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Gujarat Court May 1963 Judgments

May 03 1963

Bai Hanifa Jusab Vs. Memon Dadu A. Gani, Sardharia

Court: Gujarat

Decided on: May-03-1963

Reported in: AIR1964Guj44; (1964)GLR198

Mody, J. 1. An important question regarding the revocabllity of licences arises in this second appeal tiled by the appellant-defendant against the respondent-plaintiff tram a judgment of the Assistant Judge, Rajkot District, at Gondal.2. The appellant is the divorced wife of the respondent. There was one issue of the marriage betweenthe respondent and appellant by name Mohammed Amin. In the year 1955 proceedings were started by the appellant for the maintanance of the minor MohammedAmin. On July 3, 1958, at an appellate stage in theseproceedings, an agreement was arrived at between meappellant and the respondent. Since a number of pointsarising in this second appeal revolve round this agreement,it is necessary to refer to the terms of this agreementin same detail. This agreement is in the Gujarati language.This agreement is in the form of a writing acaresseaby the respondent to the appellant and the recital mentionsthat the terms of the agreement arrived at between weappellant and the ...

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May 03 1963

Kanku D/O Dhulabhai Dahyabhai Vs. Khristi Shanabhai Fulabhai

Court: Gujarat

Decided on: May-03-1963

Reported in: (1968)9GLR511

N.M. Miabhoy, J.1. A decree has been passed by the learned District Judge, Kaira at Nadiad, in Divorce Suit No. 1 of 1961 on 1st September 1961, by which the learned Judge has declared the marriage between the petitioner Kanku and the respondent Shanabhai null and void, subject to the declaration being confirmed by this Court under Section 20 of the Divorce Act, 1869 (hereafter called 'the Act'). The learned District Judge by his letter, dated 1st March 1962, has sent the proceedings in the suit to this Court for confirmation. The petition, which was numbered in the District Court as Suit No. 1 of 19 1, was made by the petitioner under Section 18 of the Act. It is common ground that the petitioner and the respondent were married about 14 years ago under Hindu marriage rites. The petitioner first filed Suit No. 4 of 1960 in the Court of the learned Civil Judge (Senior Division), Nadiad, under the Hindu Marriage Act, 19SS, for dissolution of that marriage on the ground that the husband h...

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May 02 1963

Hanumantta Ramchandra Vs. the State of Gujarat

Court: Gujarat

Decided on: May-02-1963

Reported in: (1963)4GLR1031

V.B. Raju, J.1. The appellant was convicted under Section 66(b) of the Bombay Prohibition Acts. According to the prosecution eight bottles were found with the appellant and one bottle was sent to the Chemical Analyser and it was found to have contained liquor. The prosecution relied on the report of the Chemical Analyser but there is no evidence to prove that one of the bottles found with the accused was sent to the Chemical Analyser and that was the bottle which was examined by the Chemical Analyser. The complainant does say that one of the eight bottles was sent to the Chemical Analyser. In such matters a passive voice should not be used. We do not know who sent the bottle to the Chemical Analyser. The complainant has not deposed that he sent the bottle to the Chemical Analyser. The person who actually sent the bottle to the Chemical Analyser must be examined as a witness and he must produce the letter which he sent along with the bottle so as to understand the report of the Chemical...

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