Gujarat Court January 2007 Judgments
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Lalitaben Wd/O Baldevbhai Manibhai Suthar Vs. Niruben Ramanbhai Suthar ...
Court: Gujarat
Decided on: Jan-11-2007
Reported in: (2007)3GLR2332
R.S. Garg, J.1. Mr.B.G. Patel, learned Counsel for the petitioner, Mr.Yatin Soni, learned Counsel for the respondent Nos. 1/1 to 1/3, Mr.A.Y. Kogje learned Assistant Government Pleader for the respondent Nos. 2 and 3 - State.2. By the present writ application, petitioner seeks to challenge the order dtd.29/8/1992 passed by the Deputy Collector in RTS Appeal No. 53 of 1992, order dtd.24/2/1993 passed by the Collector in RTS Revision No. 91 of 1992 and order dtd.23/5/1995 passed by the Secretary, Revenue Department in Case No. SRD/B/HKP/43 of 1993.3. The undisputed facts are that one Manibhai Hargovandas Suthar owned and possessed land bearing Survey Nos. 307, 308, 302 and 375 which were made a Block, numbered as No. 723, after coming into force Consolidation Act at village Khadana. The said Manibhai Hargovandas Suthar died on 15/8/1947 and was survived by his son - Baldevbhai Manibhai Suthar and minor daughter Shantaben. On an application-cum-information given by Baldevbhai Manibhai Sut...
Akshar Image thro' Proprietor Karunaben Vs. Jahesh Creation and 3 Ors. ...
Court: Gujarat
Decided on: Jan-10-2007
Reported in: (2007)1GLR912(GJ)
K.A. Puj, J.1. Since common issue is involved in both these petitions and since they are heard together, the same are being disposed of by this common judgment and order.2. Special Civil Application No. 4916 of 2005 is filed by M/s. Akshar Image, the petitioner - orig. plaintiff under Article 227 of the Constitution of India challenging the order dated 20.01.2005 passed by the learned City Civil Judge, Ahmedabad below an application Exh.102 in Civil Suit No. 82 of 2002 whereby the application filed by the present respondent No. 1 - orig. defendant No. 1 praying for amending the written statement and seeking direction to treat the amended written statement as counter claim, was allowed.3. Similarly, Special Civil Application No. 4940 of 2005 is filed by M/s. Akshar Print challenging the order dated 20.01.2005 passed by the learned City Civil Judge, Ahmedabad below an application Exh. 94 in Civil Suit No. 83 of 2002 whereby the application filed by the present respondent No. 1 - orig. de...
Saurashtra Rachanatmak Samiti Thro. Secretary and as Autho. Per Vs. St ...
Court: Gujarat
Decided on: Jan-10-2007
Reported in: (2007)2GLR1649
D.A. Mehta, J.1. Both these petitions challenge one order dated 2.8.2006 made by Gujarat Revenue Tribunal in Revision Application No. TEN. A.R. 1/03 and hence, both these petitions are heard together and disposed of by a common judgment. In light of the view that the Court is inclined to take, the matters have been heard finally. Rule. Learned Advocates appearing on behalf of the respective respondents in both the petitions waive service of Rule.2. A Trust known by the name of Saurashtra Rachanatmak Samiti, Rajkot was holding properties consisting of shed No. 20 comprising of building and appurtenant land, as well as adjoining plot Nos. 63 and 64. The total area of the land in question was 3223 sq.yds. Admittedly the land is a lease hold land for a period of 99 years, while the shed was taken on hire purchase terms from Gujarat Industrial Development Corporation on 30.8.1973. On 1.1.2002 the Trust entered into a leave and licence agreement with one N.J. Patel Brass Works, Rajkot for a ...
M.T. Emerald Sky Vs. Reliance Industries Ltd. and anr.
Court: Gujarat
Decided on: Jan-10-2007
Reported in: AIR2007Guj90
ORDERAt this stage, Shri Sanjanwala, learned advocate appearing for the plaintiffs has prayed to stay the judgment and order so as to enable the plaintiffs to challenge the present judgment and order before an Appropriate Forum. Under the circumstances, the operation of the present judgment and order is stayed upto 15th February, 2007. Consequently, the time in favour of the original defendants to amend the written statement and the counterclaim and to pay the Court Fees, as stated above, will start from 15th February, 2007....
Bhikubhai Anakbhai Bayal Vs. State of Gujarat, Thro P.P.
Court: Gujarat
Decided on: Jan-10-2007
Reported in: (2007)2GLR1380
Ravi R. Tripathi, J.1. Petitioner - original accused in Criminal Case No. 127 of 2003 is before this Court being aggrieved by order passed by the learned Judicial Magistrate First Class, Kodinar (SJMFC, for short) below application Exh.26 dated 28.12.2006.1.1 Application Exh.26 was filed seeking a direction from the Court that the documents mentioned therein, 9 in number, be produced by the complainant side as the same are in their possession. The application was filed on 13.10.2006. The same was considered by the learned JMFC in detail and was rejected by order under challenge.2. The facts of the case are that the petitioner - accused is alleged to have committed an offence under Sections 409, 464, 465, 471 and 477A of the Indian Penal Code, for which a complaint is registered at Kodinar Police Station being I-C.R. No. 77 of 2002. The same was investigated and after investigation was over, charge sheet was filed. After filing of the charge sheet, the present petitioner - original accu...
Mukundlal Trikamlal Patwa Vs. State of Gujarat and 5 ors.
Court: Gujarat
Decided on: Jan-09-2007
Reported in: (2007)1GLR761
Jayant Patel, J.1. Rule. Mr. Chhaya, learned AGP waives service of notice of rule for Respondents No. 1, 2, 4, 5 and 6 and Mr. P.G. Desai, learned Counsel waives service of notice of rule for Respondent No. 3. With the consent of the learned Counsel for the parties, the matter is finally heard today.2. The petitioner has approached this Court for challenging the action of the respondent authorities in the Scheme under Gujarat Town Planning and Urban Development Act (hereinafter referred to as 'the Act') so far it relates to land bearing F.P. No. 342/Part-4 (City Survey No. 257), admeasuring 126 sq. mtrs.3. Heard the learned Counsel appearing for the parties.4. Upon hearing the learned Counsel for both the sides, it appears that it is not in dispute that the land, which was originally held by one Sakina Abbas Karimi and Others was allotted to them by the Government in the year 1992 at the rate of Rs. 200/- per sq. mtrs and the payment was made thereafter. As per the petitioner, the poss...
Janakpuri Co-operative Housingsociety Ltd. Vs. State of Gujarat and 2 ...
Court: Gujarat
Decided on: Jan-09-2007
Reported in: (2007)2GLR2227
Jayant Patel, J. 1. The short facts of the case are that the petitioner applied for allotment of the land in the year 1991 from the land bearing Survey No. 15, F.P. No. 716 of the T.P. Scheme, which was admeasuring in all of 11561 sq. mtrs. at Gorwa, Vadodara. As per the petitioner, the petitioner Society is comprising of the members belonging to weaker section of the Society namely; Scheduled Caste and Scheduled Tribes. As per the petitioner, the society was formed in the year 1984 mainly for getting the land for their members for housing purpose. On 8.6.1992, the State Government initially decided in principle to allot the land to the petitioner admeasuring 6700 sq. mtrs for its 67 members and the petitioner was asked to pay the amount and the said amount as per the petitioner is already deposited with the Government. Thereafter, it appears that vide letter dated 8.2.1993 the State Government, upon the inquiry, found that 42 members are newly added and, therefore, qua 25 members, the...
Arunaben Atmaram Dudhrejiya and 16 ors. Vs. Union of India (Uoi) and 4 ...
Court: Gujarat
Decided on: Jan-09-2007
Reported in: (2007)1GLR865
ORDERH.K. Rathod, J.1. Heard the learned advocates appearing for the respective parties. 2. The petitioners were appointed by respondents in the post of Female Health Worker for a period of 11 months w.e.f. 4.2.2004 and they remain continued upto 6.1.2007. Last order (Annexure-Q, Page-92) issued by the respondents on 3.2.2006 for a period of 11 months as ad-hoc, Hangami and Kamchalau in favour of petitioners in the scale of Rs. 3050-4590. The condition incorporated in the order dated 3.2.2006 is that service of the petitioners can be terminated at any time without issuing notice to the petitioners. The petitioners have to give an undertaking before the authority in a prescribed proforma that their service is ad-hoc and Hangami and the service can be terminated without issuing notice to the petitioners by the respondents. The duration of service is for a fixed period of 11 months being a contractual appointment. This Court has passed the order in aforesaid group of petitions on 3.1.2007...
Swastik Industries Pvt. Ltd. Vs. State of Gujarat and 2 ors.
Court: Gujarat
Decided on: Jan-08-2007
Reported in: (2007)2GLR2180(GJ)
R.S. Garg, J.1. The plaintiff - appellant being aggrieved by the judgment and decree dtd.5/2/1992 passed in Regular Civil Appeal No. 2 of 1992 by the learned Assistant Judge, Junagadh at Porbandar reversing the judgment and decree dtd.4/10/1991 passed in Regular Civil Suit No. 179 of 1986 by the learned Civil Judge (SD), Porbandar, has filed this Second Appeal under 100 of the Code of Civil Procedure.2. The appeal was admitted for hearing the parties on 31/7/1992 on the following substantial question of law;Whether the Lower Appellate Court had committed error in holding that an opportunity of being heard was being given to the plaintiff Company before cancelling the license and whether the license could be cancelled without complying with the statutory provisions of the Rule 131 of the Bombay Cinema Rules, 1954.3. Short facts necessary for disposal of the present appeal are that M/s. Swastik Industries Pvt. Ltd. is running a cinema talkies in the name of Harish Talkies at Porbandar. T...
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