Gujarat Court June 1969 Judgments
State of Gujarat Vs. N. Viswanatha, Project Manager of Oil and Natural ...
Court: Gujarat
Decided on: Jun-27-1969
Reported in: 1970CriLJ1053; (1970)GLR815
N.G. Shelat, J.1. This appeal arises out of an order passed on 13th September 1966, by Mr. H, C Shah, Judicial Magistrate, First Class, Carnbay, in Criminal Case No. 728 of 1966 (Summary Case No. 1489 of 1966) whereby the respondent accused came to be acquitted under Section 245 (1) of the Criminal P. C., in respect of an offence under Section 52(a) read with Section 7(1) of the Bombay Shops and Establishments Act, 1948 as applied to the State of Gujarat.2. The facts of the case are quite simple. The Oil & Natural Gas Commission was established under Oil & Natural Gas Commission Act, 1959 and it has its office at Cambay. The clearing and forwarding section thereof was started in 1960 within the Municipal limits of Cambay to which the Bombay Shops and Establishments Act, hereinafter referred to as the 'Act', came to be applied with effect from 1-4-1950. Though the aforesaid section of the O.N. G. C. was started in the year 1960, it was not registered as required under Section 7(1) of th...
Tag this Judgment!Bachubha Ramsinhji Vs. Shivlal and ors.
Court: Gujarat
Decided on: Jun-26-1969
Reported in: AIR1970Guj180; (1970)GLR827
Divan, J. 1. The petitioner in the present case was working as an Unarmed Head Constable in Kutch District and was at the relevant time attached to Kandla Police Station in Kutch District. An incident took place on April 2, 1963, in connection with a sailor, by name Jorgenson v. Sherman, of S. S. Marine Ranger; and it was alleged against P.S.I. Mehta of Kandla Water Police Station, the present petitioner and against another Head Constable attached to the Police Station, Head Constable Chandgiram that they accepted in concert with each other bribe of Rs. 500/- for not instituting a case against the said Sherman even though he was found drink in the territories which were within the juisdiction of the Police Station and even though he was carrying a bottle of liquor with him. By the Order, dated July 30, 1963, passed by the District Superintendent of Police, Kutch, the petitioner was suspended for his alleged part in this incident and thereafter by the order, dated September 3, 1963, the...
Tag this Judgment!East India Co. Vs. Official Liquidator and anr.
Court: Gujarat
Decided on: Jun-25-1969
Reported in: (1970)GLR457
Bhagwati, C.J.1. These appeals raise questions of considerable importance and complexity having impact alike in the filed of administrative law as in the field of civil law. They arise out of proceedings in the winding up of a company called Rajratna Naranbhai Mills Ltd. (hereinafter referred to as 'the company'). The Company owned a textile mill in Petlad, a town situate in Kaira District, and by an order made by a single judge of this court on 26th June, 1967, the company was ordered to be wound up by the court one the ground that it was unable to pay its debts . On the making of the winding up order, the official liquidator attached to this court took charge of the assets of the company and commenced the winding up proceedings. The official liquidator, after obtaining the sanction of the company judge, disposed of some of the stocks and stores of the company which were likely to deteriorate in value with the the passage of time but he was obstructed in giving delivery of the goods b...
Tag this Judgment!Bai Bhanbai Mavji Vs. Kanbi Karshan Devraj and anr.
Court: Gujarat
Decided on: Jun-17-1969
Reported in: AIR1970Guj137; 1970CriLJ962; (1970)0GLR581
ORDER1. Bai Bhanbai of Sukhpar, the applicant, filed Criminal Miscellaneous Application No. 24 of 1966 in the Court of the Judicial Magistrate, First Class, Bhuj for claiming maintenance at the rate of Rs. 150 per month against the opponent No. 1 under Section 488 of the Criminal Procedure Code, inter alia, alleging that she was the wife of the opponent and that she was ill-treated by her husband and ultimately driven out. She also alleged that she had two daughters and that she was pregnant at the date of the application. The application was resisted by the opponent, inter alia contending that she was not his lawfully married wife and that she was merely staying with him as his mistress, and that, therefore, she was not entitled to claim any maintenance from him. He also denied the allegations about ill-treatment etc. The learned Magistrate after considering the effect of the evidence adduced in the case found that the petitioner was not lawfully married wife of the opponent and conse...
Tag this Judgment!The Digvijaysinhji Salt Works Pvt. Ltd. and ors. Vs. State of Gujarat
Court: Gujarat
Decided on: Jun-17-1969
Reported in: (1970)11GLR342
B.J. 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 and they manufacture salt by drawing sea-water into crystalisers 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 suc...
Tag this Judgment!Mulchand Dasumal Pardasani Vs. Union of India, Ministry of Finance (R. ...
Court: Gujarat
Decided on: Jun-16-1969
Reported in: AIR1970Guj257
M.U. Shah, J. 1. This second appeal has come to us by a reference made by Mr. Justice B. G. Thakore on February 18, 1969. It raises an important question concerning the age of compulsory retirement of a pre-1938 April ministerial Central Government servant.2. Appellant Mulchand Dasumal Pardasani was appointed as a clerk in the Sindh Salt Department on June 10, 1930. He was transferred to Bombay Central Excise Department with effect from 15th August 1947 and was appointed as Upper Division Clerk in about October 1948. At that time, he was drawing a salary of Rs. 280/- plus Rs. 50/- dearness allowance per month in the sale of Rs. 130-5-160-8-200 130-5-160-8-200 E.B.-8-280-10-300. He continued to be in that scale of the date of the issuance of establishment order No. 286 of 1963 dated December 18, 1963 by the Collector, Central Excise, Baroda. The said order was served on him on December 28, 1963, and he proceeded on leave preparatory to retirement on March 14, 1964, the date on which he ...
Tag this Judgment!Harilal Gangaram and ors. Vs. State of Gujarat
Court: Gujarat
Decided on: Jun-10-1969
Reported in: 1970CriLJ1163; (1970)GLR617
D.A. Desai, J.1-17. ...18. It was urged on behalf of original accused No. 4 Hiralal Gangaram that the motor truck belongs to him and even though it was used for transport of contraband liquor, there is nothing to show that it was done with his consent, connivance or knowledge or at his instance and therefore, the motor truck was not liable to confiscation. On behalf of Jethanand Ishvardas it was contended that he entered into an agreement with Hiralal Gangaram accused No. 4 for the purpose of the said truck on 9-11-66 for Rs. 20,000/- and towards the purchase price he had paid Rs. 5.000/- in cash to Hiralal Gangaram and the balance of Rs. 15.000/- was to be paid in 15 monthly instalments each of Rs. 1,000/-. It was contended that this agreement was reduced to writing, and executed by the parties. On the basis of this agreement it was contended that since 2-11-66 ownership of the motor truck had passed to Jethanand Ishvardas and there is nothing to show that this truck was used in trans...
Tag this Judgment!- ‹ Prev
- Next ›