Gujarat Court December 1992 Judgments
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State of Gujarat and ors. Vs. Laxmansing Sartansing and ors.
Court: Gujarat
Decided on: Dec-07-1992
Reported in: (1993)1GLR279
S. Nainar Sundaram, C.J.1. This Letters Patent Appeal has got to be allowed when we take note of the pronouncement of a Bench of this Court in State of Gujarat and Anr. v. Saratsinh R. Sisodia and Ors. 1992 (2) GLH 261 [1993 (1) GLR 285].2. The respondents, who have been in the cadre of Armed Police Constables, have been given promotions on 28-1-1980 as Second Grade Head Constables in the reserved quota as per a policy that prevailed before the introduction of the statutory rules effective from 6th August, 1979. Their promotions were, apparently, contrary to the statutory rules. On 2-4-1980 this mistake was set right. The respondents came to this Court by way of Special Civil Application No. 3061 of 1980, seeking to delete the proceeding dated 2-4-1980 and asking for their promotions being maintained. The learned single Judge, who dealt with the Special Civil Application, took note of a pronouncement of a learned single Judge of this Court in similar matters and deemed fit to allow the...
Ratilal Amarshi Chawda Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Dec-07-1992
Reported in: (1993)1GLR731
J.N. Bhatt, J.1. Petitioner herein is the original complainant who has questioned the legality of the order with regard to the disposal of muddamal passed by the learned Additional Sessions Judge, at Morvi, in Criminal Revision Application No. 24 of 1987, on 24-12-1991, by invoking the aids of the provisions of Section 397 read with Section 401 of the Criminal Procedure Code, 1973 ('Code' for short).2. A conspectus of salient and relevant facts giving birth to the present revision may shortly, be narrated at the outset with a view to appreciate the merits of the revision and the challenge against it.3. The petitioner had filed a Criminal complaint with Morvi Police Station, on 3-6-1985, in connection with the theft of 3 tons of pig iron, committed in his factory premises in the night of 2-6-1985 pursuant to which offence with C. R. No. 63 of 1985 was registered and investigation was commenced.4. The police, during the course of the investigation, had arrested one Satwara Jeram as one o...
Satyendra Kumar Parbatsinh Zala and ors. Vs. Secretary, Govt. of Gujar ...
Court: Gujarat
Decided on: Dec-04-1992
Reported in: (1993)IILLJ252Guj
1. Appointment on compassionate ground in a public employment, though now judicially recognised in India by various dictums of the Supreme Court and many High Courts, does require investigation as to whether there is a right in the dependent of the deceased employee to get public employment or as to whether there is any legal obligation on the employer to offer such appointment. While considering such a question which arises for consideration in this group of petitions, this Court is reminded of the following famous anecdote : 'A bustling society woman called on President Lincoln and told him, 'My son must be given a commission. It is right of our family, Sir, since my grandfather fought at Lexington, my uncle was one of the few who stood his ground at Bladensburg, my father was in the battle of New Orleans and my husband died in the battle of Monterey.' 'My dear lady' said Abraham Lincoln' your family had done enough for the nation. It is time to give somebody else a chance'.' 2. Thi...
Maheshbhai H. Parekh Vs. District Magistrate and ors.
Court: Gujarat
Decided on: Dec-02-1992
Reported in: 1994CriLJ365
K.J. Vaidya, J.1. The petitioner who happens to be a cousin brother of the detenu-Rajnikant Shantilal Parekh, has by this writ of Habeas Corpus, challenged the impugned order of detention dated 26-8-1992 made by the District Magistrate, Bhavnagar under Section 3(2) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980, inter alia praying for quashing and setting aside the same and releasing the detenu setting him at liberty forthwith on the following two grounds; namely --(1) That despite the fact that though the Detaining Authority himself by his own duly signed committal order, dated 26-8-1992, had directed the detenu to be detained at the District Jail, Bhuj at Kachchh, still however, surprisingly enough in the first three lines of even dated Grounds of Detention, he informed the detenu to make representation through the Superintendent, Sub-Jail, Bharuch? This patent infirmity on face of it clearly demonstrates the casual and mechanical ...
Ahmedabad Textile Research Association Vs. Atira Employees Union and a ...
Court: Gujarat
Decided on: Dec-01-1992
Reported in: (1994)IILLJ912Guj
S. Nainar Sundaram, C.J.1. The respondents herein preferred Special Civil Application No. 5284 of 1992 seeking to quash the order of the City Civil Court, Ahmedabad, made in Civil Suit No. 3801 of 1992 on July 31, 1992. In this Special Civil Application, the appellant herein was the respondent. The suit was one laid by the appellant. In this Letters Patent Appeal, we need not go into the merits of the suit at all since the attack in the Special Civil Application was only on the interim order pending the suit; and it is sufficient if we examine that aspect alone. Pending the suit, the appellant, who shall be hereinafter referred to as the 'plaintiff, wanted a temporary injunction against the respondents, who shall hereinafter to be referred to as the 'defendants', in the following terms:'The Hon'ble Court may be pleased to grant ad interim injunction in favour of the 'plaintiff and against defendants, restraining defendant No. 1 - Union, defendant No. 2 - all members of defendant No. 1 ...
Sodha Parmar Chhanabhai Gandabhai Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Dec-01-1992
Reported in: (1993)1GLR738
M.B. Shah, J. 1. The petitioner is holding traders' licence from the Agricultural Produce Market Committee, Kapadwanj (hereinafter referred to as the said Market Committee) and he was elected as member of the Market Committee from the Traders Constituency in the previous election. The election of the Market Committee was held in June 1987. The term of the said Market Committee had expired on 25th May, 1991. The State Government extended term of the Committee for the period upto 31st December, 1991.2. At the time of hearing of the matter, the learned Counsel for the petitioner has produced on record the Government Gazette dated 1st August, 1991 to point out that by exercise of powers under Section 11(2)(a) of the Gujarat Agricultural Produce Markets Act, 1963, the Director has nominated the members on the Market Committee for a period upto 31st December, 1991. The relevant part is as under:In exercise of powers conferred under Sub-sections (2)(a) and (b) of Section 11 of the Gujarat Pro...
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