Gujarat Court January 2001 Judgments
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Jagdeep Industries Vs. Gujarat Industrial Development Corporation
Court: Gujarat
Decided on: Jan-19-2001
Reported in: (2001)2GLR1765
D.P. Buch, J. 1. The present petition has been filed by the petitioner above-named under Arts. 14 and 16 of the Constitution of India, read with the provisions contained in the Gujarat Public Premises (Eviction of Unauthorised Occupants) Act, 1972 (for short, 'the Act'), for appropriate writ, order or direction directing the respondent to restore possession of the premises No. CIB/4309 Phase IV, Vatva and for declaration that the action of the respondent in taking possession of the said premises from the petitioner is arbitrary, null and void, since it is taken without following due process of law. The facts which are not in dispute may be referred as follows :2. A plot with the above description was allotted to the petitioner by the respondent-Corporation under the scheme promulgated by the respondent. Certain terms and conditions were attached to the allotment of the said plot. The respondent contended that the petitioner did not pay the required amount of rent regularly, and therefo...
Dharamkrupa Kelvani Mandal Vs. Hansaben K. Thakkar and anr.
Court: Gujarat
Decided on: Jan-19-2001
Reported in: (2001)3GLR1895
S.K. Keshote, J.1. Heard learned Counsel for the parties.2. The facts of this case briefly stated are that the respondent No. 1 is a teacher in the school run by the petitioner. During the examination time the respondent No. 1 amongst other teachers was sent to one Kanak Gujarati Primary School in the month of February, 1990 for the purpose of carrying out examination supervision work in the said institution. On 3-2-1990, the first respondent teacher quarrelled with her colleague Ms. Mohiniben Trivedi in the premises of Kanak Gujarati Primary School. Ms. Mohini is also a teacher in the school run by the petitioner. The principal of Kanak Gujarati Primary School reported to the petitioner about this incident. The petitioner school sent memo to the first respondent inter alia seeking her explanation. However, she did not accept the charge and also abused other teacher involved as well as principal. Ultimately, a show -cause notice was issued on 25-4-1990 to the respondent No. 1 under the...
Krystal Polyfab Ltd. Vs. Geb
Court: Gujarat
Decided on: Jan-19-2001
Reported in: (2001)4GLR3187
P.B. Majmudar, J.1. The petitioner herein is the original plaintiff, who has filed a suit, being Regular Civil Suit No.69 of 1995, in the Court of Civil Judge (Junior Division), Mangrol. It is the case of the plaintiff that the plaintiff is a Registered Company, having its factory situated at : Block No.112, Plot No.15-18, Mota Borsara, Taluka : Mangrol, District : Surat. The plaintiff is the consumer of the electric power obtained from the defendant Gujarat Electricity Board, bearing Consumer No.6448/39486. It is the case of the plaintiff that it is paying electricity consumption bills regularly and in spite of that, the Officers of the defendant visited the factory of the plaintiff on 26.4.1995 and checked the meter wire and found that the seal of the meter body was intact and that the meter is running slowly and after preparing Memorandum, they instructed the plaintiff that they would send a supplementary bill, for which the plaintiff objected. In spite of that, supplementary bill w...
Sureshbhai Somabhai Patel Vs. State of Gujarat
Court: Gujarat
Decided on: Jan-19-2001
Reported in: (2001)4GLR3363
Ravi R. Tripathi, J.1. The present petitions are filed by the petitioners claiming to be eligible for appointment as teachers in primary and secondary schools on the basis of possessing the certificate of Physical Education (C.P. Ed.). It is the case of the petitioners that because they have obtained that C.P. Ed. qualification from Bharatiya Sharirik Prashikshan Mahavidyalaya, Amravati run by Hanuman Vyayamshala Prasarak Mandal, Amravati, which is not recognised for the purpose of appointment in the schools of Gujarat State. That the authorities did not consider them eligible for being continued as teachers.2. It is the case of the petitioners that they have passed SSC examination and after that they completed ATD course and then they joined the aforesaid institution for C.P.Ed., which is a recognised school for the purpose of conducting C.P.Ed. course by the Director of Sports & Youth Service, Maharashtra State. The petitioners have obtained C.P.Ed qualification from Bharatiya Sharir...
Vora Kadarbhai Majidbhai Vs. Mansuri Jusabhai Shakurbhai and ors.
Court: Gujarat
Decided on: Jan-19-2001
Reported in: (2001)4GLR2887
D.C. Srivastava, J.1. These two Revisions are proposed to be disposed of by a common judgment.2. The facts giving rise to Civil Revision Application No. 1210 of 1988 are as under:The Revisionist Kadarbhai Majidbhai Vora has filed this Revision under Section 29(2) of the Bombay Rent Act alleging that the decree passed by the trial Court was wrongly disturbed by the lower Appellate Court. The brief facts are that the nlaintiff-revisionist is the owner of T. No. 1/2, Survey No. 24, situated in Mehsana, Sidhpur Bazar. One room on the first floor was let out to the defendant respondent on monthly rent of Rs. 10.50 ps. The defendant and his brother Fakirmahmad by making costly expenses constructed their own house in Dabgharvas near Lake in Mehsana. The suit for eviction of the respondent was filed on five grounds. The first was acquisition of suitable accommodation for his residence by the tenant-respondent. The other was bona fide reasonable personal requirement. The third was illegal Sub-l...
indreshwar Majoor Sahakari Mandali Ltd. Vs. Taluka Panchayat, Kutiyana
Court: Gujarat
Decided on: Jan-18-2001
Reported in: (2001)2GLR1576
A.L. Dave, J.1. The Revisioner filed Regular Civil Suit No. 30 of 2000 in the Court of Civil Judge, (Junior Division), at Kutiyana for injunction against present respondents seeking indulgence of the Court injuncting the respondent from giving work of road construction to the Gram Panchayat, Dhruwala, without inviting tenders. Therefore, learned Civil Judge after considering the rival side contentions allowed application Exh.5 for temporary injunction and directed the defendant (present opponent) not to proceed with the work without inviting tenders and without giving opportunity to Labour Co-operative Societies till final disposal of the suit, This order was challenged by the present respondent in the Court of Assistant Judge at Porbandar. The appeal was numbered as Miscellaneous Civil Appeal No. 34 of 2000. The learned Assistant Judge after considering the rival cases allowed the appeal and set aside the order passed by Civil Judge, (Junior Division) Kutiyana, below Exh. 5 in Regular...
Anjalavala Rafiq Ahmed Gulam Nabi Vs. Nayankumar Babulal Mistri and or ...
Court: Gujarat
Decided on: Jan-18-2001
Reported in: AIR2001Guj196; (2001)2GLR1494
Kundan Singh, J. 1. This petition has been preferred for quashing the order dated 8th January, 1998 passed by the Deputy Secretary, Civil Supply Department, State of Gujarat, Gandhinagar, confirming the order dated 15th October, 1996/30-11-1996 passed by the respondent No.2 Collector, Himmatnagar and for maintaining the order dated 24th April, 1995 of the Competent Authority whereby the petitioner was authorised to open and run a fair price shop on the advertisement dated 3rd January, 1995 by the District Civil Supply Officer. Applications from the persons willing to have authorisation to run fair price shop in Polo ground, Himmatnagar were invited within a specified period. The . respondent No.l and nine other persons applied for authorisation to run the fair price shop. The Mamlatdar, Himmatnagar, after scrutinising the applications, submitted the same for consideration of the Himmatnagar Taluka Civil Supply and Consumer Protection Advisory Committee and that committee considered the...
Maniyar Solanki and Co. Vs. Sanghi Nathalal Allarakhabhai and anr.
Court: Gujarat
Decided on: Jan-18-2001
Reported in: (2001)3GLR2041
D.P. Buch, J.1. This is an appeal filed against the judgment and decree dated 5-11-1999 recorded by the learned 3rd Civil Judge (S.D.) at Rajkot in Special Civil Suit No. 61 of 1999, under which the learned Judge dismissedthe said suit of the appellant on the ground that the appellant-original plaintiff was not a duly registered partnership firm under the Partnership Act, 1932.2. Feeling aggrieved by the said judgment and decree of the trial Court, the appellant has preferred this appeal before this Court. It has been mainly contended here that the judgment and decree of the trial Court are illegal, improper, unjust and without jurisdiction and against the provisions of law, against the legal settled position, circumstances, the evidence on record and against the authorities cited at bar and are unconstitutional and against the principles of natural justice. It has also been contended that the learned Judge, while passing the judgment and decree in question, has exceeded the jurisdicti...
Commissioner of Income-tax Vs. U.S. Navlekar
Court: Gujarat
Decided on: Jan-18-2001
Reported in: [2001]252ITR465(Guj)
J.M. Panchal, J. 1. By means of filing these applications under Section 256(2) of the Income-tax Act, 1961 ('the Act' for short), the Revenue has prayed to direct the Income-tax Appellate Tribunal, Ahmedabad Bench 'C', to raise and refer to this court three questions of law set out in para. 4 of the applications. 2. Facts : The assessee derives income from medical profession, interest, etc, The assessee is one of the trustees of Dr. Navlekar Family Trust. The trust was settled by Shri K. S. Thakkar who had contributed Rs. 2,000 towards the corpus of the trust. The trust had purchased laproscopicinstrument and shown hire charges income from laproscopic instrument for family planning operations carried out by the assessee. The Income-tax Officer by his order dated March 27, 1986, for the assessment year 1983-84 in the case of the trust had held that the income declared in the case of the trust, in fact, belonged to the assessee. The Income-tax Officer had relied upon his own order in the...
Ghelaji Mathurji Thakor and ors. Vs. Gsrtc
Court: Gujarat
Decided on: Jan-18-2001
Reported in: AIR2003Guj114
ORDERSharad Dave, J. 1. With consent of the LAS for the parties, the matter is heard finally.2. The petitioner/original applicant-claimants, has filed this Revision Application against the order passed by the MACT, (AUX) Ahmedabad, in MACP No. 787 of 1997 rejecting the application below Exh. 35 for making payment for reconstruction of the house. It is the case of the applicant that, the wife of the application No. 1 and mother of applicant Nos. 2 to 4. died in a vehicular accident, for which an amount of Rs. 1,20,800/- was awarded with 12% interest and cost. Thereupon, after some time. the said amount of compensation was deposited in the Tribunal. As per the modified order of the Tribunal, each of the petitioner would be entitled to 25% share of the amount of compensation and out of the amount coming to the share of the petitioner Nos. 2 to 4, being 75% of the same should be invested in a nationalised bank for a period of 7 years. The petitioner No. 1. being husband of the deceased, wa...
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