Court : Gujarat
Decided on : Apr-17-1980
Reported in : (1980)2GLR71
..... duly approved and initialled by the former. the president, industrial court, was wrong in observing that since the decision to terminate the services of an employee is an act consciously to be undertaken and performed by the concerned officer, the mere initialling of the draft order by the g.m. was not enough to make in an ..... to substantiate his plea of mala fides. the order was passed on the ground of his unsuitability and not as a measure of punishment. besides he was found acting beyond the scope of his activities without permission or sanction of his superiors. hence the order cannot be assailed. it was further held in the said decision as ..... really meant, temporarily, was reverted to his original post on the ground that his work was not only perfunctory but below average. besides he was found to be acting beyond the scope of his activities. the appellant alleged that several senior officials had colluded against him and his reversion was by way of punishment. hence he was entitled .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-20-1980
Reported in : (1980)2GLR159
..... february, 1980, dismissing the appeal of the petitioner-accused against the order of the learned magistrate convicting him for the offence under section 66(1)(b) of the bombay prohibition act ('the act') and sentencing him to r.i. for one month and fine of rs. 200/-, in default, further r.i. for 15 days.2. the accused was apprehended from a ..... that the blood contained o.2323 of w/v. of ethyl alcohol, the accused was prosecuted for the offences under sections 85(1)(3) and 66 (1)(b) of the act. the accused pleaded not guilty and claimed that he was innocent.3. on the evidence led before him, the learned magistrate while acquitting the accused for the offence under section ..... 85(1)(3) of the act, convicted him for the offence under section 66(1)(b) of the act and sentenced him to one month's r.i. and fine of rs. 200/-, in default, further r.i. for 15 days. the accused .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-21-1980
Reported in : 1981LC73D(Gujarat)
..... regard to wooden containers, the petitioners applied on 21st may 1975 for licence in pursuance of item 68 in the first schedule to the central excises and salt act, 1944. they were given the modified licence on 1st september 1975. the factory manufacturing glass products and the factory manufacturing wooden containers were segregated and it was ..... have been manufacturing them. it appears that they have been paying excise duty on them under item 68 in the first schedule to the central excises and salt act, 1944. wooden containers in which glass products are packed cannot form a part of the manufacturing process applied to the glass products. therefore, they cannot enter ..... the manufacturing process of sheet glass nor are they incidental and ancillary to the manufacturing process as contemplated by section 2 (f) of the central excises and salt act, 1944. we are not impressed by the argument which the learned advocate general has raised before us. so far as such glass sheets are concerned, they .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-23-1980
Reported in : (1980)2GLR108
B.K. Mehta, J.1. A short question which arises in this petition is, can a Government servant be refused to be promoted solely on the ground that a preliminary inquiry is pending against him? The question arises in the following circumstances:2. The petitioner joined the Medical Department of the erstwhile State of Bombay on September 5, 1959 as B.C.G. Medical Officer and pursuant to the bifurcation of the State of Bombay, he was allotted to the State of Gujarat and absorbed on the said post. He was selected for the post of Medical Officer in Gujarat Public Service Commission Class II in June, 1964. This post was upgraded to Class I post. The petitioner claims that he was allowed to cross efficiency Bar and the grading about his performance was consistently good. He also claimed that no adverse remarks have been made till October, 1979 when the Reviewing Authority remarked that the petitioner was not sound in administrative procedure, though it is claimed by the petitioner that this rem...
Tag this Judgment!Court : Gujarat
Decided on : Apr-23-1980
Reported in : (1981)22GLR289
..... is refused on any such ground, the action of the government refusing permission can always be challenged. merely because in a case here or there the government may act capriciously or on irrelevant grounds, it cannot be said that such a widely worded provision, inserted for meeting the needs of an eternally changing society, introduces an ..... extend even to matters of food and dress.the guarantee which the constitution has given not only protects the freedom of religious opinion but it protects also acts done in pursuance of a religion. referring to the essential part of the religion, it has been observed that what constitutes the essential part has direct ..... thirtha swamiar of sri sir pur mutt : [1954]1scr1005 the question of considering the impact of articles 25 and 26 on the madras hindu religious and charitable endowments act, 1951 arose in that case. in paragraph 15 of the report, connotation of the expression 'religious denomination' used in article 26 has been considered by the supreme .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-28-1980
Reported in : (1980)2GLR89
..... courts as a question of construction depending upon the true intention of the parties. in contrast, the statutory provisions contained in section 56 of the contract act lay down a positive rule of law and english authorities cannot therefore be of direct assistance though they have persuasive value in showing how english courts have ..... transmitted through the railway from visavadar to hathras. in the meanwhile the gujarat groundnut (transport control) order, 1964 duly framed under the defence of india act and the rules came into force from 22-1-1962 and exercising power under the said order the competent authority requisitioned these goods and intercepted the goods ..... resisted the suit by its written statement, ex. 36. the defendant did not admit that the plaintiff was a partnership firm registered under the indian partnership act. defendant contends that the civil court at rajkot had no territorial jurisdiction to hear the suit. the defendant denied that it had given an offer to purchase .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-30-1980
Reported in : (1980)2GLR322
..... right of maintenance from these properties. the supreme court in the light of facts before it held that the provisions of section 14(1) of the hindu succession act applied and not provisions of section 14(2) thereof. while deciding as above, the supreme court, had made the following pertinent observations:the widow's right to ..... the provisions of the hindu womens' right to property act, hirabai, widow of the predeceased son of bhavanji acquired interest in the suit property at least in 1950 when she survived the original mortgagor bhavanji. as stated above ..... -kutch state territory in 1949 by application of laws order of that year. mr. mankad submitted that even if the provisions of hindu womens' right to property act may not be applicable in 1944 when govindji died, they were applicable when the original mortgagor died in 1950. mr. mankad, therefore, submitted that even under .....
Tag this Judgment!Court : Gujarat
Decided on : May-01-1980
Reported in : AIR1981Guj67; (1980)2GLR239
..... one, we are of the opinion that notification- issued undersection 4 and the declarat-17on made undersection 6 and the notice~-undersection 9 of the land acquisition act are liable to be quashed. 28. in the result, all the netitions succeed. the impugned notification undersection 4 declaration undersection 6 and *e notice undersection 9 ..... notification is void and non est and not merely invalid. fourthly, the land accuisition officer or the government, as the case may be, has itself acted in a leisurelv and tardy manner. the last conclusion is evidenced by the following facts which we recapitulate for the purdose of ready reference, notification undersection ..... a public purpose. that 'instrumentality' and 'public purpose' are different is made clear in the instant case by the declaration made undersection 6 of the land acquisition act. it in, terms stated that 'the lands under acquisit , ; -on were required for construction of houses by the gujarat housing board.' this specification in col. .....
Tag this Judgment!Court : Gujarat
Decided on : May-01-1980
Reported in : 1981CriLJ908; (1980)2GLR167
..... no. 1618 of 1976 acquitting the respondent-accused of the offences under section 7(1) read with section 16(1)(a)(i) of the prevention of food adulteration act, 1954 ('the act') read with rule 23 of the prevention of food adulteration rules, 1955, ('the rules').2. from the shop of the accused, on 17-2-1976, the ..... guilty of the offences under section 18, the conclusions drawn by the learned magistrate are based an misconception of law and the interpretation of the provisions contained in the act and the rules, unworthiness of the conclusion drawn as also reasons advanced in support thereof by him are clearly demonstrated hereinabove. the order of acquittal is, therefore, ..... with written consent of the prescribed authority. that written consent was obtained on 16-8-1976. in view of the provisions contained in section 20 of the act it cannot be suggested that the written consent of kapadvanj municipality was necessary on that day and that this written consent was not proper. the finding of the .....
Tag this Judgment!Court : Gujarat
Decided on : May-02-1980
Reported in : AIR1981Guj1; (1980)GLR838(GJ)
..... there are other decisions of the gujarat high court where observations regarding the mandatory character of the provisions similar to the provisions in section 77 of the bombay municipal boroughs act have been made. in saurashtra iron foundry & steel works pvt. ltd. v. bhavnagar nagarpalika, (1970) 11 guj lr 351: (air 1970 guj 53), the ..... text books on jurisprudence and in the text books on interpretation of statutes as purposeful interpretation requires that so far as section 75 of the bombay municipal boroughs act is concerned, when the requirement of that 'section is to publish the rules with a view to inviting objection. that provision must be read as mandatory ..... relating to public law and scanning them for their validity is to fail in understanding the social philosophy that puts life and meaning into the provisions of the act. the law, being realistic, reckons with the socialist sector covering state and co-operative enterprises.'paragraph 9 deals with the special facts of that case and .....
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