Gujarat Court August 1988 Judgments
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Narayan Vanmalidas Valand Vs. Dy. Commissioner of Police and anr.
Court: Gujarat
Decided on: Aug-22-1988
Reported in: (1989)1GLR111
P.R. Gokulakrishnan, C.J.1. This petition is to quash and set aside the order of externment dated 31-1-1987, which is Annexure 'A' to the petition. In this case, the order of externment was passed as early as on 31-1-1987. In the year 1985, the petitioner herein was detained under the provisions of PASA. The said order of detention, according to the petitioner, was set aside by this Court by order dated 18-3-1986. Subsequent to this order releasing the petitioner from detention, the order of externment was passed on 31-1-1987, externing the petitioner for a period of two years from Baroda City, Baroda Rural, Kheda, Bharuch and Panchmahals districts. The said order of externment was challenged by the petitioner before respondent No. 2 herein and the respondent No. 2, the State Government, has confirmed the said order by order dated 8-5-1987. On 22-5-1987, there was another order of detention under PASA by the Commissioner of Police, Baroda City. The said order of detention was challenge...
Yashkamal Builders Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Aug-22-1988
Reported in: (1989)1GLR382
R.C. Mankad, J.1. Petitioner, which is a partnership firm, has filed this petition challenging the order Annexure 'H' dated January 12, 1987 passed by the State Government cancelling permission for non-agricultural use of land granted by Taluka Development Officer, Halol in respect of Survey Nos. 113/1 and 55 of village Penclav (hereinafter referred to as 'the land') Taluka Halol, District Panchmahals.2. One Mulchand Hirabhai Parikh, who was the occupant of the land made an application for permission to use the land for non-agricultural purposes to the Taluka Panchayat of Halol. The Taluka Development Officer of the Taluka Panchayat, Halol granted such permission by his order Annexure 'A' dated December 17, 1981. The petitioner purchased the land for consideration of Rs. 48,257/- from Mulchand Hirabhai Parikh under a Registered sale deed dated January 29, 1982. The land was mutated to the name of the petitioner in the revenue records. On March 4, 1986 the State Government issued notice...
Ranjitsinh Dilubha Jadeja Vs. District Magistrate and anr.
Court: Gujarat
Decided on: Aug-22-1988
Reported in: (1988)2GLR1469
A.P. Ravani, J.1. The petitioner has been detained as per order of detention dated March 4, 1988 passed by the District Magistrate. Jamnagar on the ground that he is a dangerous person as defined under the provisions of the Gujarat Prevention of Anti-Social Activities Act, 1985 (for short 'the Act') and his activities as such person was (were) likely to adversely affect the maintenance of public order and therefore, with a view to prevent him from indulging in such activities, the detaining authority thought it fit to pass the order as stated above.2. The order of detention is challenged on the ground that the statements of three persons named hereinbelow and which have been relied upon by the detaining authority are false and fictitious and these persons have, as a matter of fact, filed affidavit to the effect that their signatures were obtained by the police on blank paper. That three persons are Bhanji Ramji, Jatubha Sodha and Kameshgiri Ochhavgiri. Therefore, it is submitted that i...
Naranbhai Jivram Patel Vs. Naranbhai Jothidas Patel and anr.
Court: Gujarat
Decided on: Aug-19-1988
Reported in: AIR1989Guj181; (1989)1GLR21
Shah, J.1. T his appeal has been directed against the judgment an order dt. 29-3-79 rendered in Special Civil Application No. 174 of 1978. Appellant herein is the original petitioner.2. A few facts require to be noticed at the outset. In the aforesaid petition, the reliefs claimed, inter alia, were as under : -'17(a) That Your Lordships will be pleased to issue a writ of or in the nature of certiorari or any other writ, order or direction of setting ,aside the judgment and order dt. 21st Jan., 1978 (Exh. 'E') Passed by the Tribunal constituted under Gujarat Secondary Education Act, 1972 below Exh. 10 in application No. 208 of 1977 and Appeal No. 6 of 1977;(aa) That Your Lordships will be pleased to issue a writ of or in the nature of certiorari or tiny other writ, order or direction setting aside the judgment and order dt. 2nd May 1978 passed by the Tribunal constituted under the Gujarat Secondary Education Act, 1972 in Application No. 208 of 1977 and Appeal No. 6 of 1977; '3. The afor...
Hiraben Sadashiv Pawar Vs. Commissioner of Police and ors.
Court: Gujarat
Decided on: Aug-19-1988
Reported in: (1989)1GLR27
B.S. Kapadia, J.1 The petitioner Hiraben Sadashiv Pawar, who is the detenu has filed the present petition for a writ of habeas corpus with a prayer for setting aside the impugned order of detention passed against her and for setting her at liberty forthwith.2. The Commissioner of Police, Baroda City, on his being satisfied with the respect to the present petitioner that with a view to preventing her from acting in any manner prejudicial to the maintenance of public order in Baroda City it is necessary to make an order directing that she be detained, has passed the impugned order on 1-3-1988 in exercise of the powers conferred on him by Sub-section (2) of Section 3 of the Gujarat Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as 'the Act'). The said order is served on the petitioner on the same day and she was detained also on the same day. The petitioner was also served with the grounds of detention.3. On perusal of the grounds it appears that there are about s...
Chothmal Sugansingh Rajput Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Aug-18-1988
Reported in: (1989)1GLR63
P.R. Gokulakrishnan, C.J.1. This petition is for issuing an appropriate writ or direction to quash and set aside the order of externment passed by the Deputy Commissioner of Police, Ahmedabad City and confirmed by the State of Gujarat in its Home Department. The Police Superintendent, 'K' Division, Ahmedabad City, issued notice under Section 59 of the Bombay Police Act to the petitioner herein, mentioning the following allegations:(i) You have looted money by showing Rampury knife by giving first blows to the persons residing in the above localities or innocent persons passing through the said localities;(ii) You have purchased articles of necessities of life from the businessmen dealing in the said items without payment of money and when the businessmen demand money for the same from you, you are not paying the amount legally due to them for the said items and you beat said businessmen;2. It is further alleged in the notice that the petitioner is a dangerous and fanatic person and doi...
Dariapur Patel Co-op. Housing Society Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Aug-18-1988
Reported in: (1988)2GLR1460
P.R. Gokulakrishnan, C.J.1. This Special Civil Application is for issue of a writ of mandamus or any other appropriate writ order or direction quashing and setting aside Order No. JAM/2087/258/Dha dated 28-4-1988, passed by respondent No. 1 vide Annexure 'B' thereto in respect of land bearing Final Plot No. 32 of Town Planning Scheme No. 3 of Ahmedabad.2. Rule. Mr. M.I. Hava, learned Counsel, waives service of rule on behalf of the 1st respondent. Mr. G.N. Desai, learned Counsel, with Mr. Rakesh Gupta, learned Counsel, waives service of rule on behalf of respondent No. 3. Respondents Nos. 4, 5, 6 and 7 are children of respondent No. 3. The matter was taken up for final hearing.3. The short facts of this case for the purpose of disposal of this Special Civil Application are that, the petitioner is a Co-operative Housing Society. As an acquiring body, it proposed to the Government to acquire the suit land, which is Final Plot No. 32 of the Town Planning Scheme No. 3, admeasuring 3787 Sq....
Budhabhai Somabhai Parmar Vs. District Magistrate and ors.
Court: Gujarat
Decided on: Aug-17-1988
Reported in: (1989)1GLR325
A.P. Ravani, J.1. The petitioner-detenu challenges the legality and validity of the order of his detention dated June 1, 1988 passed by the District Magistrate, Kheda, under the provisions of Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 (hereinafter referred to as 'the Act').2. The petitioner was having a licence for fair price shop at village Fatepur, District Kheda. His shop was searched by the Mamlatdar in the month of August, 1987. Thereafter, further search was made by the Supply Inspector and again some enquiry was also made by the office of the Collector. On the basis of the materials collected during the course of investigation by the respective officers and which was placed before the detaining authority, the detaining authority (i.e. the District Magistrate, Kheda) came to the conclusion that the petitioner-detenu was indulging in the activities prejudicial to the maintenance of supplies of essential commodities viz. pamoline oil...
Salambhai Lakhabhai Khant and ors. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Aug-16-1988
Reported in: (1989)1GLR130
M.B. Shah, J.1. Being aggrieved and dissatisfied by the judgment and order dated 17th May, 1988 passed by the Additional Development Commissioner, Gujarat State, in Revision Application No. 136 of 1987, the petitioners have filed this revision application. By the impugned order Additional Development Commissioner has set aside the Resolution dated 30-6-1987 as per agenda No. 1 passed by the Taluka Panchayat, Balasinor, district Kheda.2. On 27th March 1987, the meeting of the Taluka Panchayat, Balasinor, was called to consider the budget for the year 1987-88 and to constitute the Executive Committee and Social Justice Committee. In the said meeting budget for the year 1987-88 was not passed. For that Resolution No. 1 was passed rejecting the approval of the budget. Election of the Executive Committee was held and as per Resolution No. 2 members who secured more votes were declared to be elected as members of the Executive Committee. By Resolution No. 3 members who had secured more votes...
Alembic Glass Industries Ltd. Vs. Union of India
Court: Gujarat
Decided on: Aug-12-1988
Reported in: 1989(23)LC222(Gujarat); 1989(43)ELT16(Guj)
ORDERAhmadi, J 1. Rule. Mrs. Mehta waives service of the rule on behalf of the respondents. By consent heard today. 2. After the petitioners' classification list was approved by the department, three show cause notices were issued purporting to be under Section 11A of the Central Excises and Salt Act, 1944 (hereinafter called 'the Act'). The first notice was dated November 23, 1984 and covered the period from 1-1-1981 to 31-1-1983; the second notice was dated November 26, 1984 and covered the period from 1-2-83 to 31-10-1984 and the third notice was dated January 18, 1985 and covered the period from 1-11-1984 to 31-12-1984. These three notices have been produced at Annexures 'B' and 'E' to the petition. In all these three notices it is mentioned that the grounds on which the duty is proposed to be recovered have been set out in Annexure 'A' to the show cause notice. Annexure 'A' to all the three show cause notices is practically in identical terms and we are concerned with two paragrap...
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