Gujarat Court July 2003 Judgments
Kiritkumar Chimanlal Shelat Vs. Sharadkumar Fulabhai Patel
Court: Gujarat
Decided on: Jul-25-2003
Reported in: (2004)1GLR292
K.A. Puj, J.1. The petitioner has filed this petition under Article 226 of the Constitution of India challenging the legality and validity of the order dtd. 29.11.2002 passed by the Learned Joint Charity Commissioner, Gujarat State, Ahmedabad in Misc. Judicial Application No. 05/2002, which was renumbered as Misc. Judicial Application No. 13/2002, on transfer of the proceedings from Baroda to Ahmedabad. The petitioner has challenged the said order on the ground that the Learned Joint Charity Commissioner has no jurisdiction or authority to hear and pass the impugned order in as much as the proceedings which were initiated by the respondent No.1 and are subject matter of transfer in this petition, have originally been instituted before the Joint Charity Commissioner, Baroda, which subsequently came to be transferred to the Charity Commissioner, Ahmedabad and the Charity Commissioner has, though there is no provision under the provisions of Bombay Public Trust Act, 1950 (hereinafter refe...
Tag this Judgment!Valimohmad Pirmohd Shaikh Vs. State of Gujarat
Court: Gujarat
Decided on: Jul-24-2003
Reported in: (2003)3GLR2742
D.A. Mehta, J. 1. This petition has been preferred challenging the action of the respondent - State authorities in directing cancellation of Entry Nos.971, 972, 973 and 974 dated 14-05-1982.1.1. In Special Civil Application Nos.9037/1992, 9038/1992, 9039/1992 and 9040/1992 the petitioner has challenged the action of the revenue authority of cancelling the auction sale. 2. It is common ground between the parties that the parties are the same in all the five petitions and the facts stated in Special Civil Application No.769 of 1989 shall govern the other petitions also. Hence, all the petitions are taken for hearing and disposal together. 3. The petitioner is the Chief Organizer / Promoter of one Paramount Industrial Co-operative Society Limited. The case of the petitioner is that the petitioner purchased the lands bearing Survey Nos.113-Part, 106, 111, 105/1 situated at Moje Bhestan, Taluka Choryasi, District Surat. It is stated that the lands were purchased in auction held on 29-05-198...
Tag this Judgment!Joshi Tushar Tansukhbhai and ors. Vs. State of Gujarat
Court: Gujarat
Decided on: Jul-23-2003
Reported in: (2003)3GLR2424
P. B. Majmudar, J.1. On the ground of disparity in the pay-scale, the petitioners who are serving as Shikshan Sahayak/Vahivati Sahayak/Sathi Sahayak in secondary/higher secondary schools have approached this Court by way of this petition.2. The petitioners herein are serving in various Secondary Schools/Higher Secondary Schools as Shikshan Sahayak/Vahivati Sahayak/Sathi Sahayak, and by filing this petition, they are claiming parity, in the matter of pay-scales with other employees, who, according to them, are similarly situated. Demand for 'Equal Pay for Equal Work' is also pressed into service by the present petitioners on the ground that the petitioners are discharging the same functions and same duties at par with other secondary school employees, in the State, like assistant teacher, administration employee and peon.The principal grievance of the petitioners is that since the petitioners have been recruited after following the procedure prescribed under the Gujarat Secondary Educat...
Tag this Judgment!Riya @ Lata W/O Mahesh Israni Vs. Mahesh S/O Sugnomal Israni
Court: Gujarat
Decided on: Jul-23-2003
Reported in: I(2005)DMC258
K.M. Mehta, J.1. Smt. Riya @ Lata wife of Mahesh Israni, applicant original opponent has filed this Misc. Civil Application praying for transfer of the Hindu Marriage Petition No. 139 of 2001 filed by the opponent - husband Shri Mahesh Sugnomal Israni in the Family Court at Ahmedabad to the Court of Civil Judge (S.D.), Gandhidham and be tried along with Hindu Marriage Petition No. 4 of 2001 filed by the applicant.2. The facts giving rise to this application are as under:2.1 Smt. Riya - applicant is married to the opponent Shri Mahesh S. Israni and the said marriage was solemnised on 13.3.97 as per the Hindu Customs and rites. The applicant and the opponent thereafter were residing together in the house of opponent at Ahmedabad consisting of father, mother, brother and sister of the opponent. It appears that thereafter difference and dispute arose between the parties and it is a case of the applicant that she was being ill-treated and abused by the family members of the opponent and ult...
Tag this Judgment!Amruta Vijay Vora Vs. Union of India (Uoi)
Court: Gujarat
Decided on: Jul-23-2003
Reported in: AIR2004Guj51; (2003)3GLR2625
Jayant Patel, J. 1. Mr. N.J. Shah for Mr. D.N. Patel waives service of rule on behalf of respondent-passport authorities. Respondent No.2-Ashokkumar Narsibhai Solanki who is appearing party in person has no objection if the matter is taken up for ordering issuance of passport as per the adoption deed in respect of the petitioner-Amruta Vijay Vora, and therefore, the matter is taken up for final hearing today with the consent of all parties.2. The short facts of the case are that the petitioner is the daughter borne out of the marriage of Alkaben Chunilal Bhokiya with Ashokumar Narsibhai Solanki-the respondent No. 2 herein. The marriage of aforesaid Ashokkumar and Alkaben had taken place on 16.5.1989 and thereafter the petitioner was borne on 13.5.1991. It appears that because of differences between Alkaben and Ashokbhai Hindu Marriage Petition No.51/94 was filed in the court of District Judge, Junagadh for consent divorce. On 10.10.1994 the divorce deed was also executed between afores...
Tag this Judgment!Haresh K. Borisagar Vs. State of Gujarat
Court: Gujarat
Decided on: Jul-23-2003
Reported in: (2003)4GLR493
ORDERH.K. Rathod, J.1. Recently, the Hon'ble Apex Court has made important observations and raised important questions relating to Article 21 of the Constitution of India in case of Kapila Hingorani v. State of Bihar reported in 2003 Indian Law Decisions, Vol. 6 Part I page 19, which are reproduced as under:'It is also well settled that the interpretation of the Constitution or the Statutes is changed from time to time. Being a living organ, it is all going and with the passage of time, they must change. New rights may have to be found out within the constitutional scheme. Horisons of constitutional law are expanding.'Whether in a case of this nature, the Court would take a sheer legalistic approach in holding that the corporate veil would not be lifted although its conscious stand satisfied that there has been violations of citizens' right to life and liberty as adumbrated under Article 21 of the Constitution of India ?'Term 'life' used in Article 21 of the Constitution of India has a...
Tag this Judgment!Babra Kelavani Mandal Trust Through Trustee and anr. Vs. Madhurikhben ...
Court: Gujarat
Decided on: Jul-22-2003
Reported in: (2003)3GLR2166
H.K. Rathod, J.1. Heard learned Advocate Mr. P. J. Kanabar with learned Advocate Mr. Y.J. Jasani on behalf of the petitioner and learned Advocate Mr. J.D. Ajmera appearing for respondent Nos. 1 to 4 on caveat.In the present petition, the petitioner has challenged the order passed by the Gujarat Secondary Education Tribunal at Ahmedabad in Application No. 77 of 2000 dated 16th April, 2003, wherein the Tribunal has come to the conclusion that the order dated 5th February, 2000, which has been passed by the Principal of the School which adverse to the respondents, is contrary to the principles of natural justice, meaning thereby, this order has been passed by the Principal without giving or affording any opportunity of hearing to the respondents. Therefore, short question examined by the Tribunal and come to the conclusion that it is well settled position of law that even any administrative orders are also required to be passed in consonance with the principles of natural justice. When th...
Tag this Judgment!Kapilbhai Tansukhlal Sameja and ors. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jul-22-2003
Reported in: (2003)3GLR2302
D.A. Mehta, J.1. This is a petition stated to have been filed under Article 226 of the Constitution of India. By this petition, the petitioners seek to challenge the order dated 24-8-2001 (Annexure-U) passed by the Collector, Rajkot and order dated 15-9-2001 (Annexure-V) passed by the State Government granting the disputed lands (stated to be of the petitioners) in favour of respondent No. 5-Hansadevi Ghanshyamsing Jadeja.2. It appears that the father of the petitioners purchased land bearing Survey No. 109 admeasuring 6 Acres and 9 Gunthas and land bearing Survey No. 139 admeasuring 9 Acres and 23 Gunthas situated at village Mota Mava, Taluka Dist. Rajkot. The father of the petitioners was running a sole proprietorship business in the name and style of Mahalaxmi Trading Company since 1959. The said Mahalaxmi Trading Company incurred huge losses and by 1968-69, it had run up large dues towards sales tax. Ultimately, the said concern was closed down. It appears that in 1971-72, the fath...
Tag this Judgment!Jivanbhai Talsibhai Vasava Vs. State of Gujarat
Court: Gujarat
Decided on: Jul-22-2003
Reported in: (2004)1GLR460; (2004)1GLR461
C.K. Buch, J.1. These bunch of 4 appeals have been preferred by the appellants original accused - convict persons challenging the judgement and order of conviction and sentence recorded by learned Additional Sessions Judge, Bharuch in Sessions Case No. 37 of 1996 on 13.2.1998. The Additional Sessions Judge sitting at Rajpipla has tried the accused for the offences punishable under Sections 147. 148, 149, 302, 504 and 114 of the Indian Penal Code and under Section 35 of the Bombay Police Act. At the conclusion, the learned Additional Sessions Judge held all the accused guilty of the offences punishable under Sections 147, 148, 149 and 302 of the IPC and sentenced to suffer Rigorous Imprisonment for life, for the offence under Sections 302 read with Section 149 of the IPC. All the appellants accused also have been sentenced and ordered to undergo SI for one month for offence punishable under Sections 147 and 148 of I.P.C. for each of the offence. All the sentences are ordered to run conc...
Tag this Judgment!Shidimo Interaux Private Ltd. Vs. Dena Bank
Court: Gujarat
Decided on: Jul-22-2003
Reported in: IV(2004)BC408; [2004]121CompCas223(Guj); (2004)1GLR348
M.S. Shah, J. 1. Appeal is admitted. Mr. B.G. Jani waives service. At the request of the learned Counsel for the parties, the appeal is taken up for final hearing today and is accordingly being disposed of by this judgment. 2. This is an appeal under clause 15 of the Letters Patent filed against the judgment and order dated 12.8.2002 passed by the learned Single Judge dismissing writ petition filed by the appellants herein. The petition was directed against the order dated 19.3.2002 passed by the Ombudsman in Complaint No. 133/00-01 under the Banking Ombudsman Scheme, 1995.3. Since this Court proposes to pass an order of remand, it is not necessary to set out all the facts in detail. Suffice it to state that the Ombudsman had framed four issues for examination, but the controversy now survives only about issue no.1. Hence the other issues are not at all referred to.Issue no.1 about which the controversy survives, was framed as under: 'Whether the bank did/ does not observe the guidelin...
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