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Judgment Search Results Home > Cases Phrase: dharma hindu law Court: gujarat Year: 2000 Page 1 of about 130 results (0.013 seconds)

Jul 28 2000 (HC)

Jadav Prabhatbhai Jethabhai Vs. Parmar Karsanbhai Dhulabhai

Court : Gujarat

Decided on : Jul-28-2000

Reported in : AIR2001Guj118; (2001)1GLR16

..... land, created honestly, for the purpose of saving the estate or for the benefit of the title. by passage of time, the power of alienation came into existence in hindu law. before the hindu minority and guardianship act, 1956, came into force, the position of the natural guardian and de facto guardian was virtually identical, except in certain respects. after the 1956 act ..... facto guardian, for example, if it is effected for the marriage of the minor's sister. 29. the concept and philosophy of de facto guardian is unique and novel in hindu law. a de facto guardian means, at times, a self-appointed guardian. he is a person who takes continuous interest in the welfare of the minor person or in the management ..... was not brought in force. what was the proposition then would be the rights and liabilities of de facto guardian before the aforesaid act came into force? under the old hindu law, a de facto guardian enjoyed the same powers as a natural guardian. alienation by a natural or de facto guardian should be supported by necessity or benefit. alienation by a ..... facto guardian', under the provision of section 11, would not be able to deal with minor's property as a person with such a status used to do under uncodified hindu law. since our case is governed by the old provision, we should not enter into further details or meticulous examination of this aspect. 15. the learned single judge in the reference .....

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Mar 30 2000 (HC)

Dashrathlal Ramniklal Thakker Vs. Mandal Nagarik Sahkari Bank Limited

Court : Gujarat

Decided on : Mar-30-2000

Reported in : (2000)4GLR249

..... district registrar within three days from the receipt of such rejection. the district registrar will decide the said appeal in accordance with the provisions of the act, rules and bye-laws. the decision of the district registrar will be final. she, therefore, submitted that even if the contention of the learned counsel for the petitioners is well-founded that the rejection ..... , order of rejection of nomination forms, to quash and set aside the election process being illegal and contrary to statutory provisions and to pass an appropriate order in accordance with law. a prayer was also made that during the pendency and final disposal of the petition, the respondents may be directed to permit the petitioners to contest the election of the ..... the district registrar within a period of three days from the receipt of the order and the district registrar will decide the question in accordance with law. when such a provision is made in the bye-law itself, it would not be appropriate to entertain a petition under article 226 of the constitution.7. for the foregoing reasons, the petition deserves to ..... of nomination forms was contrary to law and on unsustainable grounds, alternative and equally efficacious remedy is available under the bye-laws and it was, therefore, obligatory on the part of the petitioners to approach the district registrar and this court may not interfere with .....

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Sep 05 2000 (HC)

Peoples Union for Civil Liberties and anr. Vs. State of Gujarat and or ...

Court : Gujarat

Decided on : Sep-05-2000

Reported in : (2001)1GLR547

..... , provisions of housing accommodation for the poor class land acquisition, levy of betterment charges. 102. if the provisions contained in these two acts are properly enforced by the law enforcing agencies, there should be no difficulty in providing alternative accommodation. 103. it is required to be noted that when the authorities arc fixing the norms for use of ..... competing claims of the individual and the society. 23. learned counsel then appealed fervently to this court to be merciful and compassionate towards hutment dwellers. we are aware that law is heartless, and therefore, it requires medium of mercy to implement it. we do not thinkthat in balancing rights of individuals and society, we would be less kind ..... of the state enactments, such as the bombay provincial municipal corporations act, the gujarat town planning and urban development act and the bombay land revenue code and such other laws, conferring powers on the public authorities to remove encroachments for their various developmental activities and to protect the public properties, must be interpreted in the light of international ..... in his petition on behalf of forcibly evicted hutment dwellers of vadodara (in special civil application no. 3426 of 1998) in his affidavit-in-rejoinder has surveyed the international law which recognises rights of the homeless persons. he has also annexed extracts from several sociological research papers, particularly from the article 'homelessness and the issue of freedom' by .....

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Jul 31 2000 (HC)

Dineshbhai Dhemenrai Vs. State of Gujarat

Court : Gujarat

Decided on : Jul-31-2000

Reported in : (2001)1GLR603

..... access to justice', which is a constitutional commandment and statutory imperative. jurisprudential history speaks, unequivocally, that the concept of equal justice came to be manifested in the ancient and early laws. even in a classic statement, magna carta, in its most glorious enunciation in 40th para, evidently, has inscribed, 'to no one will we sell, to no one ..... comity and polity and jurisprudential cohesion and environment. (xxxiii) it creates not only peace but a culture of compromise. in our country, amount spent or expenditure for administration of law and justice is reportedly 0.2 percent of the gross domestic product (g.d.p.) which is grossly inadequate and insufficient in a democratic set up. it is, therefore, ..... to needy and deserving persons facing criminal trial. the legal aid corporation has been constituted, which is manned, managed and monitored by the american bar association and many other american law societies or organisation provide attorneys. interestingly, the provisions came to be incorporated even in the constitution of united states by virtue of fourth amendment in 1789, whereby, the life ..... in passing the impugned judgment and order is perverse and illegal, which has culminated into miscarriage of justice. we would hasten to articulate the reasons and the settled proposition of law on this score, immediately, hereinbelow.5. the textual and contextual background of the facts emerging from the record, the aforesaid saying is, once again, repeated for the .....

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Feb 11 2000 (HC)

Chhani Nagar Panchayat and anr. Vs. State of Gujarat and ors.

Court : Gujarat

Decided on : Feb-11-2000

Reported in : (2000)2GLR1263

..... bench of this court, which holds the field since more than three decades. such an action, therefore, cannot be said to be without authority of law.21. for the foregone reasons, none of the contentions raised on behalf of the petitioners is well-founded. the petitions, therefore, deserve to be dismissed ..... and recovery of any taxes, when imposed under the provisions so extended and for enforcing such provisions;(c) provided that the provisions of any other law relating to local authorities which is in force in that area shall cease to apply, and thereupon such provisions shall cease to apply thereto;(d) ..... parlance.16. in our opinion, therefore, taking any view of the matter, the action in question cannot be said to be illegal or contrary to law. the first contention therefore must be negatived, and it is accordingly negatived.17. so far as the second contention is concerned, reliance was placed on ..... such a recital is made in the notification, there is a presumption in favour of the act which has been done in consonance with the law as reflected in section 114 of the evidence act that the panchayats concerned were consulted before issuance of the notification. an affidavit-in-reply is ..... under sub-section (2) of section 9 of the act, the action of excluding certain areas from nagar panchayat will not ipso facto bad in law or without jurisdiction. it was submitted that the provision relating to consultation with gram or nagar panchayat before exercise of power under section 9(2) is .....

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May 18 2000 (HC)

Anida (Vachara) Jute Seva Sahakari Mandali Ltd. Vs. Manibhai Punjabhai ...

Court : Gujarat

Decided on : May-18-2000

Reported in : [2000(87)FLR239]

..... merits of the matter and has come to the conclusion that the services of the respondent workman was wrongly terminated by the petitioner without following the procedure prescribed under the law. as regards the charge of misappropriation and dishonesty, the tribunal has observed that no departmental inquiry was initiated against the respondent and the tribunal has considered that even if the ..... has admitted that the shortage of rs. 800/- will be paid by the respondent workman within two weeks. he has, therefore, submitted that the tribunal has committed gross error in law and facts in directing the petitioner to reinstate the respondent workman. 4. on the other hand, learned advocate mr. clerk appearing for the respondent workman has pointed out that the ..... ltd. mazdoor sabha reported in air 1980 sc 1896, the apex court has observed that the matters and the servants cannot be permitted to play hide and seek with the law of dismissals and plain and proper criteria are not to be mis-directed by terminological cover ups or by psychic process but must be grounded on the substantive reasons for .....

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Aug 08 2000 (HC)

Oriental Insurance Co. Ltd. Vs. Tulsiben Panalal Joshi and ors.

Court : Gujarat

Decided on : Aug-08-2000

Reported in : 2002ACJ1171

..... the tribunal. consequently, there was no obligation on the part of the insurance company to summon the original policy from the owner of the truck. on the other hand, the law is quite settled that if the claimants want to claim compensation either from the owner of the vehicle or from the driver of the vehicle or from the insurer of ..... company to examine the officers of the same. the reason is that the insurance company admitted that the truck no. rrg 5902 was insured with it. it is well settled law that a fact which is admitted need not be proved. since the insurance company admitted that the truck aforesaid was insured with it, there was no requirement for the appellant ..... behera (1999) 3 scc 457 and in case of vidhya-dhar v. manikrao (1999) 3 scc 573. on the face of these two cases, it can be said that the law laid down by the apex court in these two cases is not applicable to the facts of the case before us. what the apex court has laid down in these .....

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Dec 01 2000 (HC)

Bhikhabhai Haribhai Patel (Decd.) Through His Heirs and ors. Vs. Parsh ...

Court : Gujarat

Decided on : Dec-01-2000

Reported in : AIR2001Guj246; (2001)2GLR1483

..... purshottambhai zaverbhai, are hereby set aside and the case (appeal) is remanded to the district court, at nadiad i.e., lower appellate court for disposal in accordance with law after giving to all parties reasonable opportunity of being heard. it will be open to the heirs and legal representatives of purshottambhai zaverbhai to prefer the application for impleading them ..... and legal representative of purshottambhai zaverbhai on record and the lower appellate court shall consider the same in accordance with law.19. when heirs and legal representatives of purshottambhai zaverbhai were having no opportunity to have their say qua the decree passed and likewise the appellants the appeal is required ..... of the matter, the decree passed will have to be set aside and the case will have to be remanded to the lower appellate court for disposal in accordance with law after giving to all the parties reasonable opportunity of being heard. the appellants may, undergoing necessary formalities, prefer application before the lower appellate court for bringing the heir ..... of 1980 in the district court, kheda at nadiad. the then learned extra assistant judge, nadiad, to whom the appeal was assigned for hearing and disposal in accordance with law, hearing the parties appearing before him allowed the appeal on 1st march, 1982 and directed above-named defendants to execute the sale deed in favour of purshottambhai zaverbhai, while purshottambhai .....

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Aug 14 2000 (HC)

Khushiram Dungromal Jeswani Vs. Dhirubhai Amarsinh Chavda

Court : Gujarat

Decided on : Aug-14-2000

Reported in : (2000)3GLR474

..... material fact of the corrupt practice already alleged. no new corrupt practice is sought to be introduced by proposed amendment. i have also borne in mind the similar propositions of law as appearing in mahendra pal v. ram dass malanger 1999 air s.c.w. 4130.13. in above view of the matter, following order is required to be passed; although ..... not seek to introduce a corrupt practice which is not previously pleaded. (iv) by implicationamendment cannot be permitted so as to introduce material facts.'12. considering the aforesaid propositions of law and bearing in mind the facts concerning the proposed amendment and the original averments in the petition, i am of the opinion that in view of the specification made by ..... it might be noted that the issues were framed at exh. 27 on 27/1/1999. they would read as under :-'i. is the present election petition not maintainable at law on the grounds set out in the written statement ? ii. is it proved that there was any atmosphere of quarrel, fear and bogus voting before date of polling in 11 ..... ) 3 s.c.c. 375 in shethi roop lal v. malti thaper (1994) 2 s.c.c. 579 might usefully be referred to :-'(i) our election law is statutory in character as distinguished from common law and it must be strictly complied with (ii) there is a clear and vital definition between 'material facts' referred to in section 83(1)(a) and .....

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Nov 17 2000 (HC)

Food Corporation of India Workers' Union Vs. Food Corporation of India ...

Court : Gujarat

Decided on : Nov-17-2000

Reported in : (2001)ILLJ1296Guj

..... continued as contract labour, despite prohibition of the contract labour under section 10(1), the high court has by judicial review as the basic structure, constitutional duty to enforce the law by appropriate directions.' 24. it is undeniable fact that despite the act for abolition of contract labour in appropriate cases, the government grants permission for the purpose of contract labour ..... justice embeds equality to flavour and enliven the practical content of life. social justice and equality are complementary to each other so that both should maintain their vitality. rule of law, therefore, is a potent instrument of social justice to bring about equality in results. it was accordingly held that right to social justice and right to health were held to ..... the work of the corporation and it may happen that the work of public distribution may suffer and therefore, in view of such situation and disputed questions of fact and law, this court should not entertain this petition and should reject the same and vacate the interim relief granted earlier. 15. i have considered the submissions of all the learned advocates ..... departmentalisation was done in 10 depots. the union continued to mount its pressure not only at the level of collective bargaining but also by taking resort to the courts of law as a result of which the corporation was obliged to progressively bring more and more depots under departmental system which has now gone upto approximately 250 depots. however, the corporation .....

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