Court : Gujarat
Reported in : (1985)1GLR301
A.P. Ravani, J.1. The Opponent-husband filed H.M.P. No. 35 of 1983 in the court of learned Assistant Judge, Mehsana for dissolution of the marriage inter aila on the ground of desertion. The applicant of this revision application appeared in the said petition and filed an application Exh. 10 under the provisions of Section 24 of the Hindu Marriage Act and prayed for interim maintenance at the rate of Rs, 500/- per month for herself and Rs. 200/- per month for her daughter Raksha. She also prayed that an amount of Rs. 1500/- be also ordered to be paid to meet with the litigation expenses. The trial Court after discussing the rival contentions raised by the parties, dismissed the application as per its order dated March 7, 1984. The trial court has rejected the application solely on the ground that the petitioner's father has died and he has left 15 vighas of land and a residential house and a wade in which the petitioner a' so has one-half share along with her widowed mother Hiraben. Th...
Tag this Judgment!Court : Gujarat
Reported in : (1976)17GLR729
C.V. Rane, J.1. This judgment will govern the disposal of Second Appeal's Nos. 666 and 667 of 1969 which arise out of Civil Appeals Nos. 32 of 1968 and 31 of 1968 respectively, decided by the learned District Judge, Banaskantha at Palanpur on June 16, 1969 and June 25, 1969 respectively.2. Plaintiffs-respondents Nos. 1 and 2 hereinafter referred to as the plaintiffs and their deceased brother Koli Ishwar Kasala (respondent No. 3) had filed two suits being regular Civil Suits Nos. 32 of 1966 and 33 of 1966 in the Court of the Civil Judge, Junior Division, Deesa to obtain a declaration that the sale deeds executed by the deceased Ishwar Kasala in favour of the defendants on 2-4-1962 were null and void and also to recover possession of the suit fields from the defendants. During the pendency of the suits, Ishwar Kasala gave an application to the trial court to indicate that he wanted to withdraw the suits. The learned trial judge ordered that Ishwar Kasala should be transposed as defendan...
Tag this Judgment!Court : Gujarat
Reported in : (1986)1GLR385
J.P. Desai, J.1. This appeal arises out of the judgment and decree passed by the learned Assistant Judge Panchmahals at Godhra in Hindu Marriage Petition No. 14 of 1982.Looking to the provisions of Section 28 of the Hindu Marriage Act, 1956 and Sections 8 and 26 of the Bombay Civil Courts Act, 1869, it is clear that the appeal will lie to the District Court and not to this Court. Such a view has been taken by this Court in First Appeal No. 1603 of 1983 decided on 24-2-1984, First Appeal No. 1802 of 1984 decided on 5-2-1985 and First Appeal No. 1125 of 1983 decided on 20-6-1985. The Memo of Appeal is, therefore, required to be returned to the appellant for presentation to proper Court. It is, therefore, directed that the Memo of Appeal along with the certified copies of the judgment and decree be returned to the appellant for presentation to proper Court. The appellant is given time upto 26-7-1985 to present the appeal before the appropriate District Court.2. It may be mentioned here th...
Tag this Judgment!Court : Gujarat
Reported in : 1972CriLJ1605
ORDERT.U. Mehta, J.1. This is a reference made by the Sessions Judge. Rajkot in Cri. Revn. Application No. 39/71 of his file wherein he has recommended that the order made by the Court of J. M. F. C. Rajkot in Criminal Case No. 483/70 of his file compelling the accused-petitioner to get himself medically examined in order to determine the age of the defect in the vision of one of his eves should be set aside. The learned Sessions Judge is of the opinion that the Criminal Procedure Code contains no provisions under which an accused person can be ordered to submit to medical examination which is likely to enable the prosecution to obtain incriminating evidence against him.2. It is an admitted position that the petitioner No. 1, Naiabhai Ranchhod. who is the accused No. 1 before the learned Magistrate, is prosecuted for the offence under Section 419 read with Section 34. I. P.C. on the allegation that with a view to obtain a driving licence from the Regional Transport Office, he requested...
Tag this Judgment!Court : Gujarat
Reported in : (1971)12GLR894
D.A. Desai, J.1. A fundamental question of far reaching importance going to the root of administration of justice as adopted in our country is raised in this group of Criminal Revision Applications. The applicant in each of the applications who is original accused is the editor of a daily news paper Jai hind published simultaneously from Rajkot and Ahmedabad. In the Rajkot edition of the JAI HIND daily published on 21st January 1969, 22nd January 1969, 23rd January 1969, 25th January 1969 and 4th February 1969 there appeared certain articles adversely reflecting upon the purity and efficiency of administration in Police Department of Rajkot district. One Mr. P.G. Navani was the District Superintendent of Police Rajkot District at the relevant time. Certain passages in the said articles in particular and all articles in general were considered to be per se defamatory of Mr. Navani a public servant in discharge of his duty. The State Government accordingly directed the Public Prosecutor ...
Tag this Judgment!Court : Gujarat
Reported in : (1995)2GLR1525
R.K. Abichandani, J.1. The petitioner-husband challenges the order passed below applications Ex. 11 and Ex. 15 in H.M. Petition No. 328 of 1988, by the learned City Civil Court Judge, on 19-3-1991, allowing the application Ex. 11 filed by the respondent-wife and directing the petitioner-husband to pay to the respondent Rs. 250/- per month as interim maintenance for the minor daughter from the date of the petition, i.e., 19-9-1988 till disposal of the petition and Rs. 2,000/- towards expenses for the litigation. The application filed by the petitioner-husband for maintenance at Ex. 15 was dismissed.2. The petitioner filed a divorce petition against the respondent-wife on the allegations that she treated him with cruelty and that she had illicit relation with other person. A daughter was born to these parties. She was two years of age on the date of the Application Ex. 11 made by the respondent-wife. In the said application she has stated that she was serving at Poona and had to attend t...
Tag this Judgment!Court : Gujarat
Oral Judgment 1. The petitioner herein, challenges the order passed by learned 3rd Additional Senior Civil Judge, BhujKutch in H.M.P.Case No.76 of 2011 (H.M.P. 21 of 2010 Old) wherein the said Court has passed an order under Section 24 of Hindu Marriage Act requiring the petitioner to pay interim maintenance @ 6,500/from 28.09.2011. Learned trial Court also passed an order to pay Rs.3,500/for litigation expenses. 2. Heard the learned advocates for the parties. 3. Learned advocate Mr.Mehta for the petitioner has conceded that the liability to pay interim maintenance to the respondent. Learned advocate submitted that the amount of interim maintenance fixed by the learned trial court is on higher side. Considering the circumstances of the case, same is required to be interfered with. 4. On the other hand, learned advocate for the respondent has vehemently opposed this submission and has submitted that interim maintenance awarded by the learned trial Court does not call for any interferenc...
Tag this Judgment!Court : Gujarat
Reported in : (1985)2GLR1427
S.B. Majmudar, J.1. In this revision application under Section 115 of the ,Code of Civil Procedure, the petitioner-wife has made a grievance regarding the order passed by the learned District Judge, Kutch at Bhuj below application ex, 58 in H.M.P. No. 187 of 1978. By that order, the petitioner's application for interim maintenance under Section 24 of the Hindu Marriage Act, 1955 ('the Act' for short) came to be rejected by the learned trial Judge. A few facts leading to this application are required to be noted at the outset to appreciate the grievance of the petitioner.2. The petitioner's case is that she is lawfully married wife of the respondent. That the respondent has large economic resources and he is a big businessman carrying on diverse businesses in Kutch district. The respondent has filed Marriage Petition No. 187 of 1978 in the court of the learned Civil Judge (S.D.) at Bhuj. It appears that thereafter the petition was renumbered as HMP No. 4 of 1980 and was placed for dispo...
Tag this Judgment!Court : Gujarat
Reported in : (1979)1GLR584
S.H. Sheth, J.1. In a petition Tiled by this wife under Hindu Marriage Act for the restitution of conjugal rights, decree was passed against the husband for restitution of conjugal rights and for payment of maintenance at the rate of Rs. 20 3/- per month. The decree was passed by the learned Civil Judge (Senior Division) at Palanpur. The husband has filed an appeal in the District Court against that decree. It appears that he did not obtain any stay order from the District Court. The wife, therefore, filed the execution proceedings in the Court of the Civil Judge (Senior Division) at Palanpur. In the execution petition, she only prayed for recovery of a sum of Rs. 6,074. 88 p. which, according to her, became due and payable under the decree. She sought the assistance of the Court in the matter of execution of the said part of the decree by arresting her husband and putting him in civil prison. She stated that the amount of maintenance necessary to be deposited for the civil arrest of h...
Tag this Judgment!Court : Gujarat
Reported in : (1980)21GLR573
M.P. Thakkar, J.1. Offer and acceptance notwithstanding, a letter of firm appointment notwithstanding, a contract of service does not come into existence if it is cancelled before the appointee takes charge-such is the proposition canvassed by the Management of a Secondary School. The teacher contends that a contract of service having come into existence the Management cannot wriggle out from the purview of the Tribunal created for the avowed object of redressing such grievances by committing a breach of the contract before the stipulated date for performance. The Tribunal has agreed with the Management and shut its doors against the teacher at the threshold. The controversy has now been brought before this Court by the teacher concerned.2. The Managing Trustee of a Trust running a High School, respondent No. 2 herein, appointed the petitioner as Headmaster of a school run by the institution by an order of appointment dated February 21, 1979 as per Annexure 'A'. It was mentioned in the...
Tag this Judgment!