Gujarat Court July 1995 Judgments
D.N. Chavda and ors. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jul-26-1995
Reported in: (1996)1GLR508
M.R. Calla, J.1. Petitioners were initially appointed as Clerks in the office of the Labour Commissioner, Government of Gujarat. It was in the year 1972 that the petitioners were directly recruited and appointed as Senior Clerks on 1-4-1978 and 1 -6-1972 respectively. It is submitted that the appointments on the post of Senior Clerk are required to be made by direct recruitment as well as promotion in the quota and ratio of 1:1. It has been orally submitted by the Learned Counsel for the petitioners that a seniority list of Senior Clerks was issued in the year 1973, but in this list, names were not arranged in accordance with the quota and rota. One Shri A.D. Chauhan and Shri M.B. Makwana, claiming seniority on the basis of the roster on the post of Senior Clerk, preferred a writ petition in this Court being Special Civil Application No. 1304 of 1973. In this matter two Letters Patent Appeal Nos. 76 of 1975 and 86 of 1974 were decided on 11-4-1975 and while deciding the Letters Patent ...
Tag this Judgment!Mukhatyarbhai Mohmadbhai Shaikh Vs. the Police Commissioner and ors.
Court: Gujarat
Decided on: Jul-25-1995
Reported in: 1996CriLJ906; (1995)2GLR1464
S.D. Shah, J.1. By this petition under Article 226 of the Constitution of India, the petitioner detenu has challenged the legality and validity of the order of detention dated 17th of September, 1994 passed by Commissioner of Police, Ahmedabad City on his being satisfied under Section 3 of the Gujarat Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as the said Act) that the activities of the detenu were prejudicial to the maintenance of the public order and, therefore,, he was required to be detained under the provisions of the said Act. Along with the order of detention, the grounds of detention of even date duly formulated under Section 9(1) of the said Act are supplied to the detenu. 2. Prom the grounds of detention supplied to the detenu it becomes clear that it is alleged against the detenu that in the area of Kalupur Police Station, the detenu and his associates were operating and/or demanding and extorting installments and money from various businessmen a...
Tag this Judgment!State of Gujarat Vs. BipIn N. Shah, Director, Beep Jyoti Engineering P ...
Court: Gujarat
Decided on: Jul-24-1995
Reported in: (1996)1GLR570
D.G. Karia, J.1. Both these Criminal Appeals arise out of order of acquittal, both dated July 22, 1992 passed by the learned Chief Judicial Magistrate, Surendranagar, acquitting the respondent-accused of the offenses punishable under Section 4(1) and 3(a) of the Factories Act, 1948 (for short, 'the Act'). 2. In both the appeals, the questions of fact and law are common and therefore the appeals were heard together and are being disposed of accordingly by this common judgment. It is the prosecution case that the respondent-accused is the owner of the factory named Beep Jyoti Engineering Private Limited, at 53-B, Udyognagar, Surendranagar. The said factory is 'factory', according to the case of the prosecution, within the meaning of Section 85 of the said Act. It is alleged that the factory has been doing the dangerous operations as the operations in the factory are being carried on with the aid of gas welding and power. The factory, though liable to be registered under Section 2(m)(1) o...
Tag this Judgment!Kalavad Vepari Mahamandal and anr. Vs. Kalavad Borough Municipality an ...
Court: Gujarat
Decided on: Jul-24-1995
Reported in: (1997)3GLR2080
R.K. Abichandani, J.1. The petitioners have prayed for a declaration that the action of the respondent No. 1 Municipality in deleting condition No. 18 from the Agreement of Ijara on 16-1-1995 and in not accepting the deposit of Rs. 2,500/ - and not allowing the petitioners the facility of deposit account is illegal and unconstitutional being violative of Article 14 of the Constitution of India. In short, the petitioners have prayed for a direction on the Municipality to give them facility of opening a deposit account in which they can deposit the octroi as was envisaged by the deleted Clause (18) of the octroi Agreement.2. The relevant Clause (18) as was incorporated in the Octroi Agreement which was to operate for the period from 15-1-1995 to 31-3-1996 provided that deposit accounts would be opened as per the Octroi Rules in respect of the traders intending to get such accounts opened by taking deposit of Rs. 2,500/- in the Municipality Borough and information would be given to the Ij...
Tag this Judgment!B.D. Sahastrabuddhe Through His Heirs Balkrishna and ors. Vs. Madhusud ...
Court: Gujarat
Decided on: Jul-24-1995
Reported in: (1996)1GLR428
J.N. Bhatt, J.1. The opponent is the original plaintiff-landlord who had filed the suit in the Court of Small Cause Judge, at Baroda, against the present petitioners who are the original defendants' heirs of the deceased tenant for the recovery of possession of the demised premises and also for the mesne profit which came to be decreed. The appeal against the judgment and decree of eviction came to be dismissed. Hence, this revision application under Section 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bombay Rent Act for short).2. The small question which is required to be adjudicated upon in this revision is as to whether the petitioners are entitled to retain the possession of the demised premises under Section 5(11)(c) of the Bombay Rent Act. The deceased Bhaskerrao Damodar Sahastrabuddhe was a monthly tenant in respect of one room on the ground floor situated in Shiyapura bearing Census No. RA 2/143, near Raopura, in Baroda at monthly rent of Rs. 11....
Tag this Judgment!Arunaben Jayantilal MIn Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jul-24-1995
Reported in: (1996)1GLR64
M.R. Calla, J.1. Petitioner's case is that she was selected after interview by the Selection Board for appointment as Assistant Teacher in the year 1973 and on that basis, she was appointed as such on 17-12-1973. It has also been stated that although she had been selected by the Selection Board after an interview, her appointment was described as Badli Teacher and she was discontinued from service from 28-4-1974. At the time when she was selected and appointed as Assistant Teacher in 1973, the only qualification possessed by her was S.S.C. She was again appointed as Primary Teacher on 4-6-1974 and this time it was not an appointment as a Badli Teacher but it is a fact that she has been discontinued from 28-10-1974. She was again appointed on 18-11-1974 and was discontinued by order dated 25-11-1974. She was again appointed by order dated 6-1-1977 and was discharged by order dated 8-3-1977. Lastly, she was appointed on 4-6-1979 and, thereafter, she has been continuing as primary teacher...
Tag this Judgment!Badharsing Mohansing Vs. Bai Savita W/O. Navnit Tribhovandas
Court: Gujarat
Decided on: Jul-24-1995
Reported in: (1995)2GLR1790
J.N. Bhatt, J.1. Whether the tenant is eligible and qualified to earn the protection of statutory umbrella of the provisions of Section 12(3)(b) of the Bombay Rents, Hotel & Lodging House Rates (Control) Act, 1947, so as to save himself from the ejectment decree, on the ground of non-payment of rent, contending that re-cast or re-frame of Issue is the first day of hearing to pay or tender arrears of rent then due; (sic.) is the sole but an interesting question that has surfaced for judicial scrutiny, in this revision under Section 29(2) of the Bombay Rent Act.2. The petitioner is the original defendant-tenant in respect of the first floor and second floor of a residential property bearing Municipal Census No. 2960, situated in Ankleshwar. The parties are, hereinafter, addressed to as landlady and tenant, for the sake of convenience.3. The tenant was, initially, given first floor of the suit-demised premises consisting of three rooms and a balcony as well as bath room and a latrine on 1...
Tag this Judgment!Gauriben Umiashankar Joshi Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jul-21-1995
Reported in: (1996)2GLR60
M.R. Calla, J.1. Rule. Mr. Bambhania, Additional G.P. appears for respondent No. 1 - State and waives service of Rule. Mr. Manoj Popat, learned Advocate appears for Mr. R. A. Mishra, learned Advocate for respondent No. 2 and waives service of Rule. In the facts and circumstances of the case, the matter is taken up for final hearing today. 2. The petitioner was appointed as Assistant Teacher on 21-6-1963. In 1984, the petitioner applied for voluntary retirement and her request for voluntary retirement was accepted by the Panchayat and she voluntarily retired on 1-7-1984. Thereafter, she was informed on 22nd April, 1988 that she had not completed qualifying service for the purpose of pension and, therefore, she should join the services. The petitioner accordingly joined the service back on 27th April, 1988 and worked for a period of six years and on reaching the age of superannuation, she retired on 30th September, 1993. Though the petitioner had attained the superannuation age, she was ...
Tag this Judgment!Chanchalben Purusottambhai Patel Vs. Madhukantbhai Purusottam Patel an ...
Court: Gujarat
Decided on: Jul-21-1995
Reported in: (1995)2GLR1917
K.J. Vaidya, J.1. 'What indeed is 'THE DUTY' of the Court entertaining maintenance application under Section 125 of the Criminal Procedure Code, 1973, towards the destitute dependants, viz., wives, children, parents, (as the case may be) claiming maintenance from the persons who are legally bound to maintain them, and for that purpose even the interim maintenance for their immediate survival?' This in substance is the most urgent, pressing question calling upon this Court to answer in the right earnest and thereby impress upon the concerned learned Magistrates as regards the imperative need to be on alert and active enough on their part to the immediate dire needs of the claimants struggling hard for their survival!! In other words, to make them conscious towards the question of basic human rights of the weakest and unenviable persons involved, to command and commission them as service oriented, indoctrinating them that they were the 'welfare trustees' of destitute wives, children and ...
Tag this Judgment!Chatur Chhaganji Thakarda Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jul-19-1995
Reported in: 1996CriLJ1067
ORDERS.D. Shah, J.1. The petitioner detenu is ordered to be detained by District Magistrate, Sabarkantha, by his Order dated 8th, December, 1994, passed under Section 3(1) of the Gujarat Prevention of Anti-Social Activities Act, 1985 on his being satisfied that the detenu is a 'bootlegger' as well as 'dangerous person'. His activities are prejudicial to the maintenance of the public order and, therefore, he was required to be detained. Along with the order of detention, grounds of detention duly formulated under Section 9(1) of the said Act are supplied to the detenu. In the grounds of detention, the detanining authority has pointed out that in the area of Bhilwas near S. T. stand of Himatnagar town, the detenu is carrying on his anti-social activities and thereafter the detaining authority has set out in the tabular form the offences alleged to have been committed by the detenu, four of the offences are relied upon for branding him as 'dangerous person' while three of the offences are...
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