Gujarat Court March 2003 Judgments
Usman Karim Chudesara Vs. State of Gujarat
Court: Gujarat
Decided on: Mar-07-2003
Reported in: (2003)4GLR349
K.A. Puj, J. 1. The petitioner, in this petition made prayer for the same scale of pay as was given to a carpenter working in Ahmedabad Litho Press of Rs.130 - 240 instead of Rs.125 - 200 with effect from 01.06.1967 and Rs.350 - 560 from 01.01.1973 and Rs.1200 - 2040 from 01.01.1986.2. The facts giving rise to the present petition are that the petitioner was appointed as carpenter by Office Order dtd.14.06.1962 in the pay scale of Rs.55-3-85 with usual allowances. The said pay scale was revised to Rs.125 - 200 with effect from 01.06.1967 as per the recommendations of Sarela Pay Commission. The petitioner has further submitted that Government Litho Press was started at Ahmedabad wherein a post of a carpenter was created and the carpenter at Ahmedabad was given the pay scale of Rs.130 - 240 i.e. more than what was fixed for the post of carpenter at Rajkot. The petitioner has further submitted that as per the recommendation of the Desai Pay Commission under the Pay Revision Rules of 1975,...
Tag this Judgment!P.J. Patel Vs. State of Gujarat
Court: Gujarat
Decided on: Mar-06-2003
Reported in: (2003)2GLR1308
Jayant Patel, J. 1. Upon the note for fixing early date of hearing, with the consent of the parties, the matter is taken up for final hearing.2. The short facts of the case are that the petitioners were promoted to the post of Assistant Secretaries to the Hon'ble the Chief Justice of this Court from the post of Private Secretaries to the Hon'ble Judges. At the relevant point of time, for the post of Private Secretaries, the pay-scale was Rs. 2000-3500. So far as the Assistant Secretaries are concerned, the pay-scale was Rs. 2500-4200. The pay-scale of the Private Secretaries to the Hon'ble Judges was thereafter upgraded and they were placed in the pay-scale of Rs. 3000-4500. Since the post of Assistant Secretaries to the Hon'ble Chief Justice was higher and rather a promotional avenue from the post of Private Secretaries to the Hon'ble Judges, there should have been a revision in the pay-scale of Assistant Secretaries to the Hon'ble Chief Justice also, but there was no revision and the...
Tag this Judgment!Sajanbhai Samatbhai Bharwad Vs. State of Gujarat
Court: Gujarat
Decided on: Mar-06-2003
Reported in: 2003CriLJ4747; (2003)4GLR449
P.B. Majmudar, J.1. By filing this petition, the petitioner-detenu has challenged his detention order dated 27.11.2002. By the impugned order, the petitioner-detenu is detained in exercise of the powers under section 3(2) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (hereinafter referred to as 'the PBM' for short), as, it is found by the authority that he is indulged in black marketing.2. Along with the detention order, the detenu was also served with the grounds of detention. In the grounds of detention, it is stated that the petitioner is keeping illegally 'Naptha' in his agricultural land and on further scrutiny, certain barrels of Naptha were found from the land of the petitioner. The said quantity of Naptha was brought in two motor tankers at his agriculture land. The department, after making necessary inquiry, seized the material and recorded the statements of the petitioner on the very day, i.e. on 25.9.2002. It is submitted...
Tag this Judgment!Vimal Co-op. Housing Society Ltd. Vs. Rajendrakumar Shankerbhai Bhagiy ...
Court: Gujarat
Decided on: Mar-05-2003
Reported in: (2003)2GLR1066
J.R. Vora, J. 1. This Revision Application is preferred against an order passed by learned Civil Judge (S.D.), Baroda, on 11-2-2003 below Application Exh. 33 in Regular Civil Suit No. 74 of 2003. 2. History of litigation reveals that present opponent No. 1 Rajendrakumar Shankerbhai Bhagiya filed a Regular Civil Suit No. 74 of 2003 against (i) present petitioner - Vimal Cooperative Housing Society Ltd., (ii) Vadodara Municipal Corporation, (iii) City Survey Superintendent, (iv) Talati-cum-Mantri, (v) Mamlatdar, and (vi) Shri Ratilal C. Shah. Plaintiff Rajendrakumar Shankerbhai Bhagiya filed the above said suit stating that he became member of Vimal Cooperative Housing Society Limited in 1980 and was allotted a plot of land admeasuring 10,000 sq. feet. There was some construction in the said plot. In 1986-87, the, plaintiff intended to erect a construction in the said plot of land which was numbered as Plot Nos. 71-72 at the relevant time and he was granted permission by concerned compet...
Tag this Judgment!Rajendrasinh Bahadursinh Zala Vs. State of Gujarat
Court: Gujarat
Decided on: Mar-05-2003
Reported in: 2003CriLJ3222
B.J. Shethna, J. 1. The appellant-accused has filed this appeal through jail and challenged the impugned judgment and order of conviction and sentence dated 23.12.1997 passed by the learned Additional Sessions Judge, Court No. 10, Ahmedabad in Sessions Case No. 38 of 1997 whereby the learned Judge convicted the appellant-accused for the offence under Section 302 IPC for committing murder of Narendrasinh and sentenced him to suffer life imprisonment and to pay a fine of Rs. 500/- in default to further undergo RI for one month. The learned Judge also convicted the appellant-accused for the offence under Section 324 IPC and sentenced him to suffer one year RI and to pay a fine of Rs. 250/- in default to further undergo 15 days RI. Both the sentences are ordered to run concurrently.2. As per the prosecution case, on 19.9.1996, at about 11 P.M., the complainant and deceased-Narendrasinh were going towards their home on separate bi-cycles. At that time, the accused was waiting for them near ...
Tag this Judgment!Kantilal M. Kadia Vs. Somabhai Dahyabhai Kadia
Court: Gujarat
Decided on: Mar-04-2003
Reported in: AIR2003Guj205; (2003)1GLR817
M.S. Shah, J. 1. The following question has been referred to the Full Bench for opinion :-'Whether on the facts and in circumstances of the case Exh. 65 which is described as a document of mortgage by conditional sale with a right to repurchase on expiry of the period of five years on repayment of the amount, can be said to be a document of outright sale or would it remain to be a document of mortgage by conditional sale as there is no separate document as stipulated by the proviso to Section 58(c) of the Transfer of Property Act.'2. The learned single Judge before whom the Second Appeal was placed for hearing has observed in his order of reference that the question about applicability of the provisions of Section 58(c) read with proviso thereto was already concluded by the decision of the Apex Court in K. Simrathmull v. Nanjalingiah Gowder, AIR 1963 SC 1182; however, the said decision of the three learned Judges of the Supreme Court was not brought to the notice of the Bench of two le...
Tag this Judgment!Gopalbhai Mahijibhai Thakore Vs. State of Gujarat
Court: Gujarat
Decided on: Mar-04-2003
Reported in: (2003)2GLR1550
B.J. Shethna, J.1. This appeal is directed against impugned judgment and order of conviction and sentence dated 28-5-1998 passed by the learned 3rd Joint Addl. Sessions Judge, Kheda, Nadiad in Sessions Case No. 235 of 1997 whereby the learned Judge convicted the appellant-accused for the offence under Section 302 read with Section 34 I.P.C. and sentenced him to suffer life imprisonment and to pay fine of Rs. 500/- in default to further undergo S.I. for one month.Case of the Prosecution in brief :-On 9-6-1997 the First Informant lodged a First Information Report at Virsad Police Station inter alia stating that on 8-6-1997 at about 9-30 in the night the deceased who was serving as a driver at the place of the first informant and the brother of the first informant by name Pradeep had gone to village Virsad for the purpose of filling up diesel in the tractor at a Petrol Pump near Dharmaj Chokdi. The tractor was thereafter taken at the place of one Raman Panchal for the purpose of welding a...
Tag this Judgment!Mushtaq Ahmed Hasanbhai Mansuri Vs. V.C. Trivedi and anr.
Court: Gujarat
Decided on: Mar-04-2003
Reported in: AIR2003Guj214; (2003)1GLR745
J.M. Panchal, J.1. In instant reference made at the instance of the learned single Judge, two questions arise for consideration of the Larger Bench, namely, (1) whether the words 'or of any disgraceful conduct' occurring in Section 37(1) of the Gujarat Municipalities Act, 1963 ('the Act' for short), are referable to misconduct committed by a Councillor or President or Vice-President, with the words 'in the discharge of his duties', and (2) whether a Councillor, even if elected as a Member of a Committee, should be treated as a Councillor alone for the purposes of Section 37 of the Act as Section 37 of the Act does not recognise a Chairman or a Member of any committee as a separate class.2. In order to answer the above-referred to issues, it would be necessary to notice the relevant facts in brief.2.1 In the year 1999, the petitioner was elected as a Municipal Councillor of Dabhoi Municipality, which is impleaded as respondent No. 2 in the petition. He was also appointed as a Member of ...
Tag this Judgment!Nasik Hing Supplying Company Vs. Annapurna Gruh Udyog Bhandar
Court: Gujarat
Decided on: Mar-04-2003
Reported in: AIR2003Guj275; (2003)2GLR926; (2003)2PLR926; [2003]46SCL118(Guj)
M.S. Shah, J.1. Both these appeals have been placed before this Full Bench in view of the order dated 19-6-2002 of a Division Bench of this Court referring the appeals for consideration and decision before the Larger Bench in view of the wide impact of the questions about interpretation of Section 100A of the Code of Civil Procedure and about maintainability of appeal under Sub-section (5) of Section 109 of the Trade and Merchandise Marks Act, 1958 (hereinafter referred to as 'the Act' or 'the T.M. Act') against the decision made by a learned single Judge of this Court under Sub-sections (2) and (4) of Section 109 of the Act.2. O. J. Appeal No. 53 of 1998 is filed against the judgment and order dated 22-6-1998 rendered by a learned single Judge of this Court in an appeal under Section 109(2) & (4) of the Act by which the learned single Judge allowed the appeal and set aside the order dated 22-12-1995 granting the review application filed by Nasik Hing Supplying Co. (the appellant befor...
Tag this Judgment!Ramanbhai B. Patel and ors. Vs. State of Gujarat
Court: Gujarat
Decided on: Mar-04-2003
Reported in: (2003)2GLR1522
J.M. Panchal, J.1. By filing instant appeal under Clause 15 of the Letters Patent, the five appellants claim that the order and judgment dated December 30, 1999 passed by the learned single Judge in Special Civil Application No. 1939 of 1988 remanding the matter to the Gujarat Revenue Tribunal for deciding two questions, namely, whether the word 'person' as defined in Gujarat Agricultural Lands Ceiling Act, 1960 ('the Ceiling Act' for short) includes 'association of persons', and whether in absence of an application under Section 8 of the Ceiling Act, the appellants are entitled to different units, as well as the decision dated February 23, 2000 rendered by the learned single Judge in Misc. Civil Application No. 208 of 2000 rejecting the prayer made by the appellants to review the judgment delivered in Special Civil Application No. 1939 of 1988, being illegal should be set aside.2. The relevant facts may be noticed in brief.2.1 On September 15, 1969 an agreement was entered into betwee...
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