Court : Gujarat
Decided on : May-10-2011
..... further submitted that the applicant was agricultural labour and he was given the permission to cultivate the land and accordingly, he acquired right under the bombay agricultural tenancy act as labour for cultivating land. he, therefore, submitted that this aspect has not been considered by the courts below resulting into miscarriage of justice. he pointedly ..... is put to a non-agricultural use, it shall be covered within the definition of the premises. he, therefore, submitted that section 5(8) of the rent act defines the premises and it has been discussed in this judgment. therefore, learned counsel, mr.h.m. parikh submitted that the agricultural land or small portion of ..... and distinct claims of more than one are sought to be vindicated in one single proceedings, as the one now before us, under the land acquisition act or in similar nature of proceedings and/or claims in assertion of individual rights of parties are clubbed, consolidated and dealt with together by the courts concerned .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-15-2011
..... was not inclined to entertain the petition in view of the availability of the statutory alternative remedy against the order passed under section 7 clause 'a' of the act, but the learned single judge found the action of the appellant authorities a bit arbitrary, and therefore, entertained the petition. 5. record also reveals, particularly, ..... the prescribed period of limitation to file appeal expires, cannot be held as just and proper action. learned single judge also took the view that although the act may not have expressly provided for any time limit, for which, the adjudicating authority or the recovery officer should refrain from taking coercive action and / or ..... . 26. in view of the aforesaid discussion, our final conclusions can be summarized as under: (i) in the absence of any specific provision in the act prohibiting or restraining the authorities from taking any further action of recovery of the amount due and payable by the employer, it is always permissible for the authorities .....
Tag this Judgment!Court : Gujarat
Decided on : May-05-2011
..... when the authorities have proceeded under regulation no.16, they cannot allege fraud or presumed or assumed fraud only because, according to the corporation, the appellant acted in a manner prejudicial to the interest of the corporation. in this regard, we shall quote few important paragraphs of the judgment delivered by this bench ..... the decision itself is administrative, dictated by policy and expediency. but the procedure is subject to the principles of natural justice, which require the minister to act fairly towards the objections and not (for example) to take fresh evidence without disclosing it to them. a quasi-judicial decision is therefore an administrative decision ..... counsel for the respondent, it is true that mere presence of one or two attributes of a quasi-judicial authority would not make an administrative act as quasi-judicial act. in some case, an administrative authority may determine question of fact before arriving at a decision which may affect the right of an appellant .....
Tag this Judgment!Court : Gujarat
Decided on : May-04-2011
..... , if any, of the appellant as a tenant. the respondent also filed an application before the bombay high court under section 8 of the arbitration act [old act] praying that the 2^nd respondent might be appointed as the sole arbitrator to decide the dispute between the parties under the leave and license agreement. ..... requested for fixation of standard rent and claimed other reliefs. over and above the suit, the appellant filed an application under section 33 of the arbitration act [old act] for declaration that the arbitration clause in the agreement was invalid, inoperative, etc., and the bombay high court dismissed said application on the ground that ..... specifically stated that mohansingh brought the tenancy rights in the subject premises to the stock of the partnership firm as contemplated under section 14 of the partnership act. it is submitted that thereafter, from time to time, on account of death of either mohansingh or chandansingh, respective heirs of deceased partners were inducted .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-03-2011
..... amount to the satisfaction of the lower court and subject to the conditions that, he shall:(1). not take undue advantage of his liberty or abuse his liberty;(2). not act in a manner injurious to the interest of the prosecution;(3). maintain law and order;(4). mark his presence before the concerned police station on every 1^st and 15 .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-25-2011
1. The petitioner original judgment debtor has filed this Civil Revision Application under Section 115 of Civil Procedure Code challenging the order passed by the learned Civil Judge (J.D.) Mehsana below an application Ex.52 in Special Darkhast No.34 of 1991 whereby the said application was rejected.2. This Court has issued notice on 27.12.2002 and, thereafter, Civil Revision Application was admitted and rule was issued on 11.3.2003.3. Heard Mr. R.C.Jani, learned advocate appearing for the petitioner. Mr.P.G.Desai, learned advocate has filed his appearance on behalf of the respondent Bank.4. It is the case of the petitioner that the petitioner had taken loan of Rs.50,000/- from the respondent Bank and for the said purpose, the goods worth Rs.6 lacs were placed under pledge/hypothecation with the Bank. Since the decree was passed against the petitioner, the petitioner had requested to the respondent Bank to recover the dues by selling the goods which are under possession of the responde...
Tag this Judgment!Court : Gujarat State Consumer Disputes Redressal Commission SCDRC Ahmedabad
Decided on : Oct-17-2011
Mrs. Jyoti P. Jani, Member: 1. The original opponent being aggrieved by and dissatisfied with the judgment and order passed by the Consumer Disputes Redressal Forum, Surat (Addl.) in Complaint No. 512 of 2008 dated 7.3.2009 whereby the complaint came to be allowed has filed the appeal for the sake of convenience, parties to this appeal are hereinafter referred to by their original nomenclature. 2. Short facts of the case are the complainant and his family had mediclaim policy from the opponent Insurance Company. During the subsistence of the policy, the complainants son was admitted on 7.3.2008 in the hospital and was diagnosed as acute viral hepatitis for which Rs. 23,143 were incurred as medical expenses. He was discharged from the hospital on 14.3.2008. The claim was lodged before the opponent Insurance Company which was repudiated on 28.4.2008 on the ground that the concerned hospital is unregistered and does not have operation theatre facility. Hospital must be registered or 15 be...
Tag this Judgment!Court : Gujarat State Consumer Disputes Redressal Commission SCDRC Ahmedabad
Decided on : Aug-29-2011
..... v. b.s. agricultural industries (i), report in ii (2009) cpj 29 (sc)=ii (2009) slt 793, it has been held that under section 24-a of the consumer protection act, 1986 a consumer forum is under duty to dismiss the complaint filed beyond the period of limitation if sufficient cause of delay is not shown. the same principle was adopted .....
Tag this Judgment!Court : Gujarat State Consumer Disputes Redressal Commission SCDRC Ahmedabad
Decided on : Oct-17-2011
..... earlier contractor. the complainants purpose of floating the scheme was to earn profits. the complainants therefore is not consumer as defined under section 2(d) of the act. the complainant no. 4 has cancelled the power of attorney of first complainant because of certain dispute in regard to sharing of the profits, etc. the complainants ..... (sc)=(1995) 3 scc 583, has clearly spelt out the status of consumer fora inter alia stating that the quasi judicial bodies/authorities/agencies created by the act known as district forum, state commission and the national commission are not courts though invested with some of the powers of a civil court. they are quasi ..... goods and services purchased and availed by them in a market dominated by large trading and manufacturing bodies. indeed the entire act revolves round the consumer and is designed to protect his interest. the act provides for business to consumer disputes and not business to business disputes. in a recent case of milan barot v. mukesh .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-04-2011
1. The challenge in this petition preferred under Article 226 of the Constitution of India, is to the rejection of the candidature of the petitioner by respondent No.2 Gujarat Public Service Commission (GPSC), on the ground that the petitioner does not possess the requisite qualifications for the post of Lecturer in the discipline of Mechanical Engineering. It is, interalia, prayed that the decision of the GPSC rejecting the candidature of the petitioner on the ground that he has not scored 75 percentile in the Graduate Aptitude Test in Engineering (GATE), be quashed and set aside and the petitioner be declared as eligible to be considered for appointment to the post of Lecturer, Class-II, in the Government Engineering Colleges and Polytechnics in the State of Gujarat.2. The relevant factual background is that the GPSC published Advertisement No.186 dated 16.02.2010, calling for applications from eligible candidates to fill up the posts of Lecturers in Government Engineering Colleges a...
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