Court : Gujarat
Reported in : (1995)2GLR1100
K.J. Vaidya, J.1. 'Whether the learned Magistrate trying the criminal cases under Section 125 of the Gujarat Municipalities Act, 1963, involving evasion of large scale public revenue [by way of not paying the octroi duty] by the persons importing goods/vehicles within the Municipal limits, can ever be permitted to short-circuit the cirminal trial, illegally racing to register premature acquittal by enmass disposal of cases on the alleged stock ground of 'complainant being absent when the cases were called out'? This in short, is the question of quite great importance which though suitably discussed and dealt with earlier by this Court in some of its reported judgments, and yet at the same time, since the same has failed to impress upon the subordinate Courts to the desired extent, it is once again felt imperative to deal with the same at further length, in the overall interest of public justice!2. In this group of acquittal appeals numbering as many as 219, involving more or less ident...
Tag this Judgment!Court : Gujarat
Reported in : (1992)2GLR871; (1995)IIILLJ540Guj
Panchal, J.1. In both these petitions filed under Article 226 of the Constitution of India, the petitioners, who manufacture Millboard by sundry process, have prayed for issuance of an appropriate writ, direction or order for quashing and setting aside the Notification dated 2nd July, 1979 (Annexure 'D' to the petition) issued by the Government of Gujarat in its Labour, Social Welfare and Tribal Development Department, in exercise of powers conferred on it by Clause (b) of Sub-section (1) of Section 3 read with Sub-section (2) of Section 5 and Clause (i) of Sub-section (1) of Section 4 of the Minimum Wages Act, 1948, fixing minimum rates of wages in respect of employees employed in the scheduled employment known 'as Employment in any Pulp and Paper or Board Manufactory' with effect from 15th July, 1979.2. As both these petitions involve common question of facts and law, with the consent of the learned Advocates, these petitions have been heard together and are being disposed of by this...
Tag this Judgment!Court : Gujarat
Reported in : AIR1993Guj61
ORDERS PASSED IN THIS GROUP OF PETITIONS:11. Now we would refer to various interim orders passed by this Court. When the matter was first placed before this Court for admission hearing on 15th March, 1990 the learned single Judge had issued notice returnable on 22nd March, 1990. The respondent-Board was directed to disclose the names and addresses of the persons in whose favour decision to allot plots at Alang Ship-breaking Yard was taken. On 27th March, 1990 the matter was placed for admission before A. P. Ravani, J. and the Court had passed the following order:'Rule. Having regard to the facts and circumstances of the case the matter is required to be referred to D.B. Hence referred to D.B. ad interim relief granted earlier to continue till 31-3-1990. The petitioner is directed to complete the office formalities latest by 28-3-1990 and thereafter move the appropriate Division Bench for further orders. It is further stated that if ship of respondent-Laxmi Steel Rolling Mills Unit-2 is...
Tag this Judgment!Court : Gujarat
Reported in : 1993CriLJ3473; (1993)1GLR905
ORDERK.J. Vaidya, J.1. In this group of three Misc. Criminal Applications pertaining to bail under the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act), following four are indeed the questions of quite great legal importance, having sweeping effect upon the ultimate fate of the prosecution as well as that of the accused pending trial, which have surfaced during the course of arguments calling for determination of the same by this Court. They are :-(1) Whether for any alleged lapse or default committed by the Investigating Agency in not submitting Chargesheet within the prescribed time-limit of 90 days as warranted under Section 167(2)(a) of the Criminal Procedure Code, 1973, particularly in matter of the offences punishable under the NDPS Act, the accused are straightway entitled to be released on such default bail, altogether overlooking and ignoring the limitations imposed by the Legislature on Courts on exercise of such powers under Section 37 (amended) of ...
Tag this Judgment!Court : Gujarat
Reported in : 1995CriLJ918
ORDERN.J. Pandya, J. 1. These three applications are ' filed challenging the action of the learned Special Judge, Rajkot when he entertained a private com-plaint and passed an order under Section 156(3) of Cr. P. C. by which he directed an officer not below the rank of the D.I.G. of C.B.I., I. B. Branch, New Delhi to investigate the case and submit his report and chargesheet within one month from the date of the order i.e. 12-4-1993. With the consent of the law this they are disposed of by this common judgment.2. The complaint came to be presented on 24-3-93 which happened to be a public holiday on account of Cheti Chand. Next day i.e. 25-3-93 was also a public holiday on account of Ramzan-Id. As the learned District Judge was not available, the matter came to be dealt with by the in charge District Judge and on that day, below the complaint, he passed the following order:Presented by the complainant and his advocate Shri Pandya. Received at 10.50 a.m. on a public holiday. So it is kep...
Tag this Judgment!Court : Gujarat
Reported in : (1993)2GLR1539; (1994)ILLJ568Guj
K.J. Vaidya, J.1. The three important questions which have surfaced for consideration in group of the present three petitions are '.Firstly, 'Whether in a case wherein the candidate stand to satisfy the requisite criteria as regards the age limit for appointment to any post on the date of publication of advertisement in the newspaper, and thereafter also, at the time of publication of the select list' of such candidate for appointment, can he ever be denied the appointment only on the ground that subsequently on the actual date of his appointment, he has crossed the upper-age limit so prescribed and that too for no fault of his own? Secondly, 'Whether any candidate duly enlisted on the Select List if he is dropped from being considered for appointment on the ground of having crossed the upper age limit at the relevant time of his appointment, then whether he has any right to be informed about the same, by way of corresponding obligation on the appointing authority of its own to immedia...
Tag this Judgment!Court : Gujarat
Reported in : (1996)2GLR272
1. This appeal by the State of Gujarat, is directed against the impugned judgment and order, dated February 5, 1992 rendered in Criminal Case No. 2964 of 1984 by the learned J.M.F.C., Jamnagar, wherein the respondent Prafulchandra Somchand Shah, who came to be tried for the alleged offence punishable under Section 21(1)(iv)(b) read with Section 92 of the Factories Act, 1948, was at the end of the trial ordered to be acquitted. 2. According to Mr. K. N. Gandhi, the Factory Inspector, Jamnagar, on April 3, 1984 at about 5.35 PM., he received a telephonic message from 'Oshwal Velve Manufacturing Company', situated at B/14, M. P. Shah Udyognagar, Jamnagar, to the effect that Bai Hamida Siddiqbhai, aged 18, a woman worker in the said factory, had met with an accident wherein her left hand, just below the elbow portion was cut off as it came in between the pulley and belt of the machine where she was working. On the basis of this information, the Factory Inspector visited the said factory an...
Tag this Judgment!Court : Gujarat
Reported in : (1994)1GLR35
M.S. Parikh, J.1. This Letters Patent Appeal illustrates how justice is truth in action.2. 35 daily wage labourers described herein and known as ticca mazdoors filed under Article 226 of the Constitution, petition being Special Civil Application No. 4669 of 1987 against the Reserve Bank of India, appellant herein. The facts concerning these ticca mazdoors may be recapitulated and briefly stated:3. The Reserve Bank of India has a specific cadre of Mazdoors in the Cash/Issue Departments to assist the coin-note examiners, the ratio being 4 coin-note examiners to 1 mazdoor. Minimum and maximum qualifications required of the mazdoors are Standard IV to IX. The other cadres are those of peons and darwans. Minimum and maximum required qualifications of peons are Standard VII to Matriculation. Darwans have a special responsibility in that they are entrusted with the work of guarding the Bank's property and with other duties. Therefore, recruitment to the cadre of Darwans is made exclusively fr...
Tag this Judgment!Court : Gujarat
Reported in : (1997)3GLR2171; (1998)IIILLJ219Guj
K.J. Vaidya, J.1. What indeed is the right, nay more than that the privilege of the workmen, regarding 'speedy justice' under the Workmen's Compensation Act, 1923 and/or under any other Labour Laws and for that purpose even further indeed what are the corresponding duties, firstly, enjoined upon the Workmen Commissioner and/or any other Labour Courts and for that purpose, in case if there is any insufficiency of number of Judges and Courts then in that case, that of, secondly, the duty of the Government also in this regard, under Article 21 of the Constitution of India to provide as many number of adequate Courts and Judges for speeding-up the proceedings before the Courts. This precisely is the principal thrust and theme of the discussion and ultimate finding to the questions raised here centering around this Civil Revision Application.2. To state few relevant facts briefly, applicant Naniben, a poor illiterate lady, aged 55 years, filed the compensation application, the same being W....
Tag this Judgment!Court : Gujarat
Reported in : (1995)1GLR651
A.P. Ravani, J.1. The petitioner is a Union of workmen working in respondent No. 2 establishment, i.e., Gujarat Narmada Valley Fertilizers Company Limited ('GNFC for short). The petitioner challenges the legality and validity of the decision of the State Government of Gujarat not to abolish contract labour system in respect of security staff of GNFC. The petitioner also prays that direction be issued to the State Government for exercising its power under Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970, ('the Act' for short) and abolish the contract labour system in respect of security staff of GNFC. It is also prayed that the Government should direct the Company to absorb the members of the security staff as permanent workmen on abolition of contract labour system. Other incidental prayers for restraining GNFC and the labour contractor from terminating the services of the workmen have been made. It is also prayed that the Company be directed to make equal payment...
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