Court : Gujarat
Decided on : Jun-22-2012
Common C.A.V. Order: Bhaskar Bhattacharya, CJ. 1. While admitting Letters Patent Appeals being LPA No. 1106/2011, 1107/2011, 1111/2011 and 1116 of 2011 preferred by unsuccessful petitioners of four different Special Civil Applications, a Division Bench of this Court presided over by the then the Chief Justice directed that in view of the importance of the issue involved therein, the matters should be heard by a larger Bench. Consequently, this Bench was constituted for hearing all those four LPAs. 1.1 Subsequently, after taking into consideration the fact that various Special Civil Applications were pending before the learned Single Judge involving the selfsame point, we decided to give opportunity of making submissions to the learned counsel for the petitioners in those Special Civil Applications at the time of hearing of the above four appeals. 2.2 The subject matter of the four LPAs indicated above is the decision of the District Collector, Kutch who issued instructions to the conce...
Tag this Judgment!Court : Gujarat
Decided on : Mar-12-2012
1. By way of this writ-petition under Article 226 of the Constitution of India, the writ- petitioner has prayed for declaration that the provisions contained in Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'the Act') are ultravires the Constitution of India and has also prayed for quashing and setting aside the order dated January 30, 2012 passed by the District Magistrate, Surat in exercise of powers under Section 14 of the Act. 2. The facts relevant for the purpose of deciding this petition can be summarised as under : “2.1 The petitioner No.1 is a private limited company and the petitioner Nos.2 to 4 are its Directors. The petitioners availed of loan facility from respondent No.2-Bank and as they failed to repay the loan amount, they were declared as defaulters. As the petitioners defaulted in repayment of the loan amount, the Bank decided to proceed against them under the Act...
Tag this Judgment!Court : Gujarat
Decided on : Aug-29-2012
The Chief Justice Bhaskar Bhattacharya: 1. In this Special Civil Application under Article 226 of the Constitution of India, the writ-petitioners, two in number, the first one being the elected President of Rajkot Parliament Youth Congress and other, being a Senate Member of Saurashtra University, have prayed for the following reliefs. [A]. Your Lordship be pleased to issue writ of mandamus or any other appropriate writs directing the Opponent No.2, Saurashtra University to act in accordance to the direction given by Chancellor of the Saurashtra University by its order dated 01st February, 2011 bearing No. G.S.11.2/158/16/2011. [B]. Your Lordship be pleased to issue directions, order or writ in the nature of quo-warranto or any other appropriate writ that the Opponent No.4, Mr. Gajendra Mulshankar Jani holding no requisite academic qualification or experience for the post of Registrar of the Saurashtra University and his appointment for the post of Registrar is illegal and he is not en...
Tag this Judgment!Court : Gujarat
Decided on : Sep-26-2012
Bhaskar Bhattacharya, C.J. 1. By this application under Article 227 of the Constitution of India, the petitioner has prayed for setting aside the order dated February 22, 2012 passed by the Industrial Tribunal, Ahmedabad, below Exh. 13 in Reference (IT) No. 180 of 2011. By the said order, the Tribunal has granted interim relief of wage-rise of Rs.500/- a month to all the workmen and annual increment in wages at the rate of Rs.100/- for each completed year of service. The Tribunal further directed that the arrears should be paid with effect from 1st November 2011. The Tribunal also granted interim relief to extend leave benefits as per the provisions of the Bombay Shops and Establishment Act and for making payment of wages in accordance with Payment of Wages Act, 1936, to issue pay-slips. 2. Being dissatisfied, the petitioner has come up with the present application under Article 227 of the Constitution of India. 3. The facts giving rise to the filing of the present writ-application may...
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