Gujarat Court March 2007 Judgments
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Keshavlal Purshottam Patel (Decd.) Through His Heirs and Lrs. Valiben ...
Court: Gujarat
Decided on: Mar-13-2007
Reported in: (2008)1GLR185
Jayant Patel, J.1. Draft Amendment granted.Leave to join State of Gujarat through the Principal Secretary, Revenue Department (Appeals) as party-respondent.2. Rule. Mr. Chhaya appears for respondent No. 1 as well as newly added party, i.e., State of Gujarat and waives notice of Rule and Mr. Shah appearing by Caveat waives notice of Rule for respondent No. 2 in capacity as Power of Attorney holder of respondent Nos. 2/1 and 2/2.3. With the consent of the learned Advocates appearing for both the sides, the matter is finally heard today.4. The short facts of the case appears to be that the land bearing Survey No. 658/3 at village Adajan Tal. Choryasi, Dist. Surat was held by one Jahangirji as well Manekbai Jahangirji.5. As per the petitioners, deceased Manekbai Jahangirji had executed the Will in favour of Keshavlal Purshottam Patel, and therefore, Entry No. 4857 dated 29-7-1985 was mutated in the revenue record for transferring of the property pursuant to the Will in favour of Keshavlal ...
Laxminarayan Co-op Housing Soc. Ltd. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Mar-07-2007
Reported in: (2007)3GLR2050
Jayant Patel, J.1. The short facts of the case are that the petitioner is one Laxminarayan Co-operative Housing Society, which is a residential society situated on the land bearing survey No. 628/2 and survey No. 629/2. It appears that formerly, the said land was agricultural land and thereafter, the permission for non-agricultural use was applied and was granted on 15.02.1989. It appears that over a part of the land, the petitioner society is established. However, over roughly half portion of the land, since the land was vacant it is purchased by respondent No. 4, Market Committee. It appears that in past, at the stage when the Market Committee had applied for permission for construction of establishing market yard over the land in question, the petitioner had preferred Special Civil Application No. 8345 of 2001 and in the said petition, the direction was given by this Court to AUDA, respondent No. 2 herein to give the opportunity to the petitioner and to pass the appropriate order. A...
Vaja Mehulkumar Pithabhai and anr. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Mar-06-2007
Reported in: (2007)3GLR2167
H.K. Rathod, J.1. Heard the learned Advocate Mr. J.K. Parmar on behalf of the petitioner, learned A.G.P., Mr. Vipul Mistry appearing for respondents.2. Today, learned Advocate Mr. Parmar placed the draft amendment on record, which has been allowed with a direction to the petitioner to carry out the same within a period of one week from today.3. The grievance of the present petitioner is that, the respondent No. 3 published an advertisement inviting applications for appointment against 644 posts of Vidya Sahayak in various Primary Schools within the Junagadh district, at Annexure-A. Annexure-A is advertisement for the year of 2004 dated 9-7-2004. According to the petitioner, he possessed qualification of C.P.Ed, while petitioner No. 2 possessed qualification of B.Ed. The respondent No. 3 had prepared list of 644 posts, and also prepared one more wait list of 100 candidates. The respondent No. 3 had issued interview calls to the petitioners on 21-10-2004 and also issued letter dated 31-1...
United India Insurance Co. Ltd. Vs. Bharti Kanaiyalal Chauhan and ors.
Court: Gujarat
Decided on: Mar-06-2007
Reported in: 2008ACJ1880
M.S. Shah, J.1. This appeal under Section 173 of the Motor Vehicles Act, 1988, challenges the judgment and award dated 19.5.2006 passed by Ms. R.M. Vyas, the Motor Accidents Claims Tribunal (Aux.) and Fast Track Court No. 11 in Baroda in M.A.C. Petition No. 350 of 1996 awarding compensation of Rs. 25,21,000 with proportionate costs and interest at the rate of 7.5 per cent per annum from the date of claim petition filed in 1996 to the date of deposit.Orders on stay application and reasons for early final hearing:2.1 Appeal was admitted on 24.1.2007 after condoning delay of 111 days. At that time, we had heard Mr. R.H. Mehta, learned advocate for the appellant insurance company and Mr. Arpit Kapadia with Ms. Shaili A. Kapadia, learned advocates for the original claimants and in view of the strong prima facie case made out for the appellant insurance company, we granted ad interim stay of execution of the award, subject to the condition that the insurance company shall deposit only 50 per...
G.V. Chaudhari and 5 ors. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Mar-05-2007
Reported in: 2007CriLJ4481
ORDERIt is ordered that the court shall hold an inquiry in accordance with Section 202 of the Cr.P.C. for the offences described in the complaint while postponing the proceedings/order against the accused persons. The complainant and his witnesses shall remain present on 10.2.1986 for inquiry.A number of documents were filed and the complainant was again examined on oath on 03.4.1986. The complainant produced contemporaneous record and the representations made to several authorities. In all, seven witnesses, including the doctor who treated the deceased, were examined and several relevant documents were produced and accepted in evidence. Remarkably, summons were issued to some of the petitioners themselves and, in reply to the notices issued for production of relevant police record, it was submitted in writing that the record being very important and confidential, it could not be produced in the court. 6. With the above backdrop of facts, the first argument of the learned Counsel for t...
Mustufa Suleman Kuskiwala Vs. State of Gujarat
Court: Gujarat
Decided on: Mar-02-2007
Reported in: (2007)3GLR2597
C.K. Buch, J.1. Present Appeal is arising out of the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Sabarkantha at Himmatnagar, on 23rd March, 1995, in Summary (Criminal Case) No. 11 of 1987 whereby the present appellant-accused was convicted for the offence punishable under Sections 3 and 7 of the Essential Commodities Act, 1955 and was sentenced to undergo three months simple imprisonment and was ordered to pay a fine of Rs. 250/-, in default thereof, to undergo simple imprisonment for one month for each offence. The learned Judge has ordered that all the sentenced should run concurrently. The date of commission of offence is 9th December, 1986.2. It is the case of the prosecution that while inspecting the shop of the appellant-accused, the Inspecting Officer found six irregularities and illegalities. However, on plain reading of those irregularities mentioned in the complaint, it appears that out of six irregularities, four irregularit...
New India Assurance Co. Ltd. Vs. Jayshreeben Wd/O. Pratapbhai Thacker ...
Court: Gujarat
Decided on: Mar-02-2007
Reported in: 2009ACJ2099; (2007)2GLR1340
K.A. Puj, J.1. The petitioner, namely, The New India Assurance Company Limited has filed this petition under Articles 226 and 227 of the Constitution of India praying for quashing and setting aside the order rendered by the learned Civil Judge (S.D.), Kachchh at Bhuj dated 07.05.2005 passed below an application Exh. 84/A in Special Civil Suit No. 10 of 1992.2. The petition was admitted on 15.07.2005 and ad-interim relief in terms of para 9 (C) was granted whereby the order under challenge was stayed.3. It is the case of the petitioner that the respondents have instituted Special Civil Suit No. 10 of 1992 in the Court of learned Civil Judge (S.D.), Kachchh at Bhuj on the allegation that late Pratapbhai Thacker, husband of respondent No. 1 Jayshreeben and father of respondent Nos. 2 to 4 claiming compensation in the sum of Rs. 2,00,000/- on the averments and allegations that he died in a motor accident which occurred near village Hamirpur on Naliya-Bhuj road on 07.10.1989 at about 11.30 ...
Babubhai Gandabhai Kapdiya Vs. the State of Gujarat and 2 ors.
Court: Gujarat
Decided on: Mar-02-2007
Reported in: (2007)2GLR1227
H.K. Rathod, J.1. Heard learned Advocate Mr. BL Trivedi for petitioner and Mr. LB Dabhi, learned AGP for Respondent No. 1.2. Through this petition under Article 227 of the Constitution of India, petitioner challenges order passed by the Gujarat Secondary Education Tribunal Ahmedabad dated 28.10.05 in Application No. 203 of 2004 wherein the Tribunal has rejected the said application. The petitioner was claiming suspension allowance on the basis of the plea of deemed suspension. 3. It is submitted by the learned Advocate Mr. BL Trivedi before this Court that when the petitioner was facing criminal prosecution in respect of murder case, he was detained in custody for more than 48 hours, therefore, petitioner is deemed to have been placed under suspension and, therefore, petitioner is entitled for suspension allowance from the date of detention till the date on which he was reinstated in service. It is also submitted by the learned Advocate Mr. Trivedi before this Court that in other Gover...
Hardik Rajesh Khamar Vs. Hemchandracharya North Gujarat University and ...
Court: Gujarat
Decided on: Mar-01-2007
Reported in: (2007)2GLR1792
D.A. Mehta, J.1. Heard the learned Advocates appearing for the respective parties. In light of the view that the Court is inclined to take, the petition is taken up for final hearing and disposal today. Rule. The learned Advocate for the respondent is directed to waive service.2. The facts which are undisputed lie in a narrow compass. The petitioner on the basis of marks secured at the Higher Secondary Examination applied to the respondent-University for being admitted to five year course, M.Sc. (Computer Applications and Information Technology) which is run by the respondent-University. The qualifying examination being the Higher Secondary Examination conducted by the Higher Secondary Education Board. On 23rd May, 2006 a public notice came to be published in Gujarati daily 'Gujarat Samachar' wherein applications were invited for 70 seats for the course of M.Sc. (C.A. & I.T.). As per the said public notice, admissions were to be granted strictly on merits and the application forms were...
Dr. Rajan Sanatkumar Joshi Vs. Rajnikant Govindlal Shah and anr.
Court: Gujarat
Decided on: Mar-01-2007
Reported in: IV(2007)BC65; 2007CriLJ2318; (2007)2GLR2100
K.S. Jhaveri, J.1. By way of these petitions under Section 482 of the Code of Criminal Procedure,1973, the petitioner has prayed to quash Criminal Cases No. 400 of 2006, 401 of 2006, 402 of 2006 and 403 of 2006 and the proceedings thereof, pending before the learned Metropolitan Magistrate, Court No. 21, Ahmedabad.2. The petitioner was appointed as Additional Director on 31st March 2003 of Dairy Den Limited, which is accused no.1 company. He resigned as Additional Director of the said Company on 15th December, 2003 with immediate effect.3. Respondent no.1 in these petitions filed aforesaid three complaints against Dairy Den Limited and others, including the present petitioner, stating that the complainant had business relations with the said Company and during the course of transaction, the Company had issued three different cheques, which came to be dishonoured. Therefore, after issuance of notice, he has filed the said three complaints under Section 138 of the Negotiable Instruments ...
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