Gujarat Court July 1999 Judgments
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Bhavnagar Transport Company Vs. Valmikbhai Himatlal Patel and anr.
Court: Gujarat
Decided on: Jul-05-1999
Reported in: AIR2000Guj36; (1999)3GLR2332
J.R. Vora, J.1. In peculiar circumstances of the matter controversy surfaces whether a third party obstructor and in possession of immovable property of which recovery of possession is sought by warrant in the execution proceedings by Decree-holder can claim to have his right adjudicated upon by executing Court on preferring an Application alleged to have been filed under Order 21 Rule 97 of the Civil Procedure Code and all the more when Decree Holder chooses not to complain before executing Court about removing such obstruction and files no application to remove obstruction under R, 97 of Order 21, of CPC.2. The suit being Regular Civil Suit No. 523 of 1972 was filed by one Patel Valmikbhai Himatlal and others against the defendant Patel Mohanbhai Muljibhai and others for the recovery of the possession of rented premises. The suit was decreed and it appears that the matter was pursued by the defendants till Supreme Court but they failed and thereafter original plaintiff Patel Valmikbh...
Rajkumar Kallu Sahu Detained in Baroda Prison Vs. State of Gujarat
Court: Gujarat
Decided on: Jul-05-1999
Reported in: (1999)3GLR696
R.M. Doshit, J.1. Heard the learned advocates for the respective parties.2. The petitioner herein challenges the order of preventive detention dated 20th August, 1998, made by the Commissioner of Police, Surat City, under the powers conferred upon him under sub-section (1) of section 3 of the Gujarat Prevention of Anti Social Activities Act, 1985 (hereinafter referred to as `the Act').3. The petitioner and two other accomplices are alleged to have committed four offences punishable under sections 454, 457, 380 and 114 IPC. All the offences are registered in Pandesara Police Station and are pending investigation. In respect of these offences, the petitioner was arrested and was ordered to be released on bail. In course of investigation, the stolen articles i.e. muddamal articles were recovered from the petitioner and two other accomplices. Along with the muddamal articles, several other stolen articles like TV sets, stabliisers, suit-cases, bicycles and fans were also recovered from the...
Gujarat Steel Tubes Ltd. Vs. Union of India
Court: Gujarat
Decided on: Jul-02-1999
Reported in: 2001(75)ECC736
C.K. Thakker, J.1. Rule, Mr. Jayant Patel for Mr. P. B. Majmudar waives service for the respondents. In the facts and circumstances of the case, the matter is taken up for final hearing today. 2. This petition is for an appropriate writ, direction and order for quashing and setting aside the orders passed by the appellate authority dated 17th March, 1999 on the Stay Order No. 381 of 1999 and dated 25th March 1999 on Misc. Order No. 11 of 1999. 3. It is an admitted fact that being aggrieved by the order-in-original, an appeal is filed by the petitioners. Along with the said appeal, an application for stay was also moved. An order passed on the Stay application is impugned in this petition. 4. Mr. Dave, learned counsel for the petitioner contended that there is a total non-application of mind on the part of the appellate authority in not considering the trade notice No. 62/CE/95 dated 28th November, 1995 issued by the Commissioner of Central Excise, Chandigarh. It was stated that even if...
Metrochem Industries Ltd. Vs. Union of India
Court: Gujarat
Decided on: Jul-02-1999
Reported in: 2000(72)ECC746; 2000(121)ELT30(Guj)
C.K. Thakker, J.1. Rule Mr. J. M. Patel for Mr. Majmudar waives service. In the facts and circumstances of the case, the matter is taken up for final hearing today. 2. This petition is filed for an appropriate writ, order or direction quashing and setting aside the stay Order No. 390 of 1999 dated 18th March, 1999. 3. Being aggrieved by the order-in-original, an appeal was filed before the appellate authority which is pending and awaits final hearing. Along with the appeal, an application for stay was also preferred. The appellate authority rejected the stay application filed by the petitioner applicant. 4. Various contentions were raised by Mr. Dave, learned counsel for the petitioner. It is, however, not necessary to enter into the merits of the matter in view of the fact that the appeal is pending before the appellate authority. Mr. Dave, however, submitted that a notification No. 15 of 1994 was issued by the department on 30th March, 1994. The said notification, inter alia, require...
Damjibhai Bachubhai Patel Vs. State of Gujarat
Court: Gujarat
Decided on: Jul-02-1999
Reported in: 2000CriLJ669
A.L. Dave, J.1. Heard Mr. C.L. Soni, learned advocate for the revisioner and Mr. Trivedi, learned APP. 2. The revisioner herein challenges the order passed by the learned Sessions Judge, Rajkot in exercise of powers under Section 319 of Cr.P.C. in Sessions Case No.: 152 of 1997 below application tendered by the original complainant to join the present revisioner as an accused. The learned Sessions Judge was pleased to allow the application and ordered that the present revisioner be joined as an accused.3. Mr. Soni challenges this order only on the basis of the decision of the Apex Court on the ground that before the learned Sessions Court, recording of evidence has not begun and without recording evidence, the Sessions Court could not have exercised powers under Section 319 of the Cr.P.C. In support of his say, he has placed reliance on a decision rendered in case of Ranjeet Singh v. State of Punjab, AIR 1998 SC 3148.4. Mr. Trivedi, learned APP, on the other hand, submitted that the ma...
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