Gujarat Court October 1988 Judgments
Abad Dairy Dudh Vitaran Kendra Sanchalak Mandal Vs. State of Gujarat a ...
Court: Gujarat
Decided on: Oct-28-1988
Reported in: [1989(59)FLR398]; (1989)1GLR539; (1990)ILLJ187Guj
Shah, J. 1. These are two petitions field under Art. 226 of the Constitution amongst others where common questions are involved. It is, therefore, proposed to dispose of the same at the 5 admission stage by a common judgment and order. 2. Petition No. 4587 of 1987 has been filed by Abad Dairy Dudh Vitaran Kendra Sanchalak Mandal against the State of Gujarat and the General Manager, Abad Dairy, inter alia for a writ, direction or order quashing and setting aside the order dated 19th July 1986 (Annexure C) as being illegal, perverse and contrary to the provisions of law and for an appropriate direction to the Government to refer the disputes in question to the Industrial Tribunal for adjudication. The said order was in respect of the demands made by the petitioner against respondent 2. After taking into consideration the report of the Conciliation Officer, the Government reached the conclusion that the members of the petitioner were not, workmen' within the meaning of the Industrial Disp...
Tag this Judgment!Avanti Organisation, Rajkot and Etc. Vs. the Competent Authority and A ...
Court: Gujarat
Decided on: Oct-28-1988
Reported in: AIR1989Guj129; (1989)1GLR586
M. Airmaidi, J. 1. The Urban Land (Ceiling and Regulation) Act, 1976, No. 33 of 1976, thereinafter Act) was, enacted to provide for the imposition of a ceiling on vacant land in urban agglomerations, for the acquisition of such land in excess of the ceiling limit, for regulating the construction of buildings on such land and for matters connected therewith, with a view to preventing the concentration of urban land in the hands of a few persons and speculation and profiteering therein and to bring about an equitable distribution of land in urban agglomerations to subserve the common good. It was made applicable to the State of Gujarat and came into force at once. The definitions of the various terms and expressions used in the Act are found in S. 2 of the Act. Section 3 mandates that no person shall be entitled to hold any vacant land, in excess of the ceiling limit, in the territories to which the Act applies on and from the commencement of the Act unless otherwise provided. The expres...
Tag this Judgment!Arun Subodhbhai Mehta and anr. Vs. Bhavnagar Municipal Corporation and ...
Court: Gujarat
Decided on: Oct-28-1988
Reported in: (1989)1GLR313
R.J. Shah, J.1. Being aggrieved by the judgment and Order dated 9-6-1988 passed by a learned single Judge of this Court in Special Civil Application No. 2772 of 1988, (Reported in 1988 (2) GLR 1273) the appellants-original petitioners have come in appeal.2. The facts leading to the appeal briefly stated are as under:The Bhavnagar Municipal Corporation is governed by the Bombay Provincial Municipal Corporations Act, 1949. Respondents Nos. 3 and 4 were duly elected Mayor and Deputy Mayor of the said Corporation for the year 1987-88 for a period of one year. Since their term of office was to end after the said period, respondent No. 3 in exercise of the powers vested in him under Sub-clause (c) of Clause (1) of Chapter II of Annexure A of the said Act convened a meeting of the Corporation to be held at 5-00 p.m. on 1-6-1988. Respondent No. 3 bad claimed that since he was required to go to Gandhinagar and Ahmedabad for urgent work, respondent No. 3 by his letter dated 31-5-1988 informed th...
Tag this Judgment!Bombay Silk Mills Ltd. and anr. Vs. Dayashanker, Assistant Collector a ...
Court: Gujarat
Decided on: Oct-28-1988
Reported in: (1989)1GLR678
D.C. Gheewala, J.1. The present petitions are filed under Section 482 of the Code of Criminal Procedure, invoking inherent jurisdiction of this Court and praying that the complaint bearing No. 3 of 1988 filed by the first respondent, the Assistant Collector of Customs, Bulsar, be quashed. The said complaint is pending before the Additional Chief Judicial Magistrate, at Bulsar.2. The prayer for quashing the complaint is advanced on the ground that the complaint tantamounts to an abuse of the process of the Court and the complaint does not disclose any offence as alleged in the complaint. The three petitioners are original accused Nos. 7, 9 and 10 before the learned Chief Judicial Magistrate.3. The facts leading to the said complaint can be briefly summarised as under:M/s. International Marketing of Delhi had procured advance licences for importing polyester filament. Ultimately it was found that the said polyester filament was not utilised for the purpose for which it was imported and a...
Tag this Judgment!Mukeshkumar Maganlal Patel and ors. Vs. Director of Primary Education, ...
Court: Gujarat
Decided on: Oct-19-1988
Reported in: (1989)2GLR1135
A.P. Ravani, J.1. Rule. Mr. R.P. Solanki waives service of rule on behalf of the respondents.2. The petitioners applied for the post of Primary School Teacher pursuant to an advertisement dated December 9, 1987 which has been produced at annexure 'A' to the petition. The petitioners have been excluded from interview on the ground that they are not eligible as they have not completed 18 years of age on the relevant date. Rule 4 of the Gujarat Panchayat Service (Recruitment of Primary Teachers) Rules, 1970 prescribes the eligibility criteria, which inter alia provide that to be eligible for appointment, a candidate must not be less than 18 years and not more than 28 years of age Explanation to the aforesaid Rule reads as follows:Explanation: for the purpose of this rule, a candidate shall be deemed to have attained the age limit, if he attains such age limit before the first July of the year in which the recruitment is made.3. The learned Counsel for the respondents states that the term ...
Tag this Judgment!Navinchandra M. Randoria and ors., Etc. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Oct-18-1988
Reported in: AIR1989Guj209; (1989)1GLR330
Gokulakrishnan, C.J. 1. In the special civil application No.4387/86 the petitioners have prayed for issuing a writ of mandamus or any other writ, direction or order for declaring S. 6 Notification at Annexure-C to the petition as illegal and void in law and direct the respondents therein not to take any proceeding under the provisions of the said Act based on such S. 6 Notification. In special civil application No. 6718/87 the very same relief is prayed for in respect of the petitioners Nos. 9, 10, 11 and 12 in special civil application No. 4387/86 who have been dropped as on date from the array of petitioners mentioned in special civil application No. 4387/86. The petitioners in special civil application No. 6718/87 have filed the petition separately since, according to them, the Nondh numbers which are 8 18 and 81.9 are not mentioned in the notice issued under S. 210 of the Bombay Provincial Municipal Corporations Act and for other reasons.2. Learned counsel appearing for the respect...
Tag this Judgment!B.T.X. Chemicals (P.) Ltd. and ors. Vs. Suraj Bhan and anr.
Court: Gujarat
Decided on: Oct-14-1988
Reported in: (1989)76CTR(Guj)201; (1989)1GLR181; [1989]177ITR425(Guj)
D.C. Gheewala, J.1. These Special Criminal Applications filed under article 226 of the Constitution of Indian seek to quash the complaints which have been filed against the petitioners who are the assesses. Petitioner No. 1 is a company of which the remaining petitioners are the directors. In the accounting year ending June 30, 1979, the petitioner-company sustained a loss on account of some fire having taken place in the company's premises. The said loss was reimbursed by the insurance company and in the return that was filed of June 30, 1980, this particular reimbursement made by the insurance company was not reflected with the result that the Income-tax Officer, while making the assessment, found that there was an attempt to conceal income and reap an advantage by claiming deduction, therefore, proceedings were started under section 276 of the Income-tax Act as well as also under the provisions of the Indian Penal Code. The petitioners being aggrieved by the same have preferred the ...
Tag this Judgment!Ashwini Kumar Vadilal Patel (Dalal) Vs. P.T. Mehta, Income-tax Officer ...
Court: Gujarat
Decided on: Oct-14-1988
Reported in: (1989)77CTR(Guj)216; (1989)1GLR347; [1989]178ITR385(Guj)
D.C. Gheewala, J.1. The petitioner, whose premises were raided and from whose premises valuable were found by the raiding party, and who could not render satisfactory explanation regarding some of the items so seized, has been prosecuted for an offence punishable under section 276C of the Income-tax Act, 1961, as well as section 195 of the Indian Penal Code. He has prayed that the said proceedings be quashed inasmuch as he has approached the Settlements Commission and the Settlement Commission has not only registered his petition but has recorded a finding that no. concealment has been established and none is likely to be established. 2. Mr. Desai, learned counsel appearing for the petitioner, urged that once the Settlement Commission has recorded its finding, to allow criminal proceedings to continue would be a travesty of justice and Mr. desai drew my attention to a case decided by the Delhi High Court and which has been reported in Dr. Mrs. Geeta Gupta v. IAC of I.T. : [1987]168ITR2...
Tag this Judgment!J.K. Dave Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Oct-14-1988
Reported in: [1989(59)FLR514]; (1989)1GLR571
1. Should the Court interfere in matters of transfer of a Government servant or of an employee engaged by any other instrumentality of the 'State' as defined in Art. 12 of the Constitution of India In view of the decision of the Supreme Court and, that of the Division Bench of this High Court, does the question not require re-thinking and fresh approach Is it not time for us to turn the searchlight to our ownselves and make a little introspection The aforesaid questions need to be examined and answered in this petition wherein a lecturer of a college has challenged the legality and validity of the order of his transfer. 2. The petitioner is serving as lecturer in sociology at Government Arts and Science College, Gandhinagar. He is ordered to be transferred to Dharmandrasinhji Arts College, Rajkot. The petitioner challenges the legality and validity of the order transfer. It is contended that there are three to four other lecturers who are in Ahmedabad and/or Gandhinagar colleges for a ...
Tag this Judgment!Manmohandas Karshandas Kharva Vs. Gujarat State Road Transport Corpora ...
Court: Gujarat
Decided on: Oct-13-1988
Reported in: (1989)2GLR918
1. In the instant case non-interference by Court means play safe and avoidance of possible disastrous consequences. On the other hand interference may help some individuals, but it is fraught with danger leading to disastrous consequences for the unwary passengers of public vehicles and for other members of the public. Thus, there are two alternatives between which the Court has to make its choice. Let us examine the facts and the question. 2. The petitioner was formerly employed as 5 driver by a private operator. With the nationalisation of transport his services were transferred to respondent-Corporation i.e., Gujarat State Road Transport Corporation. The respondent Corporation has issued a circular dated April 20, 1971 wherein it is provided that employees who were formerly serving with private operators and who have been absorbed by the respondent-Corporation will be continued in service upto the age of 60 years. However, the benefit of continuation in service upto the age of 60 ye...
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