Gujarat Court September 1963 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Maganlal Rambhai Gandhi Vs. Ambica Mills Ltd., Ahmedabad
Court: Gujarat
Decided on: Sep-19-1963
Reported in: AIR1964Guj215; (1963)IILLJ522Guj
V.B. Raju, J.1. This is an appeal by the original defendant. The admitted facts, giving rise to this litigation, are that the defendant who is a graduate of the Engineering College entered into a contract with the respondent plaintiff, the Ambica Mills Ltd., agreeing to serve the plaintiff for a period of five years from 1st November 1960. The agreement also provided that the defendant was not to serve anywhere else during that period. From 15th February 1961, the defendant left the service of the plaintiff and started service in another firm, namely, Swastik Textile Trading Co., on a better salary. The respondent-plaintiff therefore filed a suit, and, inter alia, claimed an injunction to restrain the defendant from serving the Swastik Textile Trading Co., or any other Company or person or firm directly or indirectly till 1st January 1965. The injunction prayed for by the plaintiff has been granted by the trial Court, and in appeal some slight variation was made in the form of the inju...
Yusufbhai Ismailbhai and anr. Vs. Vakil Mohanlal and ors.
Court: Gujarat
Decided on: Sep-18-1963
Reported in: AIR1965Guj282
(1) It is contended in this appeal that although the High Court passed a decree in a suit on mortgage for the recovery of the principal amount of Rs. 60,000/- together within interest and further ordered that future interest after the date of the decree should be at the rate of 4% the executing Court cannot order future interest on the ground that to do so would be to violate the proceedings of section 23 of the Bombay Money Lenders Act which prohibits the award of interest executing the principal amount. It is also contended that under the provisions of section 23 of the Money Lenders Act, the executing Court cannot pass a decree for interest exceeding the principal amount oat the date of the decree.(2) It is not necessary to consider whether this contention has merit or not in view of the principle that it is not open to the executing Court to question the terms of the decree or in question the validity of any part of the decree. It is not open to the executing Court to say that a pa...
Patel Chunibhai Jivabhai Vs. the State of Gujarat and anr.
Court: Gujarat
Decided on: Sep-17-1963
Reported in: (1963)4GLR660
V.B. Raju, J.1. This revision is against an order awarding compensation at rate of Rs. 10-5-0 per Guntha for the property of the applicant which was requisitioned under the Bombay Land Requisition Act 1948 The first contention that the rate of compensation should be Rs. 16-12-0 per Guntha and not Rs. 10-5-0 is purely a question of fact and cannot be interfered with in revision.It is also contended that possession of the property was taken before the rate of compensation was fixed and that therefore interest should have been granted which has not been done.The Learned Counsel for the State contends that no application lies because the order was passed by the District Judge and he cites Municipality of Belgaum v. Rudrappa 18 Bom. L.R. 340. He also contends that in Section 8 of the Land Requisition Act 1948 only Sections 23 and 24 of the Land Acquisition Act 1094 have been referred to but not Section 34 which deals with interest. He therefore contends that interest is not payable under Se...
Commissioner of Income-tax, Gujarat Vs. Kantilal Nathuchand
Court: Gujarat
Decided on: Sep-16-1963
Reported in: [1964]53ITR420(Guj)
Bhagwati, J. 1. A short but interesting question of law arise on this reference. The question is whether loss incurred by a registered firm in speculative business is liable to be apportioned amongst the partners or is the registered firm entitled to carry it forward and to set it off against profit is speculative business during the subsequent years. The determination of the question depends primarily on the true interpretation to be put on the provisions of section 24 of the Income-tax Act, but certain other sections of the Act also require to be considered. In order to appreciate how the question arises, it is necessary to briefly recapitulate the facts as stated by the Tribunal in the statement of the case. The assessee is a firm consisting of three partners. The assessee was granted registration under section 26A for the assessment years 1958-59, 1959-60 and 1960-61, the corresponding previous years being Samvat years 2013, 2014 and 2015. The assessee during the accounting years, ...
Zaverchand Laxmichand and Co. Vs. Commissioner of Income-tax, Gujarat
Court: Gujarat
Decided on: Sep-12-1963
Reported in: [1965]55ITR486(Guj)
Shelat, C.J.1. This is a reference under section 66(1) of the Income-tax Act at the instance of the assessees. Two questions arise in this reference. The first is as to the proper interpretation of clause 3 of the managing agency agreement dated August 2, 1950, entered into between the assessees and the Baroda Spinning and Weaving Co. Ltd., Baroda, and the second is whether the assessees were right in claiming the sum of Rs. 2,32,234 as depreciation for deducting that amount from the profits of the managed company while calculating the commission due to the assessees under the said managing agency agreement. 2. The assessment year is 1950-51 of which the relative previous year is the calendar year 1950. The assessees, assessed in the status on an association of persons, were at the relevant time the managing agents of the Baroda Spinning and Weaving Co. Ltd., Baroda. The entity composed of the then members of the said association of persons was appointed as managing agents under an agr...
Petlad Turkey Red Dye Works Co. Ltd. Vs. Commissioner of Income-tax, B ...
Court: Gujarat
Decided on: Sep-10-1963
Reported in: (1964)GLR139; [1965]55ITR532(Guj)
Bhagwati, J. 1. This reference arises out of proceedings for the assessment to income-tax assessee for the assessment year 1941-42 and 1942-43. The assessee is limited liability company incorporated in the former State of Baroda, outside what was then British India. The assessee carried on business of purchasing yarn, dyeing it and selling the same at Petlad which was also at the material time situate in the former State of Baroda. The assessee was a non-resident company for the assessment years in question. During the calendar year 1940, which was the previous year for the assessment year 1941-42, the assessee effected sales of dyed yarn of the total value of Rs. 14,22,996. The dispute between the assessee and the revenue related to Rs. 9,56,304 in respect of goods sold by the assessee to British Indian buyers. In the calendar year 1941, which was the previous year for the assessment year 1942-43, the total sales of the assessee amounted to Rs. 19,22,107 and of that, the dispute betwe...
Chhotu Kalu and Ors. (imperial Tobacco Company of India Ltd., Employee ...
Court: Gujarat
Decided on: Sep-10-1963
Reported in: (1965)ILLJ150Guj
Divan, J.1. These three special civil application raise common questions. The three matters from which they arise were dealt with by the Judge of the labour court Ahmedabad, by one and the same judgment and we will and also dispose of all the three of them by this common judgment. The respective petitioner in each of these three special civil applications was working prior to 31 January 1951, as gardener at the residential quarters of the officers of the Imperial Tobacco Company of India, Ltd., which has been joined as respondent 2 in each of these three special civil applications. According to these petitioners they had been employed by the company as gardeners and were entrusted their duties of working and looking after the gardens in the company's premises abutting on the residential quarters of the officers of the company. Till 31 January, 1951, their names appeared on the company's musters but thereafter, i.e. with effect from 1 February 1951, their names were removed from the mus...
Asoka Mills Ltd. Vs. Industrial Court and ors.
Court: Gujarat
Decided on: Sep-10-1963
Reported in: (1964)GLR300
Bhagwati, J.1. This petition raises a short question relating to the interpretation of certain provisions of the Bombay Industrial Relations Act, 1946. The facts giving rise to the petition are few and for the most part undisputed and may be briefly stated as follows. The petitioner is the manager of a limited company called Asoka Mills, Ltd. The company owns a textile mill in Ahmedabad and carries on business of running the textile mill. Since the company is engaged in the textile industry, the relations between the company and its employees are governed by the Bombay Industrial Relations Act, 1946. Respondent 3 is a doffer employed in the ring spinning department of the textile mill belonging to the company. The duties and wages of doffers for the textile industry in Ahmedabad are governed by the Standardization award published in the Bombay Government Gazette, Part I-L, dated 7 August 1951, at p. 3904. It appears that the petitioner, as the manager of the company, was exacting from ...
The Manager, the Asoka Mills Ltd. Vs. the Industrial Court and ors.
Court: Gujarat
Decided on: Sep-10-1963
Reported in: AIR1964Guj198; (1964)0GLR300
Bhagwati, J. 1. This petition raises a short question relating to the interpretation of certain provisions of the Bombay Industrial Relations Act, 1946. The facts giving rise to the petition are few and for the most part undisputed and may be briefly stated as follows. The petitioner Is the Manager of a Limited Company called Asoka Mills Limited. The Company owns a textile mill in Ahmedabad and carries on business of running the textile mill. Since the Company is engaged in the textile industry, the relations between the Company and its employaes are governed by the Bombay Industrial Relations Act, 1946. Respondent No. 3 is a doffer employed in the Ring Spinning Department of the textile mill belonging to the Company. The duties and wages of doffers for the textile industry in Ahme'da-bad are governed by the Standardization Award published In the Bombay Government Gazelle, Part 1-L, dated 7th August 1954, at page 3904. It appears that the petitioner, as the Manager of the Company, was ...
Habatullah Haji Fazale HussaIn Vs. the State
Court: Gujarat
Decided on: Sep-10-1963
Reported in: AIR1964Guj128; 1964CriLJ24; (1964)0GLR273
Miabhoy, J.1. This is a petition under Article 226 of the Constitution of India by one Hebatullah Haji Fazlehussain of Rajpipla. It is directed against the order, dated 2nd of August, 1963, passed by Shri N.H. Shethna, Deputy Inspector-General of Police, C. I. D., Gujarat State, Ahmedabad, respondent No. 2 herein, under Section 3, Sub-section (2), Clause (c) of the Foreigners Act, 1946, directing petitioner not to remain in India after the date on which the order is served on him and calling upon him to leave India immediately thereafter. Respondent No. 1 is the State of Gujarat. Petitioner prays that a writ in the nature of mandamus or writ, direction or other order may be issued against the respondents quashing or setting aside the impugned order, dated the and of August, 1963, and that the second respondent may be restrained from deporting the petitioner from India.2. The facts may, at first, be shortly stated. Petitioner was born at Baroda. He was educated at Rajpipla High School a...
- ‹ Prev
- 1
- 3
- Next ›
- Last »