Court : Gujarat
Decided on : Dec-26-2013
..... february 1989, dismissed the appeal, thereby affirming the order passed by the competent authority under the act of 1976. the appellants being dissatisfied, thereafter challenged the order passed by the appellate authority by filing a special civil application no.408 of 1993 under articles 226 and 227 of the constitution of india. the learned single judge of this court ..... has been held to be original in nature. according to the judicial officers law lexicon, second edition by justice c.k. thakkar, original writ was the beginning or foundation of a real action at common law. it was a mandatory letter issuing out of the common law, or ordinary jurisdiction of the court of chancery, under the ..... its order is palpably wrong or one reached contrary to the rules of natural justice. it has, therefore, been held that the existence of a right will be the foundation to the exercise of the jurisdiction of the high court under art. 226; see state of orissa v. madan gopal, 1952 scr 28 : (air 1952 sc 12). .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-22-2013
..... contention of the learned counsel appearing on behalf of the petitioner as regards the legality and validity of the order impugned is without any foundation and such contention deserves to be outright rejected. 13.2 mr.jani submitted that the petitioner owes the bank a sum of more ..... the metropolitan magistrates, ahmedabad, thereby empowering the additional chief metropolitan magistrate, ahmedabad, to accept and decide cases under the provisions of the sarfaesi act 2002 arising within the limits of ahmedabad municipal corporation is without jurisdiction and consequently the order passed by the additional chief metropolitan magistrate, ahmedabad, ..... the metropolitan magistrates, ahmedabad, thereby empowering the additional chief metropolitan magistrate, ahmedabad, to accept and decide cases under the provisions of the sarfaesi act 2002 arising within the limits of ahmedabad municipal corporation as well as the order dated 17th july 2012 passed by the additional chief metropolitan magistrate .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-15-2013
..... of the fundamental right of the minorities to administer the educational institution established by them. 7.4. the honble supreme court in the case of tma pai foundation (supra) has also observed and held that while it is permissible for the state and is educational authority to prescribe qualification of a teacher, once the teachers ..... bring efficiency and excellence in the field of school education and, therefore, it is expected of the minority institutions wp(c) nos. 2845/1992 and 4291/1993 page 11 to select the best teacher to the faculty. to provide and enforce any regulation, which will practically defeat this purpose would have to be avoided. ..... article 30(1)." the judgment in sindhi education society v. chief secretary, government of nct of delhi,(2010) 8 scc 49, again interpreting various provisions of the act, after exhaustively surveying the previous decisions on the interpretation of article 30, stated that: "100. the power to regulate, undisputedly, is not unlimited. it has more .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-10-2013
..... a pil, however, there must be sufficient material in the petition on the basis of which the court may proceed. the pil litigant has to lay a factual foundation for his averments on the basis of which such a person claims the reliefs. the information furnished by him should not be vague and indefinite. it is also a ..... a 'name lender'. in the well-known pronouncement of the supreme court in the case of the janata dal v/s. h.s.chowdhary and others, reported in air 1993 sc 892, the supreme court in detail has explained public interest litigation its origin and meaning. in paragraphs 48, 49, 50 and 51, it has been observed as under ..... filed by an organization claiming to be engaged in creating awareness amongst the people regarding their fundamental rights and duties, helping the people to inform through right to information act, creating awareness and accountability in the government, to make the benefits and services reach the common man, creating an able and strong citizen who can form a lively .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-10-2013
..... the discretion vested in the court by both sections 10 and 20. as held by constitution bench of this court in chand rani v. kamal rani. (1993) 1 scc 519: (1993 air scw 1371), "it is clear that in the case of sale of immovable properly there is no presumption as to time being the essence of the contract ..... of the suit agreement. the learned trial judge has rightly found that the plaintiff failed to meet with the requirement of section 16(c) of the specific relief act. so considering the true nature of transaction and the intention of the parties as well as circumstances attended thereto and also express wording/expression used in the suit agreement ..... of sale relating to immovable property, time is not of the essence of the contract unless specifically provided to that effect. the period of limitation prescribed by the limitation act for filing a suit is three years. from these two circumstances, it does not follow that any and every suit for specific performance of the agreement (which does .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-13-2013
..... it was not in the interest of the general public. the learned counsel also drew the attention of the supreme court to the long title of the act reading an act to limit the hours of work of shop assistants and commercial employees and to make certain regulations concerning their holidays, wages and terms of service and submitted ..... treatment on the ground of sex could be regarded as compatible with the convention" (loc. cit., p. 38, para. 78)." (emphasis supplied) (see also schuler-zgraggen v. swizerland, [1993] echr 29; and petrovic v. austria, [1998] echr 21) stereotype roles and right to options 39. professor williams in "the equality crisis: some reflections on culture, courts, and feminism ..... were taken up and heard together as a common question of law is involved in all these matters, viz. whether section 66(1) (b) of the factories act, 1948 [the act hereafter] and it s proviso are ultra vires the constitution of india being violative of articles 14, 15, 16, 19(1) (g) and 21 of the .....
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