Gujarat Court December 1988 Judgments
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Govindbhai J. Rokkadkar Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Dec-09-1988
Reported in: (1989)1GLR345
P.R. Gokulakrishnan, C.J.1. This Letters Patent Appeal is against the order passed by the learned single Judge in Special Civil Application No. 2499 of 1988. The matter is in respect of authorisation given to the appellant herein by way of an agreement to run the fair price shop. The relationship between the appellant on the one hand and the State Government on the other hand, is purely contractual. Even reading the agreement under which the authorisation was granted, it is clear that the appellant was approved as an authorised fair price shop dealer for the purpose of purchase, distribution and sale of foodgrains, which the Government of Gujarat intends to supply to the public at a fair and reasonable price. The agreement also provides for its termination as well as for forfeiture of the deposit. There is an arbitration clause and the Award of the Arbitrator is made final and binding on the parties.2. The question of issue of licence or its cancellation is not in issue, but the condit...
Ahmadkhan Inyatkhan Vs. Dt. Supdt. of Police, Banaskantha and anr.
Court: Gujarat
Decided on: Dec-08-1988
Reported in: [1990(60)FLR436]; (1989)2GLR1301; (1990)ILLJ449Guj
Gokulakrishnan, C.J. 1. Rule, Mr. Joshi waives service of the rule. By consent, the rule is heard today. 2. This Special Civil Application is filed for quashing and setting aside the impugned order at Annexure 'A' on various grounds. 3. Mr. Joshi, learned Counsel appearing for the respondents, cannot dispute the legal position that is enunciated in the case of Kiritkumar D. Vyas v. State of Gujarat & Anr., (1982 (2) GLR 79) and also the decision given by a learned single Judge of this Court in Special Civil Application No. 4791 of 1984 dated 16th January 1985 (Laxman Waghjimal v. K. N. Sharma, D.S.P. Kutch, 1985 GLH (UJ-28) page 20). In this case, the petitioner has no doubt been convicted by a Criminal Court for an offence of accepting bribe. On such a conviction, he was dismissed from service. Before the dismissal, it is clear from the facts that no notice was given. Failure to give notice to show cause before imposing a penalty even in case of a Government servant convicted by a Cri...
Pravinkumar Manilal Mehta Vs. Jyotindra M. Bhatt and anr.
Court: Gujarat
Decided on: Dec-07-1988
Reported in: (1989)1GLR523
G.T. Nanavati, J.1. The opponent No. 1 has filed a complaint against the petitioner in the Court of Metropolitan Magistrate, Ahmedabad, alleging that the accused has committed an offence punishable under Section 206 of the Indian Penal Code. The Court issued process and pursuant thereto the accused appeared before the Court on 10-9-1987. Neither on that day nor on any day subsequent thereto the learned Magistrate took any evidence and straightway framed a charge on 6-8-1988. The petitioner challenged in the Sessions Court that action of the learned Magistrate by filing a revision application. The Sessions Court rejected the same on the ground that it was against an interlocutory order and, therefore, it was not maintainable. The Petitioner has, therefore, filed this application under Section 482 of the Code of Criminal Procedure for quashing the charge and for directing the learned Magistrate to follow the procedure as laid down in Sections 244, 245 and 246 of the Code of Criminal Proc...
Soni Varshaben Rasiklal Vs. Director of Education and anr.
Court: Gujarat
Decided on: Dec-07-1988
Reported in: (1989)2GLR907
P.R. Gokulakrishnan, C.J.1. By this Special Civil Application, the petitioner wants to declare certain provisions of the Gujarat Educational Institutions (Primary and Pre-Primary Training College) Rules, 1984 as ultra vires Article 14 of the Constitution of India and also ultra vires Section 13(1)(g) of the Gujarat Educational Institutions (Regulations) Act, 1984. We can straightaway refer to the rule, which is being impugned by the petitioner herein. Mrs Hiraben R Joshi. the learned Counsel appearing for the petitioner pointed out Rule of the aforesaid Rules, which reads as follows:6. The academic year of Education Institution will commence on second Monday of June and will corns to an end last Saturday of April, unless the director has made an ordei otherwise in summer there will be vacation of not more than six weeks and in winter there will be a vacation of (not) more than three weeks. The Director will take a decision about the commencement and the end.2. She has also pointed out ...
Atulkumar T. Jadwani (P.S.i.) Vs. Deputy Inspector General of Police
Court: Gujarat
Decided on: Dec-06-1988
Reported in: (1989)1GLR494
P.R. Gokulakrishnan, C.J.1. This Letters Patent Appeal is against the order passed by the learned single Judge, wherein the learned Judge rejected the Special Civil Application No. 7533 of 1988. In that petition, the appellant herein wanted to quash the order of suspension passed against him. The appellant while working as Police Sub-Inspector at Astodia Police Station is alleged to have accepted a sum of Rs. 1300/- as bribe and also got his motor cycle filled up with petrol worth about Rs. 20/-. It is also alleged that he delayed filing of the complaint given by one Chimanlal Maganlal. The complaint originally given by Chimanlal Maganlal was regarding a theft of certain silver materials. There is a clear allegation in the chargesheet that the appellant has not only accepted the bribe of Rs. 1300/-, but has also got his motor cycle filled with the petrol costing Rs. 20/- stating that he will investigate the matter. It is also clear that the registration of the complaint was delayed. Th...
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