Gujarat Court April 2001 Judgments
Arvindbhai N. Leuva Vs. Amreli Nagarpalika
Court: Gujarat
Decided on: Apr-04-2001
Reported in: (2001)2GLR1450
Y.B. Bhatt, J. 1. The petitioners herein challenge the demand raised by the Municipality arising from grant of occupancy rights in respect of certain shops to the petitioners by way of public auction, the demand having arisen from the terms and conditions of the auction.2. Certain facts are not in dispute and/or indisputable.3. The respondent-Municipality had constructed a shopping centre which was in the form of a number of shops. The Municipality had issued a public notice for auctioning the said shops. The petitioners participated in the said auction and the respective petitioners were successful bidders at the auction in respect of Shop No. 36, Shop No. 4, Shop No. 34 and Shop No. 8 respectively. The petitioners, as successful bidders in respect of particularly these four shops, were required to pay occupancy price as demanded by the Municipality. Possession was handed over in respect of the relevant shops to each of the petitioners. The petitioners, are thereafter, occupying the r...
Tag this Judgment!Ramchandra Art Silk Yarn Vs. Union of India and ors.
Court: Gujarat
Decided on: Apr-04-2001
Reported in: 2001(77)ECC207; 2002(139)ELT540(Guj); (2001)3GLR2395
D.M. Dharmadhikari, C.J. 1. In these Writ Petitions, a common challenge is made to the constitutional validity of Section 151A of the Customs Act, 1962 (for short 'the Act') and three Circulars described as Standing Orders issued thereunder by the Chief Commissioner of Customs, Mumbai, directing the method to be followed for valuation of plastic items, non-ferrous metal scrap, polyester chips, P.O.Y., P.F.Y., P.S.F., acrylic fibre, viscose staple fibre and silk, for the purpose of assessment of customs duty.2. Special Civil Application Nos. 13383, 13384 both of 2000 and Special Civil Application Nos. 149, 151, 234 all of 2001 are concerning valuation of Customs Duty on plastic items. Special Civil Application Nos. 13385, 13386 both of 2000 and Special Civil Application Nos. 98 and 1189 both of 2001 are in relation to assessment of value of non-ferrous metal scrap and Special Civil Application No. 12687 of 2000 is concerning polyester chips, P.O.Y., P.F.Y., P.S.F., acrylic fibre etc. A ...
Tag this Judgment!Maulana Kureshi Gulam Mustafa Vs. Union of India (Uoi) and ors.
Court: Gujarat
Decided on: Apr-04-2001
Reported in: AIR2002Guj252
D.M. Dharmadhikari, C.J.1. The petitioner is a Mutawalli of Kasaiwada Masjid Trust, Bharuch. In the State of Gujarat. By this petition, he has challenged the provisions of the Wakf Act, 1995 Act 43/94) which received the assent of the President on 22-11-1995 and it came into force in the State of Gujarat with effect from 2-12-1996.2. The main ground of challenge to the provisions of Sections 13, 14, 32(a), 38, 61, 72 and 104 of the Act is that in the Constitution of the Wakf Board believers of Muslim faith have been divided into two broad categories 'Sunnies' and 'Shias' in their respective Wakf. The provisions of the Act have failed to recognise the fundamental differences between distinct and predominant sect of Muslims popularly known as 'Sufi Silsilas'. In this sect of Sufies are included AHLE SUNNAT -- alias SUNNI, SUFIS, DARGAHIS, BARELV1 alias KADRI, CHISTI, SOHARVARDI, NAKSHABANDI, RIFAIYA, MADAR1A. NIZAMI, SABRI, RAZVI, ASHRAFI, WARSI, etc. In the petition, this sect of Sufies...
Tag this Judgment!Bavaji Mohanbhai Karsanbharti Vs. Maliya-hatina Gram Panchayat and anr ...
Court: Gujarat
Decided on: Apr-03-2001
Reported in: (2002)1GLR524
S.K. Keshote, J.1. By this petition under Article 226 of the Constitution of India, the petitioner an employee of the respondent-Maliya-Hatina Gram Panchayat, is praying for direction to the respondents to grant the petitioner pay-scale as prescribed by the Pay Commissions which is already made available to the Panchayat employees of the various Panchayats and State Government employees on regular establishment with arrears for the Class-IV post with increments.2. The facts of the case are that the petitioner was initially appointed as Gardener temporarily on probation and on daily wage basis in the year 1977. It is to state here that the petitioner has not produced the copy of his appointment order. It is submitted that he was giving fixed monthly pay of Rs. 200/- and this employment of the petitioner came to be made permanent on and from 7/8-3-1979. It is to be mentioned here that the petitioner also not produced any resolution of the Gram Panchayat under which he was given the fixed...
Tag this Judgment!Bhavnagar Municipal Corporation Vs. Babubhai P. Patel
Court: Gujarat
Decided on: Apr-03-2001
Reported in: (2001)2GLR1500
Y.B. Bhatt, J. 1. This is a petition filed by Bhavnagar Municipal Corporation challenging the order of the Assistant Judge, District-Bhavnagar in an appeal under Section 9 of The Gujarat Public Premises (Eviction of Unauthorised Occupants) Act, 1972. The short facts leading to the present petition are as under. The respondents herein had applied for a lease in the year 1965 in respect of land bearing Survey No. 445 admeasuring 99 acres and 5 gunthas of Vadva (Moti Talav) Bhavnagar for the establishment of magnesium industries. The State Government, assuming that the land vested in the State, granted the lease for 20 years. However, even on that day when the lease was granted, there was a controversy between the State and the petitioner-Municipal Corporation as to the title to the said land. For that reason, the respondent lessees gave written undertaking to the petitioner-Corporation on 7th December, 1964 to the effect that if the land is ultimately held to be of the Municipal Corporat...
Tag this Judgment!State of Gujarat Vs. Maniben W/O Gandu Jadav
Court: Gujarat
Decided on: Apr-03-2001
Reported in: (2001)2GLR1749
J.M. Panchal, J. 1. In this appeal, which is filed under Section 378 of the Code of Criminal Procedure, 1973. The State of Gujarat, claims that respondent should not have been convicted of lesser offence punishable under Part-II of Section 304 of the Indian Penal Code, but should have been convicted under Section 302 of the Indian Penal Code for committing murder of her daughter-in-law. 2. Deceased Santokben was married to Parshottambhai Patel of village Jamvadi, Taluka Gondal, District Rajkot. During the subsistence of the marriageshe had given birth to three children who were all girls. The respondent who is the mother-in-law of Santokben was dissatisfied with Santokben because she was not able to bear a boy. According to the prosecution the incident took place in the morning of November 29, 1984. On that day at about 7-00 a.m. in the morning the deceased with her youngest daughter Minaxi had gone to fetch water. After fetching water she was coming back with water-pot on her head and...
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