Court : Gujarat
Decided on : Aug-07-2000
Reported in : (2000)4GLR882
P.B. Majmudar, J.1. It will be an ideal state wherein the percentage of literacy at primary level is one hundred percent and nobody would talk in terms of percentage so far as literacy rate is concerned. Both these Public Interest Petitions have been filed with an object to see that the percentage of literacy at grass-root level in the State achieves this noble object of increasing the rate of percentage as much as possible.2. Special Civil Application No. 5941 of 1999 has been filed by one Satya Pal Anand of Indore, Madhya Pradesh, who is a Life Member of the Indian Law Institute, New Delhi, and who is interested in education, having felt constrained about drop of percentage of education at the primary level.It seems that the present petitioner had filed writ petition before the Supreme Court of India, being Writ Petition (C) No. 81 of 1994. The Honourable Supreme Court pointed out in its order, which is at page 78 with the compilation, that the States and Union Territories have gone ...
Tag this Judgment!Court : Gujarat
Decided on : Jul-31-2000
Reported in : (2001)1GLR603
J.N. Bhatt, J. 1. Could it be said that the accused was afforded with an opportunity of effective and efficient hearing and paragon and promising, putative and palliative Legal Aid in a serious and major Criminal trial, wherein, minimum sentence, statutorily prescribed is 10 years and minimum penalty of fine is Rs. 1,00,000 It is the heart and main theme of this Conviction Appeal, on hand.2. In this appeal under Section 374 of the Code of Criminal Procedure, 1973, the appellant-original-accused has assailed the legality and validity of thejudgment and sentence order recorded by the Additional Sessions Judge on 19th September, 1998 in N.D.P.S. Case No. 3 of 1998, whereby, the accused came to be convicted for having committed offence punishable under Section 20(b)(ii) of the Narcotics Drugs & Psychotropic Substances Act, 1985 (for short N.D.P.S. Act) and atter hearing him on the quantum of sentence and considering the fact that wife of the accused who is suffering from deadly disease lik...
Tag this Judgment!Court : Gujarat
Decided on : Jul-21-2000
Reported in : (2000)3GLR2362
B.C. Patel, J. 1. The Hon'ble the Chief Justice Mr. B.N. Kirpal, (as he then was) of this Court sitting with Mr. R.K. Abichandani, J., on 18th August 1994, considering the rival submissions, referred four questions to the Larger Bench which are as under :- [1] Whether the High Court can grant bail, parole or furlough to an accused convicted of an offence under Narcotics Drugs & Psychotropic Substances Act, during pendency of an appeal against the conviction and sentence or thereafter ? [2] Whether High Court in exercise of its writ jurisdiction under Article 226 and 227 of the Constitution of India, can suspend the sentence by granting parole, furlough or bail to an accused convicted of an offence under TADA? [3] Whether the High Court can exercise its writ jurisdiction and suspend the sentence of an accused convicted under TADA and whether such exercise should be undertaken in view of the observations made by the Supreme Court in the case of Kartarsingh, reported in 1994[2] J.T. p...
Tag this Judgment!Court : Gujarat
Decided on : Jul-05-2000
Reported in : (2000)3GLR2586
J.N. Bhatt, J. 1. Whether, the appellants are guilty and responsible for the, ghastly and macabre, killing of deceased Girish Namdar or not, is the central theme, in this conviction appeal under section 374 of the Code of Criminal Procedure, 1973, (Cr.P.C.) challenging the judgment and order of conviction dated 28.12.94, recorded by the learned Additional Sessions Judge, Ahmedabad City, in Sessions Case No.190/93.2. Under the impugned judgment and order, the appellants, who are, original accused persons have been held guilty under section 302, 120-B, 452, 506(2) of the Indian Penal Code (IP Code) and section 25(1)(b) of the Arms Act. The appellants, who are, original accused persons, for the sake of convenience, are hereinafter, referred, to as accused Nos.1 to 3, as originally arraigned in sessions case. Accused No.1, Rajesh, (A-1) is ordered to suffer imprisonment for life and pay a fine of Rs.2,000/-, in default of payment of fine, to undergo 10 days further rigourous imprisonment f...
Tag this Judgment!Court : Gujarat
Decided on : Jul-26-2000
Reported in : (2001)2GLR1551
P.B. Majmudar, J. 1. One 'Action Group' has filed the present petition by way of Public Interest Litigation through its Convener Mr. Dinkar Mehta. By way of this public interest litigation, the petitioner has prayed various reliefs such as, directing the Registrar of Co-operative Societies to appoint an Administrator; to take charge of the respondent No. 4-Bank; to direct the Reserve Bank of India to take appropriate proceedings under Section 35A of the Banking Regulation Act, 1934; to cancel the Board of Directors presently functioning of the respondent No. 4-Bank, and to appoint Administrator for the purpose of managing the affairs of the respondent No. 4-Co-operative Bank. 2. The petition was moved during vacation and the learned Vacation Judge has issued notice to the respondents. 3. The respondents have appeared in the matter and on behalf of respondents 4 to 7, respondent No, 7, who is the Manager of the respondent No. 4-Bank, has filed affidavit-in-reply, which is at page 131 of...
Tag this Judgment!Court : Gujarat
Decided on : Jun-20-2000
Reported in : AIR2001Guj16
B.C. Patel, J.1. By way of this Public Interest Litigation the petitioner, the Chairman of the Indian Institute of Architects, Gujarat Chapter, Ahmedabad, has moved this Court for quashing and setting aside the agreement entered into between the respondent, Gujarat Housing Board and respondent No. 3 Sandip & Prerak Associates claiming to be the reputed Architectural Consultancy Firm.2. Short facts which are relevant to dispose of this petition are as under :3. The Architects Act, 1972 (hereinafter referred to as 'the Architects Act') has been enacted by the Parliament which provides for Council of Architects, President and Vice-President of Council, Finances of Council, Recognition of qualifications granted by authorities in India, Recognition of architectural qualifications granted by authorities in foreign countries, effect of recognition, Minimum standard of architectural education and Professional conduct etc. Chapter III refers to Registration of Architects. Chapter III provides f...
Tag this Judgment!Court : Gujarat
Decided on : Mar-03-2000
Reported in : (2000)3GLR2323
M.R. Calla, J. 1. This appeal is directed against the order dated 6th April 1999 passed by the Judge, Court No.XVI, City Civil Court, Ahmedabad.2. The respondents nos.1 and 2 herein (orig. plaintiffs) filed Regular Civil Suit No.855 of 1999 before the City Civil Court, at Ahmedabad along with an application for temporary injunction, in the following terms:'(A) That the defendants by itself, its partners, servants, agents, dealers, distributors and assignees be restrained by an order of temporary injunction of this Hon'ble Court till final disposal of this suit, from infringing the plaintiffs' Trade Mark 'VICKS' by use of the Trade Mark 'VIKAS' or any other marks similar to the plaintiffs' Trade Mark 'VICKS'.(B) That the defendants by itself, its partners, servants, agents, dealers, distributors and assignees be restrained by an order of temporary injunction of this Hon'ble Court till the final disposal of this suit from infringing the plaintiffs' Copy Right in the artistic work in labe...
Tag this Judgment!Court : Gujarat
Decided on : Mar-24-2000
Reported in : (2001)1GLR125
A. R. Dave, J.1. Being aggrieved by an order dated 6-4-1999 passed belowthe Notice of Motion in Civil Suit No. 854 of 1999, the appellant-original defendant No. 1 has approached this Court by way of this appeal from order. For the sake of convenience, the parties to the litigation have been referred to as they have been arrayed before the trial Court. The appellant, defendant No. 1, has been aggrieved by the impugned order because, by virtue of the impugned order, during pendency of the suit, defendant No. 1 has been restrained from using mark 'VICAS' or any other mark, which is likely to infringe trade mark 'VICKS' which is being used by the plaintiffs. Moreover, defendant No. 1 has also been restrained from manufacturing, selling or offering for sale, medicinal preparation and allied products using trade mark 'VICAS' or any other trade mark which might be deceptively similar to trade mark 'VICKS' of the plaintiffs.2, The facts giving rise to the litigation, as stated by the plaintiff...
Tag this Judgment!Court : Gujarat
Decided on : Jun-23-2000
Reported in : (2000)4GLR628
J.N. Bhatt, J.1. By this petition under Article 226 of the Constitution of India, the petitioner has challenged the order of transfer dated 31.3.86 passed by the respondent No.1, Bhavnagar Municipal Corporation, transferring respondent No.3, Mr.Naval C. Mehta, from the post of Sanitary Inspector in the Health Department to the post of Shop Inspector, with effect from 1.4.86 on administrative grounds and also the seniority list prepared by the Corporation as on 1.2.78.2. The petitioner has, inter alia, contended that the impugned order of transfer and the seniority list are illegal, depriving him of his right and therefore it is sought to be quashed.3. A conspectus of material and relevant factual aspects may be narrated, at first.4. The petitioner has been in the service of the respondent No.1, Corporation since 1st February, 1978, holding the post of Sanitary Inspector. Respondent No.2, Mr Mehta, became Sanitary Inspector with effect from 18th April, 1983, when he was promoted to the ...
Tag this Judgment!Court : Gujarat
Decided on : Jul-28-2000
Reported in : AIR2001Guj118; (2001)1GLR16
J.N. Bhatt, J. 1. Whether the alienation of immovable property by the de facto guardian of a minor is, always void and whether it is obligatory for the minor to get it quashed by legal process and whether the minor is also obliged to resort to such legal process within the period of three years upon attaining the majority, are the questions forming the theme and heart of this Full Bench Reference. 2. During the course of the arguments of this appeal, initially, before the learned single Judge, he thought it expedient to refer the 'Entire Appeal' to the Larger Bench for deciding the controversy raised between the parties in view of two contradictory decisions enumerated in the reference order dated 26th August 1993. That is how the First Appeal has come up before this Larger Bench. Ordinarily, the question of law or formulated points under reference are placed before the Larger Bench. However, since the time-gap long and the also fact that the learned brother Judge, who has made referen...
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