Court : Gujarat
Decided on : Apr-04-1989
Reported in : (1989)2GLR891
..... freely because of the heavy traffic. even though the members of the petitioners-association started to function in the cabin some years back, due to the population explosion, the town has become crowded and the cabins which are now on the road, create traffic hazards. it is also the say of the municipality that the ..... further contended that, if it is held that there is no need to give notice before invoking the provisions of section 185 of the muncipalities act, the same has to be struck down as violative of articles 14 and 21 of the constitution. with these averments, the petitioners have corns forward ..... business after having established their cabins for over a number of years. according to the petitioners, the nagar palika, without following the procedure under section 185 of the gujarat municipalities act and against the principles of natural justice, have come forward with the present notice which is being impugned in this special civil application. it is .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-01-1989
Reported in : AIR1990Guj145; (1989)2GLR879
..... the immovable property in question was such that its annual value at a rack-rent exceeded rs.5,000/-. for recovery of such property the application under section 41 of the act cannot be entertained by the small causes court. on this short ground the, revision application is required to be allowed.6. in the facts of the ..... the short ground that the small causes court at ahmedabad had no jurisdiction to entertain and decide the application. s. 41 of the presidency small cause courts act, xv of 1882 inter alia provides for recovery of possession of an immoveable property situated within the local limits of small causes courts jurisdiction of which 'the ..... tenants wherein various contentions were raised. ultimately the respondents applicants filed p.s.r.p. application under s. 41 of the presidency small cause courts act, 1882 (in short 'the act') praying for vacant possession of the premises. the petitioners appeared in the application and resisted the same on facts as well as on law points.2 .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-01-1989
Reported in : AIR1990Guj20
..... application as he has done in this case.10. mr. pande, the party in person, brought to our notice the provisions of the bombay provincial municipal corporations act and also various correspondence wherein there is reference for rewarding those persons who are able to give information regarding tax evasion such as octroi etc. we are not ..... hence this decision has no relevance for the disposal of the present case. air 1986 bom 412 (asha goel v. lic of india) deals with the insurance act. that is a case in which fraud is alleged regarding the submission of the medical certificate and ultimately finding out that fraud has been perpetrated. the special and ..... certain amounts as stated in annexure 'l' is made which will entitle the petitioner to the reward as per the provisions of the bombay provincial municipal corporations act and the resolutions passed by the municipal corporation.4. the learned single judge rejected the special civil application on the ground that the claim in the special civil .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-08-1989
Reported in : AIR1990Guj142; (1989)2GLR909
..... is a distinction between 'state' and the government. this distinction has been lost sight of by the learned district judge.5. government is defined in section 23 of the general clauses act, 1897 which reads as under: -'(23) 'government' or 'the government shall include both the central government and any state government ..... .'section 32 of the bombay civil courts, act, 1869 inter alia provides that no subordinate court other than the court of civil judge (s.d.) and no court of small causes shall ..... subject to the supervision and control of the government. 'panchayat', 'state government' and 'central government' are separate legal entities. the provisions enacted by bombay civil courts act, 1869 for filing suits against the state government and central government are not applicable to panchayats. in view of the aforesaid position, the decision rendered by the learned .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-10-1989
Reported in : 1990CriLJ653; (1989)1GLR574
..... evidence. and legal evidence is impossible to obtain, because out of fear of reprisals witnesses are unwilling to depose in public. that explains why section 59 of the act imposes but a limited obligation on the authorities to inform the proposed externee 'of the general nature of the material allegations against him'. that obligation ..... served has no relevance and irrespective of such detention, the authorities concerned can form the subjective satisfaction for the purpose of taking action under section 56 of the bombay police act. the facts reveal that such satisfaction was arrived at by the authorities concerned and hence we find that there is absolutely no substance ..... its home department. it is as against these orders, the present special criminal application has been filed.2, show cause notice was issued under section 59 of the bombay police act by the police superintendent, (j) division, ahmedabad city, directing the petitioner to show cause against the allegations on 1-7-1987 at 16. .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-14-1989
Reported in : 1990CriLJ1926; (1989)2GLR569
..... price ration shop owners from whose possession or through whom the bogus ration cards have been surrendered. according to mr. gandhi, there is no power under sections 3, 4 or 5 of the essential commodities act, 1955 for the collector to enter into a package deal for the purpose of getting at the bogus ration cards. this argument proceeds on a wrong ..... , wants to invoke the jurisdiction of this court under article 226 of the constitution of india, just to save his skin and also to unnecessarily malign the collector, who has acted with responsibility and involvement in the public good.3. there is absolutely no merit in any of the contentions raised by the appellant herein and accordingly, this letters patent appeal .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-24-1989
Reported in : AIR1990Guj34; (1989)2GLR812
..... addressed to him at his last known residence, address or place of business and registered under ss. 28 and 29 of the indian post office act, 1898 shall be substituted.'5. reading the above said sections, an interesting question that arises is as to whether a person, who will be ultimately interested in getting the compensation, is also an interested person ..... to purchase the property and whose contract is frustrated cannot claim any share in the solarium payable under sub-section (2) of s. 23. his interest is a limited interest as indicated by s. 55(6)(b) of the top. act to the extent of a definite amount as what is acquired is the land and not the interest of ..... this connection we can usefully refer to s. 5a of the land acquisition act which reads as follows:'5-a. hearing of objections:---- (1) any person interested in any land which has been notified under s. 4, sub-section (1), as being needed or likely to be needed for a public purpose or for a company may, within thirty days .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-24-1989
Reported in : (1989)2GLR865
..... to by mr. g.n. desai, learned counsel for the petitioner, the supreme court was concerned with the interpretation of section 9 and implication of sub-section (2) of section 9 of the citizenship act. sub-section (1) of section 9 contemplates the citizenship of india and the voluntary acquisition of the citizenship of another country by the citizen of india. ..... become a citizen of india. this view, according 10 mr desai for the petitioner, runs counter to the supreme court decision referred to above and section 9 of the citizenship act keeping the said question open, mr. g.n. desai submitted that the decision as 10 whether the petitioner has acquired citizenship by descent will definitely ..... have decided in the present case and that the matter has to be decided only by the central government as provided under section 9(2) of the citizenship act, 1955. section 9(2) of the citizenship act reads:9. termination of citizenship:(1) xxx xxx xxx(2) if any question arises as to whether, when or how .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-01-1989
Reported in : AIR1990Guj80; (1989)2GLR823
..... a vakalatnama, which is not made out by record before us, it cannot be said that shri s. b. patel was aware of all the documents he has signed while acting as a general secretary of the union concerned. the decree of the city civil court is dated 9-2-1988. the letter referred by shri s. b. patel, from which .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-10-1989
Reported in : 1990CriLJ2531
..... passed by the learned additional sessions judge and convict the accused as stated above, notice be issued against the respondents-accused for hearing them on the question of sentence under section 235 of the criminal procedure code. mr. barot, learned advocate appearing on behalf of the respondents accused waives service of notice. at his request the matter is adjourned to 27th ..... the present accused nos. 1 and 2 along with other four accused were convicted for the offence punishable under section 323 of the indian penal code as well as under section 161 of the panchayats act and for the offence punishable under section 323 of i.p.c. sentence of r. i. for three months was passed against them. for the ..... offence punishable under section 161 of the panchayats act, they were required to undergo sentence of r.i. for a week, and substantive sentences were to run concurrently. further, mr. dave submits that this is a .....
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