Gujarat Court March 2006 Judgments
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Laxmi Associates Vs. Collector and anr.
Court: Gujarat
Decided on: Mar-10-2006
Reported in: (2006)3GLR1982
D.N. Patel, J.1. Rule. Learned Assistant Government Pleader Mr. Siraj Gori waives service of notice of Rule on behalf of the respondents. The petitioner seeks permission to take on record the order dated 7th March, 2006 passed by the Collector, Vadodara, during the pendency of the petition. The same is taken on the record of the case. The petitioner is challenging this order also.2. This petition has been preferred mainly because of the order dated 21st November, 2005 passed by the Collector, Vadodara (Annexure 'H' to the memo of the petition), whereby the application preferred by the petitioner to grant N.A. permission under Section 65 of the Bombay Land Revenue Code, 1879 (hereinafter referred to as 'the Code, 1879) has been rejected.3. Learned Advocate for the petitioner submitted that the impugned order dated 21st November, 2005 rejecting the application preferred by the petitioner under Section 65 of the Bombay Land Revenue Code, 1879 and subsequent orders during the course of hea...
Gopalbhai R. Prajapati Vs. Pratapbhai Hamirbhai Bhede and 4 ors.
Court: Gujarat
Decided on: Mar-09-2006
Reported in: (2006)3GLR1909
K.A. Puj, J.1. All these Cri. Misc. Applications are filed by the petitioners - original accused, under Section 482 of the Criminal Procedure Code praying for quashing and setting aside the respective complaints filed by the complainants in different Courts of learned Judicial Magistrate First Class in the State of Gujarat. Since common issue is raised and it is in respect of the same incident, all these applications are heard together and disposed of, at the request of the learned advocates appearing for the respective parties, by this common judgment and order.2. Cri. Misc. Application No. 4518 of 2003 is filed by the petitioner - original accused praying for quashing and setting aside the criminal Complaint No. 64/2003 filed by the complainant for the alleged offence under Sections 295-A, 504, 500 & 114 of I.P.C. in the Court of Judicial Magistrate First Class, Liliya. Similarly, the following are the details of other Cri. Misc. Applications challenging the complaints filed in the d...
Chaturbhuj A. Sahu Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Mar-09-2006
Reported in: (2006)3GLR2007
S.R. Brahmbhatt, J.1. This petition is filed under Article 226 of the Constitution of India challenging the chargesheet dated 21st February, 1983 and the order dated 30th September, 1996, wherein, the Inquiry Officer was appointed for conducting the inquiry in the matter of chargesheet dated 21st February, 1983. The petitioner has also prayed that he be permitted to retire voluntarily from the service with effect from 1st December, 1996 and also prayed that all the retiral benefits be accorded to him.2. The facts in brief deserves to be set out as under:-2.1 The petitioner was initially appointed as Medical Officer in Gujarat Public Health Service, Class-II vide Office Order dated 9th March, 1971 and was posted at village Rupal. His appointment was made on certain terms and conditions like he was required to apply to the Gujarat Public Service Commission for selection to the post and he was to be treated as a regular appointer on selection by Gujarat Public Service Commission. The orde...
Ajendraprasadji Narendraprasad-ji Pande and anr. Vs. Swami Keshavpraka ...
Court: Gujarat
Decided on: Mar-09-2006
Reported in: AIR2006Guj204; (2006)2GLR1696
D.A. Mehta, J.1. Rule. The learned Advocates appearing on behalf of the respective respondents waive service.2. Considering the controversy between the parties, the matter has been taken up for final hearing and disposal. 3. On 13th May 2005, the Apex Court expressed its concern in the following terms:When litigants come before courts raising disputes as to who shall function as Head of a religious or financial institutions, and they travel through the corridors of various courts and come before this Court, one wonders when do these persons get time to think of purity sublime essences of religion and their duties as religious leaders. It has a sad reflection on the credibility of the religious institutions. Materialistic pursuits increasingly replace divine pursuits. The Present case at hand is no exception. 4. Nearly a year thereafter, unfortunately, the same position obtains and the direction to the Trial Court to dispose of the matter expeditiously preferably by the end of November,...
Kirtibhai Madhavlal Joshi Vs. State of Gujarat
Court: Gujarat
Decided on: Mar-09-2006
Reported in: (2006)3GLR1840
R.P. Dholakia, J.1. Criminal Appeal No. 1156 of 2004 has been filed by the appellant-Kirtibhai Madhavlal Joshi, original accused No. 4 in P.O.T.A. Case No. 3 of 2004, Criminal Appeal No. 1157 of 2004 has been filed by the appellant-Mahesh Narsidas Patel, original accused No. 1 in P.O.T.A. case No. 5 of 2004 (supplementary charge- sheet) and Criminal Appeal No. 1156 of 2004 has been filed by the appellant-Prahladbhai Prabhudas Patel, original accused No. 3 in P.O.T.A. Case No. 3 of 2004 against the common order dated 11-5-2004 passed by the learned Special Judge (P.O.T.A.) below Exhs. 105, 106 and 107 in Special (P.O.T.A.) Case No. 3 of 2004 and Exh. 2 in Special (P.O.T.A.) Case No. 5 of 2004 whereby the applications filed by the present appellants accused and accused Nos. 1 and 2 namely, Mohamed Yasin Ibrahim Noor and accused Mohamed Kasim Mohamed Yasin Noor for discharge under Section 227 of the Code of Criminal Procedure (hereinafter referred to as 'the Code' for short) and Section 3...
Gujarat Rajya Police Inspectorassociation Vs. State of Gujarat and anr ...
Court: Gujarat
Decided on: Mar-09-2006
Reported in: (2006)2GLR1399
K.A. Puj, J.1. The petitioners, in all four associations, namely, (1) Gujarat Rajya Police Inspectors' Association (2)Gujarat Rajya Police Sub Inspectors' Association (3) Gujarat Rajya Police Head Constable Mandal and (4) Gujarat Rajya Police Constable Mandal, have filed this petition under Article 226 of the Constitution of India praying for declaration that the show cause notice dated 28.12.1988 issued to the petitioner associations is illegal and contrary to the Act and the Rules and, therefore, requires to be quashed and set aside. The petitioners have also asked for the stay against the respondents restraining them from acting upon the show cause notices dated 28.12.1988 and from taking any action pursuant thereto. The petitioners have also asked for the stay against the respondents from cancelling or withdrawing the recognition of the petitioner associations without giving reasonable opportunity to the associations to show cause against the said purported act. 2. During the pende...
Ravichand Manekchand Sheth and ors. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Mar-09-2006
Reported in: (2006)2GLR1567
D.N. Patel, J.1. This petition has been preferred against the order dated 10th July, 1993 passed by the Assistant Collector, Morbi in Revision Case No. 23 of 1992 as well as against the order dated 29th April, 1994/13th May, 1994 passed by the Collector, Rajkot in Land Appeal No. 19 of 1993, whereby the order passed by the Assistant Collector, Morbi was confirmed and the order passed in Revision Application No. SRD/HKP/RJT/11 of 1994 by the Secretary, Revenue Department, State of Gujarat on 25th October/November, 1994 whereby the orders passed by Assistant Collector and that of Collector were upheld and it was held that mutation Entry No. 2605 is removed as the sale transaction was violative of Section 54 of the Saurashtra Gharkhed Tenancy Settlement and Agricultural Lands Ordinance, 1949 (hereinafter refereed to as ''the Ordinance, 1949') as there was transfer of agricultural land to the non-agriculturist.2. Learned Advocate for the petitioners submitted that the order passed by the a...
Krishna Communication (Outdoor) Vs. Gujarat State Road Transport Corpo ...
Court: Gujarat
Decided on: Mar-08-2006
Reported in: (2006)3GLR1831
M.S. Shah, J.1. Rule. Mr Munshaw waives service of Rule for respondent No. 1 and Mr Jagirdar waives service of Rule for respondent No. 2.2. In this petition under Article 226 of the Constitution, the petitioner, an advertising agency, has challenged the tendering process adopted by the respondent-Corporation under which the eligible parties who have submitted their tenders in response to the notice dated 23.1.2006 are not called for inter-se bidding but only respondent No. 2 is called for revising its bid in the matter of contract to be awarded by respondent No. 1- Gujarat State Road Transport Corporation for providing spaces for advertisement on buses, bus depots and bus shelters.3. The facts leading to filing of this petition, broadly stated, are as under:-3.1 The present petitioner is the existing contractor in whose favour the contract providing spaces for advertisements on bus, bus depots and bus shelters of the respondent-Corporation was awarded for the three year period from 15....
Oilabhai M. Vasava Vs. State of Gujarat and 2 ors.
Court: Gujarat
Decided on: Mar-08-2006
Reported in: 2006CriLJ2730
D.H. Waghela, J.1. By this petition invoking Articles 14, 21 and 226 of the Constitution, the petitioner has prayed, in fact, for compensation in terms of the Government Resolutions dated 16.10.1982 and 4.5.1991.2. The factual background of the petition is epitomizing the plight of a poor backward class citizen who has fallen victim to not only his own misfortune but the callous and ruthless treatment by not only the police but the officers of the higher echelons of the Government. 2.1. According to the petition, the petitioner lost his mother when he was a young boy and his only near relative and guardian was his father, a poor agricultural worker. While the father had gone for some time to live with his sister in a nearby village, on 25.8.1992, a few named members of the police staff came to the house of the petitioner's father's brother-in-law. They arrested that host alongwith his father, took them to the police post at Amletha, handcuffed them and paraded them through the village ...
Registrar of Companies Vs. Adani Exports Ltd. and 4 ors.
Court: Gujarat
Decided on: Mar-08-2006
Reported in: (2006)2GLR1158
R.S. Garg, J.1. Present is an appeal under Section 10F of the Companies Act, challenging the order dated 9th March, 2004, passed in C.P. No. 98/621A/CLB/WR/2003, by the Company Law Board, Western Region Bench, Mumbai.2. Facts necessary for disposal of the present appeal are that the respondent company had made contributions of Rs. 25,000/- to Gujarat Pradesh Youth Congress on 12.5.98 and a sum of Rs. 15.00 lacs to All India Youth Congress committee on 24.8.99. Under the law, specially under Section 293A(4), these contributions made to the political parties were required to be specifically disclosed in the profit and loss account of the respective years, which the company failed. Instead, these contributions were shown as `miscellaneous expenses' without any details. The Registrar of Companies issued a show cause notice dated 17.9.2003 to the company as to why the company and the officers in default should not be prosecuted in terms of Section 293A(5) of the Companies Act for non-disclo...
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