Gujarat Court July 1987 Judgments
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Dhrangadhra Municipality Vs. Dhrangadhra Chemical Works Ltd. (F.A. No. ...
Court: Gujarat
Decided on: Jul-06-1987
Reported in: [1988]174ITR77(Guj)
S. B. MAJMUDAR J. -*****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 Guja...
P.N. Roal and ors. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jul-02-1987
Reported in: (1987)2GLR996; (1988)ILLJ355Guj
Gokulakrishnan, C.J.1. The petitioners have come forward with this Special Civil Application for striking down the words and figures '8 years' substituted for '3 years' in the Gujarat Account Service Rules, 1964, under Rule 5(1) under the heading 'Gujarat Accounts Services Clause I Junior Duty Post' under sub-rule 1 by holding it to be ultra vires, unconstitutional and violative of Arts. 14 and 16 of Constitution of India, and also for declaring that he amended Rules at Annexure 'A' to Special Civil Application do not restrain the direct recruits promoted to Class I posts by substituting 8 years experience in place of 3 years and for other reliefs. 2. The short facts of this case are that the petitioners are working as Class II officers being appointed by direct recruitment. They joined their services on 1st October, 1982 being selected by the Gujarat Public Service Commission directly as Accounts Officers Class II. There are two modes of appointment for posts of Class II Officers, i.e...
Patel EvelIn Ranchhodbhai Vs. Gujarat Ayurved University, Jamnagar
Court: Gujarat
Decided on: Jul-02-1987
Reported in: (1987)2GLR1299; (1988)ILLJ447Guj
1. In this Special Civil Application it is the prayer of the petitioner that the respondent Gujarat Ayurved University be directed by an appropriate writ, order or direction to treat her as a permanent employee as Midwife in the Hospital run by the University. The petitioner has further prayed that the respondent may be ordered to desist from discontinuing the petitioner from service as Midwife in the Hospital of the respondent. 2. It is the contention of the petitioner that the petitioner was first appointed by the order dated 27th June 1985 for a period of three months as a Midwife. Thereafter the respondent continued the petitioner on the said post by giving appointment orders for three months with some 1 or 2 days of artificial break. The last order which she has produced on record is at Annexure 'G' which is dated 11th March 1987 which mentions that the petitioner was appointed purely on temporary basis for a period of three months as a Midwife against the post of Staff Nurse. The...
State of Gujarat Vs. Anwar Hasan Subhania
Court: Gujarat
Decided on: Jul-02-1987
Reported in: 1988CriLJ1335; (1987)2GLR1340
D.C. Gheewala, J.1. At about 8.30 p.m. in the town of Sikka on 13th June 1984 a young girl aged about 14 years, totally defenceless, completely unsuspecting, was sitting on the foot-steps of her father's house in the company of her cousin Nilesh and was listening to the radio. Her father was having a flourishing practice as a doctor but she had the misfortune of being endowed with good looks as Mr. D.K. Shah, learned Counsel, appearing for the accused, tells the Court. The accused who comes from surroundings which are not quite congenial to sophisticated and cultured living, had an evil eye on her and some time prior to the incident, the accused had misbehaved with her. Dr. Vasantlal and his wife Rashmiben, as they were more cultured, sophisticated and gentle than the behaviour of the accused under the circumstances warranted only made a complaint to one Daudbhai, who was the head of the community of the accused. It appears that Daudbhai scolded the accused, and the accused was prevent...
Rajkot Cancer Society Vs. Municipal Corporation, Rajkot
Court: Gujarat
Decided on: Jul-01-1987
Reported in: AIR1988Guj63; (1987)2GLR981
ORDER1. Rule Mr. B. P. Tanna appears and waives service of Rule for the respondent.2. Mr. R M. Raval, learned counsel for 'the petitioner, has challenged the impugned order of the learned Assistant Judge, Rajkot, on the ground that the learned Judge has directed that the matter which was to be heard by the 2nd Joint Civil Judge (J.D.) Rajkot, be transferred to the Court of the 1st Joint Civil Judge (J.D.) Rajkot. Mr. Raval has urged that the learned Judge has not set out any reason why the matter has been transferred from one Court to another. According to him, there is no reason to believe that the Court before which the matter is pending, would not be able to dispose it of expeditiously.3. Mr. B. P. Tanna has very fairly stated that there is no express reason to out by the learned Judge for ordering transfer of the case from one Court to another. But according to him, a possible reason could be that in the impugned order the learned Assistant Judge has stated that the learned trial J...
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