Gujarat Court July 2003 Judgments
Rajendrasinh Bharatsinh Sarvaiya Vs. Kiritsinh Balvantsinh Jadeja
Court: Gujarat
Decided on: Jul-21-2003
Reported in: AIR2004Guj140; (2004)1GLR106
K.M. Mehta, J. 1. Rule. Mr. B.T. Rao, learned advocate for respondent No. 1, waives service of rule. 1.1 Rajendrasinh Bharatsinh Sarvaiya, petitioner, original third party, has filed this Revision Application under Section 115 of the C.P.C., challenging the judgement and order dated 11.2.2002 passed by the Second Joint Civil Judge (S.D.), Bhavnagar - order below Exh. 12 in Regular Civil Suit No. 465 of 2001. The learned Judge by his impugned judgement was pleased to reject the application at Exh. 12 filed by the petitioner for joining as party defendant under the provisions of Order 1 Rule 10 of the C.P.C. 2. There is a property situated at Krishnanagar, near Manekwadi, on Municipal Leasehold plot bearing Survey No. 558-559/B, admeasuring 719.56 sq. mtr. at Bhavnagar (hereinafter referred to as 'the suit property'. BACKGROUND OF THE MATTER: 3. Dineshbhai Rajaram Makwana and Rajeshbhai Rajaram Makwana purchased the suit property from one Mr. Bhogilal Prahladbhai Patel of Vallabhbhai & S...
Tag this Judgment!Rajesh Textiles - Proprietor Kalavatiben S. Shah Vs. Jalpa Enterprise ...
Court: Gujarat
Decided on: Jul-21-2003
Reported in: (2003)4GLR483
Jayant Patel, J. 1. Rule.Mr. U.M. Panchal, learned Counsel appears on behalf of the legal heirs of the deceased Shaileshbhai Jayantilal Shah, whose names are described as respondent nos. 1/1 and 1/2, and waives notice of Rule.With the consent of the parties, the matters are taken up for final hearing today.2. Since in both these matters, common facts and common questions are there, and they are between the common parties so far as legal heirs of the deceased Shailesh J. shah are concerned, they are being dealt with by a common judgement.3. The short facts of the case are that the petitioner of Special Civil Application No. 1162 of 2003 filed Special Civil Suit No.339 of 1988 and the petitioner of Special Civil Application No. 1163 of 2003 filed Special Civil Suit No. 361 of 1985 against M/s. Jalpa Enterprise for recovery of the amount which was at the relevant point of time described as a proprietary concern, through its owner - Shaileshbhai Jayantilal Shah. Pending the suit, the said ...
Tag this Judgment!Bhagraj Tulsaji Visnoi Vs. State of Gujarat
Court: Gujarat
Decided on: Jul-19-2003
Reported in: (2004)1GLR276
J.R. Vora, J. 1. This Revision Application is filed against an order passed by the Learned Additional Sessions Judge, Banashkantha at Deesa on 18th of November, 2002 in Special Case No.89/2001 directing to arraign present petitioner Bhagraj Tulsaji as an accused along with other accused, i.e. opponent No.2 in this Revision Application, who is facing trial for offences punishable under Section 17 of the Narcotic Drugs and Psychotropic Substance Act, 1985. 2 Necessary facts reveals that on 31st December, 2000, Mr.B.J.Patel, Police Sub Inspector, Dhanera Police Station, received information that opponent No.2 herein Kisnaram Ruparam Visnoi resident of village-Gundan, Taluka-Sanchod, District-Zalor, Rajasthan State on a motorcycle registered in the State of Rajasthan trafficking narcotic drugs and on that day Kisnaram Ruparam Visnoi, according to information received was to travel towards Deesa from Rajasthan. On receiving this information, along with other police constables, Mr.B.J.Patel,...
Tag this Judgment!Oriental Insurance Co. Ltd. Vs. Bhal Nalkantha Khadi
Court: Gujarat
Decided on: Jul-18-2003
Reported in: 2004ACJ1209; (2004)1GLR452
M.S. Shah, J. 1. This Letters Patent Appeal is directed against the judgment and order dated 28th April 1995 of the learned Single Judge, partly allowing First Appeal No. 1127 of 1987, arising from M.A.C. Case No. 232 of 1985 and the order dated 23.6.1997 passed by the learned Single Judge in Misc.Civil Application No. 1842 of 1995 rejecting the said review application.2. Respondent No.2 herein filed the above numbered Claim Petition before the Motor Accident Claims Tribunal, Ahmedabad for claiming compensation of Rs. 1,00,000/- for the injuries sustained by him in the vehicular accident which took place on 8th August 1984 at 3.15 p.m. As the claimant was minor at the relevant point of time, the claim petition was filed through his father.3. The owner and the Insurance Company contested the claim petition. After considering the evidence on record, the Tribunal rendered its award dated 15th January 1987 awarding compensation of Rs. 62,800/- with proportionate costs and interest to the c...
Tag this Judgment!B.P. Joshi Vs. Gujarat Electricity Board
Court: Gujarat
Decided on: Jul-18-2003
Reported in: [2004(101)FLR172]; (2004)1GLR1
J.N. Bhatt, Acting C.J.1. A short, but substantial question which has surfaced in this petition under Article 226 of the Constitution revolves round, as to whether the petitioner was terminated from his employment with respondent Gujarat Electricity Board without affording him an opportunity of hearing and in violation of principles of natural justice?2. With a view to appreciating the short question which calls for adjudication, a skeleton projection of the facts giving rise to this petition under Article 226 of the Constitution of India, may be highlighted.3. The petitioner came to be appointed as a Junior Clerk, in Vidyut Board Vidyalaya, at Baroda, in the year 1986. He came to be served with a show cause notice dated 3.5.1990, wherein it has been alleged that the behaviour of the petitioner was rude and insulting with the colleagues, superiors and the parents of the students and that the petitioner has not improved his behaviour inspite of oral and written warning in that regard. I...
Tag this Judgment!Gujarat Methodist Church Cardiothoracic and Vascular Vs. Union of Indi ...
Court: Gujarat
Decided on: Jul-16-2003
Reported in: (2004)1GLR270
R.K. Abichandani, J. 1. The petitioner which is a Public Charitable Trust, registered under the provisions of the Bombay Public Trust Act and a Society registered under the Societies Registration Act, imported Cardiac Catheterisation Laboratory from Seimens, Germany for its use for coronary angiography and angioplasty as well as its use to diagnose heart defects etc., challenges the directions/order dated 25.1.99, by which the Director General of Health Services rejected the application of the petitioner for issuance of installation certificate in respect of the said equipment and withdrew the Customs Duty Exemption Certificate which was issued by the Director on 18.3.94, in respect of the same.2. The petitioner had imported the said equipment and cleared it without payment of duty on the strength of the exemption certificate which was issued on 18.3.94, as per Annexure: A to the petition under the notification dated 1.3.88 at Annexure: B to the petition. According to the petitioner, t...
Tag this Judgment!Anita Bhandari and ors. Vs. Union of India (Uoi) and ors.
Court: Gujarat
Decided on: Jul-16-2003
Reported in: (2004)1GLR13
B.J. Shethna, J.1. Both these appeals and Civil Applications filed in it are disposed of by this common judgment as they are arising out of the judgment and order dated 28-10-2002 passed by the learned single Judge of This Court (Coram: M.S. Shah, J.), in Special Civil Application No. 8736 of 2002.2. As per the F.I.R. lodged by Shri Mahendrabhai Kothawala on 4-4-2001 at about 1-45 p.m. Shri Sureshbhai Bhandari came on his scooter and parked it near Dena Bank, situated at Reshamwala Market, Surat. At that time, Shri Nagjibhai, Watchman of the Bank requested him to park his scooter on the other side as it was causing obstruction in carrying cash box. Thereupon, Sureshbhai got angry and abused Shri Nagjibhai by his father. Nagjibhai told him not to abuse him as he is Watchman of the Bank. Heated exchange of words took place between them, when they were going inside the Bank. Nagjibhai was following Sureshbhai. That time he heard loud noise. He went inside and saw Sureshbhai lying profusel...
Tag this Judgment!New Era High School Vali Mandal Vs. Union of India (Uoi)
Court: Gujarat
Decided on: Jul-15-2003
Reported in: (2003)3GLR1850
R. K. Abichandani, J. 1. This appeal is directed against the order dated 25th June, 2003 made by the learned single Judge vacating the ad-interim relief granted on 28-4-2003 in terms of Para 5(B) against the implementation of the order at Annexure 'J' impugned in the petition preferred by the appellants. The respondent No. 1 in the impugned order contained in the office Memorandum dated 11-2-2003, at Annexure 'J' to the petition, had stated that admission to all the seats of the institutions mentioned therein which were conferred the status of 'deemed University' including the respondent No. 3-Sardar Vallabhbhai National Institute of Technology, Surat city (hereinafter referred to as the said 'institute') shall be made on the basis of All India Engineering Entrance Examination (A.I.E.E.E.). In the interim relief, the petitioner also prayed for continuing the prevailing system of admissions insofar as the filling up of 225 seats in the said Institute and 129 seats allotted to Gujarat St...
Tag this Judgment!Gujarat State Road Transport Corporation Vs. Devendrabhai Mulvantrai V ...
Court: Gujarat
Decided on: Jul-15-2003
Reported in: (2003)3GLR2485; (2004)ILLJ77Guj
P. B. Majmudar, J. 1. By filing this petition, the petitioner-Corporation has challenged the order passed by the Authority under the Payment of Gratuity Act. The respondent was working with the petitioner-Corporation and after reaching the age of superannuation, he had retired from service with effect from 21st March, 2001. The respondent thereafter preferred an application before the Controlling Authority under the Payment of Gratuity Act, 1972 by way of Gratuity Application No. 4 of 2002 as the petitioner-Corporation failed to pay the gratuity amount of the respondent. The Controlling Authority, by its order, came to the conclusion that without any reason, the said amount is withheld by the Corporation, and accordingly, he came to the conclusion that the respondent is entitled to recover the gratuity amount, quantified at Rs. 3,50,000/-, with 10% interest, which is to be payable from 1-5-2001.2. The said order of the Controlling Authority was challenged by the petitioner-Corporation ...
Tag this Judgment!Maniben Wd/O. Mohanbhai Halabhai Parmar Vs. Manshukhlal Jaishankar Dav ...
Court: Gujarat
Decided on: Jul-15-2003
Reported in: (2003)3GLR123
K.A. Puj, J.1. The petitioners have filed this petition under Article 227 of the Constitution of India praying for quashing and setting aside the order dated 13-11-1995 passed by learned 3rd Joint Civil Judge (S.D.), Palanpur, in Application Exh. 5 in Regular Civil Suit No. 108 of 1994 and order dated 19-1-2002 passed by learned Extra-Assistant Judge, Banaskantha District at Palanpur in Misc. Civil Application No. 11 of 1995. The petitioners have further prayed for direction to the Charity Commissioner and Deputy Charity Commissioner to hear and dispose of the Change Application No. 134 of 1994 within a stipulated time and to grant injunction restrainig the respondents from and such act or conduct so as to interfere with the possession, management and enjoyment of their rights in respect of suit properties till final disposal of the proceedings in and arising out of Change Application No. 134 of 1994 before the Additional Charity Commissioner, Mehsana and continue to maintain status-qu...
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