Gujarat Court September 1968 Judgments
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M.B. Tharada Vs. State of Gujarat
Court: Gujarat
Decided on: Sep-02-1968
Reported in: AIR1969Guj362; 1969CriLJ1503; (1969)GLR1027
Desai, J. 1. This is a criminal revision application filed against the judgment and order passed by the Special Judge, Ahmedabad (Rural) at Narol. Shri D. J. Dave, rejecting an application of the applicant requesting the Court to order reinvestigation in the criminal case against him, on the ground that the investigation carried out by the police officers was contrary to the provisions of Section 5A of the Prevention of Corruption Act, 1947 (hereinafter referred to as the Act).2. The short facts leading to this prosecution are that the applicant in the month of July 1963 was working as a Police Head Constable at the Police Station, Dehgam. The offences punishable under Sections 419 and 420 of the Indian Penal Code were alleged to have been committed by one person. That offence was registered at the Police Station, Dehgam as criminal register No, 98 of 1963. The present applicant was investigating the said offence. One Karsandas Jividas, the resident of village Motipura was suspected to...
Bharatkumar Chinubhai Vs. Commissioner of Income-tax, Gujarat. Commiss ...
Court: Gujarat
Decided on: Sep-02-1968
Reported in: [1969]71ITR1(Guj)
P. N. BHAGWATI C.J. - The questions of law arising in these two references are inter-related and it would, therefore, be convenient to dispose them of by a common judgment. We will, however, for the sake of convenience, first deal with the question arising in Income-tax Reference No. 9 of 1967 and then proceed to examine the question arising in Wealth-tax Reference No. 5 of 1967.I.T. Reference No. 9 of 1967 : One Chinubhai, his wife, Shantaben, his son, Bharatkumar, who is the assessee before us, and his two unmarried daughters formed a Hindu undivided family. In respect of the income o f the properties of the Hindu undivided family, Chinubhai was assessed during his lifetime as manager and karta and the income was assessed as income of the Hindu undivided family. Chinubhai died on 16th May, 1951, and on his death, his undivided share in then joint family properties devolved on his widow, Shantaben, under section 3(2) of the Hindu Womens Rights to Property Act, 1937, and the Hindu undi...
Jeshingbhai Nathabhai and anr. Vs. State of Gujarat
Court: Gujarat
Decided on: Sep-02-1968
Reported in: 1970CriLJ100; (1970)11GLR47
V.R. Shah, J.1. Criminal Appeal No. 516 of 1968 is brought by the two appellants who were original accused Nos. 1 and 2 respectively in the trial Court in Criminal Case No. 2095 of 1967. The material facts out of which this appeal arises may be shortly stated.2. On 19th September 1967 at about 4 A.M. complainant Rhematkhan, who is a Head Constable attached to the Monogram Chowkey was on patrol duty along with three constables including one Somabhai. When they came to a place near crossroads adjacent to Amritlal Estate, they found one truck bearing G T D 2811 coming from O. K. Karkhana side. The truck was detained and on enquiry it was found that the truck was driven by accused No. 2. accused No. 1 was found sitting by the side of the driver. We are not concerned with accused Nos. 4 and 5 who have been acquitted. There were 60 bags of paddy weighing more than 4200 killograms. As neither accused No. 1 nor accused No. 2 had any pass or permit to bring the paddy bags within the limits of t...
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