Gujarat Court January 1985 Judgments
Heirs of Decd. Mohomadbhai Umarbhai Pathan and ors. Vs. Shah Fulchand ...
Court: Gujarat
Decided on: Jan-22-1985
Reported in: (1985)1GLR363
N.H. Bhatt, J.1. This is a revision application by the original defendants Nos. 3 and 4, being aggrieved by the interim order passed by the learned trial Judge, i.e. Judge, Small Causes Court, Ahmedabad in H.R.P. Suit No. 981 of 1976 on his file. Before the learned trial Judge, one document marked 87/1 Was admitted into evidence by giving ex. 89. Thereafter, the original defendants Nos. 1 and 2 gave an application ex. 100 contending that the document was inadmissible in evidence because it was insufficiently stamped and because it required registration. The learned Judge by his order below ex. 100 allowed that application on the ground that the document was insufficiently stamped. Being aggrieved by the said order, the original defendants Nos. 3 and 4 have invoked this Court's revisional jurisdiction under Section 115 of the Civil Procedure Code.2. I have heard the learned Advocates for the petitioners and the original defendants Nos. 1 and 2 respectively. The rest of the parties are d...
Tag this Judgment!State of Gujarat Vs. Manzoorali Alibax and ors.
Court: Gujarat
Decided on: Jan-21-1985
Reported in: (1985)2GLR994
M.B. Shah, J.1. Being aggrieved and dissatisfied by the judgment and order dated 4th December 1984 passed by the City Sessions Judge, Ahmedabad, on Ex. 65 in Sessions Case No. 71/84 directing the prosecution to examine as prosecution witnesses (1) Mr. Patil and his associates who might have taken active part in the investigation carried out in Rajasthan, (2) the Executive Magistrate who had held the identification parade and who should be asked to appear before the Court with the identification parade panchnama and (3) the hand-writing expert, whose report has been produced, the State has filed this revision application challenging the said order.2. It is the prosecution case that the incident took place on 24-2-84 at Ahmedabad wherein one Allauddin was murdered. It is alleged that the accused No. 1 Manzoorali had a motive to do away with the deceased as he was allegedly running gambling dens and was doing business in illicit liquor and was suspecting that the deceased was informing th...
Tag this Judgment!R. Basu Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jan-21-1985
Reported in: (1985)1GLR504
A.S. Quresh, J1. In all these petitions, a common question of law is involved and therefore at the request of the learned Counsel for the parties, they have been heard together and are disposed of by the common judgment.2. The petitioners in all these petitions are the members of All India Services being officers of Indian Administrative Service (I.A.S.). The petitioners have been allocated to the State of Gujarat where they have been serving. While serving with the State of Gujarat, the petitioners have been deputed to the corporations in the State of Gujarat, such as Ahmedabad Municipal Corporation, Gujarat Electricity Board, etc. The common question involved in these petitions is whether these petitioners are entitled to the depu-tation allowance while they serve on deputation with different corporations. Mr. A.H. Mehta, the learned Counsel for the petitioners has submitted that as far as pay and allowances of the petitioners are concerned, they are governed by the relevant pay rule...
Tag this Judgment!Janki Nathubhai Chhara and anr. Vs. Sardarnagar Municipality, Sardar a ...
Court: Gujarat
Decided on: Jan-18-1985
Reported in: AIR1986Guj49
P.S. Poti, C.J.1. We place on record our appreciation of the attitude of the Government in this case in co-operating with the Sardarnagar Municipality to extend the much needed relief to the residents of Chharanagar area. A litigation started in the interests of such residents by a petition by two of the residents addressed to this Court has achieved the result by reason of the Sardarnagar Municipality and the State Government adopting reasonable postures.2. When two persons belonging to the Chhara community living in Chharanagar on the outskirts of the Ahmedabad city wrote to us describing absence of underground drainage in Chharanagar area which is part of Sardarnagar Municipality an amenity extended to other areas of the Municipality, we took notice of it and by our order dated 18th October, 1984 directed the Sardarnagar Municipality, pending the return of the notice to the State, to make immediate arrangement by way of drainage of surface water in the Chharanagar area by any approp...
Tag this Judgment!Ahmed Yusuf Katchi and ors. Vs. Additional Secretary to Government of ...
Court: Gujarat
Decided on: Jan-18-1985
Reported in: 1986(9)ECC167; 1986(23)ELT396(Guj)
Bhat, J.1. These four petitions under Article 226 of the Constitution of India are filed for the release of four different detenus, who were detained under the provisions of the Conservation Foreign Exchange and Prevention of Smuggling Activities Act, 1974. Though the four cases are distinct, they can be conveniently dealt with together because the background that resulted into their detention is one and common. The orders of detention are to be found at Annexure A in each of these petitions and the grounds at respective Annexure B. We say that the grounds of detention are almost the same because, as said by us above, the occasion for giving rise to the alleged satisfaction of the detaining authority is a single transaction, to which we shall advert immediately. It is alleged that on 10-2-1984, the son of detenu Ahmed Jelaila, who was the owner of a mechanised boat, styled as 'Al-Anwar' engaged the service of one Mr. T. D. Francis, a driver of the launch, against the promise to pay him...
Tag this Judgment!Kanchanbhai Raojibhai AmIn Vs. Union of India and ors.
Court: Gujarat
Decided on: Jan-18-1985
Reported in: [1986]157ITR791(Guj)
B.K. Mehta, J.1. The petitioner, who was appointed as a valuer under section 4(3) of the Estate Duty Act, 1953, is aggrieved by the decision of the respondents contained in the letter of September 12, 1983, refusing to renew his appointment. The petitioner has, therefore, moved this court for appropriate writs, orders and directions to quash and set aside the said decision and enjoining on the respondents to renew the appointment of the petitioner as valuer for the purposes of valuation the properties under the said Act. In order to appreciate the challenge, it may be worthwhile to state shortly the facts and circumstances on which the decision for refusal or renewal was taken. 2. The petitioner is a Bachelor of Engineering (Civil) from the Gujarat University and is also a member of the Institution of Engineers (India) as well as Associate Member of the Institution of Surveyors (India). The petitioner started practising as a consulting engineer and valuation expert at Ahmedabad in Guja...
Tag this Judgment!K.L. Gadhvi Vs. Chief Conservator of Forest and ors.
Court: Gujarat
Decided on: Jan-18-1985
Reported in: (1985)2GLR1106
A.S. Qureshi, J.1. The petitioner herein joined the service as Forest Guard on 13th August, 1974. According to him he was entitled to be promoted as Forester some time in 1975 when the person who was next to him in seniority was promoted from Forest Guard to Forester. The petitioner contends that he has been performing his duties to the best of his abilities and that there was nothing positive against him to deprive him of his promotion, in due course as Forester. The petitioner points out that on two occasions he had been communicated adverse remarks against him. The first communication is dated 31st March, 1981 relating to the service during the year 1970-80. The second communication is dated 16th July, 1983 pertaining to the service during the year 1982-83. Both these communications are annexed to the petition as Annexures 'A' and 'B'. These communications show that the petitioner's performance was poor and the attendance was irregular. The petitioner in his reply to the said commun...
Tag this Judgment!Dinkarrai Anantrai Mankad Vs. Income-tax Officer, Circle-ii, Ward-i
Court: Gujarat
Decided on: Jan-17-1985
Reported in: [1985]155ITR406(Guj)
Mehta, J.1. The petitioner assessee by this petition has prayed for appropriate writs, orders and directions to quash and set aside the notice dated June 29, 1984, issued by the ITO, Circle II, Ward-1, Rajkot, respondent herein under s. 148 read with s. 147(b) of the I.T. Act, 1961, and restraining him from reopening the assessment for the assessment year 1981-82, which was completed by the assessment order dated June 17, 1982. A few facts need be noticed in order to appreciate the circumstances which resulted in the impugned notice for reassessment. 2. The petitioner purchased a building in Rajkot on April 2, 1962, for a sum of Rs. 37,000. It appears that in the financial year 1967-68, the petitioner made substantial alterations and additions to the said building at a cost of Rs. 55,700. The building was sold thereafter by him on September 24, 1980, for an aggregate amount of Rs. 1,64,000. In the course of the assessment proceedings for the assessment year 1981-82, the petitioner file...
Tag this Judgment!Ganeshbhai Karsanbhai Prajapathy Vs. State Bank of India, Bhadra and a ...
Court: Gujarat
Decided on: Jan-16-1985
Reported in: (1985)2GLR106; (1986)IILLJ101Guj
ORDER1. The petitioner, who claims to be an Ex-Serviceman made an application for the post of Clerk-cum-Cashier in response to the advertisement dated 16th April, 1983 (Annexure 'A' to the petition) given in local newspaper by the Regional Recruitment Board (State Bank Group), Ahmedabad (respondent No. 2 herein). The respondents do not dispute that there were 14 1/2 per cent. of the vacancies reserved for Ex-Servicemen and dependents of Ex-Servicemen killed in action/disturbed areas. 2. It appears that the petitioner's application was entertained. He was called for written test, wherein he was declared successful. However, by the impugned letter dated 31st March, 1984 (Annexure 'E' to the petition) the Secretary of respondent No. 2 Board informed the petitioner that he did not conform to the definition of Ex-Serviceman as given in the Ex-Servicemen (Re-employment in Central and Civil Services and Posts) Rules, 1979 (thereinafter referred to as 'the Rules') and, therefore, his applicati...
Tag this Judgment!B.R. Acharya Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Jan-16-1985
Reported in: (1985)1GLR473; (1986)ILLJ8Guj
1. In this petition under Art. 226 of the Constitution, the petitioner who is partly-in-person; has challenged the order dated 5th August, 1980 passed by the appellate authority reducing the penalty in departmental proceedings initiated against the petitioner to the extent that the petitioner's two increments have been ordered to be withheld with future effect. In order to appreciate grievance of the petitioner, it is necessary to note a few relevant facts. The petitioner is at present working as a probation officer under the Probation of Offenders Act, 1958 under the administrative supervision of respondent No. 2. He had joined the Department of Social Welfare (subsequently known as Social Defence Department) of the respondent-State in January 1983 and thereafter he has continued to work in the said department as a probation officer. During his tenure of service, he worked at different places in the State. The service history of the petitioner has a chequered career. It is not necessa...
Tag this Judgment!- ‹ Prev
- 1
- 3
- Next ›
- Last »