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Gujarat Court January 2011 Judgments

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Jan 20 2011

Pratibhaben Nathalal PanchamiyA. Vs. State of Gujarat Through Secretar ...

Court: Gujarat

Decided on: Jan-20-2011

1. Notice. Mr.Maulik G. Nanavati, learned Assistant Government Pleader waives service of Notice for respondent No.1.2. This petition under Article 226 of the Constitution of India has been filed, with the following prayers :"This Honourable Court may be pleased to issue a writ of mandamus or any other writ, order or direction :A) Directing the Respondents to apply the judgment dt.18.2.2010 passed in Special Civil Application No.324 of 2010 in the case of the petitioner and grant 1^st higher grade scale to the petitioner from 13.10.1987 i.e. after completion of 9 years of service from the date of appointment instead of 11.11.1993 and grant her consequential benefits accordingly.B) During the pendency and final disposal of this petition, the Respondents may be directed to reconsider the case of the petitioner for grant of higher grade scale w.e.f. 13.10.1987 in light of the judgment dt.18.2.2010 passed in Special Civil Application No.324 of 2010.C) To grant such and further relief as ma...


Jan 20 2011

Sandeep Jawarlal Guchala (Soni). Vs. State of Gujarat.

Court: Gujarat

Decided on: Jan-20-2011

1. The present application has been filed by the applicant-accused under Section 439 of Criminal Procedure Code for regular bail after filing of the charge sheet.2. The applicant accused is charged with having committed offences under Sections 409, 465, 467, 471 and 114 of the Indian Penal Code, for which, FIR being I-C.R.No.74/2010 has been lodged at Vadodara Railway Police Station.3. Learned counsel, Mr.Anandjiwala for the applicant has argued the matter for some time and made alternate submission with regard to depositing some amount without prejudice to his rights and contentions. He has also submitted that his client will deposit Rs.3.00 lacs, for which, five weeks may be granted.4. Learned A.P.P., Mr.Pandya resisted the present application.5. As the alternate submission has been made, considering the contention with regard to the role and manner in which the offence is alleged to have been committed, the Court is of the opinion that the present application deserves to be allowed ...


Jan 20 2011

Ratanben Chanbhai Patel. Vs. State of Gujarat Through Secretary and an ...

Court: Gujarat

Decided on: Jan-20-2011

1. Notice. Mr.Maulik G. Nanavati, learned Assistant Government Pleader waives service of Notice for respondent No.1.2. This petition under Article 226 of the Constitution of India has been filed, with the following prayers:"This Honourable Court may be pleased to issue a writ of mandamus or any other writ, order or direction:A) Directing the Respondents to apply the judgment dt.18.2.2010 passed in Special Civil Application No.324 of 2010 in the case of the petitioner and grant 1^st higher grade scale to the petitioner from 29.10.1986 i.e. after completion of 9 years of service from the date of appointment instead of 11.11.1993 and grant her consequential benefits accordingly.B) During the pendency and final disposal of this petition, the Respondents may be directed to reconsider the case of the petitioner for grant of higher grade scale w.e.f. 29.10.1986 in light of the judgment dt.18.2.2010 passed in Special Civil Application No.324 of 2010.C) To grant such and further relief as may b...


Jan 20 2011

Patel Natvarbhai Dharmabhai. Vs. Bhatt Subhashchandra Dahyabhai Admn. ...

Court: Gujarat

Decided on: Jan-20-2011

1. This petition is directed against the order passed below Exhibit-14 in Misc. Civil Appeal No. 49/2010 by the learned Presiding Officer, Fast Track Court No.2, Gandhinagar, Camp at Kalol dated 16.09.2010, whereby, the said application came to be rejected.2. The facts in brief are that the petitioner herein, original plaintiff, had filed R.C.S. No.35/2010 against the respondents, original defendants inter alia praying that the respondents be directed to specifically perform the agreements entered into with respect to land situated at Block No.92 of Village Nardipur, Taluka Kalol, District Gandhinagar. Along with the said suit, the petitioner had also filed application Exhibit-5 seeking a prayer that the respondents be directed not to disturb his possession from the land in question. In the said proceedings, the respondents filed application Exhibit-22 seeking counter injunction.3. After considering the evidence on record, the trial Court rejected Exhibit-5 application preferred by the...


Jan 20 2011

Umreth Visha Khadayata Vanik Vadi and Ganpatiji Temple. Vs. Dave Deves ...

Court: Gujarat

Decided on: Jan-20-2011

1. Heard learned advocate Mr.M.B.Gandhi for petitioner.2. In this Civil Revision Application, the petitioner has challenged order passed by Additional Civil Judge, Umreth in Civil Suit No.106 of 1992, below Exh.115, dated 24.9.2010. The Additional Civil Judge, Umreth has rejected said application made by petitioner under Order 14 Rule 2 of Civil Procedure Code.3. However, today learned advocate Mr.Gandhi submitted that matter being an old matter of 1992 and therefore, some suitable directions may be issued to trial Court so that trial Court may frame all the issues including preliminary issue raised by petitioner and also decide entire civil suit within some reasonable time.4. I have considered submissions made by learned advocate Mr.Gandhi and also perused the order passed by trial Court below Exh.115 in Civil Suit No.106 of 1992. Considering submissions made by learned advocate Mr.Gandhi and the matter is of 1992 and question of jurisdiction has been raised by way of application made...


Jan 20 2011

Ashokkumar Hiralal Thakkar. Vs. State of Gujarat and ors.

Court: Gujarat

Decided on: Jan-20-2011

1. By way of this petition, the petitioner has prayed to quash and set aside the order dated 5/6.5.1998 passed by the respondent No.1 and direct the respondent No.3 to grant permission to the petitioner for putting up construction on the land allotted to the petitioner in pursuance to the order dated 2.6.1994 passed by the learned Collector, Mehsana, respondent No.2 herein.2. The petitioner applied to the Collector, Mehsana for grant of 225 Sq. Mtr. of land at "Gugad-Patti", Patan out of 17.278.12 Sq. Mtr. of land reserved for industrial purpose in Revenue Survey No.41/1 paiki, Sheet No.98, City Survey No.2145 for starting a motor vehicle repairing service station in March, 1993. Thereafter, the City Survey Superintendent, Patan prepared a Darkhast in pursuance to the application of the petitioner for grant of 225 Sq. Mtr. of land. The City Survey Superintendent, Patan had recommended the case of the applicant for grant of land. Subsequently, the Darkhast was forwarded to the Prant Off...


Jan 20 2011

Ushaben Mukundbhai Desai. Vs. State of Gujarat Through Secretary and a ...

Court: Gujarat

Decided on: Jan-20-2011

1. Notice. Mr.Maulik G. Nanavati, learned Assistant Government Pleader waives service of Notice for respondent No.1.2. This petition under Article 226 of the Constitution of India has been filed, with the following prayers :"This Honourable Court may be pleased to issue a writ of mandamus or any other writ, order or direction :A) Directing the Respondents to apply the judgment dt.18.2.2010 passed in Special Civil Application No.324 of 2010 in the case of the petitioner and grant 1^st higher grade scale to the petitioner from 2.6.1987 i.e. after completion of 9 years of service from the date of appointment instead of 11.11.1993 and grant her consequential benefits accordingly.B) During the pendency and final disposal of this petition, the Respondents may be directed to reconsider the case of the petitioner for grant of higher grade scale w.e.f. 2.6.1987 in light of the judgment dt.18.2.2010 passed in Special Civil Application No.324 of 2010.C) To grant such and further relief as may b e...


Jan 20 2011

Hansaben Ukkadbhai Solanki. Vs. State of Gujarat Through Secretary and ...

Court: Gujarat

Decided on: Jan-20-2011

1. Notice. Mr.Maulik G. Nanavati, learned Assistant Government Pleader waives service of Notice for respondent No.1.2. This petition under Article 226 of the Constitution of India has been filed, with the following prayers :"This Honourable Court may be pleased to issue a writ of mandamus or any other writ, order or direction :A) Directing the Respondents to apply the judgment dt.18.2.2010 passed in Special Civil Application No.324 of 2010 in the case of the petitioner and grant 1^st higher grade scale to the petitioner from 4.6.1988 i.e. after completion of 9 years of service from the date of appointment instead of 28.2.1995 and grant her consequential benefits accordingly.B) During the pendency and final disposal of this petition, the Respondents may be directed to reconsider the case of the petitioner for grant of higher grade scale w.e.f. 4.6.1988 in light of the judgment dt.18.2.2010 passed in Special Civil Application No.324 of 2010.C) To grant such and further relief as may b e ...


Jan 20 2011

Param Udhyog Through Partner Mehul D Patel. Vs. State of Gujarat Throu ...

Court: Gujarat

Decided on: Jan-20-2011

1. Learned advocate Mr. Amit Panchal with Ms. Shivani Rajpurohit for the petitioner seeks permission to produce document as part of Annexure 'A' collectively, which is inadvertently missed.2. It is permitted to be added as pages 23-A, 23-B and 23-C.3. Heard learned advocate Mr. Panchal for the petitioner. The learned advocate for the petitioner invited attention of the Court to order passed by this Court in Special Civil Application No. 5703 of 2008 and other matters (Coram: Honourable Mr. Justice Jayant Patel) dated 31^st July 2008, whereby, the Court directed the authorities to decide the application of the petitioners/applicants, relevant part of which reads as under:"In view of the above, it is hereby directed that if the petitioners submit Impact for Sanctuary and Wildlife Assessment Report to the respondent Authority, all applications of the petitioners/applicants shall be taken up immediately and the decision shall be taken by the respondent Authority within a period of two week...


Jan 20 2011

Babubhai Odhavjibhai Patel. Vs. State of Gujarat.

Court: Gujarat

Decided on: Jan-20-2011

1. It is pointed out that in this note due to oversight and inadvertent statement made before this Court on 18.1.2011 when anticipatory bail application was called and disposed of.2. In the order dated 18.1.2011, following statements has been recorded:"2. Counsel for the petitioner submitted as directed by Division Bench of this Court, the petitioner is already deposited 50% of the supplementary bill with the electricity company. He submitted that though previously, the petitioner has challenged the vires of the provisions of the Electricity Act, 2003 and also separately prayed for quashing of the complaint, the quashing petition has since been withdrawn".3. It is stated that no amount has been paid towards the supplementary bill and reconnection has also not been ordered. Counsel, however, submitted that petitioner is ready to deposit 50% of the supplementary bill amount.4. In the order dated 18.1.2011 in para-2, following statements have been recorded."2. Counsel for the petitioner s...


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