Gujarat Court October 1999 Judgments
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Gujarat State Road Transport Corporation Vs. Premsingh L. Rathod
Court: Gujarat
Decided on: Oct-15-1999
Reported in: (2000)IIILLJ492Guj
H.K. Rathod, J.1. Heard Mr. Raval, the learned advocate for the petitioner-Corporation and Mr. Desai. the learned advocate for the respondent. The facts of the present case, in short, are that the respondent was working with the petitioner-Corporation as conductor and on August 17, 1981, while he was on route from Ambaji to Abu, it was found that he had not issued tickets to two passengers and had also not issued tickets to two passengers though fare was already collected from them. Report to that effect was made against him and after regular departmental inquiry, the competent authority, under order dated December 15, 1982 directed stoppage of five annual increments of the respondent with future effect. The reviewing authority however, reviewed the entire matter and issued further show cause notice as to why the penalty of dismissal from service should not be imposed. The respondent replied the said showcause notice vide his explanation, and, thereafter, the reviewing authority, under...
District Panchayat Vs. Kiritkumar V. Parmar
Court: Gujarat
Decided on: Oct-15-1999
Reported in: (2000)1GLR704; (2001)IIILLJ400Guj
H.K. Rathod, J.1. Learned Advocate Mr. Vyas is appearing for the petitioner Panchayat. The respondent workman was served with the notice of rule. However, he has not been represented by anybody.2. The facts of the present case, in short, are that the respondent-workman was working with the petitioner-Panchayat as a peon with effect from June 28, 1981 and that he was continued as such, till August 30, 1982. Thereafter, the services of the respondent-workman were terminated by the petitioner Panchayat. Said action of termination of his services was challenged by the respondent-workman before the Labour Court by filing the Reference (LCR) No. 677 of 1983. Before the Labour Court, the workman has filed the statement of claim in which it was pointed out by the workman that the termination order which was passed by the petitioner Panchayat is illegal, arbitrary and violative of Section 25F of the Industrial Disputes Act, 1947 ('the I.D. Act' for short). The order of termination was also chal...
A.S. Sindhi Vs. State of Gujarat
Court: Gujarat
Decided on: Oct-15-1999
Reported in: (2000)GLR579
1. Heard learned counsel for the parties. Thispetition for quashing and setting aside the departmentalinquiry instituted against the petitioner videchargesheet dated 27/9/94 has been filed in the following circumstances.The facts about the petitioner's progress in the service are that the petitioner joined as Junior Engineer in Public Works Department on 30/5/61. He was promoted as Deputy Executive Engineer on 28/1/71 and was further promoted to the post of Executive Engineer in Irrigation Department on 8/6/84. The petitioner received promotion on the post of Superintending Engineer thereafter on 21/2/94 w.e.f. 30/6/92 and from the said post, the petitioner retired on 31/3/99 while working at Palanpur Irrigation Canal. This goes to show that the petitioner has been considered and accorded promotions as and when it has fallen due to him and there is a satisfactory progress in achieving higher post in service.While the petitioner was working as an Executive Engineer, Dharoi Canal between...
Guj. State Co-op. Land Deve. Bank Ltd. Vs. State of Gujarat
Court: Gujarat
Decided on: Oct-14-1999
Reported in: (2000)1GLR862
S.K. Keshote, J.1. On 23rd September, 1999, this matter was placed for hearing on the Board but despite of calling the matter in three rounds none was present for the respondents, and it was adjourned to 6th October, 1999. On 6th October, 1999, also the matter was called for hearing in three rounds but as none was present for the respondents and taking into consideration the fact that in the matter an important question does arise for the consideration, the same was adjourned for today. Today also none of the respondents are present.2. By this petition, the petitioner Gujarat State Cooperative Land Development Bank Ltd., Ahmedabad is praying for quashing and setting aside the circular dated 17th July, 1985 of the respondent No. 1. Further prayer has been made that the respondents be directed to pay the amount of compensation to the petitioner which has been determined in respect of the lands of the agriculturists which were mortgaged with the petitioner-Bank. This petition was admitted...
B.M. Solanki and anr. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Oct-12-1999
Reported in: (2000)2GLR1429
1. Heard learned counsel for the parties. The petitioner challenges the validity of the Joint Director Class I in the Commissionerate of Gujarat and Rural Industries Recruitment Rules 1997 framed by the Governor of Gujarat in exercise of powers conferred under proviso to Art. 309 of the Constitution of India and notified on 13th August 1997. He also challenges the rules framed for recruitment of Project Manager and Deputy Director Class I, namely, Project Manager and Deputy Director under the Commissionerate of Gujarat & Rural Industries Recruitment Rules 1997 promulgated on the same date. 2. From the facts disclosed in the petition, it appears that until resolution dated 28th November 1972 was passed, the cottage Industries and industrial co-operatives were administered generally under the Department of Co-operation. However, by the aforesaid resolution, a separate Directorate of Gujarat Industries and Industrial Co-operation was created and the first director of the cottage industrie...
Kajalben G. Sindhi Vs. Commissioner of Police
Court: Gujarat
Decided on: Oct-11-1999
Reported in: (2000)2GLR344
C.J. Thakkar, Actg. C.J.1. This appeal is filed against dismissal of SCA No. 2480 of 1999 by the learned Single Judge on August 18, 1999.2. The appellant was the original petitioner. In exercise of the powers under Section 3 of the Prevention of Anti Social Activities Act, 1985 (hereinafter referred to as 'the Act'),the detenu was detained on January 10, 1999 by the Commissioner of Police, Ahmedabad stating therein that with a view to preventing him from acting in a manner prejudicial to maintenance of public order, he was required to be detained.3. On the same day, grounds of detention were supplied to the detenu inter alia alleging therein that he can be termed as 'bootlegger' as contemplated by Section 2(b) of the Act. Against him, three cases were registered on April 23, 1998, May 7, 1998 and May 17,1998. It appears that two statements were also recorded on January 7, 1999 and January 8, 1999 respectively. The first witness stated that on December 1, 1998 at about 4 p.m., when he w...
Lasiben Amtaji Vs. Oil and Natural Gas Commission
Court: Gujarat
Decided on: Oct-11-1999
Reported in: (2000)4GLR596
H.K. Rathod, J.1. Learned advocate Shri A.K.Clerk is appearing for the petitioner-workman. Learned advocate Shri R.H.Mehta is appearing for the respondent-Oil and Natural Gas Commission ('the Commission' for short). The facts of the present case, in short, are that the petitioner joined the services of the respondent corporation on 1.6.1969 as a contingent employee and on completion of the 11 years' period of service, the petitioner's services were regularized on the post of Khalasi with effect from 6.8.1980. According to the case of the petitioner, in the seniority list of contingent/work charged unskilled employees having completed 240 days of service, the name of the petitioner appears at sr.no. 240; that there are other persons working in similar posts in the respondent Commission as the petitioner namely Sarasvashri Chhotaji Varsanji, Popatji Madhurji and Mangaji Ataji who are junior to the petitioner and who are at sr.no. 241 to 243 in the said seniority list are said to have joi...
Bachubhai Valjibhai Vs. State of Gujarat
Court: Gujarat
Decided on: Oct-08-1999
Reported in: (2001)2GLR1504
M.R. Calla, J. 1. This Criminal Appeal under Section 374 of the Cr.P.C.is directed against the order of conviction and sentence passed against the appellant in Sessions Case No. 89 of 1988 on 12-3-1990 whereby the appellant herein, namely, Bachubhai Valjibhai was convicted under Section 302 of the I.P.C. and sentenced to life imprisonment by the Addl. Sessions Judge, Surendranagar. 2. The case of the prosecution is that the present-appellant Bachubhai Valjibhai married one Baluben about 10 years prior to the date of the incidenti.e. 5-8-1988. No child was born out of this wedlock and while the couple was residing at village Ratanpar, Taluka Wadhwan, District Surendranagar on 5-8-1988 at about 10.30 P.M. to 11.00 P.M. when the appellant's mother and sister namely Ratanben and Paluben were not in the house and had gone to the appellant's other sister's house, and while the appellant's wife Baluben was asleep, the appellant poured kerosene upon her and set her ablaze and ran away. When Ba...
Shankar Vishnubhai Sindhi Vs. Commissioner of Police
Court: Gujarat
Decided on: Oct-08-1999
Reported in: 2000CriLJ1247
C.K. Thakkar, Actg. C.J.1. This appeal is filed against dismissal of Special Civil Application No. 221 of 1999 by the learned Single Judge on August 3, 1999. 2. Appellant was the original petitioner. By an order, dated December 8, 1998, he was detained by the Commissioner of Police, Baroda city, Baroda ('detaining authority') . 3. In exercise of powers under Section 3 of the Prevention of Anti Social Activities Act, 1985 (hereinafter referred to as 'the Act'), the detaining authority was satisfied with respect to the appellant that with a view to preventing him from acting in a manner prejudicial to maintenance of public order, it was necessary to detain him and accordingly, an order of detention was passed. 4. On the same day, grounds of detention were supplied to him. It was alleged in the grounds of detention that the detenu was a 'dangerous person' within the meaning of Section 2(c) of the Act and his activities were prejudicial to maintenance of public order. Four criminal cases w...
Binoy Nair Vs. M.P. Shah Medical College
Court: Gujarat
Decided on: Oct-08-1999
Reported in: (2000)4GLR857
C.K. Thakkar, Actg. C.J.1. This appeal is filed against the judgment and order dated June 12, 1999 passed by the learned Single Judge in Special Civil Application No. 3048 of 1999 . June 12, 1999.2. Appellants were the original petitioners. They approached this Court for appropriate writ, direction or order directing the respondent authorities not to give admission to those students who have already been granted admission in degree or diploma and who have given up earlier course which had already been undertaken by them.3. Case of the petitioners was that they had cleared their final MBBS examination in June 1998. They had completed one year internship in June 1999. On completion of final MBBS examination and internship , they became eligible to be admitted to post graduate course- degree as well as diploma. Respondent No.2 University has framed rules for admission to post graduate centre for the faculty of medicine.4. Rule 2 is material and relevant for the purpose of controversy rais...
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