Gujarat Court September 2014 Judgments
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Rutu Tushar Vacchani Vs. Devyaniben Satishbhai Patel
Court: Gujarat
Decided on: Sep-05-2014
1. These petitions arise out of a common background. We may refer to facts as emerge in IAAP No. 13/2014. The petitioner seeks appointment of an arbitrator to resolve the disputes between the petitioner and the respondent arising out of an agreement dated 5.8.2002 titled as leave and license agreement. Under such agreement, the petitioner was put in possession of an immovable property in the nature of a shop on 1.6.2002 and was allowed to use the same upto 31.5.2012 for a period of 10 years with agreed rent of Rs. 2500/- per month revised by 15% every three years. Undisputedly, the petitioner enjoyed the use, occupation and possession of the said property for the period envisaged in the agreement. The petitioner however, wanted to continue to use the said property on the same or similar terms. It appears that the petitioner and the respondent did try to work out fresh arrangement. The same however, did not materialise. Apprehending eviction, the petitioner moved the Civil Court for int...
Patel Hetalkumar Dahyabhai and Others Vs. State of Gujarat and Another
Court: Gujarat
Decided on: Sep-05-2014
J.B. Pardiwala, J. 1. This application is at the instance of the original petitioners of Special Civil Application No.16647/2005 for review of our order dated 3/7/2013, by which we rejected the Special Civil Application no.16647/2005 and other allied writ- petitions. 2. Controversy in the main writ-petition : The main writ-application and the other allied petitions were heard together and were disposed of by a common judgment and order dated 3rd July, 2013. 2.1 The applicants herein had challenged the recruitment to the post of "Vidya Sahayaks" which were filled-in pursuant to the advertisement published by the opponents dated 20/7/2004, mainly on the ground that at the time of making the said recruitment, the State authorities failed to provide for full 15% reservation for the members of the Scheduled Tribes. The recruitment was at the instance of the Dahod District Panchayat and Bhavnagar District Panchayat. 2.2 The applicants had applied for being appointed as "Vidya Sahayaks" pursu...
Dineshchandra Viththalbhai Patel Vs. State of Gujarat and Another
Court: Gujarat
Decided on: Sep-05-2014
1. By this writ application in the nature of a Public Interest Litigation, the petitioner a resident of Ahmedabad has prayed for the following reliefs : "(A) Direct the respondents to forthwith stop the practice of calling the applicant personally who applies for the renewal or duplicate of the driving license in the electronic form 7 (smart card); (B) Pending the hearing and disposal of the petition, the Honourable Court be pleased to direct the respondents to issue the driving license duly renewed or the duplicate thereof without insisting on the presence of the applicant and deliver the same by hand delivery without insisting to issue the same by speed post; (C) Direct the respondents to make the arrangement in the software in the computer so as to include all the classes of motor vehicles allowed to drive; (D) Be pleased to pass such other and further order/s, grant such other reliefs as may be deemed just and proper in the facts and circumstances of the present case." 2. The case ...
Muktipark Co Operative Society Vs. Ahmedabad Municipal Corporation
Court: Gujarat
Decided on: Sep-05-2014
J.B. Pardiwala, J. 1. By this writ-application in the nature of a public interest litigation, the petitioners have brought to our notice that just adjoining to their residential flats situated near the Sola Railway Crossing, Sola, Ahmedabad, the respondent No.2, Reliance Jio Infocomm Limited, a company engaged in the business of telecommunications, has erected a Base Transceiver Station (BTS), popularly known as "the Wi-Fi Mobile Tower", in violation of the guidelines issued by the respondent No.4, Union of India, which is likely to cause a potential health hazard due to the emission of radio active waves from the said tower. 2. The case made out by the petitioners may be summed up thus: 2.1 The petitioners are residents of Malhar Flats, situated near the Sola Railway Crossing, Sola, Ahmedabad. The residents of the Malhar Residential Flots have formed a Society, known as "the Muktipark Co-operative Society, Part IV", registered under the Gujarat Cooperative Societies Act. The petitione...
Shashikant Mohanlal Thacker Vs. State Election Commission and Another
Court: Gujarat
Decided on: Sep-05-2014
J.B. Pardiwala, J. 1. By this writ-application, in the nature of a public interest litigation, the petitioner, a practicing advocate, as prayed for the following reliefs: "12. .... (a) To issue appropriate writ, order or direction and to quash and set aside the impugned orders at Annexure-D colly and be further pleased to hold and declare that the same are illegal, and continuation and implementation of the same violates Article 243 (K) of the Constitution of India; (b) To hold and declare that under Article 243 K of the Constitution of India no powers of State Election Commission can be delegated to the State Authorities for holding election of village Panchayat except provided under section 20 (2) for preparation of electoral roll; (c) Such other and further relief/s which may be deemed just and necessary in the facts of the case may be granted;" 2. The case made out by the petitioner may be summed up thus: 2.1 According to the petitioner, under the repealed Gujarat Panchayats Act, o...
Sultanabad Bhimpore Social and Environmental Protection and Another Vs ...
Court: Gujarat
Decided on: Sep-05-2014
J.B. Pardiwala, J. By this writ-application in the nature of a public interest litigation, the petitioner, a committee of individuals constituted for the protection of environment, more particularly concerned with Sultanabad, Bhimpore and Dumas villages of the Surat district, has prayed for the following reliefs : "(A) Your Lordships may be pleased to restrain the respondents herein from implementing the Town Planning Scheme No.79-80 (Sultanabad-Bhimpore) and they may be directed to keep the said Town Planning Scheme in status-quo position and not to act in furtherance of the said Town Planning Scheme and the said Town Planning Scheme No.79-80 (Sultanabad- Bhimpore) be quashed and set aside by an appropriate writ of this Hon'ble Court and/or writ of mandamus be issued to the respondents to withdraw the said Town Planning Scheme; (B) Your Lordships may be pleased to issue a writ of mandamus and/or any other appropriate order or direction directing the State Government to withdraw Town P...
Govindbhai V. Makwana - Accountant and Others Vs. State of Gujarat and ...
Court: Gujarat
Decided on: Sep-05-2014
Bhaskar Bhattacharya, CJ. 1. By filing this Special Civil Application, the employees of Limbdi Nagarpalika, Limbdi, Dist. Surendranagar has prayed for the following reliefs. "7(B) Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction quashing and setting aside the impugned order dated 21.6.2013 which is at Annexure-A to this petition and all consequential orders and further be pleased to restore to the employees of the Limbdi Nagar Palika the salary in the pay scale recommended by the Fifth Pay Commission. 1.1 Subsequently, by filing a draft amendment, the petitioners have made the following further prayers. "7(BB) Your Lordships may be pleased to declare circular No. PGR/122009/1127/R dated 16.09.2010 and No. PGR/1098/83/R dated 2.6.1998 which are at Annexure:-W collectively, ultra vires the mandate of part 9 and Part 9A of the Constitution of India, so also ultra vires the mandate of Article 14 ...
Muktipark Co Operative Society Vs. Ahmedabad Municipal Corporation
Court: Gujarat
Decided on: Sep-05-2014
J.B. Pardiwala, J. 1. By this writ-application in the nature of a public interest litigation, the petitioners have brought to our notice that just adjoining to their residential flats situated near the Sola Railway Crossing, Sola, Ahmedabad, the respondent No.2, Reliance Jio Infocomm Limited, a company engaged in the business of telecommunications, has erected a Base Transceiver Station (BTS), popularly known as "the Wi-Fi Mobile Tower", in violation of the guidelines issued by the respondent No.4, Union of India, which is likely to cause a potential health hazard due to the emission of radio active waves from the said tower. 2. The case made out by the petitioners may be summed up thus: 2.1 The petitioners are residents of Malhar Flats, situated near the Sola Railway Crossing, Sola, Ahmedabad. The residents of the Malhar Residential Flots have formed a Society, known as "the Muktipark Co-operative Society, Part IV", registered under the Gujarat Cooperative Societies Act. The petitione...
Amarshibhai Baghubhai Budheliya Vs. State of Gujarat and Others
Court: Gujarat
Decided on: Sep-01-2014
Oral Judgment: R.P. Dholaria, J. 1. Heard learned counsel Mr. Samir Afzal Khan for the appellant. Admit. Learned Assistant Government Pleader Mr. Vishal Patel waives service of notice of admission on the respondents. At the request of learned advocates for the parties, the matter is taken up for final hearing. 2. Being aggrieved by the common judgment and order dated 16th July 2014 passed in Special Civil Applications No. 9207 to 9227 of 2014, the present appellant, being the petitioner of Special Civil Application No. 9215 of 2014, has preferred this Letters Patent Appeal. The main contention of the appellant is that the authorities under the Gujarat Stamp Act, 1958 found out the alleged deficit stamp duty, which was not paid while executing their respective sale deeds. Consequently, he was served with a notice for payment of deficit stamp duty. 3. Being aggrieved by the aforesaid notice, the appellant has preferred a reference application before the Chief Controlling Revenue Authorit...
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