Gujarat Court March 1969 Judgments
Kiritsinhji Bhagwatsinhji Vs. Pharamroj Pirojshah Wadia
Court: Gujarat
Decided on: Mar-25-1969
Reported in: AIR1970Guj284
Shah, J.1-6 x x x x x7. Thus, although the plaintiff's theory that the oral agreement as set up in plaint para 2 was arrived at the very commencement of the transactions, namely, in year 1941, is not proved as such, in our opinion, the plaintiff has successfully shown a course of dealings and transactions between the parties that had taken place even since 1938 upto year 1952 when the parties fell out, presumably because of the differences in relation to the partnership business which was carried on between the plaintiff and the defendant in the name of Wadia Kiritsinh Transport for which the plaintiff has filed Regular Civil Suit No. 874 of 1963 for dissolution of partnership and accounts, that there was a sort of a peculiar over-all understanding between the parties in the matter arising out of a peculiar relation resulting in trust and confidence in each other, as we shall presently see, while delaing with the question of limitation.8. Mr. Mehta's contention on the point of limitati...
Tag this Judgment!Dinshawji Bamanji Dalal and ors. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Mar-20-1969
Reported in: (1970)11GLR193
J.B. Mehta, J.1. The petitioners grantee of the three disputed lands challenge in this petition under Article 227 the final order of the Gujarat Revenue Tribunal, dated March 30, 1963, by which the Revenue Tribunal has dismissed the appeal of the petitioners in the inquiry under Section 37(2) of the Land Revenue Code hereinafter referred to as 'the Code' on the ground that the petitioners' right in relation to mines and minerals in these lands were extinguished by the Bombay Talukdari Tenure Abolition Act, 1949, which came into force from August 15, 1950. The petitioners are the heirs of one Dr. Bamanji Dalai in whose favour the then Collector of Panch Mahals acting as administrator of the Talukdari estates made the grant of the lands in question by a deed of grant dated September 30, 1908. On the abolition of the Taluqdari Tenure by the said Act, records of rights were prepared. The petitioners challenge these entries as their rights as per the said grant in respect of the mines and m...
Tag this Judgment!Valji Mulji Soneji Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Mar-18-1969
Reported in: (1970)11GLR95
P.N. Bhagwati, C.J.1. This petition under Article 226 is directed against a notification dated 10th October 1967 issued by the Government of Gujarat under Section 6 of the Land Acquisition Act, 1894. The facts giving rise to the petition are material and it is necessary to set them out in some detail.2. The petitioners, according to their case as laid in the petition, are tenants of different lands forming part of final plots Nos. 41, 42 and 43 constituting Astodia Mill Compound situate at Astodia in the city of Ahmedabad. The then Government of Bombay by a notification dated 10th October 1952 issued under Section 4 of the Land Acquisition Act, 1894, notified that final plots Nos. 41, 42 and 43 were likely to be needed for a public purpose, namely, State Transport. The petitioners filed their objections against the proposed acquisition of their lands and after hearing the objectors, the Special Land Acquisition Officer submitted his report to the then Government of Bombay under Section...
Tag this Judgment!Cautamlal Naranlal Vs. the Additional Special Land Acquisition Officer ...
Court: Gujarat
Decided on: Mar-14-1969
Reported in: AIR1970Guj81; (1970)11GLR484
Shelat, J.1. This group of eight revision applications raises a common question as to whether the Gujarat Housing Board established under the Gujarat Housing Board Act, 1961 which is said to be a local authority contemplated in Section 3, sub-section (3) of the said Act, becomes a necessary or proper party so called under the provisions contained in O.X. of the Civil Procedure Code, by reason of their being directed to appear and adduce evidence, if any, under Section 50, sub-section (2) of the land Acquisition Act, 1894, hereinafter to be referred to as 'the Act', as amended by Act XX of 1965 by the Gujarat State, in the Land acquisition proceeding taken out by the Local Government for the benefit of the Housing Board. In the event of our finding that the Gujarat Housing Board is not a party either necessary or proper in the proceedings under the Act, we are required to consider as to the meaning given to the words 'to appear and adduce evidence, if any so as to include the right of a...
Tag this Judgment!ismail Suleman Bhayat Vs. State of Gujarat
Court: Gujarat
Decided on: Mar-10-1969
Reported in: AIR1971Guj42
Shelat, J.1.- 4.The plaintiff's main contention, apart from other irrelevant contention with which we are not concerned, was that he could not remain present on account of his illness on the date fixed for hearing of the suit on 12-7-67 and that a dismissal of the suit on account of his default in appearance was neither legal nor proper. According to him, such an order particularly when most of the evidence was over in the case would cause considerable hardship and grave injustice and that he should be given an opportunity to cross-examine the three witnesses examined on behalf of the defendants in the case. The arguments can then be heard and a decision on merits may well be given by the Court.5. (10th March, 1969). Now it would appear from the facts set out hereinabove that the plaintiff-appellant was given the greatest latitude possible in giving him accommodation, much though it was not expected of the Court to take any notice of any letters or telegrams sent by him, or to inform h...
Tag this Judgment!The Digvijaysinghji Salt Works Pvt. Ltd. and ors. Vs. the State of Guj ...
Court: Gujarat
Decided on: Mar-10-1969
Reported in: AIR1971Guj14
Divan, J.1. The petitioners in this matter are the salt-manufacturers producing salt by solar heat from sea-water at different places in the State of Gujarat and the respondent is the State of Gujarat. The petitioners own Marine Salt Works at different places any they manufacture salt by drawing sea-water into crystallisers and then allowing it to evaporate by solar heat. The salt thus manufactured is sold as ordinary salt in the market by the petitioners. The petitioners engaged various categories of employees directly as well as through contractors for the purpose of manufacturing salt; and according to the petitioners, the working conditions and the rates of payment of the employees vary as per the local conditions of work at different places. Under the Minimum Wages Act, 1948, enacted by the Parliament, the State Government is empowered to fix the minimum rate of wages under Section 3, provided the procedure prescribed under the Act is followed. The State Government can fix such wa...
Tag this Judgment!The Digvuaysinhji Salt Works Ltd. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Mar-10-1969
Reported in: (1970)11GLR249
P.N. Bhagwati, C.J.1. These two petitions raise a short question of law relating to the interpretation of Section 7 of the Gujarat Education Cess Act, 1962. The facts giving rise to these two petitions are similar and it will therefore be sufficient if we state the facts of the first petition, namely, Special Civil Application No. 850 of 1964 and indicate only the points of difference so far as the second petition, namely, Special Civil Application No. 1467 of 1968, is concerned. The petitioner in Special Civil Application No. 850 of 1964 is a limited liability company engaged in the manufacture of salt at Jamnagar. By an Indenture of Lease dated 29th April 1960 executed by and between the Governor of Bombay and the petitioner, the Government of Bombay leased to the petitioner for a period of twenty-five years commencing from 2nd June 1956, a piece of land admeasuring 1454 acres 22 gunthas situate in Bedi Port, Taluka Jamnagar, District Jamnagar. The Indenture of Lease provided:. in co...
Tag this Judgment!Mansukhlal Vallabhdas Vs. Mangalaben Jerambhai and anr.
Court: Gujarat
Decided on: Mar-06-1969
Reported in: 1970CriLJ1308; (1970)GLR980
ORDERN.G. Shelat, J.1. The facts giving rise to this application in revision, broadly stated, are that the original applicant Mangalaban was married with the opponent Manaukhlal Vallabhdas on 6th April 1964 and both of them began to live as husband and wife at the house of the opponent at Khambhalia in the District of Jamnagar. The applicant Mangalaben was a resident of the village of Bed in the District of Jamnagar. For some time they pulled on quite well and thereafter she came to be ill-treated and beaten by her husband. Her case then is that on 12th September 1965 she was driven out from the house after beating her and was not even allowed to take away hen clothes and ornaments etc. Since then the. opponent has neglected and refused to maintain her. She has further alleged that the opponent has made very wild allegations against her character and that, it has become impossible for her to live with him at his place. She, therefore, filed an application under Section 488 of the Crimi...
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