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Judgment Search Results Home > Cases Phrase: rationale Sorted by: recent 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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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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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 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 spl.c.as 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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Nov 05 1999 (HC)

Municipal Corporation of City Vs. Union of India (Uoi)

Court : Gujarat

Decided on : Nov-05-1999

Reported in : (2000)2GLR269

1. the municipal corporation of the city of ahmedabad has in this group of petitions sought a declaration that the requirements denoted by the word 'successfully' and by the words 'and so long as it functions successfully' in rule 6 of the water (prevention and control of pollution) cess rules, 1976 are inconsistent with the provisions of section 7 of the water (prevention and control of pollution) cess act, 1977 and therefore inoperative and void. the petitioner corporation has challenged the order dated 31st december, 1985 passed by the appellate authority and the revised assessment order dated 9th january, 1985 which was consequentially made.2. according to the petitioner, the polluting parameters as mentioned in the conditions imposed under the consent granted to the petitioner under section 25 of the water (prevention and control of pollution) act, 1974 and the maximum permissible limits of ranges allowed as per the consent condition were as under:(1) b.o.d. 20 mg./l.(2) suspended solids 30 mg./l.the legislature with a view to provide adequate funds to the state boards for their effective functioning, enacted the water (prevention and control of pollution) cess act, 1977. under the charging section 3 of the cess act, it was provided that there shall be levied and collected a cess for the purposes of water (prevention and control of pollution) act, 1974 and utilization thereunder. the levy and collection of cess was made applicable not only to persons carrying on any .....

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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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Oct 11 1999 (HC)

Lasiben Amtaji Vs. Oil and Natural Gas Commission

Court : Gujarat

Decided on : Oct-11-1999

Reported in : (2000)4GLR596

h.k. rathod, j.1. learned advocate shri a.k.clerk is appearing for the petitioner-workman. learned advocate shri r.h.mehta is appearing for the respondent-oil and natural gas commission ('the commission' for short). the facts of the present case, in short, are that the petitioner joined the services of the respondent corporation on 1.6.1969 as a contingent employee and on completion of the 11 years' period of service, the petitioner's services were regularized on the post of khalasi with effect from 6.8.1980. according to the case of the petitioner, in the seniority list of contingent/work charged unskilled employees having completed 240 days of service, the name of the petitioner appears at sr.no. 240; that there are other persons working in similar posts in the respondent commission as the petitioner namely sarasvashri chhotaji varsanji, popatji madhurji and mangaji ataji who are junior to the petitioner and who are at sr.no. 241 to 243 in the said seniority list are said to have joined the service as contingent employees on 1.6.69 whereas they were regularized on 3.12.1977, 3.1.1975 and 3.1.1975 respectively. according to the petitioner, though the petitioner was senior to the said three persons on the basis of engagement as contingent employee and is shown to be senior in the seniority list, the action of the respondent authorities in regularizing her only on 6.8.1980 is clearly arbitrary, capricious, discriminatory, in breach of the ongc terms of conditions of .....

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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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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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