Court : Gujarat
Reported in : AIR2009Guj159
Mohit S. Shah, J.1. These Letters Patent Appeals are directed against the judgment and order dated 16.12.2008 of the learned Single Judge in writ petitions filed by the present appellant- Bharat Sanchar Nigam Limited (hereinafter referred to as the 'B.S.N.L.') challenging the Government Resolutions dated 4.5.2007 and 25.4.2008 in relation to the restoration charges and rental charges to be levied by the local authorities like, Municipalities and Municipal Corporations from B.S.N.L. and other service providers to lay down their telephone cables under the lands belonging to the local authorities.2. The learned Single Judge disposed of the petitions after giving following directions:25. In view of the above, following directions shall meet with the ends of justice:A) The petitioners may approach before the concerned authority under Section 15 of the Act for final quantification of the amount of charges to be collected as prescribed by the Government Resolution annexure-A.B) If such an app...
Tag this Judgment!Court : Gujarat
Reported in : (2009)3GLR1900
Anant S. Dave, J.1. This petition under Article 226 of the Constitution of India read with Articles 14 and 19 of the Constitution of India and the provisions of Gujarat Co-operative Societies Act, 1961 and Rules made thereunder is challenged by the petitioner-Bank, is filed by the petitioner-Bank, a Co-operative Society registered under the provisions of the Gujarat Co-operative Societies Act, 1961 (for short 'the Act').2. The challenge in this petition is the order dated 31st January, 2007/ 1st February, 2007 passed by the District Registrar, Co-operative Societies (at Annexure 'F' to the petition) and order dated 23rd April, 2008 passed by the respondent No. 2 in Appeal No. 26 of 2007 (at Annexure 'T' to the petition) as well as the order dated 6th October, 2008, passed by the respondent No. 1 (at Annexure 'V to the petition) with further prayer to confirm the Resolution passed by the petitioner-Society for amending its bye-laws in its Annual General Meeting dated 22nd July, 2006 (at...
Tag this Judgment!Court : Gujarat
Reported in : (2009)2GLR1710
D.A. Mehta, J.1. This group of petitions has been heard together as they arise out of common order made by Gujarat Revenue Tribunal (the Tribunal) on 21.08.2008 in various applications moved before the Tribunal by different persons. The parties have treated the group of petitions bearing Special Civil Application Nos. 12145 of 2008 to 12149 of 2008 as the main matter considering the fact that all the pleadings and the supporting documents are available in the record of Special Civil Application No. 12145 of 2008 and hence, the facts are taken from the said petition.2. The petitioner of Special Civil Application No. 12145 of 2008 to 12149 of 2008 is common, namely, Rohini Housing Complex Owners' Association (hereinafter referred to as 'Rohini'). Respondent Nos. 1 to 3, namely, Raiben wd/o Dhiraji Ugraji, Vihaji Dhiraji and Bachuji Dhiraji are the original land owners of land bearing Block No. 84 of Village Khatraj, Taluka Kalol, Dist. Gandhinagar (hereinafter referred to as 'the land in...
Tag this Judgment!Court : Gujarat
Reported in : AIR2009Guj113
K.S. Radhakrishnan, C.J.1. Indian Institute of Management, Ahmedabad (IIMA) along with Dean and Acting Director has approached this Court seeking a. declaration that Item (1) of Part-I of Schedule I to The Bombay Electricity Duty Act, 1958 (for short 'the Act') as ultra vires Article 14 of the Constitution of India and to strike down the same as such, and also for a writ of cer-tiorari quashing and setting aside the decision; taken by the respondents to withdraw concessional rate of electricity duty to the petitioner-Institute and also for other consequential reliefs.2. Petitioner-Institute is an educational, research, professional and technical Institute of national importance which is an autonomous body registered under The Societies Registration Act, 1860'. The primary object of the petitioner-Institute is to provide educational facilities for training young men and women for career in management and related fields in any form of organization, to improve decision making schemes and ...
Tag this Judgment!Court : Gujarat
Reported in : (2009)3GLR2065
K.M. Thaker, J.1. Heard Mrs. Parikh, learned Advocate for petitioner, Mr. N. J. Shah, learned A.G.P., for respondent Nos. 1 and 2 and Mr. D. S. Vasavada, learned Advocate for respondent No. 3. Rule. Mr. Vasavada, Mr. Desai and Mr. Shah have waived service of notice of Rule. At the request and with the consent of all parties the petition is taken up for final hearing.1.1. The petitioner has preferred present petition seeking below mentioned reliefs:(9/A) Your Lordships be pleased to issue a writ of certiorari and or any other appropriate writ, order of direction in the like nature quashing and setting aside the Notice dated 13-9-2007 issued by the respondent A.L.C. and authority under Payment of Wages Act, Mahabubnagar (State-Andhra Pradesh) in P.W. Application No. 8 of 2007 (Annexure-A) and show-cause notice No. E/824/2006 dated 10-8-2006 issued to the petitioner by the A.L.C. Mahabubnagar (State-A.P.) under the Inter-State Migrant Workmen (R.E.C.) Act, (Annexure-B).(9/B) Your Lordship...
Tag this Judgment!Court : Gujarat
Reported in : (2009)2GLR1436
J.C. Upadhyaya, J.1. The petition filed under Article 227 of the Constitution of India contains the following prayers:18.A. This Honorable Court be pleased to issue a writ of or in the nature of certiorari quashing and setting aside the order dated 10-9-2007 passed below Exh. 29 in Special Civil Suit No. 89 of 2006, by the learned 8th Additional Senior Civil Judge, Gandhinagar,B. Pending admission and final hearing of this petition, the Honorable Court may be pleased to stay the execution and operation and implementation of the order dated 10-9-2007 passed below Exhibit 29 in Special Civil Suit No. 89 of 2006, by the learned 8th Additional Senior Civil Judge, Gandhinagar,C. Pending admission and final hearing of this petition, the Honorable Court may be pleased to stay the further proceedings/hearing of Special Civil Suit No. 89 of 2006, pending before the learned 8th Additional Senior Civil Judge, Gandhinagar.2. The facts leading to the petition, in brief, are as under:2.1. The deceas...
Tag this Judgment!Court : Gujarat
Reported in : (2009)2GLR1322
K.M. Thaker, J.1. Present petition has been taken out under Sections 391(1) and (2) of the Companies Act, 1956 ('1956 Act' for short) seeking below mentioned relief.18(a) That this Hon'ble Court be pleased to sanction the Scheme of Arrangement being Annexure-C to the petition and declare the same to be binding on the petitioner-Company and the equity shareholders of the petitioner-Company and all persons concerned under the Scheme;Thus, the petitioner seeks sanction for the Scheme of arrangement ('the Scheme' for short) which is at Annexure-C and a declaration that the said Scheme, upon sanction, shall be binding to all concerned persons.MATRIX OF FACTS2. Earlier, an application being Company Application No. 426 of 2008 was taken out by this petitioner with a prayer for direction to convene the meetings. In the said Company Application No. 426 of 2008, this Court passed an order dated 29-7-2008 directing the petitioner to convene the meetings of equity shareholders in accordance with t...
Tag this Judgment!Court : Gujarat
Reported in : 2009(164)LC202(Gujarat); 2009(243)ELT684(Guj); (2009)2GLR1696
ORDER / CEX /MGR/2008 (Annexure-H), and order dated 8/1/2008 bearing No. 07/CEX/MGR/2008 (Annexure-C) made by the Customs & Central Excise Settlement Commission, Additional Bench, Mumbai ('Settlement Commission').2. The facts are that pursuant to show cause notice dated 18/5/2005 during pendency of proceedings, an application came to be moved before Settlement Commission by the petitioner company on 27/5/2007 admitting duty liability of Rs. 23,80,732/-.3. Before the application dated 27/5/2007 was filed, a separate show cause notice in relation to a different period came to be issued on 30/11/2006. During pendency of the proceedings relatable to the second show cause notice, petitioner submitted a letter dated 30/5/2007 before the Settlement Commission with reference to the second show cause notice dated 30/11/2006, and admitted duty liability of Rs. 19,12,1296/-.4. On 8/1/2008 Settlement Commission heard the matter and accepted application dated 27/5/2007 in relation to show cause not...
Tag this Judgment!Court : Gujarat
Reported in : (2009)3GLR2167
Mohit S. Shah, J.1. This group of 13 appeals, under Clause 15 of the Letters Patent, is directed against the common judgment dated 25-8-2008 of the learned Single Judge in Special Civil Application No. 30705 of 2007 and connected petitions challenging removal of the appellants from the office of members of Bopal Gram Panchayat under Section 57(1) of the Gujarat Panchayats Act, 1993 (hereinafter referred to as 'the Act').2. Elections to Bopal Gram Panchayat were held on 25-12-2006. One Shantaben Bachubhai Patel was elected as Sarpanch. The present appellants, 13 in number, along with 13 other persons were elected as members of Bopal Gram Panchayat (hereinafter referred to as 'the Gram Panchayat'). The first meeting of the Panchayat was held on 17-1-2007. By a show-cause notice dated 7-8-2007, the Sarpanch and other members of the Gram Panchayat including the present appellants, were called upon to show cause why they should not be removed from the office of Sarpanch and members of the G...
Tag this Judgment!Court : Gujarat
Reported in : (2009)2GLR1743
K.A. Puj, J.1. The petitioner has filed this petition under Article 226 of the Constitution of India praying for quashing and setting aside the impugned order dated 31st August, 2008 passed by the Mamlatdar on or after 30th September, 2008. The petitioner has also prayed for a direction to the Mamlatdar to certify the Entry No. 21389 registered in the revenue record. The case of the petitioner is that the petitioner with ten other persons filed a Civil Suit No. 3 of 2008 before the Court of learned Principal Civil Judge, Sanand for declaration and injunction against one Arvindbhai Harilal Raval and five other persons. In the said suit the plaintiffs and the defendants are the legal heirs of Jivanbhai Lallubhai Raval. Since, there was some family dispute regarding the land of Khata Nos. 731, 1439 and 1440 situated in the sim of Sanand village, Taluka, Sanand, the above suit was filed.2. The complete details of the dispute between the parties in the Civil Suit are given in the 'lis pende...
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