Gujarat Court August 1999 Judgments
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Gomaram Somaram Jat Vs. U.H. Patel
Court: Gujarat
Decided on: Aug-12-1999
Reported in: (2000)1GLR99
A.L. Dave, J.1. Rule. Mr. S.P.Dave, learned APP waives service of rule on behalf of respondents.2. Heard Mrs. Unwala, learned advocate for the revisioner and Mr.S.P.Dave, learned APP for the State. The revisioner herein challenges the order passed by the learned Additional City Sessions Judge below application Exh.80 in Session Case No : 175 of 1998 pending before him. The present petitioner is the accused in that session case and is being tried for offences under Narcotic Drugs and Phychotropic Substances Act, 1985 (the `NDPS Act' for short). During the course of trial, the application came to be tendered on behalf of the applicant objecting to taking on record and statement recorded under Section 67 of the NDPS Act and praying for not exhibiting that document on the ground that the summon seems to have been issued under Section 53(1) of the NDPS Act, whereas the statement sought to be to be recorded purports to be under Section 67 of the NDPS Act and therefore, it cannot be taken on ...
Siddhi Travels Vs. Indian Air Lines Ltd. and anr.
Court: Gujarat
Decided on: Aug-11-1999
Reported in: AIR2000Guj102; (2000)1GLR174
ORDER1. Through this Special Civil Application, the petitioner has sought a writ against the impugned action of respondent No. 1, Indian Airlines Limited, in respect of the award of the contract at Ahmedabad Airport, for providing one big passenger coach (TATA 1050) and one mini passenger coach (TATA 709) for passenger transport inside the Airport at Ahmedabad on monthly hire basis under annual contract for three years. Specifications were mentioned in the letter dated 1st February 1999 sent by the Indian Airlines to the petitioner. Such letters were also sent to other parties which are said to be 10 in number. The petitioner claims to be an operator of luxury buses since last 10 years and it is also conducting tours as an organiser. The petitioner also claims to have vast experience in the field of travels and that it is also a contractor for ONGC and IFFCO since last four years. The petitioner has come with the case that when the sealed quotations were invited as above, it was also s...
Ramnaresh T. Mishra Vs. Alpesh Textiles and ors.
Court: Gujarat
Decided on: Aug-09-1999
Reported in: (2000)1GLR89; (2000)ILLJ1036Guj
ORDERD.C. Srivastava, J.1. This petition was admitted on June 16, 1999. Notice was issued. Respondent Nos. 1 to 5 have been served by direct service. None appears on their behalf. Respondent No. 6 is represented by Shri Kodekar, A.G.P. 2. Heard learned Counsel for the petitioner and Shri Kodekar, learned A.G.P. for respondent No. 6. 3. The prayer in this petition is for issuing writ of mandamus directing the respondent Nos. 1 to 5 to implement forthwith the order passed by Payment of Wages authority on February 10, 1999 vide Annexure-A with further prayer for a writ of mandamus to respondent No. 6 to lodge criminal complaint against respondent Nos. 1 to 5 for committing breach of the provisions of the Payment of Wages Act, 1936, in not making compliance of the order dated February 10, 1999. 4. The brief facts are that upon an application of the petitioner who is General Secretary of the Gujarat Industrial Workers Association, the authority under the Payment of Wages Act passed an order...
C.G. Sharma Vs. State of Gujarat
Court: Gujarat
Decided on: Aug-06-1999
Reported in: (2000)2GLR79
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 counsel for the respective parties, both these petitions have been heard together and are being disposed of by this common judgement.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 is...
Umesh Shailendra Kumar Sharma Vs. State of Gujarat
Court: Gujarat
Decided on: Aug-05-1999
Reported in: (2000)1GLR543
A.L. Dave, J.1. The petitioners herein approached this Court seeking indulgence by way of quashing FIR lodged against them before Visnagar Police Station vide C.R.No : I 227/99 by respondent No. 3. The facts leading to this petition in short can be stated as under;The petitioners hail from Mathura (U.P.). According to respondent No. 3 (hereinafter referred as the complainant), they approached the complainant at Visnagar and stated that they would be able to supply chicory cube and soots at competitive rate and therefore the complainant placed order for 800 metric tone of chicory. Accordingly, amount of Rs. 12,00,000/- came to be paid by the complainant to the petitioners by various demand drafts. According to the complainant, it was promised by the petitioners to the complainant that the goods will be supplied by end of May, 1999 but the petitioners failed to supply the goods. When the complainant asked for the delivery of the goods, the petitioners paid no heed and behaved in rude man...
Sevakram Prabhudas Vs. H.S. Patel
Court: Gujarat
Decided on: Aug-05-1999
Reported in: (2000)1GLR715
R. Balia, J.1. These two applications Nos.1656 of 1997 and 1657 of 1997 are arising in connection with the same incident which took place in the city of Vadodara on 21.8.1997 which resulted in demolition and removal of the cabins of the applicants of these Misc. Civil Applications. The applicants claim to be having a common interest who were parties to the group of Special Civil Applications pending before this Court and which were decided by the common order dt. 7.8.1997 by the learned single Judge of this Court. As evidenced from the recorded facts in the judgment dated 7.8.1997 the petitioners had challenged the notices given to them by the Vadodara Municipal Corporation by which they were required to remove the encroachment made by them within 15 days of the receipt of the notice, failing which the corporation informed them that it would remove their encroachments at their expenses. Shorn of the contentions on merits, the petitions were dismissed on merits. The learned single Judge...
Union of India (Uoi) Vs. Prema Dhama and anr.
Court: Gujarat
Decided on: Aug-03-1999
Reported in: (2000)4GLR305
Thakker, J.1. In Special Civil Application No. 8530 of 1998, nobody appears on behalf of the respondent, though Notice was issued earlier and the respondent was served. In view of the fact, however, that we are not disturbing the order passed by the Central Administrative Tribunal, Ahmedabad Bench (`Tribunal'), it is not necessary now to keep the matter pending particularly when in a cognate matter, parties have appeared. Hence, we have proceeded to deal with both the matters on merits.2. In Special Civil Application No. 842 of 1999, we have issued Rule. Mr Rana appears on behalf of the respondent and waives service of Rule. In the facts and circumstances of the case, we have taken up both petitions for final hearing.3. In both the petitions, the orders passed by the Tribunal are challenged. Common question of law arises, as to whether- employees who have been retained in service after they reached the age of superannuation can be asked to refund the amount of salary which they have re...
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