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Gujarat Court October 2002 Judgments

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Oct 04 2002

Saurashtra Gandhiji Gramodhyog Trust Vs. Western Regional Committee an ...

Court: Gujarat

Decided on: Oct-04-2002

Reported in: (2003)4GLR3515

Jayant Patel, J.1. Rule. Mr. Jani, learned Counsel for respondent Nos. 1 and 2, waives service of notice of rule. With the consent of the parties, the matter is taken up for final hearing today.The short facts of the case are that the petitioner, which is a charitable Trust, applied for recognition of B.Ed. College to respondent No. 1. The application was made on 4-9-2000. The application was processed and ultimately the inspection visit was made on 24-7-2001. On the basis of the said inspection visit and after considering the material, on 8-11-2001, the decision was communicated by respondent No. 1, whereby the request to grant recognition was refused. The matter was carried by the petitioner to the appellate authority, and ultimately the appellate authority, on 25th June, 2002, passed the order, whereby the other deficiencies which were mentioned in the order of the first authority were considered as complied with. However, so far as the strength of the lecturers is concerned, it was...


Oct 04 2002

Lathi Nagarpalika Karmachari Mandal Vs. Lathi Nagar Palika

Court: Gujarat

Decided on: Oct-04-2002

Reported in: (2003)4GLR386

M.S. Shah, J.1. The petition is filed on behalf of the employees of the Lathi Municipality (hereinafter referred to as 'the respondent Municipality'). It is the case of the petitioners that in 1998 the employees of the respondent Municipality were granted the benefit of the fifth Pay Commission pay scales w.e.f. 1.1.1996 and now the Chief Officer of the Municipality proposes to take away that benefit in view of the instructions issued by the Director of Municipalities, Gujarat State on 23-7-2002.The learned counsel for the petitioner has referred to the decision dated 30-7-2002 of this Court in Special Civil Application No. 3532 of 2002 in support of the contention that even if the staff expenditure is in excess of 45%, the permanent employees who are appointed on the sanctioned set-up of the Municipality need not be made to suffer if the excess takes place on account of recruitment of daily wagers or regularizations of daily wagers. The learned counsel for the petitioner has submitted...


Oct 03 2002

Govindbhai Ambalal Patel and ors. Vs. Additional Special Land Acquisit ...

Court: Gujarat

Decided on: Oct-03-2002

Reported in: (2003)1GLR734

H.K. Rathod, J.1. Heard learned Advocate Shri P. V. Nanavati for the appellants in First Appeal Nos. 295, 296 and 297, all of 1985. Learned Senior Advocate Mr. Sanjanwala is appearing for the appellants in First Appeal No. 840 of 1984. Learned A.G.P. Mr. M.K. Patel is appearing for the respondents in this group of appeals.2. Brief facts of the present four appeals are as under ;The Director of Education, State of Gujarat, Ahmedabad has, by letter dated 27th May, 1970, requested the Collector, Ahmedabad to acquire the lands bearing Survey No. 16/1 Part, 17/1, 17/2, 18 Part, 20/1, 21, 26, 27, 28, 30/1 Part, 31/1 Part of Vastrapur, Taluka City District Ahmedabad for the Indian Institute of Management, Ahmedabad ('I.I.M.A.' for short). Out of the lands to be acquired for the I.I.M.A., some lands were in the green belt and the some of the lands were reserved for the Gujarat Housing Board in sanctioned development plan of the Ahmedabad City. Thereafter, by Notification dated 15th January, 19...


Oct 03 2002

Thasara Village Panchayat Vs. P.D. Vaghela

Court: Gujarat

Decided on: Oct-03-2002

Reported in: (2003)1GLR676

P.B. Majmudar, J.1. Is it the mandate of the Legislature that moment a Panchayat fails to pass budget on or before 31st March of the current year, the said Panchayat is required to be dissolved/superseded, or whether any discretion is left with the State Government not to effect dissolution or supersession of the said Panchayat even if such budget is not passed within the stipulated time, is the question which arises for consideration of this Court in this Special Civil Application.2. Election of Thasara Village Panchayat, the petitioner herein, took place in January, 2002. On the basis of the election of the Village Panchayat, the first meeting of the Panchayat was held on 21st January, 2002. Thereafter, the Sarpanch convened the meeting for approving the budget estimate on 27th March, 2002. However, in the aforesaid meeting, the Panchayat failed to pass the budget. Thereafter, the Sarpanch again called the meeting on 5th April, 2002, for approving the Budget. Even in the said meeting...


Oct 03 2002

Bharatbhai @ Jimi Premchandbhai Vs. State of Gujarat

Court: Gujarat

Decided on: Oct-03-2002

Reported in: (2003)1GLR330

Y.K. Sabharwal, J.1. Deceased Raghunath Yadav was convicted and sentenced by the Sessions Court at Varanasi for the murder of father of Brijeshsinh - who is one of the absconding accused in the present case. While on bail in appeal, Raghunath Yadav, apprehending danger to his life, came to reside at Mehsana in the State of Gujarat. On 14th June, 1992, Raghunath Yadav was murdered at Mehsana.2. In TADA Case Nos. 1, 2, 3 and 7 of 1996, twelve accused were tried by the Designated Judge, Ahmedabad for offences under Sections 302, 397, 307 and 120B I.P.C. Sections 3(1), 3(3), 3(4) and 5 of the Terrorist And Disruptive Activities (Prevention) Act, 1987 (for short 'TADA Act') and under Section 25(1)(a) and (b) of the Arms Act.3. The charge-sheet against accused Nos. 1 to 3 was filed on 6th April, 1993, against accused Nos. 4 to 6 on 1st July, 1994, against accused Nos. 7 to 11 on 15th April, 1996 and against accused No. 12 on 26th November, 1996. The charges were that the accused persons and ...


Oct 01 2002

Dabhi Nilesh Pethabhai Vs. State of Gujarat

Court: Gujarat

Decided on: Oct-01-2002

Reported in: (2003)4GLR292

B.J. Shethna, J.1. The applicant-original petitioner had earlier filed writ petition i.e. Special Civil Application No. 7229/02 before this court praying that a writ in the nature of mandamus or any other appropriate writ Order or direction be issued to the respondents calling upon them to produce merit list of Open Category as well as Merit List of students belonging to Scheduled Caste category and to count eligible candidates belonging to Scheduled Caste in the merit list of Open Category.2. The applicant-original petitioner himself belonging to Scheduled Caste (Hindu Vankar). He passed his Higher Secondary Certificate (HSC) Examination held by Gujarat Education Board in General Stream in the month of April, 2001 with 76.17%. In spite of it, he was not given admission, therefore, he approached this court by way of aforesaid writ petition on the grounds mentioned in it.3. Initially, when the aforesaid writ petition came up before this court on 6.8.2002, notice was ordered to be issued...


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