Gujarat Court October 2000 Judgments
Madhavlal Shah Vs. Raysinh Jenabhai Rathod
Court: Gujarat
Decided on: Oct-13-2000
Reported in: [2001(91)FLR1068]
R.R. Tripathi, J.1. The present petition is filed under Article 227 of the Constitution of India challenging the legality and validity of the order passed by the Gujarat Secondary Education Tribunal ('the Tribunal' for brevity) dated 11.4.1990 in Application No.168 of 1986. By the aforesaid order, the dismissal order passed against respondent no.1 dated 27th May 1986 was quashed and set aside and the petitioner was directed to reinstate respondent no.1 with full back wages. The Tribunal was pleased to hold that the order of dismissal was illegal and therefore, the same was quashed and the aforesaid order was passed. The Tribunal has also observed that the inquiry officer's report cannot be relied upon and the charges levelled against respondent no.1 cannot be held to be proved. The Tribunal was pleased to hold that the petitioner trust had followed a wrong procedure and that letter dated 9.4.1986 being exhibit 10/4 is sought to be put forward as a proposal under section 36(1)(b) of the...
Tag this Judgment!Dilipsinh Chhatrasinh Chauhan Vs. Deputy Commissioner of Police
Court: Gujarat
Decided on: Oct-13-2000
Reported in: [2001(91)FLR1054]
R.M. Doshit, J.1. The petitioner, an Armed Police Constable, challenges the order dated 31st December, 1992, placing him under suspension. The only contention raised is the order of suspension has been made in contravention of Rule 156 of the Bombay Civil Services Rules, 1959 (hereinafter referred to as 'the Rules') in as much as no prior approval of the Secretary of the Administrative Department in the Government has been obtained. It appears that an offence being No.I-CR-271/92, punishable under sections 323, 324, 504, 341 and 114 IPC has been registered against the petitioner in Dehgam Town Police Station. Pursuant to the said offence registered against the petitioner, the petitioner has been placed under suspension by the impugned order dated 31st December, 1992 pending criminal prosecution/departmental inquiry. Mr. Supehia has relied upon the Government Notification dated 21st August, 1985 (Annexure-B to the petition). The said Notification has been issued in exercise of the power...
Tag this Judgment!State of Gujarat and anr. Vs. Kolvada Gram Panchayat
Court: Gujarat
Decided on: Oct-12-2000
Reported in: (2001)2GLR1245
R.M. Doshit, J. 1. This appeal is preferred by the defendant-State of Gujarat against the judgment and order dated 27th August, 1981, passed by the learned District Judge, Mehsana, in Regular Civil Appeal No. 180 of 1979, arising of the judgment and order dated 3rd October, 1979, passed by the learned Civil Judge (S.D.) Mehsana, in Regular Civil Suit No. 121 of 1974.2. The plaintiff is Kolvada Gram Panchayat. It appears that several persons had made applications to the Collector, Mehsana, for allotment of land in village Kolvada for construction of residential house. However, no open land was available in the village site. The Collector, therefore, in exercise of the powers conferred under sub-section (4) of Section 96 of the Gujarat Panchayats Act, 1961 (hereinafter referred to as 'the Act'), made an order on 29th January, 1974 (Ex. 44), directing that the land bearing S. No. 878/3, admeasuring 5-Acre-35 Gunthas, and the land bearing S. No. 878/2, admeasuring 4-Acre-28 Gunthas, situat...
Tag this Judgment!Federation of Building Association and ors. Vs. State of Gujarat and o ...
Court: Gujarat
Decided on: Oct-12-2000
Reported in: AIR2001Guj253; (2001)2GLR1737
R.K. Abichandani, J. 1. The petitioners seek to prosecute this petition in a representative capacity for framing of a Scheme, a draft of which is placed at Annexure 'R' to this petition, for the purpose of granting relief and rehabilitation to the occupiers of the illegal and unauthorised constructions made on C. G. Road, Off C. G. Road and surrounding areas, with such alterations, additions and modifications as may be ordered by this Court. 2. The petitioner No. 1 is a recently formed Federation, which is admittedly not a Registered Association and the petitioners Nos. 2 to 9 are said to be itsoffice-bearers, who are also the occupiers of the commercial complexes on the C. G. Road. Amongst the other prayers sought in the petition are for appointment of an enquiry commission as regards the unauthorised constructions and for fixing the responsibilities of the Municipal Officers and ascertaining the role played by the builders and such officers, taking action against such officers and bu...
Tag this Judgment!Gujarat State Road Transport Corporation Vs. Suryakantaben D. Acharya ...
Court: Gujarat
Decided on: Oct-12-2000
Reported in: 2001ACJ1645; (2001)2GLR1777
J.N. Bhatt, J.1. Admit. Service of which is waived by learned Advocate Mr. Bhatt on behalf of respondent Nos. 1 to 5. Leave to delete respondent No. 6 - driver of the bus. In view of the peculiar facts and special circumstances and the urgency in the matters, upon joint request, we have agreed to hear and dispose of the matter on merits since record and proceedings are also available with us.2. In course of hearing of these appeals, our attention was drawn that the original claimants have also preferred appeal No. First Appeal Stamp No. 1501 of 2000 on behalf of the original claimants in First Appeal for enhancement of compensation by learned Advocate Mr. Bhatt. Therefore, upon report from the Registry, the said appeal is also ready and as no office objections are there, we called for hearing of the appeal. Therefore, learned Advocate for the appellant in the First Appeal Mr. Desai appeared for opponents. In the circumstances, First Appeal Stamp No. 1501 of 2000 is also tagged together...
Tag this Judgment!Gsrtc Vs. Suryakantaben D. Acharya
Court: Gujarat
Decided on: Oct-12-2000
Reported in: (2001)2GLR849
J.N. Bhatt, J.1. Admit. Service of which is waived by learned advocate Mr. Bhatt on behalf of respondent Nos. 1 to 5. Leave to delete respondent No. 6 driver of the bus. In view of the peculiar facts and special circumstances and the urgency in the matters, upon joint request, we have agreed to hear and dispose of the matter on merits since record and proceedings are also available with us.2. In course of hearing of these appeals, our attention was drawn that the original claimants have also preferred appeal No. First Appeal Stamp No. 1501 of 2000 on behalf of the original claimants in First Appeal for enhancement of compensation by learned advocate Mr. Bhatt. Therefore, upon report from the Registry, the said appeal is also ready and as no office objections are there, we called for hearing of the appeal. Therefore, learned advocate for the appellant in the First Appeal Mr. Desai appeared for opponents. In the circumstances, First Appeal Stamp No. 1501 of 2000 is also tagged together w...
Tag this Judgment!Troika Parentals Vs. Union of India (Uoi)
Court: Gujarat
Decided on: Oct-12-2000
Reported in: [2002]253ITR410(Guj)
A.R. Dave, J.1. As the question of law involved in all these three petitions is the same, at the request of the learned advocates, all these petitions are heard together and are decided by this common judgment.The petitioners in these petitions wanted to transfer their properties and, therefore, they had approached the respondent-authorities with a prayer that they be given tax clearance certificates under the provisions of section 230A of the Income-tax Act, 1961, (hereinafter referred to as 'the Act'), so that they can get the relevant documents registered under the provisions of Section 17 of the Indian Registration Act. The respondent-authorities, by the impugned order dated July 31,2000, denied the certificate mainly on the ground that certain details of the accounts for the accounting year 1999-2000 were not produced before the authorities and notices dated July 17, 2000, under Section 158BC of the Act had been issued to the petitioners, which were served upon the petitioners on ...
Tag this Judgment!Sanjaybhai Induprasad Bhatt Vs. State of Gujarat
Court: Gujarat
Decided on: Oct-12-2000
Reported in: (2001)4GLR3745
ORDERS AFFECTING THE RIGHTS OF THE PARTIES.''IT WAS NOT 'LAW OF NATURE' IN THE SENSE OF THE LAW OF JUNGLE, WHERE THE LION DEVOURS THE LAMB AND THE TIGER FEEDS UPON THE ANTELOPE BECAUSE THE LION IS HUNGRY AND THE TIGER IS FAMISHED BUT THE HIGHER LAW OF NATURE OR THE NATURAL LAW WHERE THE LION AND THE LAMB LIE DOWN TOGETHER AND THE TIGER FRISKS WITH THE ANTELOPE.''WHAT IS A CIVIL CONSEQUENCES LET US ASK OURSELVES BY PASSING VERBAL BOOBY TRAPES CIVIL CONSEQUENCES UNDOUBTEDLY COVER INFRACTION AND NOT MERELY PROPERTY OR PERSONAL RIGHTS BUT OF CIVIL LIBERTIES MATERIAL DEPRIVATION AND NON PECUNIARY DAMAGES. IN ITS COMPREHENSIVE CONNOTATION, EVERYTHING THAT AFFECTS A CITIZEN IN HIS CIVIL LIFE INFLICTS A CIVIL CONSEQUENCES.' 1. Heard S/Shri A.J.Patel, Yogesh Ravani, P. J. Vyas, C.B.Dastoor, S.M.Shah, learned advocates for the petitioner in respective petitions and Mr.I.M. Pandya and Mr.L.R.Pujari, learned Astt. Govt Pleaders for the respondents in this group of petitions. In all group of petiti...
Tag this Judgment!Bhana Bhagwan and Company Vs. Bhavan Vashram (Decd.) Through His Heirs
Court: Gujarat
Decided on: Oct-11-2000
Reported in: AIR2001Guj110; (2001)2GLR1041
Miss R.M. Doshit, J.1. This appeal arises of the judgment and order dated 22nd June, 1981 passed by the learned Extra-Assistant Judge, Bhavnagar in Regular Civil Appeal No. 119 of 1979 passed by the learned Civil Judge (J.D.), Shihor in Civil Suit No. 57 of 1974. The appellant before this Court is the plaintiff.2. The plaintiff is the partnership firm which had money lending business and also possessed the licence for such business. It was the case of the plaintiff that the plaintiff had on 9th January, 1972 advanced a sum of Rs. 6000/- to the deceased Defendant No. 1-Bhavan Vashram and the defendant No. 2-Kanbi Makod Bhavan on interest at the rate of 1 per cent per month. Against the said loan amount, on 7th March, 1972, the defendant No. 1 had paid a sum of Rs. 2000/- towards the principal amount and a sum of Rs. 1607- towards the interest. The rest of the loan amount and the interest remained unpaid. The plaintiff, therefore, sued for recovery of Rs. 5,300/-; including a sum of Rs. ...
Tag this Judgment!National Insurance Co. Ltd. Vs. Dhanwantiben Naraindas Ramchandani
Court: Gujarat
Decided on: Oct-11-2000
Reported in: 2002ACJ2075
J.N. Bhatt, J.1. Admit. Service of which is waived by Mr. R.S. Panchwani for the respondents. Leave to delete respondent No. 8 and 9. Upon joint request and considering the peculiar facts and special circumstances obtainable in this case, the appeal is taken up for final hearing today. We are also supplied with the copies of evidence relied upon by the Tribunal.2. We have gone through the impugned award which forms part of the common judgement. The amount of compensation awarded by the Tribunal in common judgement to the respondents who are original claimants of Motor Accident Claim Petition No. 955 of 1991 is recorded on 11.10.1999 against the original claim of Rs. 8 lakhs. The relevant discussions in paragraph Nos. 17, 18 and 19 in the impugned common judgement, clearly, go to show that the respondents original claimants were depending wholly on the earnings of the deceased, the only, bread winner of the family whose life was cut short in the unfortunate road mishap. The deceased Nar...
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