Gujarat Court April 1965 Judgments
Majoor Sahkari Bank Ltd. Vs. Jasmat Gopal and anr.
Court: Gujarat
Decided on: Apr-23-1965
Reported in: (1965)GLR539; (1965)IILLJ243Guj
Shelat, C.J. 1. This special civil application raise a short question regarding the construction of S. 24A of the Bombay Co-operative Societies Act, 1925, and S. 7(2)(j) of the Payment of Wages Act, IV of 1936. 2. The question arises in the following manner : Petitioner 1 society is a co-operative society registered under the Bombay Co-operative Societies Act, 1925, and its business is inter alia to grant loans to its members who are workers in the textile mills in Ahmedabad. Under the bylaws of the society, only the permanent employees of the textile mills in Ahmedabad and who are also members of the Textile Labour Association, Ahmedabad, can become members of the society. In accordance with these bylaws, respondent 1 was a member of petitioner 1 society. One Natwarlal Mohanlal, another member of the society, applied in February 1957 for a loan from the society. Under the said bylaws, the society would advance such a loan on the personal security of a member if two other members were ...
Tag this Judgment!Aljibhai Narsinhbhai Solanki Vs. Chhaganbhai K. Patel and ors.
Court: Gujarat
Decided on: Apr-21-1965
Reported in: (1965)6GLR947
P.N. Bhagwati, J.1. There are several points raised in this petition but it: possible to dispose of the petition on a short ground and we will, therefore, state only so much of the facts as are necessary in order to appreciate that ground. The petitioner was at all material times the Honorary Secretary and the fourth respondent was the Chairman of the Sidhapur Taluka Vankar Audyogik Society Ltd., a Society registered under the Bombay Co-operative Societies Act, 1925. It appears that the cash of the Society used to remain with the fourth respondent and out of that cash a sum of Rs. 4.000/- was retained by the fourth respondent and wsi not returned by him to the Society. An inquiry into the constitution, working and financial condition of the Society was ordered by the Assistant Registrar of Co-operative Societies on 28th July 1953 and the Inquiry Officer also reported that the fourth respondent was guilty of illegal retention of Rs. 4 0 and that this amount should be recovered from him ...
Tag this Judgment!Kantilal Popatlal Shah and ors. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Apr-20-1965
Reported in: AIR1966Guj268; (1966)GLR96
Bhagwati, J. 1. These petitions under Article 226 of the Constitution raise an interesting question of law relating to the validity of Urban immovable Property tax sought to be collected by the Municipal Corporation of Ahmedabad on behalf of the State of Gujarat from the owners of various plots of open land situate within the City of Ahmedabad. The facts involved in these petitions are identical and so is the question of Jaw arising in them and if would, therefore, be convenient to dispose them of by a common judgment. 2. Prior to 1st July 1950 the Ahmedabad Municipality (hereinafter referred to as the Municipality) was a Borough Municipality governed by the Bombay Municipal Boroughs Act, 1925, (hereinafter referred to as the Boroughs Act) There were in force during the period upto 31-3-1947 the Valuation and Taxation Rules made by the Municipality under Section 58(1) & sanctioned by the Government by their Resolution dated 14th February 1931 under Section 76 prescribing various taxes ...
Tag this Judgment!Tempton Jahangir Frazer Vs. Ranchhoddas Khimji Asher and State of Guja ...
Court: Gujarat
Decided on: Apr-19-1965
Reported in: AIR1966Guj166; 1966CriLJ749; (1966)GLR25
1. This matter arises out of an application by the petitioner to this Court praying for a leave to file an appeal under Section 417(3) of the Code of Criminal Procedure against an order of acquittal passed by Unjudicial Magistrate, First Class at Broach acquitting opponent No. 1, original accused of an offence under Section 400. I. P. C. in Criminal Case No. 1100 of 1959. That application for leave was dismissed by this Court on July 17, 1963 whereupon the petitioner prayed for a certificate for leave to appeal to the Supreme Court of India under Article 134(1)(c) of the Constitution of India. There was a division of opinion between the two learned Judges constituting the Bench which heard the application under Article 134(1)(c) and hence the matter has been placed for disposal under Clause 36 of the Letters Patent.2. The petitioner in this application is the original complainant who had filed a complaint against opponent No. 1 in the Court of the Judicial Magistrate, First Class at Br...
Tag this Judgment!Mohanlal Maganla Thakkar Vs. State of Gujarat
Court: Gujarat
Decided on: Apr-19-1965
Reported in: AIR1967Guj42; 1967CriLJ194
ORDER(1) This matter has arisen on the following facts which may briefly be stated. The petitioner in this Criminal Application is the original accused who is an advocate practising at Baroda. He appeared as an advocate for some of the accused who had applied for bail and who were ordered to be released on bail by the learned Judicial Magistrate, First Class, 3rd Court, Baroda. A person purporting to be Udesing Abhesing stood surety for two accused persons who were ordered to be released on bail and the petitioner advocate identified the surety at the time when that person made an affidavit and executed a bail-bond in connection with the bail. The surety was accepted by the Court and the two accused were released on bail. Subsequently one of the two accused who were released on bail did not remain present in the Court and thereupon a notice was issued to the surety Udesing Abhesing who, when he appeared, in response to the notice before the learned Magistrate, raised a contention that ...
Tag this Judgment!Mohanlal Maganlal Thakkar Vs. State of Gujarat
Court: Gujarat
Decided on: Apr-19-1965
Reported in: (1966)7GLR331
Raju, J.1. In Criminal Revision Application No. 378 of 1964, I passed the following order:This is a matter in which this Court should never interfere in revision. The revision application is, therefore, dismissed.I, therefore, declined to exercise the revisional jurisdiction. By declining to exercise the revisional jurisdiction, I did not pass any order. In fact, I passed no orders affecting the conviction or acquittal. In, fact, no final orders had been passed by the trial Court. The trial of the petitioner has yet to go on. In view of the nature of the complaint, I felt that this is a matter, which must be tried, including the question of intention which is a question of fact. It is true that I added a sentence to the effect that 'the revision application is, therefore, dismissed'. Strictly speaking, this sentence need not and should not have been written. By refusing to exercise revisional jurisdiction, the Court does not dismiss a revision application as such. There is no provision...
Tag this Judgment!Lalbhai Dalpatbhai and Co. Vs. Chittaranjan Chandulal Pandya
Court: Gujarat
Decided on: Apr-14-1965
Reported in: [1965(11)FLR299]
Bhagwati, J.1. This appeal raises an important question as to how far a negative stipulation in a contract of personal service can be enforced by the Court by grant of injunction. The fact giving rise to the appeal are few and may be briefly stated as follows. The plaintiffs are a partnership firm having their registered office in Ahmedabad and they carry on diverse textile mills situate in Ahmedabad. One of those textile mills is Ashok Mills, Ltd., Ahmedabad. The defendant is a Bachelor of Engineering of the Gujarat University and it is common ground that he was at the date of his appointment by the plaintiffs a fresh graduate from the university. By a letter of appointment dated 16 May, 1962 the plaintiffs appointed the defendant as an assistant engineer on probation for a period of three months in Ashok Mills, Ltd., Ahmedabad. On the expiration of the period of three months specified in the letter of appointment, the probation was extended for a further period of three months and on...
Tag this Judgment!Vinod Chandra Hiralala Gandhi Vs. Vivknanad Mills Ltd.
Court: Gujarat
Decided on: Apr-14-1965
Reported in: AIR1967Guj255; [1965(11)FLR260]
Bhagwati, J.(1) A very short question arises in this appeal, namely how far a negative stipulation can be implied in a contract of personal service. The plaintiffs own a textile mill and carry on business of manufacturing cotton textiles in the textile mill. Defendant No.1 is a qualified technician an holds a Diploma in Electrical and Mechanical Engineering. By a letter of appointment dated 11th May 1962 the plaintiff s appointed defendant No.1 as Electrical and Mechanical Supervisor in their textiles mill on the terms and conditions contained in the letter of appointment . The main terms and conditions of the appointment were as follows:-(1) Defendant No. 1 shall join his duties from 14th May 1962 and shall be bound to serve the plaintiff s for a period of five years from the date; and (2) Defendant No.1 shall look after Electrical and Mechanical Departments in the textile mill in general and his sincerity and devotion will be the main considerations with the plaintiffs.The appointmen...
Tag this Judgment!Vinodchandra Hiralal Gandhi Vs. Vivekanand Mills Ltd.
Court: Gujarat
Decided on: Apr-14-1965
Reported in: (1965)6GLR889
P.N. Bhagwati, J.1. A very short question arises in this appeal namely how far a negative stipulation can be implied in a contract of personal service. The plaintiffs own a textile mill and carry on business of manufacturing cotton textiles in the textile mill. Defendant No. 1 is a qualified technician and holds a Diploma in Electrical and Mechanical Engineering By a letter of appointment dated 14th May 1962 the plaintiffs appointed defendant No. 1 as an Electrical and Mechanical Supervisor in their textile mill on the terms and conditions contained in the letter of appointment The main terms and conditions of the appointment were as follows:(1) Defendant No. 1 shall join his duties from 14th May 1962 and shall be bound to serve the plaintiffs for a period of five years from that date; and(2) Defendant No. 1 shall look after Electrical and Mechanical Departments in the textile mill in general and his sincerity and devotion will be the main considerations with the plaintiffs.The appoint...
Tag this Judgment!Girdharlal Amratlal Shodhan and ors. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Apr-02-1965
Reported in: (1965)6GLR569
J.M. Shelat, C.J.1. This petition raises an interesting question as to the effect of the cancellation of a notification issued under Section 6 of the Land Acquisition Act I of 1894 in relation to a notification issued under Section 4 and of the issuance of another notification thereafter under Section 6 without issuing a fresh notification under Section 4 and without holding a fresh enquiry under Section 5A. The question arises from the following facts:2. Petitioner No. 1 is the father of petitioners 2 to 6 and is the trustee of a private trust called Bai Parvati Trust. The trust was created by the first petitioner in 1934 in memory of and to fulfill the last wishes of his wife Parvatibai who died some time prior to 1934 for a provision of five bungalows in Ahmedabad for the aforesaid five daughters. Petitioner No. 1 and his brother Ranchhodlal Amratlal Shodhan were the owners of land now comprised in Final Plot No. 460 of the Town Planning Scheme No. 3 known as the Ellisbridge Town Pl...
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