Gujarat Court January 1981 Judgments
Prabhudasbhai Bhikhabhai Patel Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jan-22-1981
Reported in: AIR1981Guj117; (1981)GLR570
Thakkar, J. (1) . Arbitrary? Is it arbitrary (on the part of State Government) to refuse to award a rupees 37 crore contract in respect of a work (Rock Fill Dams in the Head Reach of Narmada Project Main Canal) which will have tremendous impact on the life and well-being of the people of the entire State, nay of the entire Nation, to the lowest bidder, the appellant? And has it acted arbitrarily in violation of Article 14 of the Constitution of India in awarding it in preference to the appellant, to the respondent No. 6 Company, which indubitably has (1) a vast experience of executing large contracts not only in India but in Iraq, (2) vast organization and (3) vast resources a compared to the appellant? These are the questions raised by the appellant, whose petition under Article 226 of the Constitution of India praying that (1) the contract granted to the respondent No. 6 Company be set aside and (2) it be granted to the appellant. And in order to answer these questions following furt...
Tag this Judgment!Project Manager, O.N.G.C. Vs. Lalchand Vajirchand Chandna
Court: Gujarat
Decided on: Jan-21-1981
Reported in: (1981)22GLR803
M.P. Thakkar, J.1. Upon a question of considerable importance (whether a parallel departmental proceeding should be conducted against an employee during the pendency of a criminal proceeding) being raised before our brother P.D. Desai, J. he admitted the petition and granted interim stay after hearing the other side (O.N.G.C). If the interim stay was not granted, the petition would have been rendered infruetuous. Indeed it would have amounted to dismissal of the petition for there was no purpose or point in closing the doors of the stable after the horse had fled. If the departmental proceedings were completed before the decision in the criminal case, there was no question of staying the departmental proceedings. The entire petition which was admitted would have been rendered infruetuous. Under the circumstances, the order granting stay is unexceptionable for no other order could have been passed. We do riot propose to examine or pronounce on the question of competence of an appeal und...
Tag this Judgment!Gujarat State Road Transport Vs. Keshavlal Somnath Panchal
Court: Gujarat
Decided on: Jan-20-1981
Reported in: AIR1981Guj205; (1981)0GLR819
P.D. Desai, J. Paras 1-4 x x x x 5. It would be convenient first to deal with the question of contributory negligence. The Tribunal having assessed the evidence reached the conclusion on the question of contributory negligence an the strength of the reasoning briefly indicated hereafter. 6. It was an undisputed fact that the claimant received the injury because a portion of the body of a truck coming from the opposite direction dashed against his elbow. The elbow was Protruding to the extent of nearly 6' from the window. The conduct of the claimant in resting his arm on the window and in allowing it to Protrude from the window to the extent indicat6d above itself amounted to negligent and even a rash act. irrespective of whether he was warned by the conductor or the driver not to do so since the road in question even according to the claimant. was narrow and vehicles were approaching from the opposite side. No Prudent or reasonable man could have acted in such a manner under such circ...
Tag this Judgment!Savarkundla Nagarpalika Vs. Maninagar Nivas Nirman Sahkari Mandli Ltd.
Court: Gujarat
Decided on: Jan-20-1981
Reported in: AIR1981Guj243; (1981)GLR866
1. xxxxx xxxxx xxxx 2. The facts giving rise to the Second Appeals may shortly be summarized as under:- The Respondent Society was providing houses to its members and it had requested the appellant Nagarpalika to allot land to it for the purpose of constructing houses and in pursuance to that request, the appellant had allotted 27,554 sq. yards of land to the respondent on lease. It was averred that the respondent was allotted the aforesaid land after the permission of the Collector, Bhavnagar, vide the letter No. 418 dated 10th September, 1955 and after that also, the map was sanctioned by the Collector by letter No. 419 of lst February, 1956. According to the map, the land was divided in 41 plots and the possession of the entire land was given to the respondent and it is the further say of the respondent that it has been in continuous possession of the said land thereafter all throughout. It was felt by the respondent at one point of time that plots Nos. 36 to 41 were situated on an ...
Tag this Judgment!C.O. Kakkad Vs. State and ors.
Court: Gujarat
Decided on: Jan-20-1981
Reported in: (1981)22GLR794
N.H. Bhatt, J.1. This is a petition filed by one Supervisor in the Roads and Buildings section of the Public Works Department of the State of Gujarat, the respondent No. 1 herein. The respondent No. 2 here is the Superintending Engineer and the respondent No. 3 is the Area Development Commissioner one Mr. B.P. Vaghela. The petitioner is occupying serial No. 414 in the seniority list and was due for promotion as a Deputy Engineer in February 1978 pursuant to the select list that was taken on hand to be prepared in the last part of the year 1977. But the order dated 8-2-1978 showed that he was not promoted but persons junior to him had come to be promoted as Deputy Engineers. The petitioner, therefore, made a representation to the Government complaining of the supersession. The respondent No. 3 who was his Executive Engineer at that time then communicated to him the memos containing adverse remarks of the years 1973-74, 1974-75, 1975-76 and 1976-77 contrary to and in breach of the instru...
Tag this Judgment!Alarakha Nazar Mahmad Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jan-19-1981
Reported in: (1981)22GLR785
B.J. Divan, C.J.1. The petitioner herein is the prisoner undergoing imprisonment at present in Rajkot District Jail at Rajkot. The petitioner was promoted to the post of night watchman by the jail authorities and subsequently because of an incident which is alleged to have taken place on April 16, 1680 he was demoted from the post of night watchman and reduced to the post of ordinary prisoner. It is also alleged that ten days' remission was cut by the Jail authorities because of the incident which happened on January 16, 1980. No doubt, entries were made in the history ticket of the prisoner, namely, the petitioner herein, regarding the penal ties imposed. We have seen extracts from the history ticket regarding these two incidents. We merely found that the offence alleged to have been committed by the prisoner and the penalties imposed and the signature of the Jail Suprintendent are found in the history ticket. We asked Mr. J.U. Mehta, learned Public Prosecutor, to produce before us th...
Tag this Judgment!Dr. Sanjiv P. Desai Vs. the Dean and the Member of the Baroda Medical ...
Court: Gujarat
Decided on: Jan-15-1981
Reported in: (1981)22GLR1006
N.H. Bhatt, J.1. This petition was presented to this Court on 30-7-80 by a medical graduate seeking appointment as a Houseman in Radiology. This petition raises an important question pertaining to admission to medical colleges, entrance to which has remained an apple of discord and cut-throat competition for many years.2. A few facts require to be closely stated in order to comprehend what controversy is raging in this petition. The petitioner passed his final M.B.B.S. examination conducted by the M.S. University, Baroda in October 1978 with good number of marks. One year's internship is obligatory for all students who clear the M.B.B.S. examination before they are entitled to get a degree and before they are entitled to practice and/or to prosecute further studies. The petitioner completed one year's internship also in December 1979 and aspired for post-graduation studies. The Government in order to have qualified staff to manage their hospitals and also to encourage further studies, ...
Tag this Judgment!Ahmedabad Municipal Transport Service and anr. Vs. Manekben and ors.
Court: Gujarat
Decided on: Jan-13-1981
Reported in: AIR1982Guj27; (1981)GLR575
Majmudar, J.1.-2. x x x x 3. We may briefly indicate the relevant facts which have resulted in 'the present proceedings. On the night of 24th January, 1975 near the railway crossing gate No. 8 between Naroda and Sardar Gram station in Kuber Nagar area, On the outskirts of the city of Ahmedabad, occurred a railway accident. In which train No. 239-Up popularly known as Dehgam Shuttle was involved in a collision with a municipal bus No. G. T. R. 509.7 on route No. 126. As a result of the said accident, the railway engine and one bogie immediately following the same were derailed and the railway engine fell by the side of the track and the result . was that the engine driver as well as two other members of the crew being a fireman and assistant fireman were crushed to death. Their dependents filed three claim - petitions aforesaid before the Tribunal, contending that the accident was caused on account of the rash and negligent driving of the municipal bus by its driver who was joined as a ...
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