Gujarat Court June 1999 Judgments
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Saurashtra Safai Kamdar Vikas Samitee Vs. State of Gujarat
Court: Gujarat
Decided on: Jun-23-1999
Reported in: (2000)2GLR1476
M.S. Shah, J.1. In this group of petitions, the petitioners have challenged certain Government Resolutions making modifications in the Schemes of appointing educated unemployed from the Socially and Educationally Backward Class communities and also from amongst the educated unemployed from the most backward of the Scheduled Castes as Pracharaks for the purpose of propagating the schemes formulated by the Government for upliftment of the Socially and Educationally Backward Classes and also for upliftment of the most backward of the Scheduled Castes and also the subsequent Government decisions to abolish the Schemes during pendency of these petitions.2. In view of the recommendations made by the Commission headed by late Mr Justice Baxi (popularly known as the Baxi Commission) for granting various benefits and reliefs to the Socially and Educationally Backward Classes (82 such communities were classified as such by the Baxi Commission), by Government Resolution dated 15.3.1979 the State ...
Amarbhai Kanjibhai Nayak Vs. Commissioner of Police
Court: Gujarat
Decided on: Jun-23-1999
Reported in: (1999)3GLR821
R.M. Doshit, J.1. Heard the learned advocates for the respectiveparties.2. The petitioner before this Court challenges the order of preventive detention dated 27th August, 1998 made by the Commissioner of Police, Ahmedabad City under the powers conferred upon him under Sub-section 1 of Section 3 of the Gujarat Prevention of Anti-social Activities Act, 1985 [hereinafter referred to as, `the Act'].3. The grounds of detention suggests that an offence for violation of prohibition law has been registered against the petitioner on 24th August, 1998 and on two occasions, the petitioner was found to be carrying liquor and acted in a manner prejudicial to the maintenance of public order. The petitioner is, therefore, considered to be a bootlegger within the meaning of Sec. 2(b) of the Act and his activities are considered to be prejudicial to the maintenance of public order.4. The impugned order of detention has been challenged by the learned advocate Ms. Kachhavah on the grounds : (a) the repr...
Shankarbhai H. Patel and ors. Vs. Union of India (Uoi) and ors.
Court: Gujarat
Decided on: Jun-22-1999
Reported in: (2000)1GLR308
ORDERM.R. Calla, J. 1. Heard learned counsel.2. Indian Railways Caterers Association and other Caterers, as petitioners, have preferred the present Special Civil Application challenging the order/communication dt. 6-5-99 issued by the Divisional Railway Manager (Comml.), Chhatrapati Shivaji Terminus, Mumbai imposing the ban on sale of bidi/cigarettes on train and platforms. This order/communication dt. 6-5-99 is reproduced as under :--'CENTRAL RAILWAY DRM(C)'S OFFICE MUMBAI C.S.T. No. 88.C.159.Co.Policy Shri/M/s. ------------------ Dear Sir/s Sub : Ban on sale of Bidi/Cigarettes on trains and platforms. It has been decided to impose ban on sale of Bidi/Cigarettes on trains and railway platforms from 5th June, 1999 the 'Environment Day', You are, therefore, advised to stop the sale of Bidies/Cigarettes from your Catering establishments on Railway platforms. These instructions should rigidly be followed on or from 5th June, 1999 followed failing which matter will be viewed seriously...
State of Gujarat Vs. Shamraji Chelaji Mari and ors.
Court: Gujarat
Decided on: Jun-22-1999
Reported in: AIR2000Guj30; (1999)3GLR2092
ORDERY.B. Bhatt, J.1. This group of petitions can be disposed of by a common judgment and order inasmuch as there is a common question of law involved. The facts so far as they are relevant and pertinent to the application of the law on the subject are of almost nosignificance.2. These are petitions filed by the State of Gujarat under Article 227 of the Constitution of India challenging the orders passed by the Gujarat Revenue Tribunal in different revision applications. However, all matters have a common root. It appears that the respondents in these group of petitions (the petitioners in revisions before the Gujarat Revenue Tribunal) are holders of agricultural land who have acquired such lands by appropriate transfers in their favour, and the mutation entries in their favour have been certified by the competent authority under the Bombay Tenancy and Agricultural Lands Act.3. After a, long period of time, after the mutation entries in favour of the holders were certified, it appeared...
C.S. AmIn Vs. Disciplinary Authority and Dy. General Manager, State Ba ...
Court: Gujarat
Decided on: Jun-22-1999
Reported in: (2000)1GLR46
S.K. Keshote, J.1. The petitioner by this writ petition under Article 226 of the Constitution of India prays for the following reliefs:(a) to restrain the respondents from implementing, operating and executing the order of penalty that may be passed against the petitioner in connection with the charge-sheet dated 6-1-1998 issued by the respondent No. 1 against the petitioner, during the pendency and final disposal of the appeal against such order by the appellate authority under Rule 69 of the S.B.I. Officers' Service Rules;or in the alternative(b) to restrain the respondents from implementing, operating and executing the order of penalty that may be passed against the petitioner in connection with the charge-sheet dated 6-1-1998 as Annexure-A for a period of 3 months from the date of service of such order on the petitioner, with a further direction that the appellate authority shall consider and decide the prayer of interim relief in the appeal within one month from the presentation o...
K.M. Kakasania Vs. Secretary
Court: Gujarat
Decided on: Jun-22-1999
Reported in: (1999)3GLR475
S.K. Keshote, J.1. This is clearly a litigation which otherwise would have been avoidable in case the respondents No.1, 2, 3 and 5 would have acted reasonably, fairly and in consonance with the principles of fairplay. It is not gainsay that because of inaction or omission or causal approach on the part of the functionaries and officers of the State of Gujarat, a Welfare State, numerous litigations are coming up before this court though otherwise those would have been avoidable litigations. This Court is already facing the problem to reduce the mounting arrears of pending cases. The State of Gujarat its functionaries and officers instead of giving their fullest cooperation to the Court to overcome this problem are in fact adding further litigations, which is clearly reflecting from this case. The worse part is that the respondents aforesaid have not even cared to file reply to the special civil application. Not only this, nobody is present on their behalf to make oral submissions also. ...
Patel Chandrikaben Dineshbhai and ors. Vs. Director of Municipalities ...
Court: Gujarat
Decided on: Jun-21-1999
Reported in: AIR2000Guj221
ORDERM.R. Calla, J.1. Heard learned counsel.2. The petitioners herein claim to be elected members of the Mehsana Nagar Palika. It is given out by the learned counsel for the petitioners that they were elected in the year 1996 as members of the Municipal Council and they also became members of the Town Planning Committee. It is also given out that the term of the petitioners as members of the Town Planning Committee had expired on 31-3-98. They seek to challenge the initiation of action under Section 37 Section 38 and Section 70 of the Gujarat Municipalities Act, against them.3. While arguing this petition, the learned counsel for the petitioners has referred to the document Annexure 'B' dt. 24-2-99 which is a show cause notice issued by the Director of Municipalities Act calling upon the petitioners to show cause as to why they should not be removed from the membership of the Municipal Council. This show cause notice also indicates that they were to be personally heard on 8-3-99. This ...
State of Gujarat Vs. Mohanbhai Dhanabhai and ors.
Court: Gujarat
Decided on: Jun-18-1999
Reported in: 2000CriLJ946
J.N. Bhatt, J. 1. Both these appeals arise out of a common judgment and order of acquittal in relation to a common incident. Upon request, they are being disposed of simultaneously.2. Two Sessions Cases were tried and adjudicated upon by the learned Sessions Judge, Valsad, Navsari. Sessions Case No. 2/85 was against four accused out of five accused persons whereas separate Sessions Case No. 17/85 was committed against original accused No. 5, Ramesh Dhana, as initially, charge-sheet was not submitted against him by the Investigating Officer apprehending that he was a juvenile. Subsequently, it was found that respondent No. 5, herein original accused No. 5 minor Ramesh was not a juvenile. Therefore, supplementary charge-sheet was submitted which gave rise to Sessions Case No. 17/85. That is how both the Sessions Cases came to be tried, entertained and disposed of simultaneously, by the trial Court.3. For the sake of convenience and brevity, the respondents therein, who are the original a...
Vasant C. Solanki Vs. Joint Manager
Court: Gujarat
Decided on: Jun-18-1999
Reported in: (1999)3GLR461
1. Admitted. Ms. Mamta Vyas appears and waives service of notice of admission on behalf of respondent Nos.1 and 2 and Mr. Anant Dave appears and waives service of notice of admission on behalf of respondent No.3. In the facts and circumstances of the case, the matter is taken up for final hearing.2. This appeal is filed against the judgment and order passed by the learned Single Judge in Special Civil Application No. 5106 of 1996 on July 16,1998.3. The appellant was as Assistant Teacher appointed in J.M.Desai High school at Thasra, District,Kheda. He was a music teacher. It appears that some proceedings were initiated against him and he was placed under suspension. It was the case of the management that a departmental inquiry was instituted against the appellant wherein he was found guilty. On 13.12,1993, it was decided by the management that since the teacher had committed serious misconduct and was found guilty, he should be dismissed from service. A notice to this effect was issued ...
Rambhai Manilal Patel Vs. Gujarat State Road Transport Corporation
Court: Gujarat
Decided on: Jun-17-1999
Reported in: (2000)IILLJ233Guj
C.K. Thakker, J. 1. Heard learned counsel Mr. K. S. Acharya for the appellant and Ms. Vasavadatta Bhat, for respondent No. 1 (on caveat). 2. This appeal is filed against summary dismissal of Spl. C. A. No. 4010 of 1993 by the learned single Judge. The appellant was the original petitioner. He was serving as a conductor in Gujarat State Road Transport Corporation, Ahmedabad (hereinafter referred to as 'the Corporation'). It was the case of the Corporation that in 1991, he was working as Conductor in Kadana-Ahmedabad route. The checking squad checked his bus at Hansol and it was found that the appellant had not issued ticket to one passenger. He had issued tickets to six passengers but they were not punched. He had recovered the amount of fare from all the seven passengers. The way bill was also not closed nor the above tickets were mentioned in the way bill. He had thereby committed misconduct and misappropriated the amount of fare. An inquiry was held against him wherein he was found g...
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