Gujarat Court June 1975 Judgments
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Jayantilal Ratilal Thakkar Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jun-23-1975
Reported in: (1976)17GLR461
S.H. Sheth, J.1. The petitioner was the Head Master of the Primary School run by Shahpur Education Trust in the City of Ahmedabad. The school is named as Shahpur Balvikas Primary School. He joined the school as the head master on 5th June 1972. His employer found that his work was not satisfactory and, therefore, discharged him from service with effect from the end of the current term of 1974. It appears that against this order of discharge he did not approach any authority but filed this petition.2. The only contention which Mr. Majmudar has raised before me is that the order of discharge made against the petitioner is mala fide and contrary to the principles of natural justice. The first question which arises for my consideration is whether the petitioner has any statutory right in the matter of security of his tenure which has been violated by the impugned order of discharge. Mr. Majmudar has invited my attention to Sub-section (2) of Section 2 of the Bombay Primary Education Act, 1...
Saurashtra Cement and Chemicals Industries Ltd. Vs. State of Gujarat a ...
Court: Gujarat
Decided on: Jun-20-1975
Reported in: (1976)17GLR646
S.H. Sheth, J.1. Saurashtra Cement and Chemical Industries Ltd. have filed this petition in which they challenge the order of the State Government fixing a sum of Rs 1,20,000/- payable annually as lump sum contribution in lieu of taxes payable by them to Adityana Gram Panchayat. It appears that for the period commencing from 1st January 1974 the Gram Panchayat was not willing to enter into an agreement fixing lump-sum contribution payable b the petitioners to it in lieu of taxes payable by them. The petitioners, therefore made an application to the State Government for the purpose under the Gujarat Panchayats (Payment of Lump-sum Contribution by Factories in lieu of Taxes) Rules, 1964 (hereinafter referred to as 'the lump sum rules' for the sake of brevity). The State Government asked the petitioners to furnish to it data in relation to the goods imported by them into the limits of the Gram Panchayat during the preceding three years. The petitioners if rinsed to the State Government de...
The State of Gujarat Vs. Dhirajlal Amratlal Kansara and anr.
Court: Gujarat
Decided on: Jun-20-1975
Reported in: (1975)16GLR982
A.N. Surti, J.1. Criminal Appeal No. 839 of 1974 is filed by the State of Gujarat against the order of acquittal passed in favour of respondent No. 1 (hereinafter referred to as original accused) by the learned Sessions Judge, Surendranagar in Criminal Appeal No. 30 of 1974, which arose out of an order of conviction and sentence passed by the learned Judicial Magistrate, First Class, Wadhwan, in Criminal Case No. 233 of 1973, for the commission of an offence punishable under bye-law No. 15 read with bye-law No. 12 of 'the bye-laws regarding octroi of Wadhwan City Municipality (hereinafter referred to as 'the bye-laws'). The learned Magistrate had sentenced original accused to pay a fine of Rs. 75/- in default to suffer S. I. for seven days for the commission of the aforesaid offence.2. The Original complainant filed Miscellaneous Criminal Application No. 613 of 1974 in this Court, as he was aggrieved by the aforesaid order of acquittal, and the same is placed for admission before us at...
Vasantlal Dhansurhlal Jariwala Vs. G.N. Dike, Secretary to Govt. of Gu ...
Court: Gujarat
Decided on: Jun-19-1975
Reported in: (1976)17GLR122
B.J. Divan, C.J.1. The following three questions have been referred for our decision by a division bench of this Court consisting of A.D. Desai and T.U. Mehta JJ. The questions referred to us are as follows:(1) Whether on the court coming to the conclusion that some grounds given for the detention are not according to law and some are valid the court should set aside the entire detention order passed under Section 3 of the Act without attempting to further probe into the question whether the detain ing authority would have passed the order of detention even though some of the grounds are proved to be invalid?(2) When one or more of the several grounds given for preventive detention under Section 3 of the conservation of foreign exchange and prevention of smuggling Activities Act, are found to be irrelevant, or non-existent, or bad whether the whole of the order of detention is vitiated or whether in such cases the court should, by applying the tests of reasonable man exclude the irrele...
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