Gujarat Court January 1970 Judgments
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Shah Raichand Amulakh (Dead.) by His Heir Vs. Union of India (Uoi) and ...
Court: Gujarat
Decided on: Jan-31-1970
Reported in: (1971)12GLR93
P.N. Bhagwati, C.J.1. These Revision Applications raise an interesting question of law relating to the scope and ambit of former Section 77-now re-numbered as Section 78B-of the Indian Railways Act, 1890. The facts giving rise to these Revision Applications are similar and it would, therefore, be convenient to state the facts of only one Revision Application, namely, Civil Revision Application No. 819 of 1963. The petitioners in this Revision Application are Commission Agents carrying on business in Surendranagar. One consignment of 110 bags of sugar was despatched to the petitioners by rail from Sawan to Surendranagar under Railway Receipt No. 951943 dated 3rd August 1951. The petitioners took delivery of the consignment at Surendranagar but in unloading the consignment and taking delivery, there was delay on the part of the petitioners and both demurrage and wharfage charges, therefore, became payable to the railway administration. The railway administration demanded a particular amo...
Usman Vs. N.T. Chinoy and anr.
Court: Gujarat
Decided on: Jan-27-1970
Reported in: 1971CriLJ1793; (1971)GLR210
S.H. Sheth, J.1. This petition is directed against the externment order made against the petitioner by the Deputy Commissioner of Police, Special Branch, Ahmedabad. City of 6th March, 1969.2. The petitioner is a resident of the City of Ahmedabad and is running a cycle shop. The Superintendent of Police 'C Division, Ahmedabad served upon him notice Under Section 59(1) read with Section 57 of the Bombay Police Act to show cause why he should not be externed for a period of two years from Ahmedabad City, Ahmedabad (Rural), Kaira and . Mehsana Districts. The allegations which were mado against him in the show cause notice were that he had suffered three convictions Under Section 85, Sub-section (1) of the Bombay Prohibition Act and that he was involved in a prohibition case in the month of November 1968. Upon these facts action was proposed to be taken against him Under Section 57(e) of the Bombay Police Act, 1951.3. Tke petitioner submitted a detailed reply to that show cause notice and t...
Shardaben Vs. M.i. Pandya and anr.
Court: Gujarat
Decided on: Jan-23-1970
Reported in: AIR1971Guj151; (1971)0GLR97
1. The petitioner widow challenges in this petition the order of the Motor Accident Claims Tribunal, dismissing the petitioner's claim for compensation under Section 110-A of the Motor Vehicles Act, 1939, hereinafter referred to as 'the Act' on the ground that it was time-barred and there was no sufficient reason to condone the delay, and that there was no provision to permit the institution of such a claim for compensation as a pauper by resorting to the provisions of Order 33 of the Civil Procedure Code, hereinafter referred to as 'the Code'. The petitioner's husband met with an accident while he was travelling in the truck of respondent No. 2, which truck got over-turned on July 8, 1965, the petitioner's husband died on that very day as a result of this accident. Thereafter, the present claim for compensation for a sum of Rs. 25,000/- was made before the Motor Accident Claims Tribunal, hereinafter referred to as 'the Tribunal', on September 9, 1965. An application for permission to ...
Khimchand Parshottam Vs. Shah Bhupatray Nathalal and ors.
Court: Gujarat
Decided on: Jan-21-1970
Reported in: AIR1971Guj81
1. This is a second appeal filed by the original defendant-tenant against the judgment and decree passed by the learned Assistant Judge, Bhavnagar, in Civil Appeal No. 11 of 1964, confirming the judgment and decree passed by the learned 4th Joint Civil Judge, Junior Division, Bhavnagar in Civil Suit No. 55 of 1962. 2. The plaintiffs-respondents filed Regular Civil Suit No. 55 of 1962 in the Court of the Fourth Joint Civil Judge, Junior Division, Bhavnagar, for recovery of possession of the suit godown from the appellant-defendant, on the ground that the suit premises are in old and dilapidated condition and they are required to be demolished and to construct a new building on the same. They required the suit premises reasonably and bona fide for renovation, which cannot be carried out without the premises being vacated. 3. It was their case that the disputed building was absolutely in a dilapidated condition and most of the part of the building had fallen down and there was every possi...
Dahyabhai Limjibhai and ors. Vs. Amarchand Jagjivan and anr.
Court: Gujarat
Decided on: Jan-20-1970
Reported in: AIR1971Guj73; (1971)0GLR235
ORDER1. The petitioners tenants challenge in this petition the order of the Revenue Tribunal, dated August 10, 1965, by which the Revenue Tribunal has set aside the order of the Prant Officer and has restored the order of the Mamlatdar for possession of half of the lands in question, in an application under Section 32T of the Bombay Tenancy and Agricultural Lands Act, 1948, hereinafter referred to as the Act, by respondent No. 1, certified landlord. Mr. Trivedi challenges the said order of the Tribunal on the following grounds: - (1) That the order of the Revenue Tribunal is patently erroneous in so far as it has held the mandatory condition in Section 32T(5)(c) of the Act was fulfilled. (2) That the Revenue Tribunal patently erred in holding that the landlord bonafide required the lands in question for personal cultivation. (3) That in any event, the Revenue Tribunal patently erred in holding that the doctrine of waiver recognised under Section 113 of the Transfer of Property Act co...
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