Gujarat Court July 1961 Judgments
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Shantilal Khimchand and ors. Vs. Mulchand Dalichand and ors.
Court: Gujarat
Decided on: Jul-18-1961
Reported in: (1962)3GLR117
A.R. Bakshi, J.1. This is an appeal under Section 72(4) of the Bombay Public Trusts Act, against the order dated 22nd June 1957 passed by the learned District Judge, Broach in Miss. Application No. 14 of 1956 filed before him under Section 72 of the Bombay Public Trust Act, 1950, setting aside the order passed by the Charity Commissioner in Change Application No. 181 of 1953.2. A few facts relating to this matter may be stated. On 25th November 1953 a report of a change in the trustees was made to the Assistant Charity Commissioner under Section 22 of the Act. That application was contested by those respondents who claimed themselves to be the members of the Broach Jain Sangh having the right to appoint trustees. An enquiry under the provisions of Section 22 was started and was transferred to the Deputy Charity Commissioner who held the enquiry with the aid of assessors. On a consideration of the evidence, the Deputy Charity Commissioner held that the old trustees wanted to resign, but...
Mahmed Husen Kurban Husen Mithborwala Vs. the State
Court: Gujarat
Decided on: Jul-14-1961
Reported in: (1962)3GLR666
J.M. Shelat, J.1. Although in the petition the petitioner challenged the aforesaid warrant and the order of detention on various grounds Mr. Oza, for the petitioner, confined himself on four points upon which he stated he would challenge the aforesaid order of detention. The four points urged by Mr. Oza were as follows:(1) That Section 3(2) and Section 5 of the Revenue Recovery Act (No. 1 of 1890) were ultra vires as offending against Articles 19(1)(b) and (e) and Articles 20 and 21 of the Constitution as these two sections conferred absolute and uncontrolled power in the Revenue authorities in determining the arrears due and in issuing a certificate that the amount of Rs. 9000/- and odd was due and payable by the detenu; that Section 5 of the Act was ultra vires as no judicial or quasi-judicial Tribunal was set up to decide any dispute about the amount due as arrears by the detenu; that an unfettered discretion was given under Section 5 of the Act to the District Forest Officer to req...
State Vs. Pingal Ramde and ors.
Court: Gujarat
Decided on: Jul-13-1961
Reported in: (1962)3GLR90
J.M. Shelat, J.1. This is an appeal filed by the State of Gujarat challenging the order of acquittal passed by the learned Judicial Magistrate First Class Patan in Criminal Case No. 1010/1960. The respondent was running a hotel and used to sell and serve tea and coffee there from 1st October 1959 to 31st March 1960 without a licence though he was bound to take out a licence under rule 5 of the Rules framed by the Patan Municipality. The omission to take out the licence as required by rule 5 is made punishable under rule 18 of these Rules. The defence of the respondent was that these Rules were not in force and that therefore he was not liable to pay the licence fee nor was he liable to be prosecuted under rules 5 and 18 of these Rules. These rules were framed by the Patan Municipality in 1921 under the Baroda Municipal Act when Patan was part of the former Baroda State territories. On the 1st of August 1948 the State of Baroda merged with the State of Bombay and by virtue of the Bombay...
Lalbhai Popatlal Shah Vs. the Central Bank of India Ltd. and ors.
Court: Gujarat
Decided on: Jul-12-1961
Reported in: (1962)3GLR52
N.M. Miabhoy, J.1. This revision application is directed against the order dated 10-2-1960 passed by the learned 5th Joint Civil Judge (Senior Division) Ahmedabad on an application Ex. 246 in Jurisdiction Civil Suit No. 229 of 1951. The petitioner Lalbhai is one of the defendants in this and two other suits. All these three suits are filed by three banking companies and with the consent of the parties all the three suits are consolidated and evidence is being recorded in the Jurisdiction Suit No. 229 of 1951. According to the learned Civil Judge the suits were filed to recover the amounts advanced by the Banks on the hypothecation of goods by the insolvent (petitioner-defendant No. 4). The suits were instituted in 1951. Besides the petitioner there were certain other defendants in all the three suits but it is not necessary for the purposes of the present application to mention those defendants or the interests which they have in the suits. One of the defendants was Rasiklal Popatlal S...
Naginlal Nandlal Vs. State of Gujarat
Court: Gujarat
Decided on: Jul-06-1961
Reported in: 1962CriLJ142; (1961)GLR664
V.B. Raju, J.1. This is an appeal by one Naginlal Nandlal, who was convicted by the learned Sessions Judge, Surat, under Section 161, Indian Penal Code and under Section 5(2) of the Prevention of Corruption Act. The learned Judge acquitted accused No. 2.2. The prosecution case was that the complainant Ratilal Somabhai, used to deal in illicit liquor and used to give bribes generally to the members of the police force. It is also alleged that after some time the complainant stopped dealing in illicit liquor and that the two police constables, who were accused Nos. 1 and 2 at the trial, made a demand from him for the payment of Rs. 25/- as bribe. As the complainant had stopped his dealing in illicit liquor, he went and gave information to the P.S.I. Mansuri of the Anti-Corruption Department, who recorded his information on 31.1.60. On 1.2.60, P.S.I., Mansuri made a report to the Judicial Magistrate, First class Surat, and asked for permission to investigates fresh a permission was necess...
Mohanlal Dhanjibhai Mehta Vs. Chunilal B. Mehta and ors.
Court: Gujarat
Decided on: Jul-05-1961
Reported in: AIR1962Guj269; [1962]32CompCas970(Guj); (1962)0GLR165
ORDERP.N. Bhagwati, J.1. This is a petition for relief under Section 153C of the Indian Companies Act, 1913, or in the alternative for compulsory winding up of Morvi Vegetable Products Limited, the petition being presented by a shareholder and supported by a number of shareholders. The petition is opposed by other shareholders who acting together constitute a fairly large majority of the shareholders.2. The Company was registered at Morvi on 29th June 1944 under the provisions of the Indian Companies Act, 1913, as applied to the former State of Morvi. The authorized capital of the Company is Rs. 25,00,000/- divided into 12,500 ordinary shares of Rs. 100/- each, 10,000 deferred shares of Rs. 5/- each and 12,000 five per cent cumulative preference shares of Rs. 100/- each out of which are issued 10,020 ordinary shares of Rs. 100/- each, 10,000 deferred shares of Rs. 5/- each and 5,934 five per cent 'cumulative preference shares of Rs. 100 each, all of which are fully paid up or credited ...
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