Gujarat Court October 1991 Judgments
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Jitendra Jinabhai Makwana Vs. Dist. Primary Education Committee and an ...
Court: Gujarat
Decided on: Oct-15-1991
Reported in: (1992)1GLR382
C.K. Thakker. J.1. This petition is filed by the petitioner against the cancellation of the appointment order passed by the District Primary Education Committee, District Panchayat, Bhavnagar, respondent No. 1 on March 12, 1991, by which an appointment of the petitioner as Primary Teacher came to be cancelled.2. For the purpose of the present controversy few facts may now be stated.The petitioner's birth date is November 7, 1971. In pursuance of the advertisement issued by the first respondent, Annexure 'A/1' to the petition; the petitioner made an application within stipulated time, the last date to apply was August 31, 1989. In pursuance of the interviews which were held on November 6, 1989, the petitioner came to be appointed by an order dt. February 6, 1991 and the petitioner was communicated about the said order on February 14, 1991 that he was posted at Sukhapur-Gariadhar. By the impugned order dt. March 12, 1991, earlier order of appointment was cancelled and the said order is c...
Kumari Ushaben Joshi Vs. State of Gujarat
Court: Gujarat
Decided on: Oct-14-1991
Reported in: (1993)1GLR100
K.G. Shah, J. 1. By this petition under Article 226 of the Constitution, the petitioner challenges the Notice Annexure 'C' to the petition dated 16/17th February, 1984 issued to her by respondent No. 2, the Director General & Inspector General of Police, Gujarat State, Ahmedabad. By that notice, respondent No. 2 has directed that the petitioner would be relieved from the service on the expiry of 30 days from the date of receipt of the notice by the petitioner. The petitioner has further prayed for a relief of quashing and setting aside the Resolution No. Bharat-1176-K, dated November 20, 1976 Annexure 'E' (it should really be Annexure 'D') to the petition, in so far as it does not provide for exemption from passing the post-training examination to the persons like the petitioner, whose appointments have been regularised and who have put in less than two years of service as on April 1, 1976. She has also prayed that after quashing the aforesaid resolution, a further relief be granted to...
Ratansing Pratapsinh Baria Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Oct-14-1991
Reported in: (1992)2GLR1216
S.M. Soni, J.1. Petitioner by this petition challenges the order of termination of his service. The petitioner further challenged the order on the ground that the said order of termination is in breach of provisions of Article 14 of the Constitution of India inasmuch as relying on certain rules as the grant of grace marks, other employees are declared and retained in service. However, he is not given the benefit of such rules and grace marks thereunder, and is removed from service on the ground that he has failed in the alleged examination. The order of termination is also challenged on the ground that it is bad in law inasmuch as the same is passed without a notice required under Rule 89 of the Gujarat Police Manual, 1975. The order is also challenged on the ground that the same is passed with retrospective effect in as much as the order is dated 14th May, 1984, while the termination thereby is with effect from 1st May, 1984. The petitioner has also challenged the order Annexure 2 dat...
The State of Gujarat Vs. Hargovandas Devrajbhai Patel and ors.
Court: Gujarat
Decided on: Oct-11-1991
Reported in: 1992CriLJ3598
J.M. Panchal, J.1. This appeal has been preferred by the State of Gujarat against the judgment and order passed by the learned Addl. Sessions Judge, Mehsana dated 30-5-1983 in Sessions Case No. 5/83 acquitting the respondents-accused of the offences punishable under Sections 201, 32 of the I.P. Code or under Section 302 r/w 34 & 114 of the I.P. Code.2. The respondents-accused are the police officers and respondent No. 1 as PSI while rest of the respondents as police, constables were serving at the relevant time at Vadnagar Police Station, Vadnagar town. The prosecution case, as narrated in the FIR dated 22-7-1982 given by police Head Constable Ramanbharathi Devabharathi P.W. 3 Exh. 30, which is at Exh. 65, is that the complainant H. C. Ramanbharathi was serving as a Head Constable at Vadnagar Police Station. since about one year of the date of the incident. On 19-7-1982, at about 8-05 p.m. he had come on duty as Police Station Officer at Vadnagar Police Station. At that time, PC Gambhi...
State of Gujarat Vs. Kantilal Bababhai Panchal
Court: Gujarat
Decided on: Oct-08-1991
Reported in: I(1993)DMC524; (1992)1GLR378
R.A. Mehta, J. 1. The respondent accused was charged with an offence punishable under Section 302 of IPC for having caused death of his wife by pouring kerosene over her and putting her to fire. The learned trial Judge has acquitted him mainly relying on the first statement made by the deceased herself before the Medical Officer which is recorded in the hospital case papers Ex. 36 by Dr. G.N. Thakkar, PW 9 as follows :'Informant patient herself without yadi : Alleged H/o Burns ...... Accidental by flames of stove while she tried to enlighten it today ataboutl2.30 p.m.'2. The learned A.P.P. appearing for the State has submitted that the dying declaration was recorded by the Executive Magistrate at Ex. 7 and in that statement, she has stated that about 11.30 in the morning, she was in the house and her husband (accused) was sitting near primus for rolling, rotis. He was rolling rotis and he stated that he would burn her. Therefore she herself gave him a kerosene can and she was sitting b...
induprasad Chunibhai Patel Vs. Central Board of Direct Taxes and ors.
Court: Gujarat
Decided on: Oct-07-1991
Reported in: [1993]200ITR688(Guj)
R.C. Mankad, Actg.C.J.1. The petitioner who is a civil engineer has filed this petition challenging the decisions of the Chief Commissioner of Income-tax, Ahmedabad, and the Central Board of Direct Taxes, which are at annexures 'A' and 'B', respectively, refusing to grant registration to him under section 34AB of the Wealth-tax Act, 1957 ('the Act' for short) 2. The petitioner passed the B.E. (Civil) examination in the year 1964. The petitioner started his independent private practice as a civil engineer in 1972, and he was granted registration as valuer under the Wealth-tax Act, on January 6, 1976. Section 34AE was inserted in the Wealth-tax Act, by the Finance Act, 1988, and under the said provision, every person whose name was included in the Register of Valuers, immediately before June 1, 1988, if he intended to continue to be registered under the Act, was required to make an application under sub-section (2) of section 34AB within a period of three months from that date, for being...
State of Gujarat and ors. Vs. H.C. Vora and ors.
Court: Gujarat
Decided on: Oct-04-1991
Reported in: (1992)1GLR282
G.N. Thakker, J.1. This appeal is filed by the State of Gujarat against the order passed by the learned single Judge (Coram: N.H. Bhatt, J.) dated October 4, 1978 by which the learned single Judge allowed the writ petition, i.e., Special Civil Application No. 1374 of 1973 holding that the petitioner was entitled to be considered alongwith other persons on the basis of seniority from the date when he was initially appointed as a Commuter in the office of the District Superintending Engineer, East Saurashtra, Irrigation Circle, as per order dated August 30, 1961 and the respondents (present appellants) were directed to extend all lawful benefits to the petitioner on the basis of the said date.2. It is the case of the original petitioner in the petition that he was appointed as a temporary Commuter by the Superintending Engineer, East Saurashtra, Irrigation Circle, by an order dated August 30, 1961. The said office came to be closed from December 15, 1967 and therefore, he was declared su...
Dipak Jasvantlal Shah Vs. Union of India (Uoi) and ors.
Court: Gujarat
Decided on: Oct-04-1991
Reported in: (1993)1GLR449
J.N. Bhatt, J.1. By this petition under Articles 226 and 227 of the Constitution of India, petitioner has challenged his termination order from service. The resume of the material facts giving birth to the present petition, may be mentioned, at the outset. The present petitioner was appointed as Clerk/Typist, on 12-7-1978, in the Office of Accountant General, Gujarat, Rajkot Branch. The appointment order is produced at Annexure B. As per the said order petitioner was appointed purely on temporary basis as Clerk/Typist in the pay scale of Rs. 260-400/- under the provisions of Central Civil Service (Temporary Service) Rules, 1965 (hereinafter referred to as 'T.S. Rules' for short). The petitioner resumed his duty on 20-7-1978 in Rajkot Office and was thereafter transferred at his own request to Ahmedabad Office with effect from 1-9-1979.2. After completion of 3 years of service the petitioner made representation to the respondents to grant him the quasi-permanent status as per the provis...
Salim Rajmohmad Pathan and ors. Vs. State of Gujarat
Court: Gujarat
Decided on: Oct-03-1991
Reported in: (1992)1GLR99
B.J. Shethna, J.1. Mr. Saiyed, learned Counsel for the petitioners has submitted before me that the incident took place on 8th May, 1991 and the complaint is filed on the next day, i.e., on 9th May, 1991 at 10-15 a.m. that means it is filed nearly after 12 hours. Mr. Saiyed also pointed out that the Police Chowky is near to the place of residence of the complainant, therefore, the delay is fatal. From the bare reading of the complaint, it becomes clear that the complainant who is a woman, was totally helpless and she was frightened, she could not come out from her house during night time and on the next day in the morning at about 10-15 a.m., she had gone to the Police Station and lodged the complaint. Therefore, merely because the complaint is filed after 12 hours would not be a ground for this Court to release the petitioners on bail.2. Mr. Saiyed further submitted that the statement of the complainant made in the complaint is not at all reliable, because in the complaint she has giv...
Shri Vanthali Vibhagiya Nagarik Sahkari Bank Ltd. Vs. State of Gujarat ...
Court: Gujarat
Decided on: Oct-03-1991
Reported in: (1993)1GLR340
S.D. Shah, J.1. Rule. Mr. B. M. Mangukia, learned A.G.P. waives service of rule on behalf of respondent Nos. 1, 2 & 5. With the consent of learned Advocate for petitioner and A.G.P. for respondent Nos. 1, 2 & 5 matter is heard finally.2. By this petition under Article 227 of the Constitution of India petitioner, a duly registered Co-operative Society challenges the action of the Registrar, Co-operative Societies respondent No. 2 herein of appointing three members in the Board of Directors of the petitioner-Bank under bye-law No. 28 of Vanthali Vibhagiya Nagarik Sahakari Bank Ltd. The said order appointing respondent Nos. 3 & 4 and also the officer of the Co-operation Department as members of the Board of Directors of the petitioner-Bank is issued vide order dated 23-2-1991 which is at Annexure 'A' to the petition. This order is the subject-matter of challenge in this petition,3. Short facts giving rise to the present petition are as under:(i) The petitioner is a duly registered Co-oper...
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