Court : Gujarat
..... office objection within time prescribed therein.3. appellant had to prefer letters patent appeal being aggrieved and dissatisfied with order passed by learned single judge of this court dismissing special civil application no. 8093 of 1988 on the ground that finding recorded by authorities did not warrant any interference. ..... while dismissing said special civil application containing challenge to orders passed by authorities under gujarat agricultural lands ceiling act,1960, this court was considerate enough to extend interim relief so as to enable petitioner to move division bench if so desired. therefore, ..... said rupabhai owned agricultural lands admeasuring 113 acres, situated at village balotri, taluka vav, district banaskantha. pursuant to amendment to gujarat agricultural lands ceiling act, 1960 made effective from 1^st april, 1976, applicant filed declaration furnishing particulars of the lands held by her. applicant having held land in .....
Tag this Judgment!Court : Gujarat
..... liability of the agent based on the allegations revealed in the charge-sheet and the reply given by the agent. we noticed that there is no independent inquiry worth the name in this regard and no opportunity seems to have been given to the appellant to even lead oral evidence, if necessary. the most ..... violation of the principles of natural justice as the authorities have reached to the conclusion holding the appellant guilty of violating the regulations without any fact finding inquiry and without there being an iota of evidence to hold the appellant responsible. (iii) it is further submitted that corporation could not have forfeited the commissions ..... it was held thus :"in this connection the term judicial does not necessarily mean acts of a judge or legal tribunal sitting for the determination of matters of law, but for purpose of this question, a judicial act seems to be an act done by competent authority upon consideration of facts and circumstances and imposing liability or affecting .....
Tag this Judgment!Court : Gujarat
..... petition is filed, the high court has to consider the facts and circumstances of the case, the nature of the dispute raised and the nature of inquiry necessary to be made for determination of the questions raised and other relevant factors before taking a decision whether it should entertain the writ petition or reject ..... 2009, by which, policies were discontinued by respondent (lic), which was subject matter of challenge in writ petitions filed by the petitioner before the learned single judge never disclosed any reason for rejection/non-revival of lapsed/discontinued policies. that, lic being an authority within the meaning of article 12 of the constitution ..... for the petitioner also placed reliance on various decisions of the apex court and high courts on the subject and submitted that the respondent (lic) had acted unreasonably and arbitrarily and the decision impugned being unfair and contrary to principles of natural justice, the corporation be directed to renew the policy in question .....
Tag this Judgment!Court : Gujarat
..... madhuben. conviction and sentence of the accused under section 323 and 324 therefore, cannot be disturbed. it may, however, be noted that for these offences, the learned judge has imposed punishment only to the extent already undergone.18. insofar as, criminal revision application is concerned, i see no possibility of interference. deceased - mansinghbhai had ..... different weapons with the purpose of beating up the complainant and his father and mother. in that view of the matter, learned sessions judge also did not hold all accused responsible for the act of others. in the result, conviction and sentence of original accused no. 3, raysang for offence under section 304 part-ii ..... his mother madhuben. in absence of common intention or proof of forming unlawful assembly, other accused cannot be convicted for the act of abhesang.19. so far as abhesang is concerned, the learned judge committed no error in not convicting him under section 302 of ipc but section 304 part-ii. it is not in dispute .....
Tag this Judgment!Court : Gujarat
..... actual possession of the acquired lands.16. for the foregoing reasons, the appeals are partly allowed. the impugned judgment and award dated 30/1/1989 rendered by the ld. assistant judge, surat in land reference cases nos. 138 to 140 of 1986 are hereby modified. the appellants claimants are held to be entitled to recover compensation of their acquired properties @ rs ..... published on 5/6/1973 and the notification under section 6 was published on 6/5/1976. the special land acquisition officer conducted the inquiry and by his award dated 24/2/1984 under section 11 of the act, offered the amount of compensation to the claimant @ rs.350/- per sq. mtr. so far as superstructures were concerned, the special land ..... 1. these three appeals arise out of the common judgment and award dated 30/1/1989 rendered by the ld. district judge, surat, in land reference case nos. 138, 139 and 140 of 1986, whereby the reference court determined the amount of compensation @ rs.500/- per sq. mtr., regarding the open .....
Tag this Judgment!Court : Gujarat
..... station 1^st day of every calender month between 11:00 am and 2:00 pm.8. if breach of any of the above conditions is committed, the concerned sessions judge will be free to issue warrant or take appropriate action in the matter.9. bail before the lower court having jurisdiction to try the case. it would be open to ..... :(a) not take undue advantage of his liberty or abuse his liberty.(b) not to try to tamper or pressurize the prosecution witnesses or complainant in any manner.(c) not act in any manner injurious to the interest of the prosecution.(d) maintain law and order and should cooperate the investigating officers.(e) furnish the address of his residence to the .....
Tag this Judgment!Court : Gujarat
..... is any lapse on the part of the concerned officers and to consider taking action in accordance with law and the directions issued by the learned single judge for holding inquiry and action against the erring officers with regard to recovery of the amount of costs would not operate. the order passed by the division bench was ..... letters patent appeal is that the detente i.e. the original petitioner - respondent herein was detained under section 3 (2) of the prevention of anti social activities act, 1985 as bootlegger vide order dated 08.09.2000 passed by the commissioner of police, surat. the detente has challenged the said order by way of special civil ..... commissioner of police surat city, surat under the provisions of the prevention of anti social activities act, 1985 and also awarding compensatory cost of rs.10,000/- to the petitioner and further directing the state government to hold an inquiry through the chief secretary in the matter and whosoever was found responsible for not filing the .....
Tag this Judgment!Court : Gujarat
..... act. it was submitted that the learned single judge has erroneously not considered the said aspect and, therefore, there is a good case on merits in the appeal.5. it deserves to be recorded that ..... contention raised by the learned counsel for the appellant is that the finding recorded by the labour court for concurring with the decision of the disciplinary authority based on the inquiry report is arbitrary, and it was submitted that the labour court in any case ought to have interfered with the proportionality of punishment u/s.11a of the industrial disputes .....
Tag this Judgment!Court : Gujarat
..... has been filed by the plaintiff along with others challenging the order passed by the defendant corporation regarding the dismissal after the departmental inquiry for irregularities.5. the suit came to be dismissed by learned civil judge (sd) junagadh vide judgment and order dated 27.5.1988, against which a regular civil appeal no.35 of 1990 was ..... preferred by the respondent herein-original plaintiff which came to be allowed by the learned joint district judge junagadh vide order dated 09.03.1992 setting aside the dismissal order passed by the trial court on 27.5.1988 in regular civil suit no.678 of ..... suit?2. whether in the facts and circumstances of the case plaintiff is a workman within the meaning of industrial disputes act, 1947 and remedy available to the plaintiff workman is only under the industrial disputes act and not under civil forum?3. whether in the facts and circumstances of the case the civil court has jurisdiction to .....
Tag this Judgment!Court : Gujarat
..... release the applicant only if not required in connection with any other offence for the time being.7. if breach of any of the above conditions is committed, the sessions judge concerned will be free to issue warrant or take appropriate action in the matter.8. bail bond to be executed before the lower court having jurisdiction to try the case ..... without prior permission of the sessions judge concerned;(e) mark presence at the concerned police station on the first sunday of every month between 10.00 a.m. and 3.00 p.m. for three months only ..... the like amount to the satisfaction of the trial court and subject to the conditions that he shall;(a) not take undue advantage of liberty or misuse liberty;(b) not act in a manner injurious to the interest of the prosecution;(c) surrender passport, if any, to the lower court within a week;(d) not leave the state of gujarat .....
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