Gujarat Court August 1987 Judgments
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Ramsing Nenasing Rao Vs. State of Gujarat
Court: Gujarat
Decided on: Aug-07-1987
Reported in: (1987)2GLR1137
A.S. Qureshi, J.1. The substantial question of law to be decided in this appeal is whether the impugned order of compulsory retirement passed by the District Superintendent of Police, Banaskantha, is legal and valid. The two Courts below have concurrently held that the said order is legally valid. Some important facts which are necessary for the decision in this matter have to be taken into consideration. The appellant was working as Head Constable. He was believed to be mentally unfit for performing his duties. Hence he was sent for examination by the Civil Surgeon, Ahmedabad. After examining him, the Civil Surgeon is said to have found him schizophrenic. On the basis of this finding, the appellant was compulsorily retired on the ground that he was unfit for his duties, under the provisions of Rule 202-A of the Bombay Civil Services Rules (hereafter-B.C.S.R.). The appellant filed the present suit challenging the said order.2. The appellant has been provided with the services of an Adv...
Genest Engineers Pvt. Limited Vs. Union of India
Court: Gujarat
Decided on: Aug-05-1987
Reported in: 1991LC401(Gujarat); 1989(43)ELT24(Guj)
ORDERGokulakrishnan, C.J.1. The petitioners have come forward with the present writ petition for issue of a writ of mandamus or any other appropriate writ, order or direction holding and declaring that Section 37-B of the Central Excises and Salt Act, 1944 is ultra vires the Act and the Constitution of India. There is a further prayer to quash the impugned show cause notice, which is Annexure 'K' to this Special Civil Application. The other prayers are consequential prayers with regard to the above said main objections raised by the petitioners herein. 2. Sections 37-B of the Central Excises and Salt Act, 1944 reads as follows : '37-B. Instructions to Central Excise Officers. - The Central Board of Excise and Customs constituted under the Central Boards of Revenue Act, 1963 (54 of 1963) may, if it considers it necessary or expedient so to do for the purpose of uniformity in the classification of excisable goods or with respect to levy of duties of excise on such goods, issue such order...
Abhilash Textile and ors. Etc. Vs. the Rajkot Municipal Corporation
Court: Gujarat
Decided on: Aug-05-1987
Reported in: AIR1988Guj57; (1987)2GLR1325
ORDER1. Is there any right to carry on business or trade in unregulated manner and cause nuisance to the public and also become a health hazard to the society at large? If no, can the petitioners claim any right to be heard before they are asked to discontinue or prevent the nuisance? This, in substance, is the question which needs to be examined in this group of petitions.In these four petitions in all 165 petitioners who are conducting the business of dyeing and printing works at different places in the city of Rajkot challenge the notice issued by the respondent Municipal Commissioner which is produced at Annexure-A to the petitions. The notice is issued under S. 370-A of the Bombay Provincial Municipal Corporation Act, 1949. In this notice it is stated that at the place mentioned the, in the petitioners are discharging dirty water from the factory on public roads public drainage without purifying the same, thereby causing damage to the public health. Moreover, it is stated that on ...
Navalbhai Karsanbhai Chauhan Vs. Shri Digvijay Woolen Mills Ltd.
Court: Gujarat
Decided on: Aug-04-1987
Reported in: (1987)2GLR1091; (1988)IILLJ101Guj
Majmudar, J.1. In this petition under Art. 226/227 of the Constitution, a short but an interesting question is posed for our consideration. The question is whether a reference of industrial dispute centering round dismissal of a workman awaiting decision of approval application under Section 33(2)(b) of the Industrial Disputes Act, 1947 ('the Act' for short) as taken out by the employer, can be said to be premature. 2. A few relevant facts leading to this petition are required to be noted at the outset, to appreciate the contours of the controversy posed for our consideration. The petitioner was serving as a fitter in the respondent mill company since 4th August 1973. He was served with a charge sheet dated 5th December 1975 alleging that on 4th December 1975, while the petitioner was leaving the factory premises at 4-50 P.M. a search was made of the petitioner and his belongings at the middle gate by the watchman. The watchman after searching the body of the petitioner asked the petit...
Vijaya Bank, Ahmedabad Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Aug-01-1987
Reported in: AIR1988Guj33; (1987)2GLR1148
ORDER1. The petitioner Vijaya Bank claimed that it had interest as mortgagee in the land bearing survey No. 189 of Rajkot admeasuring 4 acres and 18 gunthas belonging to M/s. Narotamdas Dharamshi Maniar. The land-holders had filled in necessary form as required under the provisions of sub-section (1), S. 6 of the Urban Land (Ceiling & Regulation) Act, 1976 in the proceedings before the Competent Authority; After necessary enquiry the Competent Authority held against the land-holder and served a statement under S. 9 of the Act upon him on Nov. 23, 1983. Thereafter a notification under S. 10(1) of the Act was issued. At this stage the Bank preferred its claim before the Competent Authority. The Competent Authority, as per its order dated Nov. 27, 1984, held that the claim preferred by the Bank wag without substance inasmuch as the Bank was never permitted by the authorities to make finance to the firm, of M/s. Narotamdas Dharamshi Maniar for any other purpose except agriculture. The peti...
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