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Gujarat Court October 2000 Judgments

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Oct 04 2000

Vimlaben, Wd/O. Rasiklal K. Joshi and ors. Vs. Danabhai Kalyanbhai Roh ...

Court: Gujarat

Decided on: Oct-04-2000

Reported in: (2002)1GLR330

H.K. Rathod, J. 1. 'Social Justice is a dynamic device to mitigate the sufferings of the poor, weak dalits, tribals and deprive sections of the society and to elevate themto the level of equality to live life with dignity of person. Social Justice is not a simple or single idea of a society, but is an essential part of complex social change to relieve the poor etc. From handicaps, penury to ward off distress and to make their life livable for greater good of Society at large. In other words, the aim of social justice is to attain substantial degree of social, economic and political equality which is legitimate expectation and constitutional goal. Social security just and humane conditions or work and leisure to poorer weak are part of his meaningful right to life and to where self expression of his personality and to enjoy the life with dignity.'Heard Mr. A. J. Patel, learned Advocate appearing on behalf of the petitioners and Mr. G. R. Shaikh, learned Advocate appearing on behalf of t...


Oct 04 2000

Pathan Talibkhan Abdul R. Vs. Pathan Husenkhan Abdul R. and anr.

Court: Gujarat

Decided on: Oct-04-2000

Reported in: (2001)2GLR1139

R.M. Doshit, J.1. This appeal under Section 100 C.P.C., arises ofthe judgment and order dated 8th September, 1980, passed by the learned District Judge, Junagadh, in Regular Civil Appeal No. 66 of 1977 arising of the judgment and order dated 31st March, 1977, passed by the learned Joint Civil Judge (S.D.) Junagadh, in Regular Civil Suit No. 621 of 1973. The appellant before this Court is the plaintiff.2. The plaintiff is the nephew of one Ibrahimkhan Husenkhan (son of the brother) and the defendants are the brother-in-law and the nephew of the said Ibrahimkhan Husenkhan (brother of the wife of Ibrahimkhan and son of the said brother). The said Ibrahimkhan owned a property bearing Sanad No. 261 of 1973, situated in Bukar Maholla, in the town of Junagadh. The said property originally belonged to the ancestors of Ibrahimkhan and his brother Abdul Rahimkhan-the father of the plaintiff. The said Ibrahimkhan had instituted Regular Civil Suit No. 266 of 1964 against his brother Abdul Rahimkha...


Oct 04 2000

Bhanumatiben Suryakant Doshi Vs. Vanrajsinh Hirabhai Chavda and ors.

Court: Gujarat

Decided on: Oct-04-2000

Reported in: (2001)2GLR1216

D.C. Srivastava, J. 1. Heard Ms. Avani Mehta, learned Counsel for the revisionist on admission of this revision. The admission of revision is opposed by Shri Y. S. Lakhani appearing on behalf of respondent No. 1. Shri K. C. Shah, learned A.P.P., appearing on behalf of respondent No. 4 has also been heard. 2. The order dated July 12, 2000 of the learned Sessions Judge, Surendranagar is under challenge in this revision. By the impugned order, the learned Sessions Judge has set aside the order of the learned Executive Magistrate passed in proceedings under Section 145 of the Code of Criminal Procedure on May 16, 2000. 3. After hearing the learned Counsel for the parties and examining the judgments under revision, it can be safely said that the order of the learnedExecutive Magistrate was not in accordance with law, and as such, it could be set aside by the Sessions Judge in revision. 4. The first infirmity in the order of the learned Executive Magistrate is that, he did not pass any preli...


Oct 04 2000

Vithalbhai Talsibhai Parmar Vankar Vs. State of Gujarat and anr.

Court: Gujarat

Decided on: Oct-04-2000

Reported in: (2001)3GLR1969

A.M. Kapadia, J. 1. Rule. Mr. U. A. Trivedi, learned A.P.P., appears and waives service of notice of rule on behalf of respondent No. 1-State whereasMr. Y. S. Lakhani, learned Advocate appears and waives service of notice of rule on behalf of respondent No. 2. 2. By means of filing this petition under the provisions of Section 439(2) of the Code of Criminal Procedure ('the Code' for short hereinafter), the petitioner, who is the original complainant, has prayed for cancellation of bail granted to respondent No. 2 by learned Additional Sessions Judge, Mehsana vide order dated November 4, 1999 recorded in Misc. Criminal Application No. 47 of 1999. 3. The brief facts of the prosecution case, as per the F.I.R., are as under : 3.1. On May 2, 1999 at about 7-00 p.m., the petitioner's uncle Ranchhodbhai Dhanabhai had gone to fetch water from water tank which is situated in the field of Shantubhai Panabhai. Harshadbhai, son of said Shantubhai, abused Ranchhodbhai, and thereafter, Shantubhai an...


Oct 04 2000

Consumer Protection Council Vs. A'bad Muni. Corporation

Court: Gujarat

Decided on: Oct-04-2000

Reported in: (2000)3GLR727

B.C. Patel, J. 1. The petitioner, Consumer Protection Council, which is registered under the provisions of the Societies Act 1860 and under the provisions of Bombay Public Trust Act, 1950 has moved this Court by filing this petition under Article 226 of the Constitution of India through its Chairman, who is a Chartered Accountant for claiming several reliefs.1.1 The respondent No. 1, Ahmedabad Municipal Corporation, (AMC, for brevity, hereinafter) is a Local Authority functioning under the provisions contained in the Bombay Provincial Municipal Corporations Act, 1949 (hereinafter referred to as the BPMC Act). Respondent No. 2 is Town Development Officer of the Western Zone of AMC. The petitioner has joined the State of Gujarat through its Secretary, Urban Development, Gandhinagar. The petitioner has moved this Court seeking appropriate writ commanding the respondents No. 1, 2 and 3 to enforce the building byelaws, Town Planning Scheme Regulations and the regulations enforcing the provi...


Oct 03 2000

Bar Council of Gujarat Vs. Vinod Harjivandas Dixit

Court: Gujarat

Decided on: Oct-03-2000

Reported in: AIR2001Guj132; (2001)3GLR2280

R.K. Abichandani, J.1. A lawyer-academician has suddenly found himself out-witted by the pure professionals and alienated by his fellow academicians landing himself in a state of suspended animation due to the professional territorial ism seeking absolute loyalty in the respective fields.2. In this appeal, the State Bar Council challenges the order of the learned single Judge granting interim relief in favour of the respondent to a limited extent that the appellant shall not fill in the office of a member of Bar Council, which is said to have fallen vacant on account of the letter dated 12th July, 2000 written by the respondent, by which he informed the Chairman of the State Bar Council that he had ceased to practise law and that he was not practising as an Advocate in any Court of India, forwarding his declaration and the original sanad to the Bar Council along with this letter.3. In his petition, the respondent challenged the resolution dated 22-7-2000 of the Enrolment Committee reso...


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