Gujarat Court July 1987 Judgments
Punambhai G. Kachhia and ors. Vs. Director of Technical Education and ...
Court: Gujarat
Decided on: Jul-30-1987
Reported in: AIR1989Guj3; (1987)2GLR1245
ORDER1. Should there be adherence to the rules and regulations even when an expedient course is adopted by the Executive? Not expressly, but by the necessary implication, the Government's stand is that in a given situation it may compromise with the rules and regulations. Aggrieved by such a stance adopted by the Government the petitioners have moved this High Court by filing petition under Art. 226 of the Constitution in representative capacity and prayed that the Government be directed to admit the students who have become the victims of such ad hocism to the third semester of different courses in the polytechnics in the State.2. By a resolution dated May 5, 1982 the State of Gujarat introduced a technical bias course at the Higher Secondary level. The students who take this course are required to appear in twelve subjects besides the common subjects of science stream. The students passing higher secondary examination with the technical bias subjects were to be considered eligible fo...
Tag this Judgment!Rajya Tulsibhai Patel Vs. Benar Enterprise and ors.
Court: Gujarat
Decided on: Jul-29-1987
Reported in: AIR1988Guj42; (1987)2GLR1082
A.M. Ahmadi, J. 1. The appellant plaintiff filed a Suit No. 238 of 1984 in the City Civil Court, Ahmedabad, for specific performance of the contract dated 15th Dec. 1980 and in the alternative for damages occasioned on account of breach of contract. The case set up in the plaint was that the first defendant, Messrs Banner Enterprise, a partnership firm, had floated a scheme for the construction and sale of industrial sheds on Final Plot No. 10-E of Rakhial Town Planning Scheme No. 10. The plaintiff met the organisers of the scheme and after knowing the terms and conditions thereof booked Shed No. 1 admeasuring 50sq. yards for a price of Rs.50,000/-, 70 per cent whereof was to be met through a loan to be at ranged by the defendants. Accordingly, out of the total price of Rs. 50,000/- a sum of Rs.35,000/- was to be paid through Government loan and the balance of Rs.15,000/- was to be paid by the plaintiff to the defendants, the organisers of the scheme. The plaintiff paid an amount of Rs...
Tag this Judgment!Madan Magan Patel Vs. H.R. Ghelat and anr.
Court: Gujarat
Decided on: Jul-28-1987
Reported in: 1988CriLJ1347; (1988)1GLR361
P.R. Gokulakrishnan, C.J.1. This Special Criminal Application is to quash the show cause notice dated 16-12-1986, the order of the first respondent, dated 18-4-1987 and the Order of the second respondent, dated 11-6-1987 which are Annexures 'A', 'B' & 'E' respectively. The short facts of this case are that the petitioner herein was externed from the City of Surat and Surat Rural and from the Districts of Bharuch and Bulsar for engaging in the commission of offence involving force and violence punishable under Chapters XII, XVI and XVII of the Indian Penal Code. A show cause notice dated 16-12-1986 was issued alleging:(1) that he is involved in 9 cases under the Bombay Prohibition Act, which are pending trial in the court,(2) that he possesses deadly weapons like knife and with the same, he plays mischief with girls, beats for looting things and money and committed offence under Chapters XVI & XVII of the Indian Penal Code and the details of which are as under;(1) He looted Rs. 400/- Rs...
Tag this Judgment!Navnitlal L. Khakhkhar Vs. Hasmukhlal G. Solanki
Court: Gujarat
Decided on: Jul-23-1987
Reported in: AIR1988Guj34; (1987)2GLR1134
ORDER1. In this Revision Application, the petitioner challenges the order of the trial court rejecting the petitioner's application for restoration and the order of the lower appellate court confirming the said order. Miss. V. P. Shah, learned counsel for the petitioner states that the two courts below were not justified in rejecting the restoration application of the present petitioner on the ground that the Doctor who had issued certificate was not examined. According to Miss. Shah, the petitioner was unable to remain present in the trial court on the day on which ex-parte decree was passed because the petitioner's mother had become seriously ill at Rajkot and he had to go there. After going there, he had himself become ill. On coming back to Ahmedabad, he came to know about the ex-parte decree and promptly filed application to set aside the ex-parte decree. Miss. Shah urged that ordinarily the contents of the medical certificate should be accepted as correct unless the other side ch...
Tag this Judgment!State of Gujarat Vs. Ibrahim
Court: Gujarat
Decided on: Jul-20-1987
Reported in: 1988CriLJ631; (1987)2GLR1280
D.C. Gheewala, J.1. These three appeals can be disposed of by this common judgment as they are directed against the same order and they raise common questions of law and fact. 2. The accused Mohmad Akhtar Hussain alias Kadar Bhatti alias Ibrahim Ahmad Bhatti alias Iqbal alias Gulam, was prosecuted for violating the provisions of the Customs Act as well as Gold (Control) Act. He was sentenced to suffer seven years' rigorous imprisonment and pay a fine on 11-1-1984 for the offence punishable under the provisions of the Customs Act. He was also convicted for the offence punishable under the Gold (Control) Act on 6-1-1987 and awarded a sentence of four years' rigorous imprisonment and to pay a fine of Rs. 2 lacs, in default further rigorous imprisonment for six months. In all the cases he was also prosecuted for an offence punishable under Section 120-B of the I.P.C. However, no separate sentences were awarded in any of the cases for the said offence.3. The accused had preferred an appeal ...
Tag this Judgment!Bodu Tarmamad Vs. Dt. Supdt. of Police, Jamnagar and anr.
Court: Gujarat
Decided on: Jul-17-1987
Reported in: (1988)1GLR101; (1988)IILLJ171Guj
1. Is the phrase 'unbecoming of a Government servant' occurring in Rule 3(1)(iii) of the Gujarat Civil Services (Conduct) Rules, 1971 so much elastic that it can take within its sweep certain behaviour which may cause some displeasure to his superior and which may not be in accord with the personal beliefs and liking of the superior officer Assumed vagueness of the phrase has rendered an unfortunate Head Constable jobless. Hence the necessity to interpret and understand the precise meaning of the same. 2. The petitioner is an armed constable. He challenges the legality and validity of the order dated May 7, 1986 a copy of which has been produced along with the affidavit-in-reply filed on behalf of the respondents. By this order it is directed that the petitioner be removed from service. 3. There is no dispute with regard to the fact that the petitioner joined service as an armed police constable in the year 1974. He was at Khambhalia Police Station since March, 1978 and was occupying a...
Tag this Judgment!Major Parvesh Chander Suri Vs. Union of India (Uoi) and ors.
Court: Gujarat
Decided on: Jul-15-1987
Reported in: (1987)2GLR1043
P.M. Chauhan, J.1. Special Civil Application No. 4013 of 1983 having been rejected by the learned single Judge of this Court, the appellant (original petitioner) has preferred this Letters Patent Appeal. The learned Judge dismissed the special civil application mainly relying on the provisions of Clause (4) of Article 227 of the Constitution of India as the order of the General Court Martial, which is a Tribunal, is challenged. In the view of the learned Judge, special civil application could not be filed under Article 226 of the Constitution, and the said provisions cannot be attracted as the Court martial is a Tribunal or a Court. The learned Judge also observed that what is challenged is the procedure adopted by the General Court-martial and by, referring to the provisions of Article 226 of the Constitution provisions of Clause (4) of Article 227 of the Constitution cannot be avoided.2. With, view to appreciate the rival contentions, facts leading to the prosecution and conviction o...
Tag this Judgment!N.G. Kotle Vs. Ahmedabad Municipal Corporation and anr.
Court: Gujarat
Decided on: Jul-14-1987
Reported in: (1987)2GLR1269; (1988)ILLJ392Guj
R.A. Mehta, J.1. The appellant was a departmental enquiry, he has been found Chemist in the respondent Ahmedabad guilty of misconduct and the disciplinary Municipal Corporation and after a authority has imposed the punishment of termination from services. The findings of guilt as well as penalty have been confirmed by the appellate authority and the writ petition has been dismissed by the learned single Judge. Hence the appellant has preferred this appeal.2. The charge against the petitioner was that while being a responsible employee of the Public Health Laboratory of the Corporation, he had deposed in the Criminal Court as an expert defence witness in order to help the accused by deposing that butter milk is milk. The Criminal Court did not accept the expert opinion of the appellant and convicted and sentenced the accused. In the appeal before this Sessions Court, the learned Sessions Judge confirmed the conviction and sentence passed by the learned Magistrate and while doing so, pas...
Tag this Judgment!Boricha Valabhai Nathubhai Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jul-08-1987
Reported in: 1988CriLJ281; (1987)2GLR1230
B.S. Kapadia, J.1. The petitioner has filed this petition from jail under Articles 20, 21 and 22 of the Constitution of India challenging the detention order dt. 4-12-86 passed against him by the Additional Chief Secretary, Government of Gujarat, Home Department, with a view to preventing the petitioner from engaging in concealing smuggled goods. The said order was passed under Section 3(1) of the COFEPOSA Act. The grounds of detention were also supplied to the petitioner on the same day,2. On perusal of the grounds it is evident that as a result of search there was recovery of 97 slabs of silver which were found concealed below the tiles in Kundi No. 5. The said slabs of silver were weighing 3,101.925 Kgs. and valued in aggregate at Rs. 1,23,45,661/-. The said search was made on 28th July 1986. It was also evident from the statement of the petitioner which was recorded on 5-8-1986 that he was known as Valabhai; that they had constructed six shops near their house at Morvi; that out of...
Tag this Judgment!Dhrangadhra Municipality Vs. Dhrangadhra Chemical Works Ltd.
Court: Gujarat
Decided on: Jul-06-1987
Reported in: 1988(35)ELT88(Guj); (1988)1GLR388
S.B. Majmudar, J.* * * * *1. Introductory facts :- In order to appreciate the contours of controversy between the parties, relevant introductory facts are required to be noted at the outset. The appellant in First Appeal No. 48 of 1974 is Dhrangadhra Municipality which is at present functioning under the Gujarat Municipalities Act, but which was earlier a district municipality under the Bombay District Municipal Act, 1901. The respondent in the first appeal is Dhrangadhra Chemical Works. Dhrangadhra Municipality was the original defendant while Dhrangadhra Chemical Works was the original plaintiff in Civil Jurisdiction Suit No. 76 of 1963 which was filed in the Court of the Civil Judge (S.D.), Surendranagar, to recover Rs. 6,29,066.97 on the ground that the said amount was illegally collected and retained by the defendant municipality from the plaintiff towards octroi. Special Civil Application No. 1729 of 1977 has been moved by the plaintiff directly in this court against the State of...
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