Gujarat Court December 1962 Judgments
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Kantilal Keshewlal Shah Vs. Prabodhchandra Panachand of Ahmedabad and ...
Court: Gujarat
Decided on: Dec-20-1962
Reported in: 1964CriLJ87; (1964)GLR606
ORDERV.B. Raju, J.1. One Lohar Babu Jakku was committed to the Sessions Court on a charge under station 307. I. P. Code, but the learned Sessions Judge of Kutch at Bhuj framed a charge under Section 324. Indian Penal Code. To such a charge the accused pleaded guilty and there-upon he was convicted under Section 324, I. P. Code and sentenced to rigorous imprisonment for three months and to pay a fine of Rs. 50/- in default rigorous imprisonment for two months.2. under Section 207A, Criminal Procedure Code if a Magistrate is of the opinion that an accused person should be committed for trial, he shall frame a charge under his hand declaring with what offence the accused is charged. under Section 271 of the same Code, that charge has to be read out in Court and explained to the accused at the commencement of the proceedings in the Sessions Court, and the accused should be asked whether he pleads guilty to the charge or claims to be tried. The proceedings before the Sessions Court therefor...
Krishnarao Balwantrao Udar Vs. Patesingh Gemalsing Rana and ors.
Court: Gujarat
Decided on: Dec-20-1962
Reported in: (1964)5GLR536
B.J. Divan, J.1. This is a petition under Articles 226 and 227 of the Constitution for an appropriate writ direction or order praying that the order made by the 5th respondent herein be quashed and that the order made by the third respondent and confirmed by the 4th respondent in appeal be restored.2. The general elections for the election of municipal councillors of the Baroda Municipality were held in June 1962. The petitioner and respondents Nos. 1 and 2 were proposed to be the candidates at that election. Under the programme for elections the date for filing nominations was June 8 1962 and the date for scrutiny of the nomination papers was June 9 1962 The Returning Officer for the elections was the third respondent in these proceedings. The petitioner wanted to stand as a candidate for the said election from Ward No. 11 and two councillors were to be elected from Ward No. 11 for the two seats allotted to that ward. The nomination paper of the petitioner was duly filed and thereafte...
Jitendra Amulakhrai Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Dec-14-1962
Reported in: (1964)0GLR512
1. This revision is by the agent of the Central Bank of India who challenges his conviction under Ss. 52(f) and 52(b) (Bombay Shops and Establishments Act. 1948) for contravention of rule 18(10) of the rules framed under the Act, Ss. 63(1) and 18(2) of the Act, respectively. The conviction relates to the failure of the applicant to observe the rules in regard to a person, who is a police watchman by name Amirmiya. It appears that the Central Bank had requested the District Superintendent of Police of Ahmedabad to provide a watchman for the bank. The District Superintendent of Police sent some names of retired policemen to the Central Bank of India for selecting one of them. Those persons were interviewed by the bank authority and Amirmiya was selected for the post of watchman. The District Superintendent of Police was informed accordingly by the letter, Ex. 20. Thereupon the District Superintendent of Police issued an order dated 24 January 1959 appointing Amirmiya as Ramoshi in the Ce...
Kailash Engineering Co. Vs. the State of Gujarat
Court: Gujarat
Decided on: Dec-14-1962
Reported in: (1963)GLR726; [1964]15STC574(Guj)
Desai, C.J.1. This is a reference purported to have been made under section 61 of the Bombay Sales Tax Act, 1959. Our attention has been drawn to the fact that this reference should really have been under section 34(1) of the Bombay Sales Tax Act, 1953. Both parties agree that we should proceed to deal with this reference as if it was a reference under section 34(1) of the Bombay Sales Tax Act, 1953. 2. The applicants are an engineering concern having their workshop at Morvi on the meter gauge section of the Western Railway. The Western Railway administration invited tenders for construction of III class passenger coaches on certain conditions described as the conditions of tender. The applicant's tender was accepted by the Railway Administration and a contract in writing was entered into for the performance of the works of 'building, erecting and furnishing 99 non-vestibuled bogie III class timber coach bodies on broad gauge underframes', the underframes to be supplied by the Railway ...
State Vs. Bavabhai Nagjibhai and ors.
Court: Gujarat
Decided on: Dec-14-1962
Reported in: AIR1963Guj162; 1963CriLJ17; (1963)0GLR602
ORDERV.B. Raju, J.1. This is a Revision Application by the State-against an order of discharge, discharging the three opponents against whom a police report was sent under Section 302 of the Indian Penal Code. The order of discharge was confirmed in revision by the learned Sessions Judge. In revision before me it is contended by the learned Government Pleader that the order of discharge in so far as Opponents Nos. 2 and 3 are concerned is erroneous. The learned Government Pleader has not contended that the order of discharge of Opponent No. 1 is erroneous.2. The learned counsel for the opponents, however, contends that there are concurrent findings of fact of both the lower Courts, that the prosecution has failed to prove its case, that it is open to a Magistrate before committing the accused for trial to consider the case of self-defence suggested by the accused in their, examination and that the Courts below having held, that the case of self-defence is proved, this Court should not ...
Jitendra Amulakhrai Vs. the State of Gujarat and anr.
Court: Gujarat
Decided on: Dec-14-1962
Reported in: (1964)5GLR512
V.B. Raju, J.1. This revision is by the Agent of the Central Bank of India who challenges his conviction under Sections 52(f) and 52(b)(Bombay Shops and Establishments Act, 1948) for contravention of Rule 18(10) of the Rules framed under the Act Section 63(1) and Section 18(2) of the Act respectively. The conviction relates to the failure of the applicant to observe the Rules in regard to a person who is a Police Watchman by name Amirmiya. It appears that the Central Bank had requested the District Superintendent of Police of Ahmedabad to provide a watchman for the Bank. The District Superintendent of Police sent some names of retired policemen to the Central Bank of India for selecting one of them. Those persons were interviewed by the Bank authority and Amirmiya was selected for the post of watchman. The District Superintendent of Police was informed accordingly by the letter Exhibit 20. Thereupon the District Superintendent of Police issued an order dated 24th January 1959 appointin...
Mafatlal Kantilal and Co. Oil Mills Vs. the State of Gujarat
Court: Gujarat
Decided on: Dec-13-1962
Reported in: (1963)4GLR313
K.T. Desai, C.J.1. This is a reference under Section 34(1) of the Bombay Sales Tax Act, 1953, at the instance of Messrs. Mafatlal Kantilal & Co. Oil Mills, the applicants herein. The period with which we are concerned is the period commencing from 1st November 1952 and ending with JHst March 1953. The applicants sold oil during this period to exporters in the State of Bombay. The sales were completed and the goods were delivered to the exporters in the State of Bombay. The applicants claimed a deduction in respect of these sales from their turnover in the assessment proceedings. The claim was made under Clause (viii) of Sub-rule (1) of Rule 5A of the Bombay Sales Tax Rules, 1946. The claim was rejected by the Sales Tax Officer by the assessment order passed by him on 27th August 1956. His order was confirmed in appeal by the Assistant Collector of Sales Tax by his order dated 29th July 1956. A revision application to the Additional Collector of Sales Tax, Ahmedabad, was dismissed by an...
Patel Narharilal Kuberdas and ors. Vs. Partners of the Firm of Pari Bh ...
Court: Gujarat
Decided on: Dec-12-1962
Reported in: AIR1963Guj253; (1963)GLR939
V.B. Raju, J.1. This second appeal is filed by the original defendants 1 to 4. The respondents-original plaintiffs filed a suit and a decree was passed in their favour and the defendants were ordered to pay Rs. 6,000/- and odd to the plaintiffs. Certain instalments were also awarded. It was further decreed that the decree was to be executed only against the suit property and not any other property belonging to the deceased in the hands of the defendants.2. In the plaint it was mentioned that the suit property was the subject-matter of a charge as security for money.3. In appeal the learned appellate Judge thought that the suit was for the sale of the property charged and that, therefore, a preliminary decree should be passed. He, therefore, held that in a suit where a preliminary decree is to be passed for the sale of the property charged, no instalments can be granted. He, therefore, set aside the order relating to instalments. He also awarded interest from the date of the suit till t...
Gautam Sarabhai and ors. Vs. Commissioner of Income-tax, Gujarat
Court: Gujarat
Decided on: Dec-07-1962
Reported in: (1963)0GLR691; [1964]52ITR921(Guj)
K.T. Desai, C.J. 1. This is a reference under section 66(1) of the India Income-tax Act, 1922. The assessment year with which we are concerned is the year 1955-56, the accounting year being the calendar year 1954. The assessees were shareholders in a company incorporated in accordance with the law prevailing in East Africa called Kawampe Cotton Co. Ltd., Kampala. Having regard to the provisions contained in the Indian Income-tax Act, 1922, this company was regarded as a company for the purpose of the Indian Income-tax Act. This company went into voluntary liquidation on 22nd July, 1954. In the month of August 1954, the liquidator of the company made payments to the assessees who were the shareholders in that company. The amounts paid to the assessees were received by the assessees on 27th August, 1954. The following tabular statement shows the names of the assessees, the number of shares of the company held by them, the amounts received by them referable to the share capital, the amoun...
Commissioner of Expenditure Tax, Gujarat Vs. Smt. Manorama Sarabhai
Court: Gujarat
Decided on: Dec-07-1962
Reported in: AIR1963Guj166; (1963)0GLR193
Desai, C.J.1. This is a reference under Section 25 (1) of the Expenditure Tax Act, 1957, at the instance of the Commissioner of Expenditure Tax, Gujarat. The assesses in this case is Shrimati Manorama Sara-that. The assessment year with which we are concerned is the assessment year 1959-60, the accounting year being the year which ended on 31st March, 1959. The assessee is a B.Sc., in Social Sciences of the London University and a graduate of the Bombay University. She devotes part of her time to running educational institutions for children. She has been associated with the Shreyas School at Ahmedabad for about fourteen years and is one of the persons running the same. The school is run in the same way as other institutions with the help of paid employees, but in view of her financial position, the assessee renders service to the school in an honorary capacity. At the time when she left India in or about April 1958, she applied to the Reserve Bank of India for allotment of the necessa...
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