Gujarat Court February 1989 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Natwarbhai Vrajlal Shah Vs. the Gujarat Government
Court: Gujarat
Decided on: Feb-24-1989
Reported in: AIR1990Guj8; (1989)2GLR771
Chauhan, J.1. The learned single Judge rejected the writ petition of the appellant, who had challenged the order by the Government, refusing the pension and other benefits to the appellant as a Freedom Fighter, observing that the appellant has failed to produce the evidence that he had undergone imprisonment for the freedom of the Nation. The learned single Judge also observed that the appellant was asked by the Government to produce satisfactory evidence and then his case would be considered. In view of the learned single Judge the decision of the Committee formed for considering such cases of the Freedom Fighters cannot be said to be any way arbitrary or unreasonable and the Committee was Justified in insisting upon the evidence as stated in the letter.2. The appellant applied to the Government for giving him the pension and other benefits as a Freedom Fighter. According to him he had undergone imprisonment for the cause of the Nation, for four months from August, 1942 and he was imp...
Dhirajbhai Thakorebhai Patel and ors. Vs. the Special Land Acquisition ...
Court: Gujarat
Decided on: Feb-24-1989
Reported in: AIR1990Guj34; (1989)2GLR812
Gokulakrishnan, C. J.1. This special civil application is to issue a writ of mandamus or any other writ directing the State Government to cancel S. 4 of the Land Acquisition Act Notification dt. Keith March 1983 and also to quash S. 6 of the said Land Acquisition Act Notification and also for directing the State Government not to proceed further with the impugned notifications or take any other action in that a air. There is an alternative prayer for issuing a writ or direction directing respondent No. 1 to refer the matter to the District Court, Surat under S. 30 of the Land Acquisition Act for deciding the proportion of the compensation payable to the petitioners. The short facts of this case are that s. 4(1) Notification was issued in respect of the land, in question in this special civil application and other lands on 16-3-1983. Before the issuance of the said Notification the petitioner No. 1 herein entered into a Banakhat with Shri Kalidas Gopalbhai Patel, who is the original own...
indrajit Vallavbhai Patel Vs. Collector of Kaira and anr.
Court: Gujarat
Decided on: Feb-24-1989
Reported in: (1989)2GLR865
P.R. Gokulakrishnan, C.J.1. Rule. Mr. G.D. Bhatt, Additional Government Pleader appears and waives service of the rule on behalf of respondents Nos. 1 and 3. Mr. Hemant Munsha appears for respondent No. 2 and waives service of the rule, with consent of parties, the matter is taken up for hearing today itself.2. The petitioner was an elected member of the Anand Nagar Palika. It was declared by the Collector, Kheda, by his order dated July 8, 1988 under Section 38 that the petitioner is disqualified under Section 11(2) of the Gujarat Municipalities Act, 1963. The said decision was upheld by the Director of Municipalities in appeal. Aggrieved by these orders the petitioner, who is a Councillor elected from Ward No. 10 of the Anand Nagar Palika, has filed this Special Civil Application for quashing the orders passed by the Collector, Kheda, and the Director of Municipalities which are Annexures 'A' and 'B' respectively to the petition. No doubt the petitioner has also prayed for a declarat...
Sanjeevkumar P. and anr. Vs. State Bank of India and ors.
Court: Gujarat
Decided on: Feb-23-1989
Reported in: (1989)2GLR747
Chauhan, J.1. Petitioners, some of the Officers in Junior Management Grade Scale 1 of the State Bank of India, have by this petition under Art. 226 of the Constitution of India, challenged the circular dated July 13, 1988 (Annexe 'C') issued by the respondent State Bank of India fixing the eligibility criteria and the zone of consideration for the promotion to the post of Officers Middle Management Grade Scale II by providing for the length of service from December 31, 1980 instead of the prior cut off date i.e. August 1, 1980 as arbitrary, unjustified, illegal, null, void and ultra vires the provisions of Section 43 of the State Bank of India Act, 1955 (hereinafter referred to as 'the S.B.I. Act'). 2. The grievance of the petitioners is that by extending the zone of consideration by fixing the cut off date by five months later on July 13, 1988, for the vacancies arising on August 1, 1986, the respondent Bank has applied the circular retrospectively without any powers under the provisi...
Mohmadkhan Sherkhan Pathan and ors. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Feb-21-1989
Reported in: AIR1990Guj10
Gokulakrishnan, C. J.1. This Special Application in to quash Ss. 4 and 6 Notifications in respect of acquisition of' the lands of the petitioners herein. Acquisition is for providing an approach road between Bhalak and Tarwad. Section 4 Notification was issued as early as 30-7-1983 and objection for the same was filed on 15-9-1984. On 4-12-1985, objections were heard. After taking into consideration the report sent by the Acquisition Officer, S. 6 Notification was issued on 29-1-1986. It is clear from the facts of the case that the award was made on 8-6-1987 itself. The present petition came to be filed as late as 5 th Sept. 1988, when specially S. 4 notification was issued as early as on 30-7-1983. Noting this inordinate delay on the part of the petitioners to approach this Court, Mr. Have brought to our notice the decision in the case of Aflatoon v. Lt. Governor of Delhi, reported in A I R 1974 SC 2077. The Supreme Court has correctly held (at p. 2081 of AIR):'A valid notification un...
Narendra Khemabhai Parikh Vs. National Textile Corporation Ltd. and an ...
Court: Gujarat
Decided on: Feb-21-1989
Reported in: (1989)2GLR1030
A.P. Ravani, J.1. The petitioner who is serving as Junior Clerk (Typist) in the head office of respondent No. 1-Corporation challenges the legality and vahditY of ihe order of discharging him from service which is produced at Annexure E to the petition.2. The petitioner belongs to Scheduled Caste. He was appointed as apprentice in the year 1978. After completion of apprenticeship period, with effect from September 12, 1979, he was appointed as Junior Clerk in the head office in the pay scale of 260-400.3. The petitioner was charged with for some misconduct to the effect that: (1) he was lacking in responsibility. (2) he was irregular in attendence, (3) habitual late coming, (4) dis-obedience of orders of superiors, (5) negligence in performing duties assigned to him, (6) negligence of work, (7) wilful damage to the property of the Corporation (Typewriter) and (8) absence without prior permission from duty. After holding enquiry under the provisions of the National Textile Corporation (...
B.P. Chauhan and anr. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Feb-17-1989
Reported in: (1989)2GLR883
P.M. Chauhan, J.1. Petitioners B.P. Chauhan and J.S. Patel, initially appointed as Clerks on February 24, 1961 and June 17, 1961 respectively, by the Director of Ports, Gujarat State. Ahmedabad and subsequently promoted as Senior Clerks on October 29, 1977. were sought to be reverted to the post of clerks by order dated November 15, 1979 as their provisional seniority was sought to be fixed at a lower stage, considering them as regularly appointed only from April 17, 1971 and not from the date of their appointment, as they appeared and passed through the test by Gujarat Public Service Commission, under the Gujarat Non-Secretariat Clerk-typists and Typists (Recruitment) Rules. 1970 and the Gujarat Non-Secretariat Clerks, Clerk-typists and Typists (Direct Recruitment Procedure) Rules, 1970. The main contention of the petitioners is that they should be considered as regularly appointed Clerks from the date of their appointment and not from the date of passing the above referred examinatio...
Gujarat Housing Board, Vijayanagar, Ahmedabad Vs. Rameshbhai T. Bhatt ...
Court: Gujarat
Decided on: Feb-16-1989
Reported in: AIR1990Guj30; (1989)2GLR253
Chauhan, J.1. Admit.By consent of the learned Advocates for the respective parties heard and finally decided.2. This Letters Patent Appeal is directed against the order cit. Dec. 29, 1988 by the learned single Judge of this Court, in Spl. Civil Application No.7361/88 filed by respondent No. 1 Rameshbhai T. Bhatt, under Art. 226 of the Constitution of India, directing the appellant Gujarat Housing Board to restore possession of the premises bearing No.78/343 situated at Sector 24, Gandhinagar, to the respondent No. 1, as the possession is unauthorisedly taken away from the respondent No. 1 by the appellant. The learned Judge also directed the respondent No.1 to deposit the entire amount of instalments due and payable to the Board by respondent No. 3, in this Court, on or before Jan. 10, 1989 and on the said amount being deposited in this Court, the Board is at liberty to withdraw the said amount and credit towards the dues in respect of the premises in question.3. The undisputed facts a...
Laxmansinh Vir Bahadursingh Gurkha Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Feb-16-1989
Reported in: 1990CriLJ279
P.M. Chauhan, J.1. Petitioner by this petition under Article 226 of the Constitution of India, has challenged the externment order No. 19/88 dated March 29, 1988, by the Deputy Commissioner of Police, Ahmedabad City, passed under Section 56, Bombay Police Act, 1951, duly confirmed in Appeal by the State Government.2. The Deputy Commissioner of Police, Crime Branch, Ahmedabad City, Mr. V.V. Rabari, under the order of the Commissioner of Police, under Sub-section (2) of Section 10 of the Bombay Police Act, exercises and performs the powers and duties conferred on the Commissioner of Police under Section 56, Bombay Police Act, and accordingly exercised the power under Section 56 of the Act. The Superintendent of Police, (GA) Division, Ahmedabad City served the notice dated July 4, 1986, under Section 59 of the Bombay Police Act to the petitioner containing the general nature of the material allegations against the petitioner and affording petitioner opportunity of tendering the explanatio...
C.K. Gauze Bandage Mfg. Co. and anr. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Feb-16-1989
Reported in: (1989)2GLR836
P.R. Gokulakrishnan, C.J.1. The petitioners are appellants in this letters patent appeal. The appellants filed Special Civil Application No. 8395 of 1988 for issue of a writ of mandamus or any other appropriate writ to quash and set aside the decision of the respondent Nos. 1 and 2 to offer tender for supply of bandage cloth in favour of respondent Nos. 3 and 4. There is a further prayer for directing the respondent Nos. 1 and 2 to accept the tender of the appellants after due negotiation for supply of bandage cloth in pursuance of the Tender Notice No. CMSO/ INST/F-98/RC/Bandage Cloth/87-88 dated 10-2-1988. There is also a consequential prayer for stopping the operation and execution of the impugned decision to offer the tender for supply of bandage cloths in favour of respondent Nos. 3 and 4 and also prohibiting the respondent Nos. 3 and 4 from commencing the work of supply of bandage cloth in pursuance of the tender notice. The short facts of the case for the purpose of hearing the ...
- ‹ Prev
- 2
- 3
- Next ›
- Last »