Gujarat Court March 2000 Judgments
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B.G. Sapariya, Chairman, Development Board, Mahuva Municipality Vs. Pr ...
Court: Gujarat
Decided on: Mar-10-2000
Reported in: (2001)2GLR1115
C.K. Thakker, J.1. This petition is filed by the petitioner for quashing and setting aside the order dated 3rd October, 1988 passed by the Collector, Bhavnagar, Annexure-A to the petition.2. The case of the petitioner was that he was a consulting physician and was a leading Doctor of Mahuva city. He was elected as a Counsellor between 1979 to 1984. It was his case that he was a Chairman of the Development Board, which, according to him, was a small committee of Mahuva Municipality. Certain resolutions were passed by the Mahuva Municipality and land was allotted to a co-operative society on certain terms and conditions. It was alleged that in the allotment of land, serious illegalities and irregularities were committed by the petitioner in collusion with the Chief Officer of the Municipality.3. When attention of the Collector, Bhavnagar, was invifed by one Ashokkumar Dhirajlal Brahmbhatt, the Collector, in exercise of powers under Section 258 of the Gujarat Municipalities Act, 1963 ('th...
Ramesh B. Desai and ors. Vs. BipIn Vadilal Mehta and ors. Overruled
Court: Gujarat
Decided on: Mar-10-2000
Reported in: (2001)2GLR1224
B.C. Patel, J. 1. This appeal is filed against the Order passed on 12-3-1996 by learned Company Judge allowing the Company Application No. 113 of 1995 and dismissing Company Petition No. 35 of 1988 being barred by law of limitation.2. By filing Company Petition No. 35 of 1988, the Company Court was moved at the instance of R. B. Desai & Others for rectification of the register of the Company. Respondent Nos. 2 and 3, by taking out the Company Application No. 113 of 1995 sought for an order to the effect that Company Petition No. 35 of 1988 be dismissed on the ground that petition is barred by limitation, without going into the merits of the petition. The said respondents prayed for other reliefs which are reproduced in the judgment, and as the same are not relevant for the purpose of deciding this appeal, we are not referring to the same.3. The petitioners in Company Petition No. 35 of 1988, are the shareholders of Messrs. Sayaji Industries Limited (hereinafter referred to as the Compa...
Thakorbhai L. Patel and ors. Vs. Assistant District Registrar, Co-op. ...
Court: Gujarat
Decided on: Mar-10-2000
Reported in: AIR2001Guj66; (2001)3GLR1921
R.R. Tripathi, J.1. The petitioners are the sons of one Shri Laxmanbhai Dahyabhai Patel, who was the Chairman of Min Kuchcha Seva Sahakari Mandali Limited. Said Shri L. D. Patel died on 2-11-1984 and as the petitioners have inherited the ancestral properties of H.U.F., they have filed the present petition challenging the orders passed by the Liquidator produced at Annexure 'B' and also the order of dismissal of Appeal No. 47 of 1987, at Annexure 'C' and also the judgment dated 4-7-1987 passed in Revision filed under Section 155 of the Gujarat Co-operative Societies Act, 1961 (hereinafter referred to as 'the Act').2. It is the case of the petitioners that the District Registrar on perusing the audit report for the period from 1-4-1976 to 3-6-1977 and the Special Report of the Auditor, appointed one Shri M. S. Mangela to hold inquiry under Section 86 of the Act. Said Shri Mangela submitted his report to the concerned authority. In the said report it was found by Shri Mangela that the Sec...
Arjunbhai Amritbhai Naik Vs. State of Gujarat
Court: Gujarat
Decided on: Mar-10-2000
Reported in: (2000)4GLR239
1. Heard the learned advocates for the respective parties.2. The brief facts of the present writ petition are that the petitioner joined services of the respondent no. 2 in the month of January, 1987 as a Peon. For the misconduct alleged against the petitioner, a chargesheet was served upon him and after conducting the enquiry ex parte, the respondent no. 2 terminated the services of the petitioner on 22nd April, 1994. Feeling aggrieved and dissatisfied by the said Order of termination, the petitioner herein has raised an industrial dispute under Section 2A of the Industrial Disputes Act, 1947.3. During the course of hearing before the Respondent No. 1, the respective parties have filed their objections and respondent no. 2 has mainly contended before the respondent no. 1 that such an industrial dispute cannot be entertained as petitioner is having alternative efficacious remedy available before the Education Tribunal, and on earlier two occasions, the petitioner had already availed su...
D.B. Thanki Vs. State of Gujarat
Court: Gujarat
Decided on: Mar-10-2000
Reported in: (2001)1GLR694
R.K. Abichandani, J.1. The petitioner seeks a declaration that his past services rendered from 1st July, 1966 to 12th October, 1980 as Section Writer and Junior Clerk in the Court of Civil Judge and Assistant Judge as mentioned in the petition, are required to be counted as qualifying service for pension purposes. A declaration is also sought that Note : 3 to Rule 250 of Bombay Civil Services Rules, 1959 (`BCSR' for short) is ultravires the provisions of Articles 14 and 16 of the Constitution of India.2. According to the petitioner, he was appointed on 1-7-1966 as Section Writer in the Court of Civil Judge (JD), Veraval. Thereafter, he was promoted as Clerk and was posted in the Court of Assistant Judge, Porbandar. He was reverted as Section Writer in October 1966 and due to abolition of certain courts, he was relieved from services by order dated 2-11-1966. Again by order dated 6-1-1967, he was reappointed as Junior Clerk at Veraval where he assumed his duties on 9-1-1967. According t...
Koli Sureshbhai Balabhai Parmar Vs. District Magistrate
Court: Gujarat
Decided on: Mar-10-2000
Reported in: 2000CriLJ4261; (2000)2GLR815
M.R. Calla, J.1. This Special Civil Application is directed against the detention order dt.19.7.99 passed by the District Magistrate, Bhavnagar whereby the petitioner was detained under Section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985. By yet another order dt.19.7.99 the petitioner was committed to District Jail, Surat. The grounds of detention enclosed with the detention order show that the petitioner has been found to be a dangerous person within the meaning of Section 2(c) of the Act. As per the detention order, three criminal cases for offences under Chapters 16 and 17 I.P.C. were registered against the petitioner at Police Station, 'A' Division,Bhavnagar being Criminal Case No.54/97 dt.3.2.97, Criminal Case No.47/99 dt. 21.1.99 and Criminal Case No.267/99 dt.21.5.99 respectively. It has been recorded in the detention order that despite being released on bail in the aforesaid criminal cases, the petitioner was continuing with his anti social activities. Th...
Executive Engineer, Gujarat Water Supply Sewerage Board and anr. Vs. C ...
Court: Gujarat
Decided on: Mar-10-2000
Reported in: (2000)4GLR3463
H.K. Rathod, J.1. Heard the learned Advocates for the respective parties.2. In Special Civil Application No. 5426 of 1994, the petitioner-Board has brought under challenge three orders passed by the Labour Court, as under(i) Ex-pane Award dated 26th May, 1992 passed by the Presiding Officer, Labour Court, Surendranagar in Reference (L.C.S.) No. 300 of 1990 at Annexure-D;(ii) Order dated 10th February, 1994 passed by the Presiding Officer, Labour Court, Surendranagar in Misc. Application No. 18 of 1992; and(iii) Order dated 12th August, 1993 passed by the Presiding Officer, Labour Court, Surendranagar in Recovery Application No. 405 of 1992.3. These three orders have been challenged by the petitioner-Board in Special Civil Application No. 5426 of 1994. In Special Civil Application No. 3600 of 1994, the respondent-workman has prayed for issuance of writ of mandamus with a direction to the respondent Nos. 1 & 2 therein to reinstate the petitioner in his service, in pursuance to an order d...
Arti Ship Breaking Vs. Director of Income-tax (inv.) and ors.
Court: Gujarat
Decided on: Mar-09-2000
Reported in: (2000)161CTR(Guj)323; [2000]244ITR333(Guj)
A.R. Dave, J.1. This petition filed under the provisions of Art. 226 of the Constitution of India is directed against the authorisation issued under the provisions of s. 132(1) of the IT Act, 1961 (hereinafter referred to as 'the Act'), the notices issued under the provisions of s. 158BC of the Act and against initiation of proceedings in pursuance of notice issued under s. 142(1) of the Act dt. 2nd February, 2000, by respondent No. 5 to the petitioner-firm. 2. The Director of IT (Inv.), respondent No. 1 herein, had given necessary direction under the provisions of s. 132(1) of the Act for the purpose of having search at the premises of the petitioner-firm and the partners thereof. The search was continued for a period from 21st January, to 25th January, 2000. In pursuance of the said search which was continued for a period of 5 days, the officer conducting the search had seized books of accounts and had also recorded statements of several persons. Ultimately, the impugned notice under...
N.K. Metalia High School and ors. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Mar-09-2000
Reported in: AIR2001Guj63
ORDERJ.N. Bhatt, J. 1. By this petition under Article 226 of the Constitution of India, the petitioner have assailed the order of the respondents refusing the permission for recognition to run Standard 11 and 12 General Stream for girls, with grant, for the academic year 1999-2000. 2. Petitioner No. 1 is the school and petitioner Nos. 2 and 3 are students, whereas, respondent No. 1 is the State Government, respondentNo. 2 the Commissioner for Higher Education and subsequently added respondent No. 3 is the Gujarat Secondary Education Board which is conducting examination for 10th and 12th Standard. 3. A few material facts, may be stated, at the outset, having material relevance and bearing on the merits and the challenge inthis petition. The petitioner school applied registration for recognition for standard 11 pursuant to the advertisement given by the Higher Education Commissioner in Gujarat daily known as Gujarat Samachar on 13-2-1998. Application for registration of standard 11 was ...
Ahmedabad Municipal Corporation Vs. Usmangani Chhipa and ors.
Court: Gujarat
Decided on: Mar-09-2000
Reported in: (2002)IVLLJ719Guj
H.K. Rathod, J.1. Heard the learned advocates for the respective parties.2. In all these three petitions, Rule has been issued and the ad interim stay against the implementation of the respective awards has been granted. In Special Civil Application No 3547 of 1996, this Court has passed an order to the effect that this petition be heard along with Special Civil Application No. 14033 of 1994 and Special Civil Application No. 10042 of 1995 and ad interim relief in terms of paragraph 7 was granted in the said petition. Therefore, with the consent of the learned advocates, all these three matters are taken up for final hearing today. In these matters, though the awards passed by the Industrial Tribunal being different, the question involved in all these petitions is common and the legal contentions raised therein being common, therefore also, these matters are decided by this common judgment.3. The facts of the writ petition being Special Civil Application No. 3547 of 1996 are thus:The re...
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