Gujarat Court April 2007 Judgments
Executive Engineer, Narmada Canal Project and anr. Vs. Thakor Pradhanj ...
Court: Gujarat
Decided on: Apr-12-2007
Reported in: (2007)2GLR1678
Jayant Patel, J.1. The short facts of the case appears to be that the proposals were made for acquisition of the lands for Narmada Canal Project Unit 18, Mehsana for the lands situated at village Tejpura. Thereafter, the notification was published under Section 4 of the Land Acquisition Act (hereinafter referred to as 'the Act') on 10-2-1995 in the Government Gazette. The notification under Section 6 of the Act was published on 29-6-1995 and the proceedings under Section 9 of the Act were initiated by the Land Acquisition Officer (hereinafter referred to 'L.A.O.'). Thereafter, the award came to be passed on 1-11-1996 by the Special L.A.O. and he awarded the compensation at the rate of Re. 1-10 per sq.mtr., for non-irrigated land and Re. 1-65 per sq.mtr., for irrigated land (Rs. 11,000/- per hectre for non-irrigated land and Rs. 16,500/- per hectre for irrigated land). The land-owner/claimants were not satisfied with the compensation award by the L.A.O., and therefore, the disputes were...
Tag this Judgment!Bank of India Vs. Pankaj Dilipbhai Hemnani and ors.
Court: Gujarat
Decided on: Apr-12-2007
Reported in: AIR2007Guj201; I(2008)BC355; (2007)2GLR1810
D.A. Mehta, J.1. In light of the view that the Court is inclined to take, the petition is taken up for final hearing. Rule. The learned Advocates appearing for the respective parties are directed to waive service.2. This petition has been filed praying for the following reliefs:8. On the facts and circumstances mentioned hereinabove, the petitioner prays to Your Lordships that:(A) Be pleased to admit the present petition for final disposal at admission stage.(B) Be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction to quash and set aside the impugned judgment and order passed by the District Magistrate, Vadodara-respondent No. 3 herein M.A.G. Vashi No. 776 of 2006 dated 28-6-2006 and to pass further order directing respondent No. 3 to pass fresh decision on the application under Section 14 of the Securitisation Act.(C) Pending admission and final disposal of the petition, this Hon'ble Court may be pleased to dir...
Tag this Judgment!Praful Vashrambhai Vs. Gujarat State Road Transport Corporation and or ...
Court: Gujarat
Decided on: Apr-12-2007
Reported in: 2008ACJ2230; (2007)3GLR2642
Jayant Patel, J.1. All the appeals are for enhancement of the compensation than awarded by the Tribunal as per its judgment and award dated 10-11-1987 in Claim Petition Nos. 745, 760 and 761 of 1983. It may be recorded that Appeal No. 1099 of 1988 is preferred against the award in M.A.C.P. No. 760 of 1983, whereas Appeal No. 1100 of 1988 is preferred against the award in M.A.C.P. No. 761 of 1983 and Appeal No. 1101 of 1988 is preferred against award in M.A.C.P. No. 745 of 1983. As common questions arise for consideration, they are being considered by this common judgment.2. The short facts of the case appear to be that all the claimants-appellants were traveling in S.T. Bus bearing Registration No. GRR 8136. As per the claimants on 27-4-1983 at about 7 a.m., to 7-30 a.m., on the highway running between Fedara to Dhandhuka, the aforesaid S.T. Bus bound for Gariadhar from Ahmedabad. While proceedings from Fedara to Dhandhuka side, when was passing, with one truck bearing Registration No....
Tag this Judgment!Naginbhai Ambalal Solanki Vs. State of Gujarat
Court: Gujarat
Decided on: Apr-10-2007
Reported in: (2008)1GLR534
A.L. Dave, J.1. The appellant came to be tried by the Sessions Court, Mehsana camping at Patan for the offence of murder of Mevabhai Maganbhai Solanki allegedly committed by the appellant on 19.8.1998 at the Civil Hospital, Patan by administering poison to deceased Mevabhai intravenous.2. The prosecution case in brief is that the appellant had lured certain persons to part with money for securing a job in the government hospital. Accordingly, deceased Mevabhai had collected money to the tune of Rs. 1,60,000/- and had approached the appellant for making the payment. The appellant, however, had other plans, He, in order to grab the money, planned a murder of Mevabhai. He, therefore, made Mevabhai to consume liquor and then by preparing false case paper in name of his own brother made deceased to lie down and then brought bagon spray and, thereafter, infused the same in the body of the deceased along with intravenous fluid. Thereafter, he took the deceased in an autorickshaw to Harij and ...
Tag this Judgment!Dr. Purshottam Swaroopchand Soni Vs. the State of Gujarat
Court: Gujarat
Decided on: Apr-05-2007
Reported in: (2007)2GLR2088
K.S. Jhaveri, J.1. The petitioner has prayed to quash and set aside the judgement and order dated 3rd June 2006 passed below Exhibit 41 in Sessions Case No. 160 of 2002 by the Additional Sessions Judge, Viramgam and to direct that further investigation be made by an independent agency unconnected with present investigation machinery to conduct Brain Mapping/Brain Finger Printing Test of the accused.2. The petitioner had lodged First Information Report being C.R. No. I 30 of 2002 with Mandal Police Station in connection with the murder of his wife on 25th June 2002. During the course of investigation the petitioner came to be arrested in connection with the said complaint on 30th June 2002.2.1 According to the Investigating Officers, the petitioner has taken the officers to the place where allegedly he had hidden his clothes and weapon of the crime. According to the investigating agency, they have recovered 'Surgical Blade' and 'bloodstained clothes of the accused'. However, according t...
Tag this Judgment!Bansilal Babuji Vanjara Vs. State of Gujarat
Court: Gujarat
Decided on: Apr-04-2007
Reported in: 2007CriLJ2879
D.H. Waghela, J.1. The petitioner has invoked the provisions of Section 397 of the Code of Criminal Procedure, 1973 (for short, 'the Code') upon being convicted and sentenced to two years of rigorous imprisonment and fine of Rs. 3,000/- for the offences punishable under Sections 304-A and 279 of the Indian Penal Code, 1860 and Sections 184, 177 and 134 of the Motor Vehicles Act, 1988; and after that order dated 12-3-1998 of learned Metropolitan Magistrate being confirmed by the judgment and order dated 22-1-1999 of learned Additional Sessions Judge in his Criminal Appeal No. 40 of 1998. Both the lower Courts have recorded concurrent findings of fact after appreciation and analysis of evidence regarding identity and negligence of the petitioner and rejected the prayer of granting the benefit of probation to the petitioner.2. Learned Counsel for the petitioner, Mr. R.G. Chhara, referred to the evidence of eye witnesses at Ex. 7, 10 and 14 to reiterate that negligence was inferred without...
Tag this Judgment!Dhirajlal Zaverdas Parmar Vs. Managing Director, Gujarat State Develop ...
Court: Gujarat
Decided on: Apr-04-2007
Reported in: (2008)1GLR189
M.R. Shah, J.1. By way of this petition under Article 226 of the Constitution of India, the petitioner, ex-Agricultural Assistant, has prayed for an appropriate writ, direction or order quashing and setting aside the order dated 30th May, 1997 and the letter dated 25/26-6-1997 pertaining to recovery of an amount of Rs. 35,712, with a further prayer for an appropriate order directing the respondents to return the aforesaid amount of Rs. 35,712 to the petitioner.2. It is the case on behalf of the petitioner that the petitioner was appointed on 1-11-1960 as Agricultural Assistant under the Agricultural Department of the State of Gujarat; he came to be retired from Government service from 21-10-1991 without earning any promotion; and he came to be absorbed in Gujarat State Land Development Corporation, Gandhinagar on permanent basis where he continued upto 30th June, 1996 till he reached the age of 58 years. It is the case on behalf of the petitioner that the Government of Gujarat issued R...
Tag this Judgment!Manubhai Chhaganbhai Thakore Vs. Union Bank of India and 2 ors.
Court: Gujarat
Decided on: Apr-03-2007
Reported in: (2007)3GLR2629; (2008)IILLJ226Guj
K.A. Puj, J.1. The appellant original petitioner has filed this Letters Patent Appeal under Clause-15 of the Letters Patent challenging the order passed by the learned Single Judge on 23.6.2005 in Special Civil Application No. 15105 of 2004 whereby the petition was dismissed with cost of Rs. 5,000/-. 2. Civil Application No. 4678 of 2006 is filed praying for stay against the operation and implementation of the order dated 23.6.2005 passed by the learned Single Judge in Special Civil Application No. 15105 of 2004 and further praying for stay against the order dated 5.1.2002 issued by the opponent Bank whereby the applicant original petitioner's resignation was accepted with immediate effect. 3. At the time of admission hearing of the Appeal and while considering the Civil Application, this Court has passed an order on 1.5.2006 permitting the applicant original petitioner to submit the representation to the opponent Bank. The Court further observed that as and when such a representation ...
Tag this Judgment!Kotda Deyodar Gram Panchayat Vs. State of Gujarat and 3 ors.
Court: Gujarat
Decided on: Apr-03-2007
Reported in: (2007)3GLR1848
R.S. Garg, J.1. Heard Mr.Ketan Shah, learned Counsel for the petitioner, Ms.Nisha Parikh, learned Assistant Government Pleader for the respondent No. 1 State, None for the respondent No. 2 and Mr.K.B. Pujara, learned Counsel for the respondent Nos.3 and 4 in Special Civil Application No. 5885 of 1997 and Mr.K.B. Pujara, learned Counsel for the petitioner and Mr.Ketan Shah, learned Counsel for the respondent in Special Civil Application No. 7661 of 1997.2. Kotda Deyodar Gram Panchayat was a Gram Panchayat duly constituted under the provisions of Gujarat Panchayats Act, 1961 (since repealed) and according to the petitioner, would be deemed to be duly constituted under the provisions of Gujarat Panchayats Act, 1993. The Panchayat decided to impose octroi on the goods brought within local limit of the Panchayat and thereafter, made a proposal for the same. The Panchayat issued a public notice on dtd.28/12/1996, in accordance with Rule 3 of Gujarat Gram and Nagar Panchayats Taxes and Fees R...
Tag this Judgment!Oriental Insurance Co. Ltd. Vs. Abdul Karim Ismail Mistry and 2 ors.
Court: Gujarat
Decided on: Apr-02-2007
Reported in: (2007)3GLR2584
Jayant Patel, J.1. The short facts of the case are that as per the claimant, on 24.9.1984 at about 8.30 a.m., while going for his job, he was standing opposite shop of Krishna Gramophone Company in Nichwas Bazaar, Godhra, and at that time one jeep bearing No. GAF 9766 being driven with speed and in rash and negligent manner, dashed with the claimant and due to the same, the claimant sustained injury of fracture on his left leg. The claim petition was filed being No. 66 of 1985 in the Tribunal. The Tribunal ultimately passed the judgement and award on 18.8.1990, whereby the amount of compensation was fixed of Rs. 31,000/- plus interest and cost and it is under these circumstances, the present appeal is preferred by the appellant Insurance Company.2. Heard Mr. Parikh, learned Counsel for Mr. Mehta for the appellant and Mr. Joshi, learned Counsel for the original claimant - respondent No. 1 herein. Respondents No. 2 and 3 are served, but nobody has appeared on their behalf.3. Considered t...
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