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Judgments of Agarwal Associates

Judgments of Agarwal Associates


Special Civil Application

Citation: 2007 LawSuit(Guj) 65

By filing this petition, the petitioner has prayed for appropriate direction to quash and set aside the impugned order of suspension dated 11-7-1980 and to direct the respondents to take the petitioner back in service.
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Special Civil Application

Citation: 2007 LawSuit(Guj) 110

By filing this petition, the petitioner has prayed that appropriate writ, order or direction may be issued declaring the impugned action on the part of respondent No.2, in delaying fixation of salary of the petitioner and to deny him the consequential benefits.
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First Appeal

Citation: 2007 LawSuit(Guj) 551

Mr. Hemant Makwana, learned Assistant Government Pleader and Mr. N. Alvi,learned advocate, waive service of notice of admission on behalf of respondents No.1 and 2 respectively.
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Special Civil Application

Citation: 2007 LawSuit(Guj) 842

Heard the learned AGP Mr. Hemant Makwana on behalf of the petitioners. In this group of petitions under Article 227 of the Constitution of India, petitioner have challenged the common award passed by the Labour Court Surendranagar in reference no.
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Special Civil Application

Citation: 2007 LawSuit(Guj) 1350

The petitioner is before this Court being aggrieved by order dated 01.11.2006-Annexure-'G' to this petition, whereby the authority-Collector, Patan has asked the petitioners to pay premium on the market value of the land on the date of the order.
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Special Civil Application

Citation: 2007 LawSuit(Guj) 1370

Mr.P.J.Vyas, learned advocate for the petitioner invited attention of the Court to the facts of the case, which are as under:One Manorbhai Gopalbhai, father of the petitioner and also father of respondent Nos.3 and 5 to 7 was holding agricultural land bearing Block Nos.203 and 141. Respondent No.4, son of respondent No.3 - Gangaben (daughter of Manorbhai) was the tenant of Block No.141.
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Special Civil Application

Citation: 2007 LawSuit(Guj) 2296

Rule. Mr. Makwana, learned AGP waives service of Rule on behalf of respondent No. 1 and Mr. Munshaw, learned counsel waives service of Rule on behalf of respondent Nos. 2 and 3. With the consent of counsel appearing for the parties, the Rule is fixed forthwith.
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Special Civil Application

Citation: 2007 LawSuit(Guj) 2347

Rule. Mr. Hriday Buch, learned advocate and Mr. Hemant Makwana, learned AGP waives service of Rule on behalf of respondent No. 3 and 4 respectively. With the consent of the counsel appearing for the parties, the Rule is fixed forthwith.
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Special Civil Application

Citation: 2007 LawSuit(Guj) 2489

The petitioner, widow of one Shri Chaudhary Dahyabhai Lalubhai-a primary school teacher who died in harness on 11.09.90, has approached this Court under Article 226of the Constitution of India seeking directions from this Court to the respondents for: making payment of difference of pay on account of the petitioner's husband's entitlement to receive higher grade pay scale for the period from 01.06.87 to 11.09.90.
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Special Civil Application

Citation: 2007 LawSuit(Guj) 2575

The petitioner had to prefer this petition under Article 226 of the Constitution of India for seeking equal treatment which was accorded to similarly situated employees andwhich was not extended to him by the State. The petitioner during the pendency of this petition passed away and therefore the legal heirs were permitted to be brought on record as per the order made in Civil Application No. 1485/89 on 08.09.89.
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Special Civil Application

Citation: 2007 LawSuit(Guj) 2603

The petitioner under Article 226 of the Constitution of India has challenged the order dated 31/12/1990 dismissing the petitioner from services on the ground of defiance and disobeying the order of his superiors for performing internal securities at Bihar on 15/4/1989, on the ground that the impugned order is suffering from patent illegality and the same could not have been passed.
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Special Civil Application

Citation: 2007 LawSuit(Guj) 2612

Rule. Mr Hemant Makwana, learned AGP appearing for the respondent nos.1 & 2 and Mr Mukesh Rathod, learned advocate appearing for the respondent nos. 3 & 4 waive service of rule.
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Special Civil Application

Citation: 2007 LawSuit(Guj) 2645

The petitioner, a charitable trust registered under the Bombay Public Trust Act, 1949running a school, has under Article 227 of the Constitution of India challenged the judgement and order dated 21.03.89 passed by the Gujarat Secondary Education Tribunal in Application No. 372/87 quashing and setting aside the order of dismissal passed by the petitioner dismissing the respondent no.1 and directing reinstatement of respondent no.1 with full backwages while substituting the order of dismissal by an order of punishment of withholding two increments for two years for the misconduct of late submission of answer books and for being non punctual.
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Special Civil Application

Citation: 2007 LawSuit(Guj) 2780

Rule. Mr. Vasavada, learned counsel waive service of Rule on behalf of respondent No. 1 and Mr. Makwana, learned AGP waives service of Rule on behalf of respondent No. 2. By consent, Rule is fixed forthwith.
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Special Civil Application

Citation: 2007 LawSuit(Guj) 2781

Rule. Mr. Vasavada, learned counsel waive service of Rule on behalf of respondent No. 1 and Mr. Makwana, learned AGP waives service of Rule on behalf of respondent No. 2. By consent, Rule is fixed forthwith.
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Special Civil Application

Citation: 2007 LawSuit(Guj) 2840

The petitioners, Peon-cum-Driver working in the office of the District Collector, Ahmedabad have approached this Court under Article 226 of the Constitution of Indiaseeking writ of mandamus or any other appropriate writ, order or direction to the respondents to accord the equal treatment of upgrading their posts from Peon-cum-Driver to that of Driver as it is accorded in case of some of the similarly situated employees of Kheda District and Surat district.
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Special Civil Application

Citation: 2007 LawSuit(Guj) 2932

The petitioner has approached this Court under Article 226 of the Constitution of India for writ of Mandamus or any other appropriate direction to the respondents for according him the benefit of higher pay scale pursuant to Government Resolution dated 5.7.1991 as he is stagnated on this post till the date of his retirement without getting any promotion.
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Special Civil Application

Citation: 2007 LawSuit(Guj) 3000

Shri Joshi, learned counsel appearing for the petitioner submits that in fact the petitioner had preferred two petitions challenging the order of dismissal and order of punishment in the present petition for recovering a sum of Rs.25,000=00 from his salary.
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Special Civil Application

Citation: 2007 LawSuit(Guj) 3016

Shri J.J. Yajnik, learned counsel, submits on behalf of the petitioners that the seniority list impugned in this petition is prepared ignoring the established principle of law for preparing seniority list. The respondents have not only ignored the criterion for continuous officiation, but, have acted in such a manner and given deemed date to persons like the respondents on which they would not have even attained the age of being eligible for Government service.
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Special Civil Application

Citation: 2007 LawSuit(Guj) 3043

Shri Makwana, learned AGP under instructions of Shri A.L. Christian, Under Secretary, Food & Civil Supply Department states that the respondents are actively considering to move proposal for engaging the petitioner on contract basis as per the prevalent guidelines and instructions.
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Special Civil Application

Citation: 2007 LawSuit(Guj) 3092

The petitioner, under Article 226 of the Constitution of India, has challenged order dated 11.06.1993 reverting and relieving him to the post of Mamlatdar Class-II from the post of Deputy Collector, on the ground that the State, though found him fit to bepromoted to the post of Deputy Collector, acted for reverting him on account of the advice from the GPSC, which is capricious and, therefore, the same deserves to be quashed and set aside.
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Special Civil Application

Citation: 2007 LawSuit(Guj) 3196

The present petition is filed as a very well designed, dishonest attempt on the part of the petitioner to get out of the clutches of the law, which are applicable to the petitioner for its own deeds. The petitioner has prayed that : "32(A) This Hon'ble Court may be pleased to issue a writ of certiorari or any other appropriate writ, order or direction quashing and setting aside the impugned order at Annexures "N" and "P" hereto; and consequently, restoring the order at Annexure "M" hereto."
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Special Civil Application

Citation: 2007 LawSuit(Guj) 3203

The petitioner under Art. 226 of the Constitution of India has challenged the order dated 31121990 dismissing the petitioner from services on the ground of defiance and disobeying the order of his superiors for performing internal securities at Bihar on 1541989, on the ground that the impugned order is suffering from patent illegality and the same could not have been passed.
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Special Civil Application

Citation: 2007 LawSuit(Guj) 3208

The petitioner under Art. 226 of the Constitution of India has challenged inter alia the order of District Development of ficer passed on 2091984 suspending Resolution No. 40 dated 1771984 passed by the then Lunawada Nagar Panchayat (now Lunawada Borough) promoting and appointing the petitioner from the post of Accountant to the post of Secretary w.e.f. 1771984 on retirement of the then Secretary on his attaining the age of superannuation; on the ground that the Resolution No. 40 passed by Lunawada Nagar Panchayat was not in consonance with the instructions of the State contained in communication dated 1931983.
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Special Civil Application

Citation: 2007 LawSuit(Guj) 3310

The petitioner under Article 227 of the Constitution has mainly challenged the order of Gujarat Secondary Education Tribunal at Ahmedabad passed on 6.1.1997 on Application No. 251 of 1995, dismissing the said application of the petitioner and upholding the order of dismissal dated 2.6.1995 passed by the respondent School Management, on the ground that judgment and order of the Tribunal is erroneous, contrary to the facts on record and hence deserve to be quashed and set aside, the petitioner has also prayed for declaration, that the respondent No. 1a and 1b ceased to be the President and Secretary respectively of the Maharashtra Shikshan Mandal (herein after referred to as MSM for short),
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Special Civil Application

Citation: 2008 LawSuit(Guj) 260

The petitioner under Article 226 of the Constitution of India has challenged the denial of benefit of higher grade pay scale given to all other employees pursuant to the GR dated 16.8.1994 on the ground that despite there being a clear finding and direction of the Division Bench vide order dated 24.7.2001 made in LPA No 370 of 2000, the respondents have wrongfully and arbitrarily denied the benefits of higher pay scale of the petitioner.
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First Appeal

Citation: 2008 LawSuit(Guj) 1393

These appeals are directed against the judgment and award passed by the learned Civil Judge (S.D.), Bharuch in Land Reference Cases No. 2505/1997 to 2516/2997 dated 05.03.2005 whereby, the References were partly allowed.
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First Appeal

Citation: 2008 LawSuit(Guj) 1449

These appeals Are directed against the common judgment and award passed by the learned Assistant Judge, Sabarkantha at Himmatnagar in Land Acquisition Cases No. 93 of 1986 to 116 of 1986 dated 22.08.1990 whereby, the said References were partly allowed
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First Appeal

Citation: 2008 LawSuit(Guj) 1453

These appeals are directed against the judgment and award passed by the learned 4th Addl. Senior Civil Judge, Ahmedabad (Rural) at Navrangpura in Land Acquisition Cases No. 369/2003 to 372/2003 and 374/2003 to 386/2003 dated 09.05.2006 whereby, the Reference Court awarded additional compensation @ Rs.67.20 per sq. metre as against the claim of Rs.100/- per sq. metre by the claimants.
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First Appeal

Citation: 2008 LawSuit(Guj) 1552

These appeals are directed against the judgment and award dated 05.08.2006 passed by the learned 4th Addl. Senior Civil Judge, Ahmedabad (Rural), Navrangpura in Land Reference Cases No. 156/2003 to 171/2003 whereby, the original claimants have been awarded additional compensation @ Rs.38.70 per sq. metre for their acquired lands over and above the compensation offered to them by the Special LandAcquisition Officer @ Rs.2.20 per sq. metre.
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Special Civil Application

Citation: 2014 LawSuit(Guj) 2185

Heard Mr. Deepak G. Aloria, learned advocate for the petitioner-Corporation and Mr. Hemant Makwana for Mr. Prakash V. Chavda, learned advocate for the contesting respondent - Workman. Rule. Mr. Makwana, learned advocate waives service of notice of rule onbehalf of respondent No. 1.
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Letters Patent Appeal

Citation: 2017 LawSuit(Guj) 1955

Feeling aggrieved and dissatisfied with the impugned judgment and order dated 22.04.2016 passed by the learned Single Judge in Special Civil Application No.20248/2005 by which the learned Single Judge has dismissed the said petition in which the original petitioner challenged the order of punishment confirmed by the appellate Authority as well as the Revisional Authority and also challenged the order rejecting the application for compassionate allowance, the original petitoner employee has preferred the present Letters Patent Appeal under Clause 15 of the Letters Patent.
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Special Criminal Application

Citation: 2017 LawSuit(Guj) 2081

Rule. Learned Advocates Mr.B.D.Karia and Mr.Dipen Desai waives service of Rule on behalf of the respondent-complainant and learned APP Mr.H.K.Patel waives service of Rule on behalf of the respondent-State.
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Criminal Appeal

Citation: 2019 LawSuit(Guj) 203

Rule. Learned Advocates Mr.B.D.Karia and Mr.Dipen Desai waives service of Rule on behalf of the respondent-complainant and learned APP Mr.H.K.Patel waives service of Rule on behalf of the respondent-State.
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