Court : Gujarat
Reported in : (2007)3GLR2488
Anant S. Dave, J.1. This writ petition under Article 226 of the Constitution of India is preferred by the petitioners, who were employees of the Government Engineering Colleges of State of Gujarat. At the relevant point of time, all the petitioners were in service and particulars regarding service of the petitioners are provided as per the chart annexed at Annexure-A to the petition. The petitioner Nos. 1, 3 and 6 are Assistant Professor, while petitioner Nos. 2 and 5 are Professors and petitioner No. 4 is the Principal. In this petition, the petitioners have prayed for the following reliefs:(a) to direct the respondents to give benefit of the increasede age of superannuation of 62 years to the petitioners - teachers of Engineering Colleges w.e.f. 31.7.1998 as directed by the Central Government and the All India Council for Technical Education (AICTE) vide communications dated 31.7.1998, 2.9.1998 and 9.10.1998 as per Annexure-B colly and to further direct the respondents to continue th...
Tag this Judgment!Court : Gujarat
Reported in : AIR2007Guj185
M.S. Shah, J1. Rule. Mrs VS Pathak, learned AGP for respondent Nos. 1 to 3, Mr Tushar Mehta, learned Counsel for respondent Nos. 4, 5 and 6 and Mr Harin Raval, learned Counsel for respondent No. 7 waive service of Rule.In the facts and circumstances of the case and considering the urgency in the election matters, we have taken up the petition for final disposal today.2. The Director of Agricultural Marketing and Rural Finance issued order dated 11.5.2007 fixing the date of election to APMC, Himmatnagar. The detailed election program was thereafter issued on 15.5.2007 with the following dates for various stages of election:1.Date of announcementof elections14.05.20072.Dateon which the Authorised Officer shall issue instructions for preparation of thevoters' list14.05.20072A.Dateof communicating the names of voters to the Authorised Officer [Rule 7(1)]22.05.20073.Preparationof the provisional list of voters [Rule 7(2)]29.05.20074.Thelast date for submitting objections/ applications for a...
Tag this Judgment!Court : Gujarat
Reported in : AIR2007Guj161; (2007)2GLR1820
M.S. Shah, J.1. Leave to add Siraj Mohammad Patel as respondent No. 5. Rule returnable forthwith.Mr. Anjaria for the State Election Commission (respondent No. 4), Ms. Trusha Patel, learned AGP for respondent Nos. 1 to 3 and Mr. Vaghela for Mr. Siraj Mohammad Patel (who is permitted to be joined as respondent No. 5 and who is one of the contesting candidates) wa4ve service of Rule for the respective parties.2. Elections to Sanjali Gram Pachayat were required to be held before 17-1-2007. The elections were not held and, therefore, this Court had to issue a writ of mandamus following the decision of the Apex Court in Kishansing Tomar v. Municipal Corporation of the City of Ahmedabad : AIR2007SC269 . By our order dated 11-5-2007, we directed the authorities to hold elections to Sanjali Gram Panchayat at the earliest and in any case before 30-6-2007. We allowed the petition in terms of the following directions:3. In view of the aforesaid decision, we direct the respondents to hold elections...
Tag this Judgment!Court : Gujarat
Reported in : (2007)1GLR912(GJ)
K.A. Puj, J.1. Since common issue is involved in both these petitions and since they are heard together, the same are being disposed of by this common judgment and order.2. Special Civil Application No. 4916 of 2005 is filed by M/s. Akshar Image, the petitioner - orig. plaintiff under Article 227 of the Constitution of India challenging the order dated 20.01.2005 passed by the learned City Civil Judge, Ahmedabad below an application Exh.102 in Civil Suit No. 82 of 2002 whereby the application filed by the present respondent No. 1 - orig. defendant No. 1 praying for amending the written statement and seeking direction to treat the amended written statement as counter claim, was allowed.3. Similarly, Special Civil Application No. 4940 of 2005 is filed by M/s. Akshar Print challenging the order dated 20.01.2005 passed by the learned City Civil Judge, Ahmedabad below an application Exh. 94 in Civil Suit No. 83 of 2002 whereby the application filed by the present respondent No. 1 - orig. de...
Tag this Judgment!Court : Gujarat
Reported in : 1991(34)ECC64; 1991(54)ELT38(Guj); (1991)1GLR336
Shah, J. 1. In these two petitions the petitioner, Indian Farmers Fertilizer Co-operative Limited (known as IFFCO), a Multi-unit Co-operative Society engaged in the manufacture of chemical fertilizers and allied products, bye-products and their conversions, storage, transportation and marketing. Its factories are in Kalol and New Kandla Port in the State of Gujarat. It is their say that they regularly import 'phosphoric acid' for use in the manufacture of Nitrogen phosporous potash in large quantity. The question involved in both these petitions is whether Phosphoric Acid imported by the petitioner for manufacture of fertilizer was liable to pay auxiliary duty of customs at the rate of 15 per cent under clause of the Notification No. 14 dated 1st March, 1974 issued by the Central Government in exercise of its powers under Section 25(1) of the Customs Act, 1962 read with clause 19(4) of the Finance Bill, 1974 or whether at the rate of 5 per cent under clause 2 of the said notification. ...
Tag this Judgment!Court : Gujarat
Reported in : (2009)3GLR2416
H.K. Rathod, J.1. Heard learned advocate Mr. MTM Hakim for learned Senior Advocate Mr. S.H. Sanjanwala on behalf of appellants, learned advocate Mr. T. P. Satta for learned advocate Mr. A.V. Trivedi appearing for respondent No. 7-United India Insurance Co. Ltd., learned advocate Ms. Renu Singh for learned advocate Mr. Y. N. Ravani appearing for respondents-claimants.2. The appellant being a owner of vehicle-Visat Travels-a partnership firm through its partner challenging common award passed by Motor Accident Claims Tribunal, Mehsana in respect to Motor Accident Claim Petition Nos. 426 of 1986 and 427 of 1986, Exh.135,decided on 18/1/1993.3. Brief facts of present appeals are as under:3.1 The deceased Haribhai Ambalal was driving scooter No. GAL-3614 and deceased Babubhai Ambalal was a pillion rider of that scooter and both of them were going from Shertha to Kalol on 11/5/1986. The scooter was being driven by Haribhai on correct side of road with moderate speed and when scooter reached ...
Tag this Judgment!Court : Gujarat
Reported in : (2008)1GLR75
A.L. Dave, J.1. This matter is placed before us by virtue of an order passed by the Honourable the Chief Justice pursuant to an order passed by learned Single Judge in Second Appeal No. 114 of 2006 on 18.9.2006, wherein a question arose as to whether a second appeal would be maintainable in view of provision contained in Section 299 of the Indian Succession Act, which provides for only one appeal. According to the learned Single Judge, the provisions contained in Section 24 of the Gujarat Civil Courts Act and Section 299 of the Indian Succession Act run repugnant to each other and unless there is an amendment in the Indian Succession Act, it would be doubtful whether such Second Appeal would be maintainable? Therefore, the matter is placed for consideration of the question before this Division Bench.2. We have heard learned Senior Advocate, Mr. J.R. Nanavaty, appearing with Mr. Mehul Rathod, learned Advocate, Mr. Hriday Buch and learned Additional Advocate General, whom we had called u...
Tag this Judgment!Court : Gujarat
Reported in : 2007CriLJ3958; (2007)3GLR2508
Abhilasha Kumari, J.1. Rule is issued in Special Criminal Application No. 1261 of 2005. Ms. Archana C. Raval, learned APP waives service of notice on behalf of respondent No. 1. Mr. Manish R. Raval, learned Counsel, waives service of notice on behalf of respondent No. 2. In Special Criminal Application Nos. 1716 to 1718 of 2005, rule was issued on 13-2-2007 and the respondents are duly served.2. The above numbered petitions have been placed before this Court pursuant to the order dated 27-12-2006 passed by learned single Judge of this Court in Special Criminal Application No. 1261 of 2007, which reads as under:1.0 Ms. Shah, learned Advocate for the petitioner, in support of her case, has placed reliance on following decisions,(A) 'Satishkumar Jayantilal Shah v. State of Gujarat' reported in 1999 DCR 329,(B) 'K.P. Devassy v. The Official Liquidator' reported in 1999 DCR 339.2.0 Having gone through the aforesaid decisions, it appears that the view taken by the respective learned single J...
Tag this Judgment!Court : Gujarat
Reported in : (2007)3GLR2336
K.A. Puj, J.1. The appellant - original accused No. 1 has filed this appeal under Section 374(2) of the Criminal Procedure Code, 1973 ( for short 'the Code') challenging the order dated 30.4.2005 passed by the learned Additional Sessions Judge, 6th Fast Track Court, Panchmahal at Godhra in Sessions Case No. 320 of 2004 convicting him for the offence punishable under Section 304 Part-I of IPC and sentencing him for R.I of 10 years with fine of Rs. 1 lac (Rupees One Lac Only) and, in default of payment of fine further S.I of 3 months.2. This appeal was admitted on 17.8.2005 and Court directed the learned Counsel appearing for the appellant - original accused to prepare and produce paper book containing depositions of all witnesses and documents produced before the trial Court. The Court has also directed the registry to notify the appeal for final hearing in the week commencing from 12.9.2005. 3. Briefly stated, the prosecution case as disclosed from the complaint as well as unfolded dur...
Tag this Judgment!Court : Gujarat
Reported in : (2007)2GLR2204
D.A. Mehta, J.1. As the pleadings are complete, considering the issue involved, the petition has been heard finally. RULE. The learned advocates appearing for the respondents are directed to waive service of rule.2. This petition has been preferred challenging order dated 25.01.2007 (ANNEXURE-A) and following reliefs have been prayed for:9. On the facts and circumstances mentioned hereinabove, the petitioner prays to Your Lordships that;A. be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction quashing and setting aside the order passed by respondent No. 1 dated 25.1.2007 at Annexure-A to the petition;B. Pending admission and final disposal of this petition, Your Lordships will be pleased to stay further operation, execution and implementation of the order passed by respondent No. 1 dated 25.1.2007 at Annexure-A to the petition;C. Be pleased to award the cost of this petition;D. Such other and further relief that...
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