Gujarat Court February 1991 Judgments
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State of Gujarat Vs. Badal Ramjibhai Sagar
Court: Gujarat
Decided on: Feb-15-1991
Reported in: (1991)1GLR422
S.D. Dave, J.1. This First Appeal has been directed against the judgment and decree pronounced by the learned City Civil Judge, Court No. 7, Ahmedabad City, dated 30th January, 1987, decreeing the suit of the plaintiff-employee against the defendant-State.2. The present appellant is the original defendant-State, while the present respondent is the original plaintiff Govt, servant.3. The original plaintiff Shri Badal Sagar has filed the Civil Suit No. 3019 of 1986 against the State for the declaration that the defendant is not entitled and authorised to transfer him from his present post and for the permanent prohibitory injunction restraining the defendant from transferring him to Sadra or at any other place. The case of the plaintiff-Shri Badal Sagar is that he was appointed as a junior clerk by the District Collector, Ahmedabad, by the orders dated 7-7-1981 and thereafter he was allocated to the service under the Health Department with effect from 15-7-1981. According to him, since t...
State of Gujarat Vs. Rashish Ahmed Rafik Ahmed
Court: Gujarat
Decided on: Feb-14-1991
Reported in: (1991)1GLR548
M.B. Shah, J.1. Being aggrieved and dissatisfied by the judgment and order dated 26th August, 1988 passed by the Sessions Judge, Junagadh, in Sessions Case No. 79 of 1988 acquitting the respondent-accused for the offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, the State of Gujarat has filed this appeal.From the possession of the accused 1,800 Kgs. of Charas was found on February 28, 1988 at about 6 p.m. in Junagadh City. The accused was charged for the offences punishable under Section 66(b) of the Bombay Prohibition Act and Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, hereinafter referred to as 'Narcotic Act'. The learned Sessions Judge convicted the accused for the offence punishable under Section 66(b) of the Bombay Prohibition Act and imposed the sentence of six months' S.I. and fine of Rs. 1,000/-, in default, two months' S.I. He acquitted the accused for the offence punishable under Section 20 of the Narcotic Act. A...
State of Gujarat Vs. C.K. Patel
Court: Gujarat
Decided on: Feb-13-1991
Reported in: [1992(65)FLR755]; (1991)2GLR995
1. This group of nine acquittal appeals by the State arise out of the judgment and order dated February 6, 1990, passed by the learned J.M.F.C., Deesa wherein the respondent-accused who came to be tried for the alleged contravention of certain provisions under the Gujarat Minimum Wages Rules, 1961 read with Secs. 18 and 22 of the Minimum Wages Act, 1948, was ordered to be acquitted on the short ground of the complainant being absent when the cases were called out. 2. Mr. D. K. Trivedi, the learned P. P., while challenging the impugned orders of acquittal, with due respect to the trial Court, submitted that these days a tendency appears to be increasingly growing taking offences under the labor legislation too lightly and accordingly are more disposed off perfunctorily rather than deciding them on merits. The learned P.P. further submitted that in the instant cases also, the trial Court has not evinced the desired care while arbitrarily terminating the trials into premature acquittals. ...
C.D. Chauhan and ors. Vs. Reserve Bank of India and anr.
Court: Gujarat
Decided on: Feb-13-1991
Reported in: (1991)2GLR1192
S.D. Shah, J.1. This petition under Article 226 of the Constitution of India filed by 35 Daily wage (Tikka) Mazdoors projects sorry state of affairs in a model banking institution, namely, the Reserve Bank of India towards its employees from whom the work is taken regularly and intermittently since 1983 and who are till date regarded as daily wage mazdoors after expiry of 7 to 8 years of their regularly irregular employment. The grievance of the petitioners in this petition is that despite their availability for being absorbed as regular mazdoors/peons they are being denied the right to absorption and/or regularisation in the service of respondent-Bank while the respondent-Bank confers such right on selected few thereby totally negating the equal opportunity in the matter of employment to these have-notes of the society.2. The Government which speaks of right to work or right to job at least to an individual in a family can illdefend this petition on any ground. Justice Douglas of the ...
Prof. A.N. Karia and ors. Vs. M.S. University and ors.
Court: Gujarat
Decided on: Feb-13-1991
Reported in: (1991)2GLR881
S.D. Shah, J.1. Petitioners invoke extraordinary jurisdiction challenge the selection and consequent appointment of respondent No. 3 to the post of Registrar, M.S. University, Baroda.2. Petitioner No. 1 who was educationally qualified for the post of Registrar had to his credit rich experience to be called for and to be considered for the post of Registrar and his grievance is that he excluded from consideration by the respondents Nos. 1 & 2 which has resulted into denial of equality of opportunity in the matter of appointment as guaranteed by Articles 14 & 16 of the Constitution of India. It is an undisputed fact that the petitioner was not even called and considered for the post of Registrar. Petitioner Nos. 3 & 4 approach this Court on the ground that they were prevented from applying for the post of Registrar inasmuch as the qualification required for the post was a good Post-graduate degree which they did not possess. They were not informed that this educational qualification was ...
Second Addl. Special Land Acquisition Officer Vs. Ranchhodbhai Desaibh ...
Court: Gujarat
Decided on: Feb-11-1991
Reported in: (1992)1GLR365
R.A. Mehta, J.1. The State is aggrieved by the judgment and award of enhancement of compensation from Rs. 0.07 per sq. mt. awarded by the Land Acquisition Officer to Rs. 7.50 per sq.mt. (Rs. 7.43 per sq. mt. additional) in respect of 3,20,776 sq. mts. with 30% solatium and 15% interest per annum from the date of possession till the date of award of Land Acquisition Officer and 9% per annum till one year after the possession was taken. It is further directed that if the amount is not paid within one year from the date of the award of the Court, the claimants will be entitled to the interest at the rate of 15% per annum till the entire amount is deposited. The additional award is for Rs. 43,75,662.29 and with running interest, the award is of more than one crore of rupees as against the award of the Land Acquisition Officer which was of less than Rs. 2,50,000/-.2. Section 4 Notification was issued on January 12, 1978 as the land was likely to be needed for a public purpose, namely, for c...
Jitendra Gupta Vs. Ramchandra Sardare
Court: Gujarat
Decided on: Feb-08-1991
Reported in: (1991)2GLR792
R.K. Abichandani, J.1. The petitioner seeks to challenge the order dated 6th October, 1990 passed by the learned Joint Civil Judge (J.D.), Gandhidham in Civil Suit No. 147 of 1988 below Exh. 25 granting leave to defend to the respondent. The main grievance of the petitioner is that, when the defendant had not filed application for leave to defend for a long time and the petitioner had already moved the Court by applications Exhs. 12 and 14 to pass a decree under Order XXXVII Rule 6 since no application for leave to defend was filed as required by Order XXXVII Rule 5 and the learned Civil Judge had directed that the matter be posted for pronouncement of judgment. The trial Court had, instead of pronouncing judgment, granted leave to defend on an application made by the respondent after the earlier order directing to place the matter for pronouncement of judgment was passed.2. The petitioner has sued the respondent for recovery of Rs. 3,685/- with interest on the ground that the responde...
Associated Cement Co. Ltd. Vs. R.M. Gandhi, Regional Provident Fund Co ...
Court: Gujarat
Decided on: Feb-06-1991
Reported in: (1991)2GLR1286; (1995)IIILLJ368Guj
A.P. Ravani, J.1. A common order dated January 20, 1979 passed by the Regional Provident Fund Commissioner, Gu-jarat State. Ahmedabad holding that the provident fund and other dues are required to be paid on the amount of Rs. 450/- paid to each employee pursuant to agreement dated May 7, 1975 is under challenge in all these petitions.Facts in Brief:2. In October, 1973, the Union Labour Minister passed an award in respect of scales of pay, service weightage and fitments, additional dearness allowance etc. payable to the employees engaged in the Cement Industry. Even thereafter some disputes persisted. The negotiations which took place between the parties had broken down on account of the disagreement on the question of: (i) the date from which the new pay scales, increments, fitments, etc. would be brought into effect and (ii) the quantum of house rent allowance. Mr. T.A. Pai. the then Minister for Industry and Civil Supplies was requested to use his good office to resolve the disputes....
Kumbhar Yakub Jusab Vs. Bhuj Municipality and ors.
Court: Gujarat
Decided on: Feb-06-1991
Reported in: (1991)2GLR755
S.D. Shah, J.1. Petitioner in this petition challenges the notification notifying the election programme for Bhuj Municipality-respondent No. 1 herein pursuant to the order passed by the D.B. of this Court, dated 11th October, 1990 and he further challenges the notification insofar as it relates to reservation of seats for Scheduled Caste in Ward Nos. 6 & 9.2. This litigation has a chequered history. The election of Councillors of Bhuj Municipality was due in May, 1990. The notification of election programme and reservation of seats for women and Scheduled Caste candidates was issued. It was subject-matter of challenge in Special C.A. No. 4171 of 1990 wherein the failure to rotate the reserved seats of women in three wards was the main and perhaps the only ground of challenge. The learned single Judge of this Court stayed the election which gave rise to the two Letters Patent Appeals. Finally, by judgment and order, dated 11-10-1990 which was the order passed by consent and concurrence...
Bimalbhai Amratbhai Thadesar Vs. Chetan Ambalal Shah and anr.
Court: Gujarat
Decided on: Feb-05-1991
Reported in: (1991)2GLR835
J.U. Mehta, J.1. The present petitioner who is the original complainant before the Police has approached this Court by this revision from the judgment and order of acquittal dated 8-3-1984 passed by the learned Metropolitan Magistrate, Court No. 2, Ahmedabad in Criminal Case No. 1026 of 1983.2. It is the case of the prosecution that on 17-5-1983, the complainant and two prosecution witnesses, viz. Prakash and Sanjay were standing near a Pan Galla situated in front of the Raghukul Society. Prakash asked the accused as to why he had come and the accused told not to talk about him and further told that he was a Dada. According to the prosecution, on the next day, i.e., 18-5-1983 at about 9-15 to 9-30 p.m. when the complainant and the prosecution witnesses, viz. Praksh and Sanjay were standing at the Pan Galla, the accused with two other persons came in an auto-rickshaw. The accused Chetan was armed with a knife and another person was armed with an iron-pipe and the third one was armed wit...
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