Gujarat Court February 2001 Judgments
Balwantbhai Maganlal Chauhan Vs. Municipal Corporation of the City of ...
Court: Gujarat
Decided on: Feb-20-2001
Reported in: (2001)3GLR1963
Kundan Singh, J.1. The petitioner along with other persons is the owner of the land bearing Survey No. 172 of village Majura, Ta: Choryasi, Dist: Surat admesuring 44010 sq. mirs. The Surat Urban Development Authority reserved the aforesaid land under Section 12(2)(b) of the Gujarat Town Planning and Urban Development Act, 1976. (hereinafter referred to as 'the Act'). It is alleged that in the year 1967, the land was reserved for a slaughter house for a period of more than 10 years and later on in the revised plan, it was reserved for Central Workshop for Surat Municipal Corporation. The draft development was published by the respondent-Corporation on 28th February, 1996. After publication of the approved development plan, the petitioner submitted an application for grant of permission for development as provided under Section 27 of the Act on 22-9-1999 and the petitioner tried and tried his best to contact the officers of the Corporation, however, they had not given any reply to the ap...
Tag this Judgment!Ratanlal Gulabchand Gupta Vs. Sahara Sev Gruh Udyog Bhandar
Court: Gujarat
Decided on: Feb-20-2001
Reported in: 2001CriLJ3733; (2001)4GLR2987
S.K. Keshote, J.1. The challenge has been made by the petitioner original complainant in the Criminal Case No. 277/95 under Section 138 of The Negotiable Instruments Act, to the orders passed by the learned Metropolitan Magistrate, Court No.10, Ahmedabad and of the learned Additional City Sessions Judge, Court No.19, Ahmedabad in the matter of restoration of the case aforestated dismissed for non-prosecution. This criminal case was registered on the private complaint filed by the petitioner.2. The facts of the case are that the respondents Nos. 1 and 2 used to purchase 'Mendo' from the petitioner. The last purchase of Mendo on credit worth Rs. 1,21,687/- was made by the respondents Nos. 1 and 2 against bills of various dates. Towards the payment of the amount aforesaid, the respondent No.2 issued cheques, the details of which are given in paragraph No.3 of this Special Criminal Application. On presentation of these cheques by the petitioner with his bankers - The Kalupur Commercial Co-...
Tag this Judgment!Abbasali Taheralii Vora Vs. Trilokkumar Babubhai Bhaskar Food Inspecto ...
Court: Gujarat
Decided on: Feb-20-2001
Reported in: 2001CriLJ2459; (2001)4GLR3356
K.M. Mehta, J.1. Abbasali Taherali Vora, applicant (original accused), has filed this revision application under Section 397 of Cr.P.C. challenging the judgement and order dated 25.5.2000 passed by Judicial Magistrate First Class, Kalol, in Criminal Case No. 204 of 1989 below Exh. 101. The learned Magistrate thereby directed that the public analyst be orally examined as per Section 311 of the Criminal Procedure Code.2. The facts of this case are as under:2.1 In this case from the record it appears that on 20.7.1988 sample of black pepper was purchased from Abbasali Taherali Vora, the present applicant. The said sample was sent to laboratory somewhere in August, 1988 and after examination public analyst Baroda sent his report on 22.8.1988 which is produced at Exh. 72.2.2 From the record it appears that somewhere in March, 1989 sanction was granted to prosecute the accused and case was filed bearing Criminal Case No. 204 of 1989.2.3 In March 1989 one private complaint was filed by Trilok...
Tag this Judgment!Bipinchandra J. Divan and ors. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Feb-17-2001
Reported in: AIR2002Guj99; (2001)2GLR1394
D.M. Dharmadhikari, C.J. 1. On the morning of 26th January 2001, an earthquake of a high magnitude, more than 7 on Richter Scale, shook whole of Gujarat and more devastatingly of its entire Kutch district, leaving thousands dead, injured, crippled, orphaned and homeless. The Government was unprepared to meet such unforeseen natural calamity and still finds it difficult through its inadequate machinery to carry out the stupendous task of rescue, relief and rehabilitation of the quake victims. 2. In such calamity and adversity, the entire Nation has shown compassion and co-operation by extending help and providing relief material in kind and cash to the victims. It is a divine wrath, but turned into blessing in the sense that in facing the calamity the helping hands extended by people all over the world in the shape of help and support has united the people and brought to surface the inherent virtues and qualities of human being. There has been an exemplary display of fellowship, co-oper...
Tag this Judgment!B.A. Mewada Vs. Director, Govt. Printing and Stationery Department and ...
Court: Gujarat
Decided on: Feb-17-2001
Reported in: (2001)2GLR1570
D.P. Buch, J.1. Could the Government while exercising its powers in altering the conditions of service, upgrading the civil post to next higher class, deny the time-scale of such class or not, is the heart and theme of this group of five appeals, at the instance of employees working in the Directorate of Government Printing and Stationery Department, Government of Gujarat, in the capacity of Packers and Checkers, who have assailed the common judgment of the learned single Judge passed on 8-2-2000, in group of five writ petitions under Art. 226 of the Constitution, whereby, the writ petitions came to be allowed quashing the judgment and order of Gujarat Civil Service Tribunal in appeals.2. A few relevant and material facts giving rise to this group of five Letters Patent Appeal, at the instance of the employees may be highlighted, at this stage, so as to appreciate the merits of the appeals and the challenge against them. The entire controversy started on account of the Government Order...
Tag this Judgment!B.R. Raval Vs. District Development Officer, District Panchayat, Barod ...
Court: Gujarat
Decided on: Feb-17-2001
Reported in: (2001)3GLR2769
S.K. Keshote, J. 1. The petitioner by this petition under Article 227 of the Constitution of India challenges the judgment and order of the Gujarat Civil Services Tribunal, Gandhinagar in Appeal No. 8 of 1987 decided on 6-10-1987 whereunder the Tribunal has declined to set aside the order dated 29-11-1986 by the respondent No. 1 under which the petitioner was dismissed from the services on proof of alleged misconduct against him. 2. The facts giving rise to the present petition as stated in the Special Civil Application are that the petitioner was Talati-cum-Mantri at Savli, Taluka Vaghodia, District Baroda during the year 1973. During the period of his tenure in the office, misappropriation of Rs. 3,601/- was detected by the respondents. The respondent No. 1 on 11-10-1973 passed an order to file a criminal complaint for this misappropriation of the money of Panchayat against the petitioner. Accordingly, a Criminal Case No. 238 of 1974 was registered in the Courtof Judicial Magistrate ...
Tag this Judgment!Divisional Controller Vs. Ishakbhai A. Munshi
Court: Gujarat
Decided on: Feb-17-2001
Reported in: (2001)4GLR3523
B.C. Patel, J.1. Gujarat State Road Transport Corporation through its Divisional Controller (hereinafter referred to as the petitioner) has filed this petition challenging the award made by the Industrial Tribunal, Baroda on 27.1.1988 whereby the Tribunal interferred with the order of punishment imposed on the delinquent - respondent herein.2. In all, there were six charges against the respondent workman, which are as under:-(i). On 2.3.1979, the delinquent was onduty as a driver on Ankleshwar route. However, without leave being sanctioned or without taking prior approval of the superior officer, he remained absent.(ii). On 13.6.1979 a bus bearing number 6958 was under repair in the Workshop. The delinquent quarelled with the Mechanic and threatened with abuses.(iii). On 24.6.1979, the delinquent was asked to take delivery of vehicle No. 5254. The Head Mechanic asked him to come for delivery after the vehicle is ready. Even at that time, he quarelled with the Head Mechanic by raising f...
Tag this Judgment!State of Gujarat Vs. Rathod Manpritsinh Mahendrasinh
Court: Gujarat
Decided on: Feb-17-2001
Reported in: 2001CriLJ4052
H.H. Mehta, J.1. The State of Gujarat has by filing this writ petition under Article 227 of the Constitution of India challenged the legality and validity of a judgement Exh. 12 dated 25.9.89 rendered by the Learned Sessions Judge, Panch Mahals, Godhra (hereinafter referred to as 'the learned Appellate Judge') in Criminal Appeal NO. 10 of 1989.2. The brief facts leading to the present petition in a nutshell are as follows:-On or about 15.5.1988 at about 2:13 a.m. in the midnight, the Round Forester, Singapur, Taluka Limkheda apprehended the vehicle in question i.e. Tempo No. GRV-7003 (hereinafter referred to as the 'offending vehicle') loaded with reserved teak wood and injalli wood. On asking the driver of the offending vehicle as to whether he was possessing a transit pass or permit to remove the aforesaid wood, it was found that the driver had no such pass or permit and hence the felling of the trees was suspicious and hence the wood as well as the offending vehicle were seized unde...
Tag this Judgment!State of Gujarat and 2 Vs. R.M. Chaudhary
Court: Gujarat
Decided on: Feb-17-2001
Reported in: (2001)4GLR3370
D.P. Buch, J.1. The appellants above named have preferred this Letters Patent Appeal under clause 15 of the Letters Patent challenging the judgment and order dated 10.2.1994 recorded by the learned Single Judge in Special Civil Application No. 4597 of 1981 under which the Learned Single Judge allowed the said writ petition of the respondent herein and quashed and set-aside the Orders at annexure 'A', 'B' and 'C' to the petition, which related to removal of the respondent from Government Service. The learned Single Judge also directed to reinstate the respondent in service with 50% back wages. The facts of the case may be, briefly stated, as follows :-2. The respondent was working as P.S.I. in the State Traffic Branch, Surat, in the year 1973. According to the case of the department, the respondent remained absent from duty on 16.3.1973, and 17.3.1973 without obtaining any permission from competent authority. It was further alleged against him that he made a wrong statement to the Dy. S...
Tag this Judgment!P.P. Dave and ors. Vs. State of Gujarat
Court: Gujarat
Decided on: Feb-16-2001
Reported in: 2001CriLJ3458; (2002)1GLR342
S. K. Keshote, J.1. The petitioners are the registered owner of the seized Omnibuses, details of which are given in the list at Annexure - A to this petition. Three out of nine, vehicles were seized by the Transport Officer on 1st August, 1999, 3rd November, 1999 and 6th November, respectively. The checking memos were given in which, it is alleged that the offence of misuse of the permit that is a contract carriage permit used as a Stage Carriage permit is committed. The Transport Officer recovered Rs. 1000/- for each case from the owners and Rs. 1000/- for each case from the drivers as composition fees. It is stated that recovery of composition fees is against wish and will of the driver with a threat to seize the vehicles if the same is not paid. In the petition, the petitioners pray for writ in the nature of prohibition or any other direction or order not to seize the vehicles of the petitioners under Section 207 of the Motor Vehicles Act, 1988.2. The learned Counsel for the petitio...
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