Gujarat Court August 1999 Judgments
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Firozkhan Huseinmiya Rathod Vs. Commissioner of Police for the City of ...
Court: Gujarat
Decided on: Aug-18-1999
Reported in: (1999)3GLR648
M.S. Parikh, J.1. Although the notices have been issued in all these Letters Patent Appeals, the learned counsel for the appellants and the Ld. A.G.P. have argued the matters and, therefore, the same are being finally disposed of.2. All the three Letters Patent Appeals arise from a common judgment rendered by the learned Single Judge on 28/6/1999 and 29/6/1999 in Special Civil Applications Nos. 8629, 8625 and of 1998 moved by the three appellants challenging their detention under Section 3 of the Gujarat Prevention of Anti-Social Activities Act, 1985 (for short 'PASA Act'). All the detention orders were based on the same evidence. The three appellants being respectively the Police Sub Inspector and the Constables happened to be co-accused in an offence registered at C.R. No. 380/98 in Kagdapith Police Station for the offences punishable u/Ss. 318, 506(2), 170 and 114 of the Indian Penal Code (for short 'IPC') as also section 25(1) of the Arms Act. The grounds of detention served upon t...
Rafiqsa Chammansa Fakir Vs. J.M. Vyas or Successor
Court: Gujarat
Decided on: Aug-18-1999
Reported in: (2000)1GLR473
1. It appears from the order sheet dated 27th January 1999 on which date the Rule was issued in this case, that the respondent no.4 was not found to be a proper and necessary party. It may be noted that Shri Jayesh Babulal Chauhan is also arrayed as respondent no.14 on his application filed along with other Councillors. Respondent no.5 was also not considered to be a necessary and property as per the order sheet dated 27th January 1999, but he was impleaded as respondent on his own application along with other members of the Municipality who are arrayed as respondents nos.2 to 26.2. This Special Civil Application is directed against the order dated 21st January 1999 passed by the Urban Development and Urban Housing Department of the Government of Gujarat issued under the signatures of the Deputy Secretary to the State Government in the said Department whereby the Veraval Patan Joint Municipality was dissolved and the Deputy Collector, Veraval was appointed as the Administrator of the s...
Executive Engineer, Roads and Building Department, Rajkot Vs. Rameshku ...
Court: Gujarat
Decided on: Aug-17-1999
Reported in: (2000)1GLR866
ORDER1. The Petitioner through this writ petition has challenged the award dated 17-6-1998 passed by the Labour Court, Rajkot and has prayed for quashing of the said award being illegal. 2. The brief facts giving rise to this petition are as under :- The State of Gujarat, Roads and Building Department by its letter sanctioned one Division and four sub-divisions on ad hoc basis up to 28-8-1982. In pursuance of this order the respondent was appointed as 'Tracer' on purely temporary basis from 18-12-1981 to 28-8-1982 in the Panchayat Sub-division, Jasdan and he resumed duties on 19-12-1981. Since the posts were created on ad hoc basis with a view to complete the work within a prescribed period for rural roads, the respondent was appointed under that Scheme. Subsequently the Panchayat had no need to continue the respondent because the Government stopped paying grant. Consequently, the respondent was removed from service. In the appointment letter it was clearly mentioned that the appointme...
C.G. Sharma Vs. State of Gujarat
Court: Gujarat
Decided on: Aug-16-1999
Reported in: (2001)3GLR463
M.R. Calla, J.1. This Letters Patent Appeal is directed against the judgment and order dated 16-8-1999 passed by the learned single Judge dismissing Special Civil Application No. 11218 of 1994. In fact the learned single Judge by his common order dated 16-8-1999 has decided two Special Civil Applications; Special Civil Application No. 11218 of 1994 (reported in C. G. Sharma v. State, 2000 (2) GLR 1031) filed by the present appellant (Shri C. G. Sharma) and Special Civil Application No. 12454 of 1994 filed by Mr. K. H. Bhatt. The present Appeal is by Shri C. G. Sharma, who was petitioner in Special Civil Application No. 11218 of 1994.2. The appellant herein i.e., original petitioner had joined the services in the High Court of Gujarat in August, 1977 as Junior Clerk. He was promoted as Assistant in the year 1986. The appellant claims that he had a clean service record and there was no adverse remarks in his annual confidential reports while he was on the establishment of the High Court ...
Mukeshbhai Rajendrabhai Shah Vs. Addl. Development Commissioner and 3 ...
Court: Gujarat
Decided on: Aug-16-1999
Reported in: (1999)3GLR672
H.R. Shelat, J.1. The petitioner, by this application under Article 226 of the Constitution of India, calls in question the legality and validity of the order dated 3rd June 1997, passed by the District Development Officer, Baroda, removing him as the member of Chhani Gram Panchayat, and also the order dated 5th December 1997 passed by the Additional Development Commissioner in Appeal No. 28/97, confirming the order of the District Development Officer.2. Necessary facts, leading the petitioner to file this application, may, in brief, be stated. The petitioner was elected as the member of Chhani Gram Panchayat (hereinafter referred to as `the Panchayat'). At a meeting held thereafter for the election of the Deputy Sarpanch, in accordance with Sec. 9(3)(c) of the Gujarat Panchayats Act 1993 (for short `the Act') he succeeded in getting himself elected as the Upa-Sarpanch of the Panchayat, and since his such election he has been holding the office of Upa-Sarpanch for the last more than 2 ...
C.G. Sharma Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Aug-16-1999
Reported in: (2000)2GLR1031
M.S. Shah, J.1. Both these petitions under Article 226 of the Constitution of India raise common questions of law about interpretation of the provisions of Rule 5(4) of the Gujarat Judicial Service Recruitment Rules, 1961 regarding the power of the Government to extend the period of probation. Hence, with the consent of the learned Counsels for the respective parties, both these petitions have been heard together and are being disposed of by this common judgment.2. Petitioner of Special Civil Application No. 11218 of 1994 (Mr. C. G. Sharma) was appointed as Civil Judge (Junior Division) and J.M.F.C. on probation for a period of two years vide Government Notification dated 7-6-1991. The petitioner joined his duties on 29-6-1991. By the order dated 22-9-1994 passed by the State Government in the Legal Department, under the recommendation of the High Court, the petitioner's services were terminated with immediate effect on account of unsuitability for the post held by him. The said order ...
R.S. Kumbharvadia Vs. State of Gujarat
Court: Gujarat
Decided on: Aug-15-1999
Reported in: (2000)4GLR143
S.K. Keshote, J.1. The petitioners, who are holding the post of Agricultural Assistants in the Department of Agriculture, Government of Gujarat at Ahmedabad and working at Rajkot Division, by this petition under Article 226 of the Constitution are praying for quashing and setting aside of the order dated 5-12-1994 qua the petitioners and further prayed for direction to the respondents to restore the benefits of higher pay scale which were granted to them under various orders referred in this special civil application. As usual, prayer has also been made for grant of interim relief that is to restrain the respondents from making any recovery from the petitioners No.1, 2 and 25 of the amount of salary paid excess to them. By amendment of the special civil application, prayer has been made for declaring clause 3 (2) of the Government Resolution dated 16-8-1994 to be unjust, arbitrary, illegal and for quashing and setting aside the same.2. The facts of the case are not in dispute. The peti...
N.J. Zala Vs. the State of Gujarat and ors.
Court: Gujarat
Decided on: Aug-15-1999
Reported in: (2000)1GLR548
S.K. Keshote, J.1. The petitioner, a Supervisor in the photo registry wing of respondent No.2, filed this writ petition under Article 226 of the Constitution of India challenging thereunder the order dated 12.8.95, under which the respondent No.4 was given promotion to the post of Junior Assistant Manager. He prayed for declaration that the petitioner is eligible and entitled for promotion to the post aforesaid. As usual, prayer has also been made for interim relief.2. The respondent No.4, during the pendency of this Special Civil Application, has been confirmed on the said post. However, whatever orders passed of his confirmation etc. on the post are certainly subject to final decision of this Court in this Special Civil Application. The learned counsel for the petitioner has given out that the respondent No.4 has also been given promotion to the next higher post but as he did not want to go out of Ahmedabad, he has forgone that promotion and is continuing on this post for all these y...
Naginbhai Chhotubhai Patel Vs. State of Gujarat
Court: Gujarat
Decided on: Aug-13-1999
Reported in: (2000)GLR635
M.S. Shah, J.1. In this petition under Article 226 of the Constitution the petitioner who was appointed as a Notified Inspector of Factories, has challenged the order dated 17.11.1984 (Annexure-G), passed by the State Government terminating the petitioner's services.2. The petitioner was appointed by order dated 20.4.1982 (Annexure-B) as a Notified Inspector of Factories in Class II service of the State Government on temporary and ad hoc basis pursuant to which the petitioner joined the service on 4.5.1982. Thereafter by order dated 8.9.1983 (Annexure-D) the petitioner was appointed as a Notified Inspector of Factories on probation for a period of two years from the date on which the petitioner had taken over as Notified Inspector of Factories. By a Resolution dated 4.5.1984 (Annexure-F) the probation period was extended for a period of six months i.e. till 3.11.1984. By the impugned Resolution dated 17.11.1984 (Annexure-G) the petitioner's services came to be terminated. It is the afo...
Commissioner of Income Tax Vs. Ambica Mills Ltd.
Court: Gujarat
Decided on: Aug-12-1999
Reported in: [2000]244ITR742(Guj)
B.C. Patel, J.1. The assessee in both these references, Shri Ambica Mills Ltd., is a public limited company, which was running five different divisions. IT Ref. No. 315 of 1984 2. This reference pertains to the asst. yr. 1976-77. 3. The assessee-company had three managing directors. Beside the salary, they were given benefits such as commission, house rent, reimbursement of certain expenses, free use of car for personal purpose and reimbursement of telephone expenses installed at their residence. In the course of assessment proceedings, the assessee claimed that the payment of insurance for accident policy, reimbursement of telephone expenses at residence and medical reimbursement expenses were not perquisite for the purpose of s. 40A(5) of the IT Act (hereinafter referred to as 'the Act'). 4. The assessee incurred expenses of Rs. 1,08,877 on issue of bonus shares and claimed allowance thereof as revenue deduction. The ITO disallowed the same as a capital expenditure on the ground that...
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