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Judgment Search Results Home > Cases Phrase: rationale Court: gujarat Year: 1999 Page 1 of about 18 results (0.024 seconds)

Dec 30 1999 (HC)

Kalpesh Gunwantlal Soni Vs. State of Gujarat and ors.

Court : Gujarat

Decided on : Dec-30-1999

Reported in : (2001)GLR381

..... strict rule of procedure as well as strict rule of providing of review, revision or delay may not be taken into consideration. if we go by the purpose, object and rationale of providing this concession or privilege to the prisoners, it is always open to the jail authorities to reconsider its earlier decision and if it is satisfied that decision needs ..... punishment upon the concerned prisoner on his late surrendering to the jail authorities have been given. the full bench has said,27. the rationale and principle behind rule 4 is clear. the furlough system has been introduced as a measure of penal reform and to harmonise the penal system. the objects as reported by ..... bench decision of this court in the case of bhikhabhai devshi v. state of gujarat & ors. (supra) again. in this case, the full bench of this court has given out rationale on principle behind rule 4 of the prisons (bombay furlough and parol rules, 1959 and further necessary guidelines as to how the matter has to be considered of imposing the .....

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Oct 27 1999 (HC)

Smt. Purnaben Prsanshanker Pandya Vs. Shri T.P. and Smt. M.T. Gandhi M ...

Court : Gujarat

Decided on : Oct-27-1999

Reported in : (2000)4GLR3028

..... teachers employed in the same school and the outsiders, preference is to be given to the senior teacher serving in the school, provided he is otherwise eligible and suitable. the rationale underlying this proviso appears to be that a senior teacher who has put in services in a school for which the appointment of principal is to be made, is to .....

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Apr 09 1999 (HC)

A.K. Patel, Pi Vs. State of Gujarat

Court : Gujarat

Decided on : Apr-09-1999

Reported in : (2000)1GLR199

..... , after considering various decisions of the supreme court, in a judgment rendered in the case of h.a. mehta v. state of gujarat, 1993(1)glh 899, has explained the rationale behind rule 161(1)(aa) of the b.c.s.r. it was observed as under:-'the power of premature retirement is constitutionally recognized power and it reflects one of .....

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Dec 15 1999 (HC)

State of Gujarat Vs. Rambhaben Josabhai by Lrs.

Court : Gujarat

Decided on : Dec-15-1999

Reported in : AIR1991Guj156; (1991)1GLR591

..... sale instance, should have fetched a higher rate, while the lands, which were situated, to the south should fetch a lower rate. the sale instances do not disclose any such rationale. the sale instance exh. 71 relating to sale of survey no. 1281 /1 which is nearest in distance from the acquired lands on the northern side, was sold at rs .....

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May 18 1999 (HC)

Nilaybhai Rajendrabhai Thakore and anr. Vs. Ahmedabad Municipal Corpor ...

Court : Gujarat

Decided on : May-18-1999

Reported in : AIR2000Guj4

r.k. abichandani, j. 1. rule. heard the learned counsel for both the sides.the petitioners have filed this public interest litigation, challenging rules 6 and 7 of the rules for admission to smt. n.h.l. municipal medical college, which are at annexure 'b' to this petition, in so far as they declare the definition of 'local students' for the purpose of admission to the college. rules 6 and 7 which are challenged in this petition, read as under :--'6. admission to the medical college will be restricted to the following categories of students only :-- (i) local students as defined in rule 7; (ii) candidates belonging to scheduled castes, scheduled tribes, nomadic tribes and denotified tribes from gujarat state, as specified in rule 8; (iii) local candidates belonging to socially and educationally backward classes as notified by the government of gujarat, as specified in rule 9; (iv) students allotted for admission on the basis of all india pre-medical entrance examination, as per rule 31; 7. local student means a student who has passed s. s. c./new s. s. c. examination and the qualifying examination from any of the high schools or colleges situated within the ahmedabad municipal corporation limits.' 2. the grievance of the petitioners is that as per the definition of the expression 'local students', only those who have passed their s. s. c./new s. s. c. examination and the qualifying examination from any of the schools and colleges within the corporation limits would become .....

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Sep 21 1999 (HC)

Ketan Harkishan Marvadi and anr. Vs. Saurashtra-kutch Stock Exchange L ...

Court : Gujarat

Decided on : Sep-21-1999

Reported in : (2000)1GLR507

order1. petitioner no. 2 m/s. marwadi shares & finance pvt. ltd. is a member of saurashtra-kutch stock exchange ltd. - respondent no. 1 herein. petitioner no. 1 is the managing director of petitioner no. 2 company. for the sake of convenience, petitioner no. 2 is hereinafter referred to as 'the petitioner'. 2. the respondent-stock exchange is holding elections for the offices of the members of the governing council of the respondent stock exchange. the petitioner filed his nomination form for the said elections. the form was rejected on the ground that the petitioner is not eligible to contest such elections as the petitioner has not completed three years membership with the respondent stock exchange, as required by rule 74(2) of the articles of association. the petitioner has, therefore, filed the present petition for a writ of mandamus or any other appropriate writ to direct the stock exchange to file the requisite form no. 23 with amended articles of association of the respondent company with deletion of article 74(2). in substance, the petitioner has challenged article 74(2) read with article 74(1) of the articles of association which read as under :- 'article 74 : non-eligibility of members of the council. 74 (1) in case of individual members : no member shall be eligible to be elected as a member of the council of management if - (i) xxx xxx xxx xxx (ii) he/she has been a member for less than three years standing on the last day for submission of proposals by candidates .....

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Feb 19 1999 (HC)

Legal Rep. and Heirs of Karsandas Gordhandas Parmar Vs. Bahadursingh M ...

Court : Gujarat

Decided on : Feb-19-1999

Reported in : (1999)2GLR496

d.c. srivastava, j.1. these two cases are proposed to be disposed of by a common judgment.2. in the civil application the prayer is that in view of subsequent events occurring during pendency of the eviction suit the decree for eviction passed by the trial court and confirmed by the lower appellate court be set aside.3. civil revision application has been filed by the revisionists who are the legal representatives of the deceased tenant under section 29(2) of the bombay rent act, 1947 (for short 'the rent act').4. brief facts giving rise to this revision are as under :the suit premises was let out on a monthly rent of rs.200/- per month besides rs.80/- p.m. towards municipal taxes. it was let out for a short period of six months and after expiry of the said period the defendant was required to vacate the premises. it was not vacated, hence the allegation was that the tenant committed breach of the terms of tenancy. there was another ground for eviction that the defendant tenant was in arrears of rent which he did not pay. another ground was that the tenant had caused damage to the doors, windows and decoration of the suit premises and made permanent changes in the suit premises. eviction was also sought on the ground of bonafide and reasonable requirement of the landlord and his family members. another ground was that the defendant had built a bungalow and thus acquired alternative accommodation suitable for his residence.5. the suit was contested denying all these .....

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Sep 23 1999 (HC)

State of Gujarat Vs. Brijkishiore Garg

Court : Gujarat

Decided on : Sep-23-1999

Reported in : (2000)1GLR884

j.m. panchal, j.1. this appeal, which is filed under clause 15 of the letters patent, is directed against judgment dated july 15, 1995 rendered by the learned single judge in special civil application no. 10653/95 by which eligibility of the daughter of the respondent for admission to the government medical colleges is determined and the appellants are directed to give her due position in the merit list without being prejudiced on account of rules 1 & 5.2 of the rules framed for admission to 1st m.b.b.s./ 1st b.d.s./1st b. physio course at the government medical colleges, on the basis of marks obtained by her at the central board of secondary examination in xiith standard coupled with her credit in mathematics as additional subject in 1995. 2. it may be stated that special civil application no. 10653/94 was initially instituted by the respondent as well as one dr. jagjit singh panjarath on september 1, 1994, but on september 17, 1994 dr. jagjit singh had filed a separate petition being special civil application no. 11058/94. at the time when the petitions were taken-up for hearing, a statement was made by the learned counsel for the original petitioner dr. jagjit singh that son of dr. jagjit singh had already got admission somewhere-else and the petition had become infructuous. therefore, special civil application no. 10653/94 was maintained by the respondent only. 3. the respondent is holding the office of senior executive in the set-up of national dairy development board at .....

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Dec 14 1999 (HC)

Thakkar Dharatiben Haribhai and ors. Vs. State of Gujarat and ors.

Court : Gujarat

Decided on : Dec-14-1999

Reported in : AIR2000Guj114; (2000)2GLR1272

ordera.m. kapadia, j.1. in these two petitions under article 226 of the constitution, petitioners who have applied for admission to the first year homeopathy course under the centralised admission system in the homeopathy colleges all over the state, have challenged;(a) the policy decision taken by the state government vide resolution dated 16-6-1999 with regard to the first year admission for the degree course in homeopathy medicines laying down the eligibility criteria for the aforementioned admission as being 50% marks in 12th standard (science stream). (b) the additional requirement of passing higher secondary examination (science stream) with mathematics as one of the subjects with condition of 50% marks in physics, chemistry and biology; (c) petitioner of spl.c.a. no. 6346/99 belongs to baxi panch and hence relaxation in the qualification must be granted to the petitioner; 2. before highlighting the nature of the controversy posed for determination in this few but relevant facts/narrations as per the averments made in the spl.c.a. no. 4734 of 1999 require consideration.2.1 the petitioners are the students . who have recently passed 12th standard examination (science stream) with percentage of marks varying from 44.66 % to 38.44%. they have applied for the admission to the first year degree course in homeopathy medicine in different colleges in the state. previously the admission criteria for homeopathy medicine was 35% marks in 12th standard with maths, physics .....

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Oct 12 1999 (HC)

B.M. Solanki and anr. Vs. State of Gujarat and ors.

Court : Gujarat

Decided on : Oct-12-1999

Reported in : (2000)2GLR1429

1. heard learned counsel for the parties. the petitioner challenges the validity of the joint director class i in the commissionerate of gujarat and rural industries recruitment rules 1997 framed by the governor of gujarat in exercise of powers conferred under proviso to art. 309 of the constitution of india and notified on 13th august 1997. he also challenges the rules framed for recruitment of project manager and deputy director class i, namely, project manager and deputy director under the commissionerate of gujarat & rural industries recruitment rules 1997 promulgated on the same date. 2. from the facts disclosed in the petition, it appears that until resolution dated 28th november 1972 was passed, the cottage industries and industrial co-operatives were administered generally under the department of co-operation. however, by the aforesaid resolution, a separate directorate of gujarat industries and industrial co-operation was created and the first director of the cottage industries was manned from co-operation department working in the cadre of joint registrar. until the framing of rules under challenge, the administrative post was filled by from the persons of co-operation department whether by deputation or promotion to the post though the same was not included in the cadre of the co-operation department. in other words, the post of joint director in directorate of cottage industries and industrial co-operatives was ex cadre post not included in the rules governing .....

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