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-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-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-17-1980
Reported in : (1980)2GLR132
..... some of these survey numbers had superstructures standing on them. on 30th may 1957, the government of bombay issued a notification under section 4 of the land acquisition act for the acquisition of these lands. the public purpose which was stated in the notification was that they were required for a municipal play-ground. on 13th march ..... land acquisition officer made award of compensation on 30th june 1960. thereafter there was a reference to the city civil court at ahmedabad under sec, 18 of the act. the city civil court enhanced the compensation awarded by the land acquisition officer. the award made by the city civil court at ahmedabad was challenged by the ..... petition.3. the first question which has been raised by mr. shah who appears on behalf of the petitioners is that under section 48 of the land acquisition act, 1894, the state government cannot withdraw from acquisition of the aforesaid survey numbers of which possession has not been taken. sub-section (1) of section 48 provides .....
Tag this Judgment!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-16-1980
Reported in : AIR1981Guj120; (1981)GLR473
..... to the impugned terms covered by the mortgage document, exhibit 37, when the mortgagee advanced them rs. 4,000/-. for all practical purposes the impugned conditions acting and reacting on each other had practically made null and void the equity of redemption the mortgagors had in the suit property. consequently the impugned terms cannot be ..... terms must necessarily amount to clog on the equity of redemption. both the courts below, therefore, were quite justified when they held that these two terms acting and reacting on each other and when viewed in the light of the surrounding and attendant circumstances as they existed in 1940, clearly amounted to clog on the ..... ignored by the court and hence the plaintiff-respondent was entitled to pray for a decree for redemption within the period of limitation prescribed by the limitation act starting from the date of the original mortgage of year 1940. it was therefore contended by the respondent-plaintiff that his suit for redemption of the suit .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-15-1980
Reported in : (1980)2GLR48
..... have always to be finally adjusted as per sub-clause (vi) of clause (b) which has an overriding effect. thus sub-clause (iv) and sub-clause (vi) of clause (b) act and react on each other. ultimately the final accounting at the end of the calendar year has to be made and it is the final accounting which really matters. all .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-11-1980
Reported in : 1980(6)ELT390(Guj); (1981)0GLR533
..... are 'articles of hosiery' are statutorily exempted from payment of excise duty under item 22d and, therefore, do not attract any provisions of the central excises and salt act, 1944, and we declare accordingly. 13. in some of these petitions, applications for amendment have been made. the principal contention which the petitioners seek to raise by ..... has raised in support of the petitions is based upon the conjoint reading of item 22d and item 68 in the first schedule to the central excises and salt act, 1944. in order to appreciate the argument which he has raised, it is necessary to reproduce items 22d and 68 and understand their scheme. they read as ..... of these petitions. according to him, these petitions are not maintainable because the petitioners have been merely directed to take out licence under the central excises and salt act, 1944. according to the does not give rise to a cause- of-action which secondly, he has argued that appeal against such the collector, central excise, .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-02-1980
Reported in : AIR1981Guj223; (1981)0GLR469
..... for savings in respect of ss. 19 and 20 only, it reads thus: 'not withstanding the amendments made in sections 19 and 20 of the principal act by this act, a person shall be entitled to recover the amount of tax under the said section 19 or as the case may be, the amount of difference under ..... - ............ ........... .......... .........(b) affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder.it is clear, therefore, that unless the amending act expresses a contrary intention, the liability to pay education cess which accrued for a period or periods prior to 1st april, 1970 is saved. we find nothing in the amending ..... applications which the petitioners may make to him in that behalf. 3. the first question which has been raised is whether under section 12 of the gujarat education cess act, 1962, education cess could have been levied on the petitioners with effect from 1st april, 1962. in that behalf, mr., hathi has relied upon sub-see. ( .....
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