Court : Gujarat
..... according to the petitioner, pursuant to an application filed by the president of the petitioner under the right to information act, the rti officer in the collectorate replied to the rti query on 18th january 2014 intimating therein that no steps have been taken by the collectorate to challenge the said order passed by the revenue department [appeals] dated 31st january 2013 and even no legal opinion was also ..... numbers, as described in the order of the collector dated 31.12.2011 at annexure-d for industrial purpose by the state government be declared as illegal, arbitrary, against the settled principles of law for the reason being that till date, the purpose for which the said lands were allocated in the year 1999 for setting up of the cement plant by the private respondent no.6 herein is not satisfied or the construction is not carried out ..... pleased to issue a writ of mandamus or any other writ in the nature of mandamus or any other appropriate writ, order or direction by granting the following prayers:- (a) your lordships may be pleased to admit and allow this special civil application; (b) your lordships may be pleased to hold and declare that the action and inaction on the part of the respondent authorities in allocating the lands to the private respondent no.6 herein ultratech cement limited approximately admeasuring 60.33.66 hector-are-sq. ..... that being the position, according to the supreme court, it was mandatory for the collector at that stage itself, to act under section .....
Tag this Judgment!Court : Gujarat
..... after taking into consideration all the relevant aspects of the matter the only question which fell for our consideration was whether the state government should have been directed to rearrange the select list of "vidya sahayaks" of the year 2004 for the purpose of giving appointments to the members of the scheduled tribes, to the extent of 4.5% who were left- out on account of the reduction of the percentage of reservation from 15% to 10.5%. 6. ..... on the contrary, the main prayer in the special civil application was for issue of a writ of mandamus to fill-up the post of vidya sahayak from amongst the scheduled tribe candidates to the extent of 40% and direction upon the state authorities to fill-up the remaining posts of vidya sahayaks from the candidates who had applied for the posts pursuant to the advertisement dated 21st july, 2004. 10. mr. ..... state of rajasthan and others reported in 2014 air scw-2105 in support of his submissions that this court in exercise of power under article-226 of the constitution can direct the state authorities to grant the benefit of age relaxation in favour of the applicants if they apply for the post in any future recruitment. ..... the question as regards the court's power of review in proceedings under article 226 of the constitution of india came up for consideration before a full bench of this high court in gujarat university v. ..... the state authorities, for the purpose of the said recruitment had decided to act in terms of the g.r. .....
Tag this Judgment!Court : Gujarat
..... this court, after looking into the original resolution passed by the syndicate of the university, held that from the said resolution, it was clear that the services of the respondent were terminated purely on the ground of unsatisfactory work during the probation period and it was then observed by the court that though the registrar communicated the order giving an impression, as if the same charge against the respondent was proved, it was an error of communication only and the order was actually passed by the syndicate on the ground of suitability alone. ..... , the competent authority may, while deciding the issue of suitability of the probationer to be confirmed, ignore the act(s) of misconduct and terminate his service without casting any aspersion or stigma which may adversely affect his future prospects, but, if the misconduct/misdemeanour constitutes the basis of the final decision taken by the competent authority to dispense with the service of the probationer albeit by a non-stigmatic order, the court can lift the veil and declare that in the garb of termination simpliciter, the employer has punished the employee for an act .....
Tag this Judgment!Court : Gujarat
..... avoid multiplicity of trials and also as the offences alleged against all the accused including the applicant herein are committed in the course of the same transaction, the charge for the offence under section 212 of the indian penal code against the petitioner must also be tried and decided in the same sessions case without postponing the same for consideration by a separate case ..... convicted offender.it is true that if the accused who is alleged of committing the offence under section 212 if charged separately, on the facts of a particular case, it may be advisable to wait for the conclusion of trial of main accused as finding in the same may have a bearing on the question whether 'an offence at all has been committed', but, in such case, we are of the opinion that proper course advisable would be to commit the case to the sessions court where the main offence is being tried and club ..... on the interpretation of statutes if there is any ambiguity in the words which set out the elements of an act or omission declared to be an offence, so that it is doubtful whether the act or omission in question in the case falls within the statutory words, the ambiguity will be resolved in favour of the person charged ..... scc 107 : (2003 cri lj 2514)), this question was examined in considerable detail and it was held that the principle that a statute enacting an offence or imposing a penalty is to be strictly construed is not of universal application which must necessarily be observed in every case. .....
Tag this Judgment!Court : Gujarat
..... maxwell on the interpretation of statutes if there is any ambiguity in the words which set out the elements of an act or omission declared to be an offence, so that it is doubtful whether the act or omission in question in the case falls within the statutory words, the ambiguity will be resolved in favour of the person charged. ..... is only a procedural section, violation of which is not made punishable under any penal statute, but, if a person who has knowledge or reasonable belief that a person is the offender can be treated as a person who is aware of the commission of the offence and even if he is not punishable for violating section 39 of the code of criminal procedure when he harbours or conceals such an offender, he must certainly be guilty for offence under section 212. ..... ipc defines 'harbour' as follows : "except in section 157, and in section 130 in the case in which the harbour is given by the wife or husband of the person harboured, the word 'harbour' includes the supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means or conveyance, or assisting a person by any means, whether of the same kind as those enumerated in this section or not, to evade apprehension. ..... 6 scc 107 : (2003 cri lj 2514)), this question was examined in considerable detail and it was held that the principle that a statute enacting an offence or imposing a penalty is to be strictly construed is not of universal application which must necessarily be observed in every case. .....
Tag this Judgment!Court : Gujarat
..... the competent authority may, while deciding the issue of suitability of probationer to be confirmed, ignore the act(s) of misconduct and terminate his service without casting any aspersion or stigma which may adversely affect his future prospects but, if the misconduct/misdemeanor constitutes the basis of the final decision taken by the competent authority to dispense with the service of the probationer albeit by a non stigmatic order, the court can lift the veil and declare that in the garb of termination simpliciter, the employer has punished the employee for an act ..... it is further observed by the learned judge that the services of the petitioner have not been terminated on account of any misconduct or any guilt proved against him but since it was found that there was no improvement in the performance of the petitioner, the university took decision to relieve him from service by impugned ..... the appellant submitted his reply, the respondents found that the appellant was not the person to be continued in university ..... the appellant was served with the impugned order dated 1.4.2013 whereby decision was taken not to continue him in service beyond the period of probation by recording that he is not found suitable for the university ..... it is stated that the appellant was not found suitable for the post for which he was appointed and if felt, that his services were not essential, then the university authority after immediate deliberation will take necessary decision whether to continue him .....
Tag this Judgment!Court : Gujarat
..... learned advocate for the petitioner submitted that the said action is taken only to frustrate petitioner's challenge against the impugned orders and that even if the said orders dated 24.9.2014 and 5.12.2014 are treated to be valid and petitioner's claim against the said orders are not accepted, then also, the order passed under section 59 of the act suspending the sarpanch/up-sarpanch from the post does not create any vacancy and that therefore, there was no occasion or justification for the respondents to issue ..... (c) pending admission and final disposal of the present petition, be pleased to stay the implementation, execution and operation of the impugned order dated 05.12.2014 passed by the respondent no.2 in appeal no.83/14, confirming the order passed by the respondent no.3 dated 24.09.2014, suspending the petitioner from the post of sarpanch of gram panchayat, mandal. ..... 14.1 when the legal position with regard to suspension of sarpanch is thus settled and clarified by the court, there was no reason or justification to issue the notification dated 27.4.2015 with such not haste more so when the petition challenging the orders dated 24.9.2014 and 5.12.2014 is pending before this court and the court is considering the petitioner's request / challenge against the said orders and request for interim relief against the said orders. 15. .....
Tag this Judgment!Court : Gujarat
..... down any inflexible rules to regulate that jurisdiction, one thing, however, appears clear and it is that when the high court is could upon to exercise this jurisdiction to quash a proceeding at the stage of the magistrate taking cognizance of an offence the high court is guided by the allegations, whether those allegations, set out in the complaint or the charge-sheet do not in law constitute or spell-out any offence and that resort to criminal proceedings would, in the circumstances, amount to an abuse of the process of the court or not. ..... therefore, while deciding a petition filed for quashing the fir or complaint or restraining the competent authority from investigating the allegations contained in the fir or complaint or for stalling the trial of the case, the high court should be extremely careful and circumspect. ..... (1982) 1 scc 561: 1982 scc (cri) 283, emphasising that the court will not normally interfere with an investigation and will permit the inquiry into the alleged offence, to be completed, this court highlighted the necessity of a proper investigation observing thus: an investigation is carried on for the purpose of gathering necessary materials for establishing and proving an offence which is disclosed . ..... differently put, the applicants want that the court should, at threshold, terminate the investigation in connection with the aforesaid complaint, by exercising powers under section 482 of the act. 6. ..... v.state of bihar 1964 (2) scr 336; kurukshetra university v. .....
Tag this Judgment!Court : Gujarat
..... further, the grievance of the complainant about the day bookis to be appreciated in the background of the fact that for the audit work, the form of the audit report printed form is supplied by the office of the registrar itself and in the present case, besides filling this printed form, the applicant has also appended numerous suggestions and deficiencies at the end of the printed form. ..... before that, two aspects may be borne in mind; one, there is no specific statutory provision in the act laying down the duties of the auditorand secondly, proceedings are at nascent stage and i have no benefit of evidence on record, therefore, embarking on detailed discussion on duties of auditor etc. ..... the court had made query about compliance to section 84(2) and precisely how verification of the cash and securities may be gathered from the report, in response to that, the learned advocate draws attention to column nos.11 and 12 in the printed form, and had submitted that comments offered therein by the petitioner may be read along with the suggestion and deficiency offered by the auditor at the end of the report. ..... there is nothing on record and not even the allegations in the complaint that the failure to make the entry in the day book as alleged corresponds with or it has culminated into none making of entry in the main ledger or such other accounting book. ..... recently, in mehjoo's case 2014 (4) all er 806, claimant was holding iranian domicile. .....
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