Gujarat Court January 1968 Judgments
Natvarlal Damodardas Vs. the State of Gujarat and anr.
Court: Gujarat
Decided on: Jan-31-1968
Reported in: (1969)10GLR361
N.G. Shelat, J.1. Before the Court of the Judicial Magistrate, First Class at Vijapur, one Hasmukhlal Dashrathlal the accused No. 1 and two others were charge-sheeted by the police for committing theft of silver ornaments etc. valued at Rs. 3979-75 nP. from the shop of Nagindas Gokaldas at Vijapur on the night of 19-7-66. During the course of the investigation of that case, articles Nos. 58, 59 and 60 were attached by the investigating officer on 30-7-66 from the possession of Natvarlal Damodar of Galemandi in the presence of the panchas. The first two articles were the silver pats, each weighing about 4 kilos and 635 grams. The third article consisted of silver gilted copper wire weighing about 4 kilos and 660 grams. That formed the part of the muddamal property before the Court when the trial took place before the learned Magistrate. In that case, this Natvarlal Damodar, the applicant before this Court, was examined as a witness. After considering the effect of the evidence adduced i...
Tag this Judgment!Adambhai Ranabhai Vs. the Regional Transport Authority and anr.
Court: Gujarat
Decided on: Jan-30-1968
Reported in: (1968)9GLR674
J.B. Mehta, J.1. This petition under Article 227 is directed against the order at Ex. 4 dated 27th April 1967 by respondent No 1, The Regional Transport Authority, Rajkot, hereinafter referred to as 'the tribunal'.2. The short facts which have given rise to this petition are as under:The petitioner Adambhai Ranabhai is a citizen of India carrying on business of operating Stage Carriages (buses) by operating his buses on the route Kunkavav to Bilkha under stage carriage permit issued by respondent No. 1 since 1958 in the name and style of M/s. New Bagasara Transport Company. By the order, dated 1st April 1964, respondent No. 1 had granted renewal of the said permit to the petitioner for a period of three years and the appeal against the said decision by respondent No, 2, The Gujarat State Road Transport Corporation, hereinafter referred to as 'the Corporation' had been dismissed by the order, dated 6th April 1965. The said permit was due to expire and, therefore, the petitioner filed an...
Tag this Judgment!indravadan Parshotamdas Desai and anr. Vs. Indravadan Ambalal Mehta an ...
Court: Gujarat
Decided on: Jan-23-1968
Reported in: AIR1969Guj251; (1969)10GLR697
ORDERShelat, J. 1. This petition is directed against an order passed on 29th November, 1967 by Mr. J. D. Desai, Assistant Judge, Nadiad, in Civil Misc. Application (Election) No. 51 of 1967 whereby the election of Wards Nos. 8 and 9 block J of the Nadiad Municipality came to be set aside as the nomination paper of opponent No. 13-respondent No. 12 before this Court was improperly rejected by the Returning Officer and thereby the result of the election materially affected. 2. The municipal limits of the City of Nadiad have been divided into various blocks such as blocks A to J for the purpose of municipal elections. The Wards Nos. 8 and 9 fall within block J. This block J has been allotted in all three seats. While two of them were general seats, the third one was a reserved seat for scheduled caste for the purpose of elections. For the elections to be held in the month of June 1967 nomination papers were invited from voters qualified to vote at the general election and they were accord...
Tag this Judgment!Bai Kanku Punamchand Kanjibhai Khristi Vs. Victorbhai Kanjibhai Khrist ...
Court: Gujarat
Decided on: Jan-16-1968
Reported in: AIR1969Guj239; (1969)GLR811
J.M. Sheth, J. 1. This is a second appeal filed by the original defendant who was the respondent in Civil Appeal No. 303 of 1960 of the District Court of Kaira at Nadiad. The present respondents who were the original plaintiffs in Civil Suit No. 176 of 1960, filed by them in the Court of the Civil Judge (J. D.) at Nadiad, are the heirs of the deceased Kanjibhai Trikambhai Khristi. The deceased Kanjibhai was the owner of a house, Vada and Angana appurtenant to it, situated in a Moholla known as Navavas in Mahudha town, District Kaira. On 10th January, 1952, he passed the deed in question described as 'a conditional sale-deed' Ex. 16 for a consideration of Rs. 800/- in respect of the said property to the present appellant-defendant, Bai Kanku, the wife of Khristi Punamchand Kanjibhai. The possession of that property was delivered by the executant to the executee on the same day. The document contains a stipulation that the house was to be returned back to the executant if he pays the amo...
Tag this Judgment!Dahya Revla and anr. Vs. Reva Chhita and ors.
Court: Gujarat
Decided on: Jan-16-1968
Reported in: 1970CriLJ425
N.G. Shelat, J.1. * * * *2. Mr. Vin, the learned advocate for the appellants, urged that the respondent No. 1 Reva had in his own evidence admitted about the falsity of the material statements made in his complaint Ex. 17 and that the same were even actually found by the learned Sessions Judge to be false and imaginary. He, therefore, contended that as a result of such a false information given to the Police Patel they had to face a trial in the Court of Sessions and that too in regard to a very serious charge such as of robbery punishable under Section 392 read with Section 397 of the Indian Penal Code. In those circumstances, there would not arise any question of pity on the mere ground that he was an illiterate and stupid person acting under the guidance of respondents Nos. 2 and 3 as observed by the learned Sessions Judge. He also contended that in the interest of justice such a person should have been brought to book and that the learned Sessions Judge was wrong in not taking any ...
Tag this Judgment!Nenchand Dhulabhai Vs. the State of Gujarat
Court: Gujarat
Decided on: Jan-16-1968
Reported in: (1969)10GLR370
N.G. Shelat, J.1. This appeal arises out of an order passed on 13-11-67 by Mr. D.C. Mehta, the Chief City Magistrate, Ahmedabad, in Summary Case No. 403 of 1967 whereby the appellant accused No. 1 came to be convicted and sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs. 500/-, or in default, to suffer further rigorous imprisonment for one month for an offence under Section 66A of the Bombay Prohibition Act, hereinafter to be referred to as 'the Act'. The accused No. 2 happened to be the wife of accused No. 1 and she also came to be convicted and sentenced to imprisonment till the rising of the Court and to pay a fine of Rs. 50/-, or, in default to suffer rigorous imprisonment for seven days for the same offence.2. While the appeal of accused No. 1 was being beard, a notice was directed by this Court to issue to the Government Pleader to show cause why the order of conviction and sentence passed against accused No. 2 should not be set aside. The learned ...
Tag this Judgment!Commissioner of Income-tax Vs. Sakarlal Balabhai
Court: Gujarat
Decided on: Jan-15-1968
Reported in: [1968]69ITR186(Guj)
Bhagwati, C.J.1. This reference raises an interesting question of construction of section 44F of the Income-tax Act, 1922. The question is not free from difficulty arising as it does on one of the least happily drafted sections of an Act not otherwise known for perspicuity. In order to appreciate the question it is necessary to notice the facts giving rise to the reference in some detail. 2. The assessee is an individual and his income consists mainly of dividends and director's fees. He held at the material time 94 shares out of a total share capital of 640 shares of the face value of Rs. 500 each in a company called Lallubhai Gordhandas and Company Limited. This company, to which we shall for the sake of convenience refer as these managing agency company, was the managing agent of Rohit Mills Limited and was a company in which the public are not substantially interested within the meaning of section 23A. By a resolution dated 3rd December, 1957, passed at an extraordinary general mee...
Tag this Judgment!Koli Trikam Jivraj and anr. Vs. the State of Gujarat
Court: Gujarat
Decided on: Jan-12-1968
Reported in: AIR1969Guj69; 1969CriLJ409; (1969)GLR245
Desai J.1. In Sessions Case No. 2 of 1966, Shri D.A. Desai, Sessions Judge, Bhavnagar, convicted the appellants for having committed an offence punishable under Sections 394, 326 read with Section 34 and Section 324 of the Indian Penal Code and sentenced them for an offence under Section 394 of the Indian Penal Code to suffer rigorous imprisonment for 7 years. No order of sentence was passed in respect of offences punishable under Section 326 read with Section 34 and Section 324 of the Indian Penal Code.2. The prosecution case was that one Bhikha Sukha was a resident of village Khakhoi, Taluka Botad, District Bhavnagar. Bhikha Sukha had purchased vadi land bearing S. No. 60 admeasuring 75 bighas and situated in the said village. Bhikha Sukha has no child. He has a sister who was married to one Premji Prag who originally resided in village Ugamedi. Premji has four sons. After Bhikha Sukha had purchased the vadi land, he brought his brother-in-law Premji Prag and his four sons to village...
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