M.S. Shah, J. 1. In this revision application under Section 115 of the Civil Procedure Code, the petitioner-Insurance Company has challenged the communication/order dated 12-2-1999 from the Motor Accident Claims Tribunal (Main), Rajkot to the Divisional Manager of the petitioner-Company calling upon the Company to pay compensation under the Workmen's Compensation Act, 1923 (hereinafter referred to as the said Act or the Workmen's Compensation Act) with interest and penalty to the heirs of deceased-Kishorbhai Popatbhai who was the driver of the motor vehicle involved in a motor accident on 7-3-1994. 2. The heirs of the deceased had filed Motor Accident Claim Petition No. 1589 of 1998 before the Motor Accident Claims Tribunal, Rajkot claiming a sum of Rs. 3 lacs under Section 166 of the Motor Vehicles Act, 1988. The Tribunal found that since the accident arose on account of negligence of the deceased-driver himself, the application filed by his heirs for compensation could not be tried b...
Raymon Glues and Chemicals and anr. Vs. Union of India and ors.
Court: Gujarat
Decided on: Mar-17-1999
Reported in: 1999(66)ECC538; 2000(117)ELT29(Guj); (1999)3GLR2347
B.C. Patel, J.1. M/s. Raymon Glues & Chemicals engaged in the business of manufacturing of Di-calcium phosphate having a factory was being subjected to the provisions of Central Excise Act. The respondent classified the Di-calcium phosphate manufactured by the petitioner under Chapter 28 of the Central Excise Tariff Act, 1985 (hereinafter referred to as 'the Tariff Act') though the same is classified under Chapter 23 of the Tariff Act by Customs, Excise & Gold (Control) Appellate Tribunal whose decisions are final by virtue of Section 35C (4) of the Central Excise Act, 1944 (hereinafter referred to as 'the Act'). The grievance voiced by the petitioner is that despite the decision of the Tribunal which has become final, the Central Board of Excise and Customs (hereinafter referred to as 'the Board'), by issuing circular vide Annexure 'D', has tried to nullify the effect of the decision of the Tribunal which according to the petitioner, amounts to indirect legislation by circulars. The s...
Surat Panjrapole Vs. Commissioner of Income Tax
Court: Gujarat
Decided on: Mar-17-1999
Reported in: (2000)GLR21; [1999]238ITR324(Guj)
J.N. Bhatt, J. 1. The petitioner, which is a public charitable trust registered under the Bombay Public Trust Act, 1956, and which has the history of its existence relating back to 1796, has assailed the impugned order of the respondent authority, dt. 13th Oct., 1998, under s. 80G(5) of the IT Act, 1961 whereby the request for renewal of recognition under s. 80G of the IT Act came to be rejected, by filing this petition, under Art. 226 of the Constitution of India, inter alia, contending that the impugned order is arbitrary, contrary to law and unreasonable. 2. The petitioner trust, as its name itself indicates, runs various activities for the preservation, protection and promotion of the infirm, invalid and rejected cattle. The petitioner trust constituted for laudable objects which could very well be appreciated as they are highlighted in para 3 of the petition, as follows : (1) To provide protection and maintenance of cattle and animals permanently handed over to the trust by any on...
Aiyubkhan Gulamdastgir Pathan Vs. Police Commissioner
Court: Gujarat
Decided on: Mar-17-1999
Reported in: 1999CriLJ3776; (1999)3GLR857
D.C. Srivastava, J.1. The petitioner, through this writ petition under Article 226 of the Constitution of India, has challenged the order of detention dated 4.8.1998 passed by the Commissioner of Police, Vadodara City under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 ('the PASA' for short) and has prayed for quashing of the said order and also for his immediate release from illegal detention.2. From the grounds of detention, it seems that because of registration of four cases under the Bombay Prohibition Act against the petitioner and also from the statements of three confidential witnesses that the detaining authority was subjectively satisfied that the petitioner is a bootlegger and his activities were prejudicial for maintenance of public order. Alternative remedies were also considered by the detaining authority who found that preventive detention was the only efficacious remedy on the facts and circumstances of the case against the petitioner. Accord...
Oriental Insurance Co. Ltd. Vs. Heirs and L.Rs. of Deceased Kisorbhai ...
Court: Gujarat
Decided on: Mar-17-1999
Reported in: I(2000)ACC610
M.S. Shah, J.1. In this revision application under Section 115 of the Civil Procedure Code, the petitioner-Insurance Company has challenged the communication/order dated 12.2.1999 from the Motor Accident Claims Tribunal (Main), Rajkot to the Divisional Manager of the petitioner-Company calling upon the Company to pay compensation under the Workmen's Compensation Act, 1923 (hereinafter referred to as the said Act or the Workmen's Compensation Act) with interest and penalty to the heirs of deceased-Kishorbhai Popatbhai who was the driver of the motor vehicle involved in a motor accident on 7.3.1994.2. The heirs of the deceased had filed Motor Accident Claim Petition No. 1589/98 before the Motor Accident Claims Tribunal, Rajkot claiming a sum of Rs. 3 lacs under Section 166 of the Motor Vehicles Act, 1988. The Tribunal found that since the accident arose on account of negligence of the deceased-driver himself, the application filed by his heirs for compensation could not be tried by the M...
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