Gujarat Court March 1967 Judgments
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Prajapati Ganeshji Idaji Vs. Hastuben Hemraj D/O. Hemraj Khemraj
Court: Gujarat
Decided on: Mar-20-1967
Reported in: (1967)8GLR966
N.G. Shelat, J.1. The petition, from which this appeal arises, was instituted by the appellant Prajapti Ganesh Idaji against his wife Hastuben Hemraj-the respondent in the City Civil Court at Ahmedabad, for obtaining a decree for the annulment of his marriage with Hastuben which had taken place on 28th February 1960, under Section 12(1)(a) of the Hindu Marriage Act, 1955, hereinafter to be referred to as 'the Act', inter alia alleging that she was impotent at the time of the marriage and has continued to be so until the institution of the petition. The opponent respondent resisted the petition inter alia contending that the allegations of impotency made against her were false, and that since the petitioner thought that she will not be able to bear any children, he has filed this petition by making false allegations with a view to obtain divorce from her.2. The learned Judge of the City Civil Court raised the issue as to whether the respondent was impotent at the time of marriage and co...
Abdul Aziz Ansari Vs. Bhagwandas Nathubhai Master
Court: Gujarat
Decided on: Mar-17-1967
Reported in: AIR1969Guj147; (1969)GLR490
ORDERV.B. Raju, J.1. The question in this revision is whether an appeal lies when a suit cognizable by a Court of Small Causes is partly tried by such Court and subsequently tried by a Court which has not the small cause powers, because the first Judge is transferred. Section 35 of the Provincial Small Cause Courts Act deals with such a situation and reads as under:--'Continuance of proceedings of abolished Courts:-- 35(1) Where a Court of Small Causes, or a Court invested with the jurisdiction of a Court of Small Causes, has from any cause ceased to have jurisdiction with respect to any case, any proceeding in relation to the case, whether before or after decree, which, if the Court had not ceased to have jurisdiction, might have been had therein, may be had in the Court which, if the suit out of which the proceeding has arisen were about to be instituted, would have jurisdiction to try the suit. (2) Nothing in this section applies to cases for which special provision is made in the C...
Devcahnd Shivram Patel and anr. Vs. Smt. Bai Babu D/O Kashidas Dwarkad ...
Court: Gujarat
Decided on: Mar-15-1967
Reported in: (1968)9GLR251
P.N. Bhagwati, J.1. The short question which arises in this petition is whether a petitioner who prefers a revision application to the Revenue Tribunal against an order of the Collector is entitled to exclusion of the time required for obtaining a certified copy of the order of the Mamlatdar. The order of the Collector in the present case was made on 19th February 1963 and intimation of the order was received by the petitioner on 1st April 1963. The petitioner applied for a certified copy of the order on 8th April 1963 and the certified copy was given to him on 18th April 1963. Now under Section 79 of the Bombay Tenancy and Agricultural Lands Act, 1948, (hereinafter referred to as the Act), the period of limitation provided for an application for revision against the order of the Collector is sixty days from the date of the order and therefore taking the date of intimation of the order of the Collector as the date of the order for computing the period of limitation, the application for...
Navinchandra Babulal Bhavsar Vs. Bachubhai Dhanabhai Shah
Court: Gujarat
Decided on: Mar-14-1967
Reported in: AIR1969Guj124; (1968)GLR409
Vakil, J.1. This Civil Revision Application is made under section 113 ol the Civil Procedure Code challenging the following order made by the Chief Judge of the Ahmedabad Small Cause Court in summary suit No. 3018 of 1966:--'On defendant depositing Rs. 1000/-in court within 6 weeks, leave to defend is granted. On such deposit defendant to file his written statement within 3 weeks thereafter.'The opponent had filed the said suit against the applicant stating that the applicant had taken Rs. 1000/- from him as loan which amount was advanced without interest as they were friends and despite demands the defendant had not returned the loan. The opponent plaintiff relied on a writing passed by the applicant. The applicant had appeared before the Court in answer to the sum-mons for judgment and filed his affidavit, denying his liability to pay the amount on the ground that the loan was not given to him but he believed that it was Riven to the person who had attested the document. The applican...
Hajarkan Kalubava and anr. Vs. Kesarkhan Kayamkhan and ors.
Court: Gujarat
Decided on: Mar-13-1967
Reported in: AIR1968Guj229; (1968)GLR1066
(1) This appeal is filed by the original defendants Nos. 2 and 3 as the lower Appellate court had confirmed the trial Court's decree, decreeing the plaintiffs' suit for recovery of possession of the suit lands from the defendants except for a slight variation as regards the quantum of mesne profits. The Original defendant No. 1 has been joined as a respondent and he having died during the pendency of the suit, his heirs have been brought on record and finally joined as respondents along with the plaintiff.(2) The short facts which have given rise to this appeal are as follows:-(3) The parties in this case are Molesalam Muslim Garsias of Gujarat. One Rupsing had executed a mortgage with possession for consideration of Rs. 955 in favour of Kalubava, the father of defendants 1,2 and 3, on 16th July 1928 as per Ex. 46. On the death of Kalubava, the heirs of defendants 1,2, and 3 became the owners of the said mortgagee rights. Rupsang died on 16th December 1931. Thereafter Rupsang's widow M...
G.L. Shukla and anr. Vs. the State of Gujarat and ors.
Court: Gujarat
Decided on: Mar-13-1967
Reported in: (1967)8GLR833
P.N. Bhagwati, J.1. These petitions raise an interesting question as to the constitutional validity of certain provisions of the Gujarat Panchayats Act, 1961 (hereinafter referred to as the Act). Section 1 of the Act came into force on 24th February 1962 and Sub-section (3) of Section 1 provided that the remaining provisions of the Act shall come into force on such date or dates as may be appointed by the State Government. 21st March 1963 was the date appointed by the State Government in exercise of the power conferred under Section 1 Sub-section (3) and the remaining provisions of the Act, therefore, came into force on that date. By an order made under Section 157 of the Act, the State Government transferred to the respective District Panchayats the powers, functions and duties exercised and performed by the Public Works Department of the State Government in various Divisions and Sub-divisions with effect from 1st April 1963. The Public Works Department consists of five wings, namely,...
Commissioner of Income-tax, Ahmedabad Vs. Bhavnagar Trust Corporation ...
Court: Gujarat
Decided on: Mar-12-1967
Reported in: [1968]69ITR278(Guj)
Bhagwati, J. 1. The question arising in this reference lies in a very narrow compass and the principles governing its determination are well-settled. The only controversy is as regards the application of those principles and it is, therefore, necessary to state the facts. The reference arises out of an assessment made on the assessee for the assessment year 1960-61, the relevant account year being the calendar year 1959. The assessee is a limited company, and according to the finding of fact recorded by the Tribunal, it carried on two businesses since 1947-48. One was money lending business and the other was business of dealing in investments which included properties. The assessee in the course of its money-lending business borrowed moneys from directors and their friends, relatives and acquaintances and advanced the same on interest to diverse parties. One of the advances so made by the assessee was by way of fixed deposit of Rs. 6,00,000 with the Bhavnagar branch of a company called...
Matubai Chunilal Patel Vs. Commissioner of Income-tax, Gujarat
Court: Gujarat
Decided on: Mar-11-1967
Reported in: (1968)GLR60; [1967]66ITR408(Guj)
Divan, J.1. This is a reference under section 256(1) of the Income-tax Act, 1961, (hereinafter referred to as the Act). The assessee is an individual and the relevant assessment year was 1962-63, the 'previous year' being the calendar year ending on December 31, 1961. The assessee derived income from various sources, viz., interest on securities, dividends and share of profits of two partnership firms. These two firms were M/s. Dhirajlal Khushaldas & Brothers and Dhirajlal Chunilal & Co. We are concerned in the present reference with the firm of M/s. Dhirajlal Khushaldas & Bros. The assessee owned a car and in his individual assessment he claimed 50% of his running expense and 50% of the depreciation, aggregating to Rs. 6,024, as deductible expenditure contending that the motor-car was used by him for the discharge of his duties as a partner in the partnership concern of M/s. Dhirajlal Khushaldas & Bros. This claim of Rs. 6,024 was disallowed by the Income-tax Officer, firstly, on the ...
Najarkhan Kalubava and anr. Vs. Kesarkhan Kayamkhan and ors.
Court: Gujarat
Decided on: Mar-11-1967
Reported in: (1968)9GLR1066
J.B. Mehta, J.1. This appeal is filed by the original defendants Nos. 2 and 3 as the lower appellate Court had confirmed the trial Court's decree, decreeing the plaintiffs' suit for recovery of possession of the suit lands from the defendants except for a slight variation as regards the quantum of mesne profits. The original defendant No. 1 has been joined as a respondent and he having died during the pendency of the suit, his heirs have been brought on record and finally joined as respondents along with the plaintiff.2. The short facts which have given rise to this appeal are as follows: The parties in this case are Molesalam Muslim Garasia of Gujarat. One Rupsing had executed a mortgage with possession for a consideration of Rs. 955/- in favour of one Kalubava, the father of defendants 1, 2 and 3 on 16th July 1928 as per Ex. 46. On the death of Kalubava, the heirs of defendants 1, 2 and 3 became the owners of the said mortgagee rights. Rupsing died on 16th December 1931. Thereafter R...
Chunilal Khushaldas Patel Vs. Commissioner of Income-tax
Court: Gujarat
Decided on: Mar-10-1967
Reported in: [1967]66ITR522(Guj)
Bhagwati J. 1. Four questions of law are submitted by the Tribunal for our opinion, two under section 66(1) and two under section 66(2) of the Income-tax Act, 1922. The first question challenges the vires of section 34(A) but in view of the decision of the Supreme Court in K. S. Rashid & Son v. Income-tax Officer this question is not pressed by the assessee and it is conceded that the answer to this question must be against the assessee. Three questions, therefore, survive for consideration. They arise out of an assessment made on the assessee as an individual for the assessment year 1945-46. The relevant accounting year is the calendar year 1944. The assessee was at all material times the chairman of the board of directors of a company called the International Bank of India Ltd. (hereinafter referred to as the bank). One J. C. Thakkar was the managing governor and one Nanji Kalidas Mehta was a director of the bank. On May 9, 1943, a meeting of the board of directors of the bank was he...
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