Gujarat Court August 2002 Judgments
Anish Rameshbhai Patel and anr. Vs. Abbasbhai Mahmadali Vania and anr.
Court: Gujarat
Decided on: Aug-20-2002
Reported in: (2003)1GLR474
K.M. Mehta, J.1. Anish Rameshbhai Patel and Smt. Mitaben Rameshbhai Patel-appellants (original obstructors) defendants in suit have filed this Second Appeal under Section 100 of the Code of Civil Procedure against the judgment and decree dated 30th October, 1991, passed by learned Extra Assistant Judge, Jamnagar, in Regular Civil Appeal No. 70 of 1991. The learned Judge by his impugned judgment and decree was pleased to dismiss the appeal and confirmed the order dated 23rd September, 1991, passed by the learned 2nd Jt. Civil Judge (S.D.), Jamnagar, in Regular Darkhast No. 123 of 1984 order passed below Exhs. 84, 87 and Ex. 94. The learned trial Judge by his impugned judgment pleased to reject Exhs. 84, 87 & 94 filed by the objector Rameshchandra Manji as well as the wife and children of the applicants in this behalf. The learned trial Judge further held that the execution proceedings be proceeded from the stage at which these applications were filed.2. The relevant facts giving rise to...
Tag this Judgment!Mafatbhai V. Shah Vs. Secretary, Government of India
Court: Gujarat
Decided on: Aug-20-2002
Reported in: [2003]41SCL116(Guj)
D.S. Sinha, C.J.1. Heard Mr. Mafatbhai V. Shah, the petitioner appearing in person and Mr. S.N. Shelat, learned Advocate General appearing for the respondents, at length and in detail. 2. The petitioner, a retired Official Liquidator, by means of instant petition under Articles 226 and 227 of the Constitution of India, founded on half-baked information, and which is, in the opinion of the Court, a classic instance of the grossest abuse of public interest litigation jurisdiction of the Court, prays for the following reliefs :-- '(a) The Hon'ble Court may direct respondent No. 3 to file statement of accounts in prescribed Form No. 48 with regards to all companies in liquidation with register of companies by 31-12-2001. (b) The Hon'ble Court may direct respondent No.3 to invite investigate and settle list of creditors and file the same in this Hon'ble Court and file the list of debts and claims along with the proofs of debts by 31-12-2001. (c) The Hon'ble Court may directs the responden...
Tag this Judgment!Heirs Kantilal Purshottamdas Patel Vs. Dahiben Jagdish Rathod
Court: Gujarat
Decided on: Aug-20-2002
Reported in: AIR2003Guj82
Ravi R. Tripathi, J. 1. This Second Appeal arises from the judgment and decree dated 19-7-1980 passed by the learned Assistant Judge, Valsad at Navsari in Regular Civil Appeal No. 9 of 1978 whereby the learned Assistant Judge was pleased to allow the appeal and set aside the judgment and decree passed by the learned Joint Civil Judge (Junior Division), Navsari dated 30-12-1977 in Regular Civil Suit No, 3 of 1976. The facts of the case are that the plaintiff had filed the suit for the following reliefs : 'For declaration that the sale deed dated 29-10-1971 (Exh. 22), executed by the deceased Jagdishbhai Lallubhai Rathod, the husband of the plaintiff Dahiben and father of four minor children on whose behalf the plaintiff-Dahiben had pursued the remedy in favour of the defendants, was in respect of the ancestral property of Undivided HinduFamily (HUF) and that the same was sold without any necessity and was not for the benefit of the estate and, therefore, not binding to the minors. It wa...
Tag this Judgment!Ysufbhai Noormohmad Mukhi Vs. District Magistrate and ors.
Court: Gujarat
Decided on: Aug-20-2002
Reported in: 2003CriLJ521; (2003)1GLR406
P.B. Majmudar, J.1. The petitioner is running a restaurant, in the name and style of 'Pleasant Hotel', which is situated at village Markarba, Taluka, City Ahmedabad. The said premises is situated in Survey No. 42 of the aforesaid village. The petitioner has taken the aforesaid premises on rent from his original landlord, i.e., respondent No. 3 herein. The petitioner had taken the aforesaid premises on rent for the purpose of running a restaurant. The petitioner, after taking the premises on rent from the aforesaid purpose, applied for necessary licence and for that purpose, application was submitted to the Sub-Divisional Magistrate, Taluka, City Ahmedabad, and the Sub-Divisional Magistrate, Ahmedabad, granted licence to the petitioner for running the said restaurant, by his order dated 27-4-1979. The said licence was given to the petitioner under the provisions of Section 33(1)(w) of the Bombay Police Act, 1951. The said licence, was thereafter, renewed from time to time. Thereafter, i...
Tag this Judgment!United Commercial Bank and anr. Vs. Gujarat Bank Workers Union and anr ...
Court: Gujarat
Decided on: Aug-20-2002
Reported in: (2003)ILLJ1046Guj
Ravi R. Tripathi, J.1. The present Second Appeal arises from the judgment and order dated November 10, 1981 passed by the learned Joint District Judge, Rajkot in Civil Appeal Nos. 56 of 1980 and 78 of 1981 whereby both these appeals were dismissed with costs.2. The Civil Appeal No. 56 of 1980 was filed by Gujarat Bank Workers Union while Civil Appeal No. 78 of 1981 was filed by the United Commercial Bank. These two appeals arose out of one and same judgment dated December 31, 1979 passed by the Authority under the Payment of Wages Act, Rajkot District, in P.W. Application No. 14 of 1978, whereby the United Commercial Bank, having its head office at Calcutta and its branch office at Rajkot, is directed to pay to the employees the sum mentioned in the order.3. The facts leading to the present Second Appeal are as under:Twenty-three employees, who are represented through the respondent No. 1-Union, abstained from work between 10.45 a.m. to 2.45 p.m. on December 29, 1977 in protest against...
Tag this Judgment!Naranbhai R. Patel Vs. O.L. of Gujarat State Textile Corporation Ltd.
Court: Gujarat
Decided on: Aug-19-2002
Reported in: [2003]114CompCas642(Guj)
B.J. Shethna, J. 1. The applicant Shri Naranbhai R, Patel who is Advocate for Gujarat State Textile Corporation Ltd. company which has gone into liquidation has taken out Judges Summons by way of this application and prayed that the respondents be directed to pay an amount of Rs. 1,93,425 being the balance amount of bills of the applicant towards the professional fees with 12 per cent interest p.a.2. On 17-7-2002, the Learned Single Judge of this Court (A.R. Dave, J.) issued notice to the respondents making it returnable on 6-8-2002. Official Liquidator waived service on 6-8-2002. Thereafter, the matter was adjourned to 19-8-2002 i.e. today.3. Today, the respondent No. 1 - Official Liquidator stated at the Bar that the Officer on Special Duty from GIDC for the Gujarat State Textile Corporation-respondent No. 2 has not remained present as he wanted to present his case through counsel Shri Roshan Desai. In absence of any power being filed on behalf of the respondent No. 2, it is not nece...
Tag this Judgment!Jansukhlal Chhaganlal Nagori Vs. Regional Manager, Union Bank of India
Court: Gujarat
Decided on: Aug-19-2002
Reported in: (2003)1GLR614; (2003)IILLJ451Guj
Akshay H. Mehta, J.1. This petition has been filed by a former employee of the respondent-Bank. At the relevant time, the petitioner was working as Branch Manager at Dewa Branch. The petitioner was placed under suspension with effect from 6th November, 1984 on the ground that he had committed certain acts of misconduct for which investigation and departmental inquiry were then in contemplation. Thereafter, the petitioner was served with an order of dismissal dated 13th November, 1987. For challenging the said order, the petitioner approached this Court by filing Special Civil Application No. 3052 of 1988, which was dismissed by the learned single Judge of this Court by judgment dated 22nd June, 1988. Against the judgment dismissing the petition, the petitioner preferred Letters Patent Appeal before the Division Bench of this Court which was also dismissed and the order terminating the service of the petition has become final as no further proceedings were preferred by him for that purp...
Tag this Judgment!Arun Co-op. Housing Society Ltd. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Aug-19-2002
Reported in: AIR2003Guj253; (2002)4GLR2882
ORDERJayant Patel, J.1.In all these matters, common questions are involved and, therefore, they are being dealt with together by this common judgment.2. The petitioners are the Co-op. Housing Societies duly registered under the provisions of Gujarat Co-operative Societies Act (hereinafter referred to as 'the Act'). When the petitioner-societies were registered, the bye-laws were framed by the concerned petitioner-society which, inter alia, provided for the purpose of payment of transfer fees as and when the house constructed over the plot which was allotted by the society is sold by the allottee member to the new coming member. There were different bye-laws in respect of different petitioner-society providing separate quantum of transfer fee which shall be referred to hereinafter.3. However, on 11-1-1988, the Additional Registrar, Co-operative Societies, Gujarat State issued a circular to all the District Registrars, Co-operative Societies, Asst, Dist. Registrars etc. intimating that t...
Tag this Judgment!Mamji Abdulmeman Mohammed Yusuf Vs. Director, Indian System of Medicin ...
Court: Gujarat
Decided on: Aug-19-2002
Reported in: (2003)4GLR3246
P.B. Majmudar, J.1. The petitioner had applied for admission to a Homeopathic course and for that purpose he gave necessary application for enrolling him to the aforesaid Homeopathic course. The petitioner had initially applied for admission under the reserved category of O.B.C. The petitioner was placed at Serial No. 186 in the O.B.C. merit list prepared by the Department. At the time of procedure for admission, the petitioner was asked to produce creamy layer certificate for getting admission in the reserved seat meant for O.B.C. For production of such certificate the petitioner was also given time, but unfortunately, he could not produce the said certificate in time. Thereafter, the petitioner was admitted to the aforesaid course in the high payment seat quota and he stood at general merit Serial No. 1162 and ultimately he was admitted to the said course at V.H. Dave Homeopathic Medical College, Anand. Accordingly, the petitioner started his education in view of the admission which ...
Tag this Judgment!Chhaganlal Kanjibhai and ors. Vs. Harsukhbhai Kanjibhai Harnesha
Court: Gujarat
Decided on: Aug-16-2002
Reported in: AIR2003Guj60
Ravi R. Tripathi, J.1. The present First Appeal is filed by the heirs of the deceased Chhaganlal Kanjibhai, two of whom are his sons arid the third one is his minor daughter. The First Appeal is filed being aggrieved of the judgment and preliminary decree dated 3rd April. 1999 passed by the learned 7th Joint Civil Judge (S.D.) in Regular CivilSuit. No. 6 of 1997. It is declared by the judgment that the plaintiffs have their undivided 1/2 share in five immovable properties and two moveable properties, mentioned in the preliminary decree, of Joint Hindu Family of deceased Chhaganlal Kanjibhai Harnesha (father) and Kanjibhai Mavjibhai Harnesha (grandfather) and they are entitled to division and partition of the undivided share and have occupation, possession and ownership thereof.2. The plaint was accompanied by a schedule of properties in which self acquired properties of the father of the plaintiffs were also included. Though it was mentioned in the schedule that particular properties w...
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