Gujarat Court April 2007 Judgments
J.M. Baxi and Co. Vs. Kandla Port Trust
Court: Gujarat
Decided on: Apr-30-2007
Reported in: (2007)3GLR2264
Jayant Patel, J.1. The learned Counsel for the petitioners, Ms. Sheth as well as Mr. Nagarkar learned Counsel for the Board of Port Trust in Spl.C.A. Nos. 6775 of 2004 and 21187 of 2006 and Mr. Vyas with Mr. Alpesh Rajpuriya, learned Counsel for the Board of Port Trust in Spl.C.A. Nos. 25511 to 25527 of 2006 conceded to the position that common questions arise for consideration in all the petitions, and therefore, all the matters may be simultaneously considered.2. It may be recorded that Special Civil Application No. 6775 of 2004 is admitted and is listed today for final hearing, whereas the remaining Special Civil Applications are at the admission stage. However, it appears to the Court after hearing the learned Counsel appearing for both the sides that short points are involved for consideration of this Court, and therefore, all the matters are disposed of finally.3. As all the matters are inter-connected and common questions arise for consideration, they are being considered by thi...
Tag this Judgment!Thakore Nilesh Shishirbhai Vs. Gujarat Secondary Education Board and o ...
Court: Gujarat
Decided on: Apr-27-2007
Reported in: (2007)3GLR2276
Akshay H. Mehta, J.1. Rule. Learned Advocate Mr. Hemang Raval waives service of Rule on behalf of respondent No. 1 and Ms. Kiran Pandey learned A.G.P., waives service of Rule on behalf of respondent No. 2. Respondents Nos. 3 to 5 though served have not appeared. Hence, at the request of the learned Advocates for the respective parties, the matter is taken up for final hearing today itself.2. The petitioner has approached this Court to seek an appropriate direction on the respondents to require them to carry out the necessary change in the School Leaving Certificate of the petitioner. It is the say of the petitioner that for generations his family has been following Christianity. However, in the bkth certificate his caste is shown as Hindu Thakore. According to the petitioner, on noticing this discrepancy in the certificate he approached the school authorities with a request to make necessary correction, but it was refused on the ground that after pupil left the school, it was not withi...
Tag this Judgment!Rahimbhai Adambhai Tarakvadiya Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Apr-25-2007
Reported in: 2007CriLJ3443; (2008)1GLR222
ORDERM.D. Shah, J.1. Heard Mr. L. R. Pathan for the petitioner, Mr. U. R. Bhatt, learned A.P.P. for the respondent No. 1 State and Mr. N. M. Kapadia, learned advocate for the respondent No. 2.1.1 Rule. Learned A.P.P. Mr. U.R. Bhatt, waives service on behalf of the respondent No. 1 State while Mr. N.M. Kapadia waives service on behalf of the respondent No. 2. With the consent of the learned Advocates for both the parties, the matter is taken up for final hearing and disposal today.2. This Criminal Revision Application is directed against the impugned order dated 10-8-2006 passed by the learned Judicial Magistrate, First class, Gadhda, in Gadhda Police Station II C.R. No. 258 of 2005 as well as the order dated 17-6-2006 passed by the learned Sessions Court, Bhavnagar in Criminal Revision Application No. 5 of 2006 allowing the said Revision Application by imposing condition of depositing the amount of Rs. 1,50,000/- with the bank and pay the maintenance costs of animals to the Pajrapole f...
Tag this Judgment!A.N. Puniwala Vs. Bank of India and ors.
Court: Gujarat
Decided on: Apr-25-2007
Reported in: (2007)3GLR2143
M.R. Shah, J.1. As in all the three petitions common question of law and facts arise, they are being disposed of by this common judgment and order. It is required to be noted that all the three petitions were heard by this Court together on 18th April, 2007 and they were adjourned to 25th April, 1WI at the instance of the learned Advocate appearing for the respondent Bank, however, by mistake Special Civil Application Nos. 9275 of 1997 and 9276 of 1997 were adjourned to 2nd May, 2007 and only Special Civil Application No. 9277 of 1997 was notified on Board on 25th April, 2007. Considering the fact that in all the three petitions the common question of law and facts arises and were also heard earlier together, this Court has called for the papers of Special Civil Application Nos. 9275 of 1997 and 9276 of 1997 from the Registry, and thus, even the aforesaid two Special Civil Applications are also heard, decided and disposed of together by this common judgment and order.2. By way of all t...
Tag this Judgment!Vankar Ganeshbhai Nanjibhai Vs. Balubha Mohbatsinh and 3 ors.
Court: Gujarat
Decided on: Apr-23-2007
Reported in: (2007)2GLR1658
R.S. Garg, J.1. Shri S.V. Parmar, learned Counsel for the petitioner; Shri H.M.Jadeja, learned Counsel for the respondents No. 1 and 2; Ms. Nisha M. Parikh, learned AGP for the respondents No. 3 and 4.2. The short facts necessary for disposal of the present writ application are that, in ceiling proceedings against Balubha Mohabatsinh, vide order dated 20th May, 1977, certain extent of the land was declared excess and the said Balubha Mahobatsinh was directed to hand over possession of the excess land. Being aggrieved by the order dated 20th May, 1977, the said Balubha Mahobatsinh preferred an appeal before the Deputy Collector, who dismissed the same on 11.5.81. The order dated 11.5.81 was not immediately challenged within limitation, but the said Balubha Mohabatsinh under some ill-advice or because of misconception of law filed yet another appeal challenging the very same order dated 20th May, 1977 before the same Deputy Collector, the Deputy Collector dismissed another appeal vide hi...
Tag this Judgment!AMi Pigments Pvt. Ltd., thr' Its Director, R.R. Patel and Ors. Vs. Sta ...
Court: Gujarat
Decided on: Apr-23-2007
Reported in: (2009)22VST569(Guj)
J.M. Panchal, J.1. All the above numbered petitions, which are instituted under Article 226 of the Constitution, are directed against Public Circular dated September 2, 2005 issued by the Sales Tax Commissioner, State of Gujarat, whereby it is declared that the view expressed in Public Circular dated February 19, 2001 that the judgment of the Supreme Court rendered in Coastal Chemicals Limited v. Commercial Tax Officer, A.P. and Ors. : AIR1999SC3855 holding that the natural gas used as fuel cannot be treated as consumable goods, is based on the language of Section 5B of the Andhra Pradesh General Sales Tax Act, 1957, which is quite different from the language of the Gujarat Sales Tax Act, 1969 and the Rules framed thereunder and, therefore, the principle laid down by the Supreme Court in Coastal Chemicals Limited (supra) is not applicable to the cases arising under the Gujarat Sales Tax Act, 1969, is no longer valid in view of the decision of the Gujarat Sales Tax Tribunal, Ahmedabad, ...
Tag this Judgment!Vasudev Chunilal Pancholi (Decd.) Through His Heirs Narhari Vasudev Pa ...
Court: Gujarat
Decided on: Apr-23-2007
Reported in: (2007)3GLR2280
Jayant Patel, J.1. The present appeal arises against the judgment and the award passed by the reference Court dated 28-2-1996 whereby the reference is dismissed.2. The short facts appear to be that the proposal was moved for acquisition of the land belonging to the appellants admeasuring 1 Hectare 19 Are 38 sq.mtrs. (11,938 sq.mtrs.) situated at village Wadhwan. Thereafter, notification under Section 4 of Land Acquisition Act (hereinafter referred to 'as to the Act') was published on 8-11-1979. The notification under Section 6 of the Act was published on 4-11-1982 and emergency clause was applied and the possession was taken over on 30-12-1983. It appears, that thereafter, notice under Section 9 of the Act was served on 28-11-1983 and the land-owners/claimants demanded price at Rs. 60 per sq. yard. The Land Acquisition Officer passed the award on 20-5-1986 and awarded compensation at Rs. 50,000/- (Rs. 4.18 per sq.mtr.). He also awarded statutory benefit of the interest at the rate of 1...
Tag this Judgment!Parshottam Virji Patel and anr. Vs. Harijan Ramji Ruda and 3 ors.
Court: Gujarat
Decided on: Apr-18-2007
Reported in: 2008ACJ1225; (2007)2GLR1695
Jayant Patel, J.1. The short facts of the case appear to be that on 17.6.1980 at 4 p.m., near Village Shantipara on Veraval-Junagadh Highway, when the claimant was proceeding from Chorward to village Supasi in his rickshaw bearing GTW 4530, one motor truck bearing No. GTY 5204 was driven in rash and negligent manner and with an excessive speed the driver of the said truck lost control over the vehicle and the truck went off wrong side and dashed with the rickshaw of the claimant resulting into the accident and injuries to the claimant. The claimant filed Claim Petition No. 265 of 1985 before the Tribunal for the amount of Rs. 1 lac. The Tribunal after considering the evidence on record below issue No. 1 found that the driver of the truck was fully responsible for the accident and did not attribute any contributory negligence to the claimant and awarded the compensation of Rs. 24,800/- together with interest at the rate of 6% and it is under these circumstances the present appeal before...
Tag this Judgment!Jayantilal Laljibhai Kotecha Vs. Union of India (UOi) thro' the Chairm ...
Court: Gujarat
Decided on: Apr-17-2007
Reported in: (2007)3GLR2764
M.S. Shah, J.1. This petition under Articles 226 and 227 of the Constitution is directed against the judgment and order dated 30.08.2006 of the Central Administrative Tribunal, Ahmedabad in Original Application No. 532 of 2005 whereby the Tribunal rejected the Original Application and declined to stay the departmental proceedings initiated against the petitioner herein, Superintendent of Central Excise Division department of Central Excise and Custom at Jamnagar, during pendency of a criminal case. 2. The petitioner was served with the charge-sheet in the departmental inquiry on 08.12.2003 with the charge that on 14.01.2001, the petitioner was found in possession of cash disproportionate to the known sources of his income. Rs. 1,38,500/- was found from the petitioner's Car parked at the Ahmedabad airport. The petitioner was also found to be carrying Rs. 10,220/- in his brief case which was lying at the inspector's room at the airport. The petitioner was also found to be having original...
Tag this Judgment!State of Gujarat Vs. Dinesh Keshavlal Maheta
Court: Gujarat
Decided on: Apr-13-2007
Reported in: (2007)2GLR1785
R.S. Garg, J.1. Present is an application seeking condonation of delay of 115 days in filing the appeal.2. It is to be seen that the impugned judgment was delivered by the learned Additional Sessions Judge, Fast Track Court, Dhrangadhra in Criminal Appeal No. 13 of 2003. The certified copy of the judgment was applied on 18th February, 2005 and was received on 19th February, 2005. It is not in dispute before me that the appeal against acquittal or an application seeking leave to file appeal against acquittal is required to be filed within ninety days including the days spent for obtaining the certified copy of the impugned judgment. It would appear that right from 19th February, 2005 to 26th April, 2005, the learned Public Prosecutor, Surendranagar did not do anything. He was sitting over the matter and for the first time, sent his proposal on 26th April, 2005, which was received in the Legal Department on 28th April, 2005 and in the concerned Branch on 29th April, 2005. The file was pr...
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