Gujarat Court December 2006 Judgments
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Dalpatbhai Jasraj Dalwadi and 2 ors. Vs. State of Gujarat and 2 ors.
Court: Gujarat
Decided on: Dec-18-2006
Reported in: (2007)1GLR882
Jayant Patel, J.1. The short facts of the case are that the father of the petitioners executed a document of usufructuary mortgage on 16.1.1951 for the land admeasuring 5 acres and 11 gunthas with one Nanji Magha Dalwadi and the land was mortgaged for 99 years for borrowing Rs. 6,000/-. The father of the petitioners expired on 22.7.1976. On 14.8.1976, the Gujarat Rural Debtor's Relief Act, 1976 (hereinafter referred to as 'the Act') came into effect. The petitioner applied to the Debt Settlement Officer for relief under the Act and on 26.5.1978, the Debt Settlement Officer decided in favour of the petitioners by relieving the petitioners from debt. The appeal was preferred against the decision of the Debt Settlement Officer by respondent No. 3 and the said appeal came to be dismissed on 26.10.1979. The matter was further carried before this Court by respondent No. 3 by preferring SCA No. 44 of 1980 and this Court (Coram: C.V. Jani, J.) on 27.7.1990 passed the judgement, whereby it obse...
Saiyed Salim Saiyed HussaIn Saiyed Vs. State of Gujarat
Court: Gujarat
Decided on: Dec-18-2006
Reported in: (2007)1GLR834
A.M. Kapadia, J.1. The appellant ('the accused' for short) was tried by the learned Additional City Sessions Judge, Court No. 13, City Sessions Court, Ahmedabad in Sessions Case No. 255 of 1999 for commission of the offences punishable Under Section 8(c) read with Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act' for short), arraigned on the charge of having found with contraband article 'charas' weighing 257 grams, without pass or permit, when he was intercepted and apprehended near Lal Mills Cross Roads, adjacent to SRP Point, Gomtipur, on the basis of the prior information received by P.W.1, Ravindrakumar Kashiram Bhatt, Senior Police Inspector. At the end of the trial, the accused was found guilty of the offences with which he was charged and as his complicity is proved, the learned Judge of the trial Court convicted him vide judgment and order dated 5.5.2000 for commission of the offences punishable Under Sections 8(c) read with Sections 21...
Bachiben Naranbha Vs. State of Gujarat and 4 ors.
Court: Gujarat
Decided on: Dec-18-2006
Reported in: (2007)3GLR1918
D.H. Waghela, J.1. The present petition has its genesis in the letter dated 23.7.1997 addressed to the Hon'ble the Chief Justice by the petitioner stating that the petitioner was a widow whose sons had left the house under an apprehension of beating by police pursuant to a complaint and the local police sub inspector had visited her house in search of her sons on 30.7.1997 (sic). At that time, at around 02.00 a.m., police had taken away her younger daughter and, at around 04.00 a.m., she herself was taken to the police station to take her daughter back. When she asked her daughter about what had happened to her, she was told by her daughter that she was no longer fit to show her face to any one, that the officers had raped her and, after saying that, the daughter, aged 13, had poured kerosene and burnt herself. On that brief complaint, she urged that the dead body of her daughter may be disinterred and, after performing post mortem by a team of doctors, culprits may be punished.1.1 Tha...
Uttar Gujarat Vij Company Ltd. and anr. Vs. Haribhai Chhaganbhai Bharw ...
Court: Gujarat
Decided on: Dec-15-2006
Reported in: AIR2007Guj84
P.B. Majmudar, J. 1. ADMIT. Mr. V.K. Shah, learned advocate waives service of admission on behalf of the respondent. With the consent of the parties, this appeal is taken up for final hearing today.2. The appellants herein are the original defendants of Civil Suit No. 1567/2002. Case of the plaintiff in the aforesaid suit is that he is a consumer of the defendant-electricity company and he has got electricity connection in the suit property situated in Rupal Village of Bavla taluka. The case of the plaintiff is that he is cultivating said land since last more than 25 years. It is also the case of the plaintiff that he had asked for electricity connection from the defendant company for agricultural purpose and, he was provided electricity connection from industrial feeder for farming purpose. Case of the plaintiff is that he is using said electricity supply only for the purpose of agricultural activity and that he has not got any industry. It is also the case of the plaintiff that he wa...
Vasantlal Ratilal Jasani Vs. the State of Gujarat
Court: Gujarat
Decided on: Dec-15-2006
Reported in: (2007)3GLR2706
R.S. Garg, J.1. Shri H.P.Raval, learned Counsel for the petitioner, Shri L.R. Pujari, learned AGP for the State. Heard.2. By the present petition under Article 226/227 of the Constitution of India, the petitioner seeks to challenge the order dated 1.3.88 passed by the State Government, rejecting the petitioner's application filed under Section 20 of the Urban Land [Ceiling & Regulation] Act, 1976 on the ground that the land in dispute was belonging to 13 persons, there were no good reasons for refusing the permission. It is submitted that in the present matter, proceedings under Section 10[3] of the Act were not drawn and as the petitioner was never dispossessed, the proceedings against the petitioner would stand abated and he would be entitled to retain possession of the total area of the land in dispute admeasuring 8 acres and 28 gunthas.3. The facts necessary for proper appreciation of the dispute are that the land in dispute was purchased by as many as 13 persons as joint owners. R...
Nilkanth Sudhirbhai Pandya Vs. State of Gujarat thr' Secretary and 2 O ...
Court: Gujarat
Decided on: Dec-15-2006
Reported in: (2007)1GLR581
Abhilasha Kumari, J.1. The present group of petitions, filed under Article 226 of the Constitution of India, is directed against the declaration issued under Section 6(1) of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Lands) Act, 1962, ('the Act' for short) whereby the right of user in the lands belonging to the petitioners has been acquired by the Competent Authority under the Act for the purpose of laying pipelines for transportation of natural gas by the respondent No. 3, i.e. Reliance Gas Transportation Infrastructure Limited.2. As identical issues of facts and law are involved in these petitions, this Court proposes to dispose them of by this common judgment. For the sake of convenience, this Court also proposes to refer to the facts stated in Special Civil Application No. 20391 of 2006.3. By filing Special Civil Application No. 20391 of 2006 under Article 226 of the Constitution of India, the petitioner has prayed for the following relief:A. This Honoura...
Harivadan Bhagwandas and 4 ors. Vs. Chandaben W/O Melanhai Vasava and ...
Court: Gujarat
Decided on: Dec-15-2006
Reported in: (2007)3GLR2498
R.S. Garg, J.1. Short facts necessary for disposal of the present writ application are that the land bearing Survey Nos. 854, 855/2 and 855/4, admeasuring 1 Guntha, 16 Gunthas and 33 Gunthas, respectively, belong to the petitioners. On 4/10/1977, The Mamlatdar-cum-A.L.T. issued notices under Section 32(G) of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as '1948 Act'). Yet another notice to show cause was issued on 10/3/1978 and this notice included Survey Nos. 855/2, 855/4 and 855. The present petitioners appeared before the authority and submitted that the land in dispute was not in lawfully cultivating possession of the tenant (present respondent since deceased) and as he was not a tenant, but a licencee, the land could not be settled in favour of the present respondent nor he could be deemed to be a purchaser under the provisions of the Act. It was also submitted that vide different notifications, the land within the periphery/limits of the Municipal ...
Neetaben Hasmukhbhai Kuberbhaichaudhary and 3 ors. Vs. Shakrabhai Raim ...
Court: Gujarat
Decided on: Dec-14-2006
Reported in: 2008ACJ3367
M.S. Shah, J.1. This appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against the judgment and award dated 12.5.2006 passed by the Motor Accident Claims Tribunal (Aux.) Surat in MAC Petition No. 1219 of 2000. In the claim petition for compensation of Rs. 15 lakhs, the Tribunal has awarded compensation of only Rs. 1,41,151/- after holding that the accident was caused by the negligence of the ST bus driver and of the deceased motor-cycle driver in the ratio of 85:15.2. This appeal for enhancement of the compensation is filed by the widow, minor son and parents of Hasmukhbhai Kuberbhai Chaudhary who died at the age of 35 years in a motor vehicle accident between the motor-cycle which the deceased was driving and the bus belonging to the respondent-Corporation.The cross-objections are filed by the ST Corporation for challenging the award in so far as the responsibility of the ST bus driver has been determined by the Tribunal at 85%. It is contended that the accident was...
Husenabibi Wd/O Amirbhai Yasinbhai and anr. Vs. Abdulmiya Kasammiya Ku ...
Court: Gujarat
Decided on: Dec-14-2006
Reported in: AIR2007Guj56
P.B. Majmudar, J.1. By filing this Appeal under Section 96 of the Civil Procedure Code, the appellants have challenged the judgment and decree of the learned Judge, City Civil Court, Ahmedabad dated 15-2-1994 passed in Civil Suit No. 3399/1985. By the aforesaid judgment and decree, the learned trial Judge has dismissed the suit filed by the appellants - plaintiffs for getting decree for specific performance of the suit agreement. It is the case of the plaintiffs that there is a property belonging to the defendants No. 1 to 3, which is situated in Dariapur Ward No. 1 in Bukhara Mohalla, description of which is given in para 1 of the plaint. The plaintiffs were occupying first floor in the suit house as tenants. The said tenanted portion is having Municipal Census No. 2724/1 and 2724/2. It is the case of the plaintiffs that they were occupying the aforesaid portion as a tenant of defendant Nos. 1 to 3. It is the case of the plaintiffs that defendants No. 1 to 3 wanted to sell the suit pr...
Taraben Mansukhlal Pala Vs. Lic of India
Court: Gujarat
Decided on: Dec-13-2006
Reported in: 2008ACJ1169; (2007)2GLR106
R.S. Garg, J. 1. Shri Mehul S. Shah, learned Counsel for the appellant, Shri H.M. Bhagat, learned Counsel for the respondent.2. A woman, who suffered widowhood in the year 1973 is before this Court in the year 2006 with a plea that a paltry sum of Rs. 5,000/- to which she was entitled under the insurance policy be allowed in her favour and the respondent Life Insurance Corporation be asked to make payment of the money.3. The short facts necessary for disposal of the present appeal are that one Mansukhlal Chunilal Pala of Jamnagar opted for life insurance policy for sum of Rs. 5,000/-, the policy was issued in favour of the deceased on 8.8.73 under the concluded contract. Unfortunately, the said Mansukhlal Chunilal Pala died on 20.12.73, i.e., within a period of four months and 12 days from the date of issuance of the policy. The widow, who was hapless and helpless, relying upon the assurances of the Corporation, lodged her claim, after some good hassle and the inquiries, the respondent...
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