Gujarat Court September 1969 Judgments
inderlal Panwarmal Vs. Khialdas Shewaram and ors.
Court: Gujarat
Decided on: Sep-30-1969
Reported in: AIR1971Guj86; (1970)GLR948
ORDER1. The interesting point which arises in this Civil Revision Application is in connection with the appropriate provision under the Bombay Court-fees Act, 1959, which is to be applied to the plaint in the instant case. The petitioner herein is the original plaintiff and he has filed a suit being suit No. 1448 of 1965 in the City Civil Court at Ahmedabad. The plaintiff has asked for a declaration that the writing passed by the plaintiff on September 1965, in favour of defendant No. 1 is illegal, ultra vires, null and void, void ab initio and not binding on the plaintiff and that the same is inoperative and ineffective. He has also prayed for the consequential relief of permanent injunction restraining the defendants from using in any manner or operating upon the said writing, dated September 9, 1965, against the plaintiff. The plaintiff filed the suit and paid Rs. 30/- on the plaint. After the suit was filed, the question was raised by the office of the City Civil Court as to what w...
Tag this Judgment!Shantilal Nanabhai Vs. Municipal Corporation and anr.
Court: Gujarat
Decided on: Sep-17-1969
Reported in: (1970)IILLJ343Guj
N.G. Shelat, J.1. The facts giving rise to this reference, broadly stated are that the accused has been running a shop in the name of C.N. Brothers & Co. within the municipal limits of Surat. On 15.5.1968 Mr. T.A. Vaziri, the Inspector under the Bombay Shops and Establishments Act for Surat Municipal Corporation, visited that shop, and found that the accused had not got the registration of his shop renewed for the year 1968 though required under Section 52 of the said Act. He, therefore, made an application for obtaining sanction to prosecute the accused from the Municipal Commissioner. After obtaining the same, he lodged the complaint on 2.8.68 against the accused for an offence under Section 52 read with Section 7(6) of the Bombay Shops and Establishments Act, hereinafter to be referred to as the 'Act'. The learned Magistrate after considering the effect of the evidence adduced convicted and sentenced him to pay a fine of Rs. 25 or, in default, to suffer simple imprisonment for one d...
Tag this Judgment!The State of Gujarat Vs. Vaghari Mohan Bana
Court: Gujarat
Decided on: Sep-16-1969
Reported in: AIR1970Guj234; 1970CriLJ1457; (1970)GLR1007
ORDER1. At about 9-00 a.m. on 25-3-1969 the accused was found grazing his goats in the field of the complainant Patel Kevaldas Ugardas of Varavada and thereby he caused damage to the extent of Rs. 15/-. The accused was further alleged to have rescued two goats when the complainant was taking them away to the cattle-pound. The complaint was lodged at the Kakosi police station. After finishing the investigation of the case, charge-sheet against the accused was sent up to the Court of Judicial Magistrate, First Class, Sidhpur for offences under Sections 161 and 162 of the Gujarat Panchayats Act.2. When the accused was produced before the learned Magistrate on 5-4-1969, he was found to be deaf and dumb. He was, therefore, sent to the Sidhpur Hospital for his examination. That report showed that he had 'congenital defects of hearing and speech centre'. On 23-5-1969 the complainant and the accused presented a composition in respect of the said offences. That composition was rightly not allow...
Tag this Judgment!Gafurbhai Daudbhai and anr. Vs. State
Court: Gujarat
Decided on: Sep-10-1969
Reported in: (1970)11GLR649
D.P. Desai, J.1. This matter has been referred to the Division Bench 'by our brother J.M. Sheth J. by an order dated 21-8-1969 observing 'the question involved whether the Court is bound to go on adjourning the case from time to time, even if the stay order is not granted, merely because the transfer application is pending and even if sufficient time is granted to make an application and to obtain an interim order thereon regarding stay of proceedings, the proceedings become null and void and order of conviction becomes illegal, is a question of great importance. 'The matter has been referred to the Division Bench in view of a decision of our brother Thakor J., in Criminal Appeal No. 362 of 1966 decided on 28-6-1968 taking the view that in such a case the conviction is vitiated.2. The petitioners before us were original accused Nos. 1 and 2 before the learned Magistrate, 1st Class, Vijapur in Criminal case No. 1331 of 1968 and they were convicted of different offences and sentenced to ...
Tag this Judgment!Muman Habib Nasir Khanji Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Sep-06-1969
Reported in: (1970)11GLR307
S.H. Sheth, J.1. This Letters Patent Appeal is directed against the order of summary dismissal made by our learned brother J.M. Sheth J. on 16th April 1969, in Special Civil Application No. 658 of 1969. The facts of the case, briefly stated are as follows:2. The petitioner is the owner of a village site land situate in village Bhagal (Jagona), Palanpur Taluka, Banaskantha District. It was sold to the petitioner at an auction by an Aghat sale. Adjoining this piece of land, there are two other plots of land one of which admeasures 46' x 23' and another admeasures 36' x 20 1/2'.3. On 28th August, 1962, the petitioner made an application to the Mamlatdar of Palanpur requesting him to sell to him these two adjoining plots of land in order to enable him to put up a building construction on them. The Mamlatdar of Palanpur reported the matter to the Prant Officer at Palanpur. On 5th October, 1962, the Prant Officer made an order whereby he directed that the said two adjoining plots of land be ...
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