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Gujarat Court June 1965 Judgments

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Jun 15 1965

Ramanlal Chimanlal and anr. Vs. the State of Gujarat and anr.

Court: Gujarat

Decided on: Jun-15-1965

Reported in: (1966)7GLR552

P.N. Bhagwati, J.1. These petitions challenge the vires of Section 92 of the Factories Act, 1948 in so far as it provides for imposition of a sentence of imprisonment for the offences set out in that section. Though the question of law raised in the two petitions is identical, the facts giving rise to the two petitions are different and it is, therefore, necessary to set them out briefly before we proceed to discuss the question of law.2. The facts in Special Civil Application No. 686 of 1962 are as follows. The first petitioner is a partner in a firm called M/s. Zaverchand Laxmichand Brothers & Co. which carries on business as Managing Agents of Shri Yamuna Mills Ltd. Shri Yamuna Mills Ltd. carries on business inter alia of manufacturing and selling cotton textile goods and for the purpose of manufacturing cotton textile goods it has a factory in Baroda. The factory is governed by the provisions of the Factories Act, 1948 and in accordance with the provisions of Section 2(n) of the Ac...


Jun 15 1965

Abdul Aziz Umarbhai Karkoon and anr. Vs. the State of Gujarat and ors.

Court: Gujarat

Decided on: Jun-15-1965

Reported in: (1965)6GLR730

J.M. Shelat, C.J.1. The question arising in this petition is a short one and involves the construction of Section 20 of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, XVI of 1960, whereby the State Legislature of Gujarat added Clause (mb) in Section 74(1) of the Bombay Tenancy and Agricultural Lands Act, 1948. Since the question arising in this petition also arises in other petitions pending in this Court, we thought it advisable to hear, besides Mr. Parghi who appears for the petitioners in the present petition, Messrs M.H. Chhatrapati, P.D. Desai, V.J. Desai and R.M. Vin, who are the advocates interested in those other allied petitions.2. The petitioners in this petition are the owners of and landlords in respect of survey No. 45 of village Aminpur, District Sabarkantha, admeasuring 2 acres and 19 gunthas. In an enquiry held under Section 32G of the Act, the Agricultural Lands Tribunal by an order dated September 21,1959, determined the price of the said land at R...


Jun 11 1965

State of Gujarat Vs. Harjivandas Dalichand

Court: Gujarat

Decided on: Jun-11-1965

Reported in: (1965)6GLR877

V.B. Raju, J.1. These appeals one by the State and one by the original complainant arise out of the prosecution of one Harjivandas Dalichand Shah under Rule 65(1) read with Rule 65(7) of the Bombay Agricultural Produce Markets Rules 1941 He was acquitted on the ground that the complainant was appointed by the Markets Act 1939. The contention in existence on the date. The relevant sections are Sections 6(3) 6 and 6 of Bombay Agricultural Produce Markets Act 1939. The contention that as the new committee was constituted the old committee continued to function by virtue of Section 6(3A) of the said Act was repelled by the learned Magistrate. I think that there is a good deal to be said for this argument It is only when a new committee is constituted that the old committee would be deemed to be continued under Section 6(3A) of the said Act. The words the date of the first general meeting of the market committee constituted in its place mentioned in Section 6(3A) of the said Act are very im...


Jun 11 1965

Ambalal Asharam Joshi Vs. the State of Gujarat

Court: Gujarat

Decided on: Jun-11-1965

Reported in: (1965)6GLR925

Akbar S. Sarela, J.1. The appellant has been convicted by the City Magistrate IV Court of offences undersecs 409 and 477A of the Indian Penal Code and sentenced to a single sentence of rigorous imprisonment for 18 months and a fine of Rs. 200/- in default of payment, to suffer further rigorous imprisonment for three months. The sentences in this case were ordered to run concurrently with those passed against the same appellant by the same Magistrate in Criminal Case No. 299 of 63.2. The appellant was a paid servant of the State Transport Employees Co-operative Credit and Thrift Society at Ahmedabad and the charge relates to a criminal breach of trust in respect of various sums amounting to Rs. 3472/alleged to have been entrusted to him during the period between 17th October 1960 and 31st December 1960 at Ahmedabad. The appellant joined the Society as its Secretary in 1950 and was working as such Secretary at the relevant period when the offences are alleged to have been committed. As s...


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