Gujarat Court July 1994 Judgments
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Sumanben H. Pandya (Dr.) Vs. Dhansura Pradesh Education Society and or ...
Court: Gujarat
Decided on: Jul-12-1994
Reported in: (1994)2GLR1797
B.N. Kirpal, C.J.1. We have heard the Counsel for the parties on the point in issue, viz., the validity of Section 14(3) of the Gujarat Affiliated College Services Tribunals Act, 1982. Section 14 deals with the dismissal, removal or reduction in rank of college employees. It, inter alia, provides for an enquiry to be held and opportunity of hearing being granted. It further stipulates that any action, which is proposed to be taken, should be approved by the Vice-Chancellor of the relevant University. Sub-section (3) thereof states that if the Vice-Chancellor fails to communicate either approval or disapproval within the period of forty-five days, then the proposed action shall be deemed to have been approved by the Chancellor. 2. It is submitted by the learned Counsel for the petitioner that this provision is ultra vires Arts. 14 and 21 of the Constitution of India. It is submitted that the said provision confers unbridled power to the Vice-Chancellor to exercise the power or not to ex...
The Chief Controlling Revenue Authority Vs. Vishal Malleables Ltd.
Court: Gujarat
Decided on: Jul-12-1994
Reported in: (1994)2GLR1357
M.B. Shah, J.1. An agreement executed on 5th February, 1979 between M/s. Vishal Malleables Ltd., a company registered under the Companies Act, 1956, and having its registered office at G.I.D.C. Industrial Estate, Ankleshwar, District Broach (First Part), Gujarat State Financial Corporation (G.S.F.C. - Second Part), Gujarat Industrial Investment Corporation Ltd. (G.I.I.C. - Third Part) and the Bank of Baroda (Fourth Part), was registered with the Sub-Registrar of Ankleshwar on 8th February, 1979 at Sr. No. 82. The said instrument was executed by affixing a Stamp Duty of Rs. 10/- as if it was an agreement as provided under Article 6 of the Bombay Stamp Act, 1958 ('the Stamp Act' for short). At the time of audit of the Sub-Registrar's Office, the Deputy Accountant General referred to the said instrument and arrived at the conclusion that the instrument was not evidencing the deposit of title deeds or pari passu agreement between the financial institutions and the company but it contained ...
Smt. K.M. Vasantha Vs. Chief Secretary, Gujarat State and ors.
Court: Gujarat
Decided on: Jul-04-1994
Reported in: (1995)IILLJ1135Guj
ORDERS.D. Shah, J.1. During summer vacation this Court passed following order:-'Rejected for the reasons to follow'.I now proceed to record reasons for summarily rejecting the petition.By this petition under Article 226 of the Constitution of India the petitioner, English stenographer Grade-I (Class-II) and Personal Secretary to Director General Police has challenged the order bearing No. LPK-1095-357-KH-4 dated May 5, 1994 by which she is transferred as Personal Secretary to Director General of Police, C.I.D (Crime and Railways). The transfer is within the city of Ahmedabad itself from one office to another in me same compound. The order of transfer inter alia recites mat she would hand over charge of the post to V.P. Muralidharan, Private Secretary (English Stenographer Gr-I) (Class-II). Pursuant to such order of transfer V.P. Muralidharan had already taken over the charge of the post.2. Before setting out and specifically dealing with the legal submissions made by the learned counse...
Gujarat State Bakers' Federation and Ors. Vs. State of Gujarat
Court: Gujarat
Decided on: Jul-01-1994
Reported in: (1995)1GLR73; (1995)ILLJ1224Guj
S. Chatterji, J.1. Gujarat State Bakers' Federation and two other members of the said Federation have filed this petition challenging the Notification No. KH-R-226-MWA-5581-37864-M(2) dated 27th March 1986, issued under the Minimum Wages Act, 1948 (Annexure A to the petition) and for appropriate writ declaring Clause 7 thereof as ultra vires the Constitution of India. 2. It is stated in details that the petitioner Association is having 200 to 300 Members spread throughout the State of Gujarat. They are producing bread, biscuits, cookies, cakes, etc. There are very few bakeries where the production activity is carried on with the help of machines and most of the bakeries are having large number of workers. The respondent State has the power to fix minimum rates of wages for the workers employed by the petitioners and in fact, the respondent decided and followed the procedure prescribed by the Minimum Wages Act, 1948 (hereinafter referred to as the Act). In fact, the respondent was requi...
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