Gujarat Court December 1984 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
indravadan H. Shah Vs. State of Gujarat and anr. Overruled
Court: Gujarat
Decided on: Dec-17-1984
Reported in: (1985)1GLR394; (1985)1GLR541; (1986)ILLJ1Guj
N.H. Bhatt, J.1. This is a petition by a fairly senior Judicial Officer in the Judicial service of this State, complaining of his having been allegedly struck off from the select list prepared with effect from 1st May, 1983 for the purpose of promotion to the post of Assistant Judges. The prayers in the petition are reproduced below :- (a) declaring Rule 6(4)(iii)(a) of the Gujarat Judicial Service Recruitment (Amendment) Rules, 1979 as invalid and unconstitutional : (aa) declaring Rule 6(4)(i) of the Gujarat Judicial Service Recruitment (Amendment) Rules, 1979 as invalid and unconstitutional; (aaa) quashing and setting aside the decision of the Hon'ble High Court, rejecting the petitioner's representation vide Annexure BB; (b) directing the respondents to include the petitioner's name in the select list for the year 1983-84 for promotion to the post of Assistant Judges on the basis of his seniority, as if it was not struck out from said list at all; (c) directing the respondents t...
Union of India (Uoi) and ors. Vs. Jitendra Shantilal Bhatt and anr.
Court: Gujarat
Decided on: Dec-17-1984
Reported in: (1985)1GLR509
A.P. Ravani, J.1. Obtain ad interim relief. Thereafter go on filing sick note and on one or another ground (or pretext) avoid hearing of the application for interim relief. Can any one extend the life of ad interim relief in this fashion? What should weigh with the court while staying the operation and implementation of the order of transfer of an employee? These are some of the questions which will be answered very soon.2. The petitioners-Union of India and other office bearers are the original defendants. The respondents-original plaintiffs are serving as Sepoys in Group 'D' posts in Customs Department at Bhavnagar. They filed a suit being Civil Suit No. 712 of 1984 in the Court of Civil Judge (SD), Bhavnagar, and prayed that the order of their transfer dated July 13,1984, from Bhavnagar Jetty Port to Customs Division, Bhavnagar, be quashed and set aside. The suit has been filed on August 14,1984 and on the same day, the respondents obtained an order directing the petitioners-defenda...
Dr. H.G. Patel Vs. Dr. (Mrs.) K.S. Parikh and ors.
Court: Gujarat
Decided on: Dec-14-1984
Reported in: (1985)2GLR1385
B.K. Mehta, J.1. The original petitioners who are appellants before us are aggrieved by the order of the learned Single Judge (Coram : R.C. Mankad, J.) dated July 24, 1984, rejecting their respective special civil applications for appropriate writs, orders and directions to quash and set aside the decision of respondents Nos. I and 2 who are respectively Director of Post Graduate Studies and Research, B. J. Medical College and Dean and member of the College Council denying the claim of the respective petitioners to get post-graduate degree registration/residency in his/her subject on the rounds urged in the respective petitions. A few relevant and material facts need be noticed in order to appreciate the challenge in these appeals to the decision of the learned single Judge, and for that matter the decision of the respondent-authorities.2. Each of the appellant-petitioners passed final examination for M.B.B.S. degree from the B. J. Medical College, Ahmedabad in January 1983 and did the...
C.V. Kotecha Vs. Halar Salt and Chemical Works
Court: Gujarat
Decided on: Dec-11-1984
Reported in: (1985)1GLR146
R.A. Mehta, J.1. The dismissed workman has filed the present petition against the judgment and award passed by the Labour Court, Rajkot. whereby his demand for reinstatement and back wages has been rejected.2. The chargesheet ex. 76 dt. 14th May 1970 alleged that on 11-5-70 the petitioner-workman had talked rudely to the Manager of the respondent company Chunilal Adalja on phone at about 12.45 noon in connection with accidental injury to the brother of the petitioner and thereafter when the Manager Chunilai Adaija had gone to the hospital there also in the presence of the officers and other persons of the company the petitioner-workman had uttered abuses and misbehaved very rudely and had committed breach of discipline of the company and said conduct was considered to be grave misconduct under the Standing Orders. By the said notice he was asked to explain within 48 hours as to why he should not be dismissed from service. After holding the inquiry the management came to the conclusion ...
Dohad Nagarpalika Vs. Mahendrakumar Nanalal and ors.
Court: Gujarat
Decided on: Dec-07-1984
Reported in: AIR1986Guj101; (1985)2GLR1058
1. The question in this Second Appeal is with regard to S. 148 of the Gujarat Municipalities Act and what is meant by 'permanently accessible to the public' and whether the requirements of that section have been fully complied with so as to declare t e private street a public street.2. The respondents 1 and 2 original plaintiffs had filed Regular Civil Suit No. 279/83 for a declaration that the resolution passed by the defendant-Municipality regarding the declaration of a public street was illegal and without jurisdiction. The land in question bears city survey No. 4-12/B which is situated at Dahod on Jalod Road near S.T.bus-stand.3. The plaintiffs contended that the suit land exclusively belongs to plaintiffs and defendants 2 to 8 and there was no public right of way and there is no easement right of any person and that the land was not permanently accessible to the public and yet by resolution No. 507 dt. 13-12-191/2, it was proposed to declare the suit land as a public street and th...
Sherasiya Saji Alavadi MomIn and ors. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Dec-07-1984
Reported in: AIR1985Guj180; (1985)1GLR513
1. to 4. xxxxxx5. At the time of admission of this Second Appeal, the following two questions have been formulated as substantial questions of law involved in this appeal: -1. Whether on the facts and in the circumstances of the case and in view of the provisions of the Bombay Public Trusts Act, 1950, the lower Appellate Court should have decided the question of title of the appellant trust to the suit property against it?2. Whether, in view of the provisions of S. 56B of the Bombay Public Trusts Act, 1950, the questions involved in the present suit could have been determined without issuing a notice to the Charity Commissioner? 6. Now, so far as the second question as regards issuance of notice to the Charity Commissioner is concerned, a mere look at S. 56B will show that there is no substance in this contention raised by the plaintiffs for the first time in this Second Appeal. S. 56B provides that in any suit or legal proceedings in which it appears to the Court that any question aff...
Narayan Pottery Works Vs. Regional Provident Fund Commissioner, Gujara ...
Court: Gujarat
Decided on: Dec-07-1984
Reported in: (1985)1GLR149
N.H. Bhatt, J.1. The above petitions are filed by different business concerns, but against the common respondent, the Regional Provident Fund Commissioner for the State of Gujarat, an authority under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. Against these companies, separate orders had come to be passed by this respondent on different dates for various alleged defaults committed in paying the provident fund contributions and other contributions. The impugned orders are annexed to each of these petitions. They were challenged by the petitioners of these petitions essentially on the ground that while passing those orders under Section 14-B of the said Act. the guidelines issued by the Central Provident Fund Commissioner on 3-11-82 were not followed. It was also alleged that while exercising discretion of levying penalty, the respondent-authority applied a rigid formula common to all the cases and thereby abdicated its discretion while exercising judicial powe...
In Re: Commercial Ahmedabad Mills Co. Ltd.
Court: Gujarat
Decided on: Dec-06-1984
Reported in: [1986]60CompCas717(Guj)
S.B. Majmudar, J.1. This application is moved under section 536(2) of the Companies Act, 1956, by the Commercial Ahmedabad Mills Co. Ltd. for getting clearance from this court regarding certain borrowings, advances, credit limits and facilities that are being given to the applicant company by State Bank of India, Commercial Branch, Ahmedabad, as well as Industrial Development Bank of India and Industrial Reconstruction Corporation of India, Calcutta, on the ground that these are bona fide transactions which the company has to enter into in the normal course of its business and for the propose of meeting the obligations of the company and for the purpose of keeping the business of the company going. 2. In order to highlight the nature of the request made by the applicant company in the present proceedings, it is necessary to note a few relevant facts leading to the present proceedings. The applicant company owns a textile unit which is known as Commercial Ahmedabad Mills Co. Ltd. in thi...
Prabhudas H. Thakkar Vs. P.K. Datta and anr.
Court: Gujarat
Decided on: Dec-06-1984
Reported in: 1986CriLJ390; (1985)1GLR4
N.H. Bhatt, J.1. This is a petition by a public spirited citizen complaining of certain unauthorised acts on the part of the police officers under the charge of the respondent No. 1 the Commissioner of Police for the city of Baroda. The petitioner claims to be a social worker and President of Fatehpura Yuvak Mandal and professes to file this petition as public interest litigation. The grievance of the petitioner, though is narrated in rhetoric harsh phrases, many of which are uncalled for the substance thereof is that the police constables and other officers in the city of Baroda used to arrest citizens who happened to be more than two in number in respect of two wheeler vehicles like motor-cycles scooters, etc. It was alleged that there was a sort of a crusade of the police department to stop such travelling and this was sought to be achieved by arresting all such persons, taking them to the police station, keeping them there till the formal complaint was written for the offence under...
Mariamben Amirbhai and ors. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Dec-06-1984
Reported in: (1985)2GLR946
A.S. Qureshi, J.1. The petitioners herein were employed as Aayas at Ram Rajendrasinhji Hospital and Baluba Maternity Home, Limbdi in Surendranagar District. They were employed over a period of two years and more on several occasions each time for a period of 29 days at a stretch. The petitioner No. 1 whose date of birth is stated to be 23rd November. 1951, was employed for the first time as Aaya on 2nd April, 1980 for a period of 29 days. Thereafter, she has been employed on 18 occasions with short intervals, each time the employment being for 29 days. Thus, from 2nd April, 1980 upto 22nd June. 1983, she had worked on 19 occasions, each time 29 days making a total of 551 days. Similarly, the petitioner No. 2 was employed as Aaya for the first lime on 10th June, 1981 for a period of 29 days. Thereafter she was employed 12 times for a period of 29 days at a time till 22nd June, 1983. Similarly, the petitioner No. 3 also was first appointed as Aaya on 22nd July, 1981 for 29 days and was s...
- ‹ Prev
- 1
- 3
- Next ›
- Last »