Gujarat Court October 1969 Judgments
State of Gujarat Vs. Vijay Sewing Machine Co. and anr.
Court: Gujarat
Decided on: Oct-30-1969
Reported in: (1970)11GLR1051
N.G. Shelat, J.1. This appeal arises out of an order passed on 7-4-69 by Mr. D.A. Chhaya, Judicial Magistrate, First Class Navasari in Summary Case No. 2469 of 1966 whereby the respondents accused Nos. 1 and 2 came to be acquitted. They also came to be acquitted in other similar Summary Cases Nos. 2470 to 2497 of 1966. The State has filed appeals in those cases and they are Criminal Appeals No. 567 to 594 of 1969 respectively.2. The respondent-accused No. 1 is the Vijay Sewing Machine Co., Navsari, of which the accused No. 2 was a partner during the period for which the criminal cases were filed. Shri Dinkarrai Lalbhai Desai, an Inspector appointed under Section 13(1) of the Employees Provident Funds Act, 1952, hereinafter referred to as 'the Act', found that the accused had failed to pay in time the Provident Fund contributions as required under paragraph 38(1) of the Employees Provident Funds Scheme, 1952, hereinafter referred to as 'the Scheme', during the period from 1-12-60 to 31-...
Tag this Judgment!State of Gujarat Vs. Kanbi Vallabha and ors.
Court: Gujarat
Decided on: Oct-28-1969
Reported in: (1970)11GLR1042
Y.D. Desai, J.1. The respondents-accused are 15 in number were charged with having committed offences under Sections 4 and 5 of the Bombay Prevention of Gambling Act in the Court of the Judicial Magistrate, First Class, Bagasara, in Criminal Case No. 542 of 1967. The learned Magistrate acquitted the accused under Section 247 of the Code of Criminal Procedure as the complainant was absent on 31-7-1967 on which date the matter stood adjourned for hearing. The State of Gujarat has come in appeal.2. It is contended by the learned Assistant Government Pleader Mr. Nanavati that the learned Magistrate was in error in acquitting the accused since Section 247 of the Code of Criminal Procedure would not apply since the present case was not instituted under a complaint as denned in Section 4(1) (h) of the Code of Criminal Procedure and which does not include a report of a police officer.3. Under Section 4(1)(h) of the Criminal Procedure Code,Complaint means the allegation made orally or in writin...
Tag this Judgment!Nadiad Electric Co. Ltd. Vs. the Nadiad Borough Municipality, Nadiad
Court: Gujarat
Decided on: Oct-14-1969
Reported in: AIR1970Guj194
Mehta, J. 1. This appeal raises a short question as to whether under Section 22-A(3) of the Indian Electricity Act, 1910, hereinafter referred to as 'the Act', a local authority is entitled to continuance of supply of electrical energy on the same terms and conditions even when its agreement expires. After the earlier agreement, dated April 3, 1937, was declared by the Civil Court as per the decree, date November 17, 1939, to be null and void in a suit filed by the ratepayer, the present agreement between the licensee company and the plaintiff municipality, the local authority, was entered into on August 14, 1940 for a period of 20 years for supply of electrical energy to this local authority on terms specified therein. The said agreement was to expire on August 13, 1960. The licensee company by the letter, dated May 10, 1960, intimated the local authority that on the expiry of the said agreement the company would have no obligation to supply electrical energy on the same terms, but th...
Tag this Judgment!Himatlal Ratilal Rajyagor Vs. the State of Gujarat and ors.
Court: Gujarat
Decided on: Oct-13-1969
Reported in: 1971CriLJ165; (1971)GLR167
ORDERN.G. Shelat, J.1. The petitioner.original accused No. 3 and opponents Nos. 2 to 6 have been charge sheeted for offences Under Sections 408.467-477-477A-472 read with Sections 34 and 114 of the Indian Penal Code and Under Section 5 of the Entertainment Duty Act and also under Rule 114 of the Cinema Rules before the Court of the City Magistrate, 7th Court, Ahmedabad. Before the inquiry or the trial, as the case may be, commenced an application was presented by the learned Advocate appearing for aocused No. 2 requesting the Court to direct the prosecution to supply him with the following documents:-(1) Photographic enlargements of disputed and admitted handwritings of the accused on which the prosecution relies Exs. A to A-6 and B-l to B-34 and others, if any.(2) The grounds for the opinion given by the expert in respect of writings (case No. 304/67) A to A-5 and Exs. B-l to B-6, B-7 to B-18 and B-19 to B-34.The learned Magistrate found that the accused are not entitled to get copies...
Tag this Judgment!Himatlal Ratilal Rajyagor Vs. State
Court: Gujarat
Decided on: Oct-13-1969
Reported in: (1971)12GLR167
N.G. Shelat, J.1. The petitioner-original accused No. 3 and opponents Nos. 2 to 6 have been charge sheeted for offences under Sections 408, 467, 477, 477A, 472 read with Sections 34 and 114 of the Indian Penal Code and under Section 5 of the Entertainment Duty Act and also under Rule 114 of the Cinema Rules before the Court of the City Magistrate, 7th Court, Ahmedabad. Before the inquiry or the trial, as the case may be, commenced an application was presented by the learned Advocate appearing for accused No. 2 requesting the Court to direct the prosecution to supply him with the following documents:(1) Photographic enlargements of disputed and admitted handwritings of the accused on which prosecution relies Exs. A to A-6 and B-1 to B-34 and others, if any.(2) The grounds for the opinion given by the expert in respect of writings (case No. 304/67) A to A-5 and Exs. B-1 to B-6, B-7 to B-18 and B-19 to B-34.The learned Magistrate found that the accused are not entitled to get copies of ph...
Tag this Judgment!Muman Kamal Sabedi Patel and ors. Vs. the State of Gujarat
Court: Gujarat
Decided on: Oct-08-1969
Reported in: (1971)12GLR481
N.G. Shelat, J.1. The facts giving rise to this reference, broadly stated, are that on account of some dispute in relation to a mosque in the village of Malipur in Kheralu Taluka, District Mehsana, between two sects of Muslims such as Shias and Sunnis, on the evening of 21-4-69, the applicants and several others were said to have formed an unlawful assembly the common object whereof was to cause bodily injury to the members of Sunni sect of Muslims as also to set fire to their houses, and then cause injuries to them. They were, thus, alleged to have committed various offences punishable under Sections 147, 148, 149, 323, 324, 436, 427 and 452 of the Indian Penal Code. The first information report received by the police disclosed the names of the present applicants amongst others as persons having committed the aforesaid offences. In the course of the investigation they were arrested by the police and before the investigation was over, on 24-4-69 they were sent to custody of the Judicia...
Tag this Judgment!Fatumal Dayaram Vs. Rael Samson and anr.
Court: Gujarat
Decided on: Oct-08-1969
Reported in: (1970)11GLR1024
Akbar S. Sarela, J.1. This is a revision application by the original complainant against certain orders passed by the City Magistrate, 7th Court, Ahmedabad (Mr. N.M. Chhaya) on 24-6-1968 in respect of a complaint under Section 323 I.P.C. filed before him against respondent No. 1. Respondent No. 2 is the State of Gujarat.2. The facts in brief are these. The applicant Fatumal Dayaram, who will be referred to hereafter as the complainant for the sake of convenience, has two children who are attending the school of which respondent No. 1 (hereinafter referred to as the respondent for the sake of brevity) is the principal. It appears that 14th of February 1968 was the birth date of the respondent and the allegation of the complainant was that for the purpose of celebrating that birth date the class teachers asked their students to bring each not less than Rs. 21- as contribution. The complainant alleged that he sent Rs. 21- with each of his two children but this was not accepted and the cla...
Tag this Judgment!Dr. Harisingh Harnamsingh Khalsa Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Oct-07-1969
Reported in: 1970CriLJ1695; (1970)11GLR1072
ORDERShelat, J.1. The petitioner is the complainant in two Criminal Oases Nos. 178 and 1186 of 1968 filed in the Court of the City Magistrate, 4th Court, Ahmedabad, under Section 24(4) of the Bom-bay Rent Control Act against Harbhajankaur, daughter of Dhundasingh, and her father Dhundasingh Ladhusing. There were three other criminal cases such as Cases Nos. 1292, 2291 and 2292 of 1963 filed against him in the same Court. On 18-3-69 the petitioner filed Transfer Application No. 8 of 1969 in the Court of the Chief City Magistrate, Ahmedabad, presumably under Section 528 (2) of the Criminal P. C., inter alia alleging that in view of the attitude of the learned Magistrate in the Court he has reasonable apprehension that he will not . get fair and impartial trial in the said Court. It appears that the application was kept for preliminary hearing on 26-3-69. On that day he orally requested for time to engage an advocate. He was asked to give an application in writing and for that he was give...
Tag this Judgment!Dr. Harisingh Harnamsingh Khalsa Vs. State and ors.
Court: Gujarat
Decided on: Oct-07-1969
Reported in: (1970)11GLR1072
N.G. Shelat, J.1. The petitioner is the complainant in two Criminal cases Nos. 178 and 1186 of 1968 filed in the Court of the City Magistrate, 4th Court, Ahmedabad, under Section 24(4) of the Bombay Rent Control Act against Harbhajankaur, daughter of Dhundasingh. and her father Dhundasingh Ladhusingh. There were three other criminal cases such as Cases Nos. 1292, 2291 and 2292 of 1968 filed against him in the same Court. On 18-3-69 the petitioner filed Transfer Application No. 8 of 1969 in the Court of the Chief City Magistrate, Ahmedabad, presumably under Section 598(2) of the Criminal Procedure Code inter alia alleging that in view of the attitude of the learned Magistrate in the Court he has reasonable apprehension that he will not get fair and impartial trial in the said Court. It appears that the application was kept for preliminary hearing on 26-3-69. On that day he orally requested for time to engage an advocate. He was asked to give an application in writing and for that he was...
Tag this Judgment!Commissioner of Income-tax, Gujarat Iii Vs. Western India Engineering ...
Court: Gujarat
Decided on: Oct-03-1969
Reported in: [1970]77ITR165(Guj)
Bhagwati, C.J.1. The question arising in this petition is a question of considerable importance relating to the applicability of section 5 of the Limitation Act, 1963, to an application for reference made to the Income-tax Appellate Tribunal under section 66, sub-section (1), of the Indian Income-tax Act, 1922. The question lies in the narrow compass but in order to appreciate it, it is necessary to notice briefly the facts giving rise to the petition. 2. In the course of the assessment to income-tax for the assessment year 1961-62, the assessee, who is the respondent before us, claimed that a sum of Rs. 1,05,900 was liable to be deducted in computing the total income of the assessee but this claim was disallowed by the Income-tax Officer and the sum of Rs. 1,05,900 was included in the total income of the assessee. The assessee preferred an appeal to the Appellate Assistant Commissioner but the appeal was unsuccessful. This was followed by a further appeal to the Income-tax Appellate T...
Tag this Judgment!- ‹ Prev
- Next ›