Gujarat Court September 1994 Judgments
Commissioner of Higher Education Vs. Prajapati Amrutbhai Somabhai and ...
Court: Gujarat
Decided on: Sep-30-1994
Reported in: (1994)2GLR1776
Calla, J.1. This Special Civil Application under Art. 226 of the Constitution of India has been filed by the Commissioner of Higher Education against the decision of the Gujarat Affiliated College Services Tribunal rendered on 28-1-1994. 2. The respondent No. 1 was serving as Accounts Clerk at Sabar Arts and Commerce College, Prantij. Advertisement was issued by respondents Nos. 2 and 3 inviting applications for appointments on the post of Accounts Clerk and the respondent No. 1 applied for the same in response to the notice inviting applications dated 7-8-1992. For making recruitment against the posts advertised vide Notification dated 7-8-1992, the office of the Commissioner of Higher Education, i.e., the present petitioner had issued No Objection Certificate on 27-7-1992. Not only that, the representative of the petitioner also participated when the interviews were held on 29-12-1992. The respondent No. 1 was selected for the said post and appointment order was issued on 7-1-1993 in...
Tag this Judgment!Rasikchandra Devshanker Acharya and ors. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Sep-29-1994
Reported in: (1995)1GLR36
B.N. Kirpal, C.J.1. Proclaiming their commitment to the upholding of the democratic principles and institutions in this country some public spirited citizens have filed writ petitions, which are, inter alia, being disposed of by this common judgment, challenging the validity of the Gujarat Local Authorities (Temporary Postponement of Elections) Act, 1994 (hereinafter referred to as 'the Impugned Act') whereby elections which are or will become due of the Panchayats, Municipalities and the Corporations are sought to be postponed till after 4th January, 1995.2. In the State of Gujarat, there are three types of local authorities in existence viz., Panchayats in the rural areas and Municipalities and Municipal Corporations in the urban areas. The Panchayats were originally governed by the provisions of the Gujarat Panchayats Act, 1961 but the said Act has now been replaced by the Gujarat Panchayats Act, 1993 (hereinafter referred to as 'the Panchayats Act'). The Municipalities are governed...
Tag this Judgment!Patel Kanjibhai Govindbhai Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Sep-28-1994
Reported in: (1995)2GLR1346
C.V. Jani, J.1. This petition under Article 227 of the Constitution of India, is directed against the order dated 29-3-1986 passed by the Deputy Conservator of Forests, Vyara, in inquiry No. 20 of 1985-86 as confirmed by the learned Sessions Judge, Surat in Criminal Appeal No. 21 of 1986, regarding confiscation of Truck No. GTS 6727 belonging to the petitioner under Section 61A of the Indian Forests Act, 1927, on the ground that Teak wood valued at about Rs. 50,000/- was being carried in the truck without pass or permit in village Palasia.2. It appears from the order passed by the Deputy Conservator of Forests, respondent No. 3 herein, that on 18-10-1985 the Range Forest Officer, Unai, noticed that 50 Teak trees were felled unauthorisedly from the Reserve Forest No. 11 of Amonia village by some miscreants, and the wood was converted into sawn sizes. He, therefore, drew a panchnama and started inquiring into the offence by recording statements. Meanwhile on 19-10-1985 the Range Forest O...
Tag this Judgment!Bachubhai Ramkrishna Trivedi Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Sep-26-1994
Reported in: (1995)1GLR566
M.R. Calla, J.1. The petitioner was working as Chief Officer in Junagadh Municipality in the month of May 1994. While the elected body in the municipality of Junagadh was functioning within its tenture a resolution was passed extending the services of the petitioner for the period on and from 1st August 1994 to 31st January 1995. On 18th July 1994, a show cause notice was given to the petitioner by the Municipal Administrator as to why the order granting extension for the period aforesaid should not be withdrawn and the Collector, Junagadh also gave show cause notice to the petitioner on 29th July 1994 as to why the order granting extension should not be revoked. It was submitted by the learned Counsel for the petitioner that he had filed Civil Suit against the show cause notice issued by the Administrator of the Municipality and in that Civil Suit the interim order was passed to the effect that respondent authorities would not pass any order to the prejudice of the petitioner before 4...
Tag this Judgment!State of Gujarat Vs. Shantilal Mansukhlal Mistry and ors.
Court: Gujarat
Decided on: Sep-26-1994
Reported in: (1995)1GLR860
C.V. Jani, J.1. The only question agitated in these four petitions filed by the State of Gujarat and the Deputy Conservator of Forests of local division under Articles 226 & 227 of the Constitution of India, is whether the Sessions Judge has power to modify the order passed by the Forest Officer for confiscation of the vehicle in which some forest produce belonging to a third party was being transported without pass or permit. Hence, these four petitions are being heard and decided together by consent.2. Spl. Cri. Appln. No. 113 of 1988 arises from the order passed by the learned Sessions Judge, Panchmahals, at Godhra, in Criminal Appeal No. 18 of 1987, filed by the owner and driver of the vehicle, whereby the learned Sessions Judge was pleased to set aside the order for confiscation passed by Shri Dinesh Mishra, Deputy Conservator of Forests, Devgadh Baria, and substitute the said order by imposing a penalty of Rs. 5,000/- on the owner of the vehicle in order that he may retain the cu...
Tag this Judgment!P.K. Agarwal, M.D., Madhuchandra Techno Chem Complex Pvt. Ltd. Vs. J.H ...
Court: Gujarat
Decided on: Sep-22-1994
Reported in: (1995)1GLR539
K.J. Vaidya, J.1. Today, as my learned Brother C.V. Jani, J. was not available due to his indisposed health, the provisional board dated 21-9-1994 and 22-9-1994 (earlier undated) containing in all 32 criminal matters were placed before me for final hearing. Accordingly, when in the first session - between 11-00 a.m. and 2-00 p.m. the matters after matters were serially called out, barring few exceptions, none of the learned Advocates appearing for the petitioners for whatever reasons were present! As a result thereof, Chopdar was sent with a list containing names of the learned Advocates appearing for the respective sides to inform them about their matters being called out. Thereafter, Sheristedar once again had a second round calling out the matters and since at that time also, it met with the same fate, this Court was constrained to keep back all the matters after recess with a view to give one more chance to the concerned learned Advocates in overall interest of the litigants and th...
Tag this Judgment!Laljibhai K. Soni Vs. Assistant Commissioner of Income-tax
Court: Gujarat
Decided on: Sep-21-1994
Reported in: (1994)122CTR(Guj)169; [1995]213ITR114(Guj)
M.B. Shah, J.1. It is the say of the petitioner that he is a dealer of silver for the last ten years and is also an income-tax assessee from the assessment year 1986-87. He has challenged the order dated August 1, 1994, under Section 132(5) read with section 132(7) of the Income-tax Act, 1961, passed the Assistant Commissioner of Income-tax, Circle 3(3), Ahmedabad, whereby it is ordered that due to unsatisfactory explanation given by the petitioner the seized silver was being treated as of unexplained ownership. 2. It is vehemently contended by the learned advocate for the petitioner that the impugned order is on the face of it arbitrary, unjust and illegal. He has pointed out that the petitioner had purchased the silver from the Customs Department by paying the amounts by account payee drafts on various dates. He, therefore, submitted that the impugned order be quashed and set aside. 3. From the record of the case, it is apparent that the petitioner had purchased the silver from the C...
Tag this Judgment!Kishanlal Shohanlal Taparia and ors. Vs. Shankerbhai Revabhai Patel an ...
Court: Gujarat
Decided on: Sep-21-1994
Reported in: (1995)1GLR191
K.J. Vaidya, J.1. The petitioners who are the original accused, have by this Misc. Criminal Application, brought under challenge the impugned order issuing process against them by die learned J.M.F.C, Kalol passed on the basis of the complaint filed by the respondent No. 1 herein for the alleged offences punishable under Sees. 406,420 and 114 of the Indian Penal Code and registered as a Criminal Case No. 491 of 1990 inter alia praying for quashing and setting aside the same.2. Perused the complaint. Heard the learned Advocates appearing for the respective parties. At this stage on bare perusual of the complaint, it is indeed not possible for this Court either to reach a definite conclusion that a dispute between the parties is purely and exclusively of the civil nature and/or that the allegations made in the complaint prima facie even does not disclose any offence. Thus, taking into consideration the facts alleged in the complaint two facts essentially emerge therefrom; viz., - (i) the...
Tag this Judgment!State of Gujarat and anr. Vs. Associated Cement Co. Ltd.
Court: Gujarat
Decided on: Sep-16-1994
Reported in: (1995)1GLR757
R.K. Abichandani, J.1. This appeal is directed against the judgment and order dated 21st August, 1981 passed by the learned single Judge (Coram: N.H. Bhatt, J.) partly allowing the petition by restraining the appellant No. 2 from recovering the electricity dues in respect of the units consumed by the respondent-petitioner company for the benefit of the people of village Sevalia, while holding that the appellant No. 2 was entitled to claim electricity duty in respect of the units consumed for the purpose of residential and office premises in Sevalia village.2. The respondent had challenged the notice dated 3rd November, 1976 at Annexure-C to the petition, in so far as it relates to the item Nos. 1, 2, 3 and 4. The said notice was issued by the Collector of Electricity Duty, Ahmedabad with reference to a claim for refund which was made by the respondent-company and it was stated therein that while scrutinising the refund claims, recoveries as per the details given in the said notice were...
Tag this Judgment!Jiviben Motibhai Patel Vs. Executive Engineer (C and M), Gujarat Elect ...
Court: Gujarat
Decided on: Sep-15-1994
Reported in: (1996)1GLR470
J.N. Bhatt, J.1. The challenge in this petition is against the order passed by the Deputy Secretary, Industries, Mines and Power Department, Government of Gujarat in the revision application preferred by the Gujarat Electricity Board, reversing the order of the Additional District Magistrate, Baroda, by invoking the provisions of Article 227 of the Constitution of India.2. A few relevant material facts leading to filing of the petition may be stated at the outset. The petitioner preferred an application on 15-1-1969 under the provisions of Section 12 of the Indian Electricity Act, 1910 ('Electricity Act' for short) requesting the District Magistrate to direct respondent No. 1, Gujarat Electricity Board, ('the Board' for short) to remove the electric poles which are erected in his agricultural land bearing S. No. 646/2 in village Karjan, Baroda District and also for an order for payment of compensation on account of damages caused to his crops and agricultural land.3. The petitioner's c...
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