Gujarat Court July 1970 Judgments
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The Nagri Mills Co. Ltd. Vs. the Textile Labour Association
Court: Gujarat
Decided on: Jul-15-1970
Reported in: (1971)12GLR417
B.J. Divan, J.1. The petitioner herein a Public Limited Company registered under the Indian Companies Act and carries on, inter alia, the business of manufacturing cotton textiles. The respondent is a representative Union registered under the provisions of the Bombay Industrial Relations Act, 1946 (hereinafter referred to as the Act). On August 7, 1958, in Reference No. 18 of 1956, the Industrial Court gave its award regarding standardization of duties of different employees in the textile industry at Ahmedabad and the duties of doffers were standardized by this award and their wages were also standardized. Thereafter on July 22, 1962, an agreement was arrived at between the petitioners and the respondent Union and by this agreement, the award pertaining to the duties of doffers was modified; and under the terms of this agreement this modification of the award became effective from July 30, 1962. On March 9, 1965, the respondent Union filed an application before the Labour Court, Ahmed...
Bai Devkabai and ors. Vs. Shah Shamji Mulji
Court: Gujarat
Decided on: Jul-13-1970
Reported in: AIR1971Guj256
1. This appeal is directed against the decision of the learned District Judge of Kutch at Bhuj in Civil Regular Appeal No. 41 of 1962 from the decree passed by the learned Civil Judge, Junior Division, Mundra, in Regular Civil Suit No. 34 of 1959. The learned Judge has thereby confirmed the decree passed by the learned trial Judge. The decree passed is one of specific performance of the agreement to sell dated August 11, 1958, and for possession of the properties from the defendants. The decree is in respect of properties listed at items Nos. 1, 3 & 4 described in Schedule II to the plaint. Property No. 2 was ordered to remain in possession of defendant No. 6. named Bai Devakabai, widow of Shripal Jadav, as she was to enjoy it during her life time. It was ordered that after her death the plaintiff will get possession of property from her.2. The plaintiff's suit was for specific performance of an agreement to sell, Ex. 18, dated August 11, 1958. The property consisted of one residential...
Chandrakant Madhavrao Bhaiber Vs. Gajendrakumar Sunderlal Shah
Court: Gujarat
Decided on: Jul-13-1970
Reported in: (1971)12GLR551
A.D. Desai, J.1. The petitioner is the owner of the house known as Killeder's Haveli, situated on the Gendi Gate Road at Baroda. The house consists of ground-floor, first-floor and second floor. There are two tenants on each of the floors. The tenants of the ground floor have a separate common latrine and bath-room for their use. The tenants on the first and second floor have a common latrine and bath room on the first floor for their use. The opponent was the tenant in respect of one room on the second floor. This room was rented by the petitioner to the opponent for his residence. In the beginning of the tenancy the opponent stayed with his mother who resided therein for 3 or 3A month. The opponent is a bachelar and carried on the business of taking contract for doing printing work for the cotton mills at Baroda. The opponent started this business some time after he came to reside in the premises. The other tenants on the first and second floors have in all 15 members in their family...
Bharat Pvt. Ltd. Vs. the Union of India (Uoi)
Court: Gujarat
Decided on: Jul-10-1970
Reported in: (1971)12GLR378
Y.D. Desai, J.1. The appellant-plaintiff filed a suit being City Civil Suit No. 184 of 1961 for a declaration that the freight rate charged by the Western India Railway in respect of the plaintiff's consignments of wood from Canada was unauthorised and wrongful and that the correct freight rate was Re. 0-12-1 and not the freight rate at Rs. 1-11-8 charged for carrying freight of maple wood. He, therefore, sued to recover Rs. 5349-3-0 by way of refund as being the excess amount of freight recovered from him.2. The appellant had received a consignment of blocks of Canadian wood for manufacture of Bobbins from Canada. Those pieces of wood were despatched in 5 wagons from the Bombay Port Trust to the Railway Station at Kankaria between 27th to 31st October, 1955 and of the five receipts prepared one was made out describing the wood as 'brich maple wood blocks' and in the receipts regarding the four other consignments the wood was described to be 'brich wood'. It was claimed that the freigh...
Patel Ramibhai Danabhai and ors. Vs. A.S. Tambe, Sales Tax Officer
Court: Gujarat
Decided on: Jul-08-1970
Reported in: (1971)12GLR451
T.U. Mehta, J.1. The petitioners in all these petitions have challenged the vires of Section 33(6) of the Bombay Sales Tax Act of 1959 (hereafter referred to as the Act of 1959) and Section 14(6) of the Bombay Sales Tax Act of 1953 (hereafter referred to as the Act of 1953) on the ground that they offend the provisions of Article 14 of the Constitution, in as much as, the class of persons covered by these sections is also covered by Section 35 of the Act of 1959 and Section 15 of the Act of 1953 and hence, the authorities administering the provisions of these two Acts, have unfetterred liberty to pick and choose indiscriminately for action contemplated by these sections.2. Before dealing with the controversial points, it would be necessary to state shortly the facts relating to each of these petitions.3. Taking first Special C.A. 191/68, the facts are that petitioners Nos. 1, 4, and 6 previously formed partnership under the name of M/s. Laxmi Vijay Saw Mill and that partnership was run...
State of Gujarat and anr. Vs. Nathubhai Manilal Desai
Court: Gujarat
Decided on: Jul-07-1970
Reported in: (1971)12GLR265
J.M. Sheth, J.1. This is a reference made under Section 438 of the Criminal Procedure Code by the learned Sessions Judge, Mehsana, in Criminal Revision Application No. 69 of 1969 filed by the State of Gujarat and one another against the opponent-accused, recommending that the order passed by the learned Judicial Magistrate, First Class, Visnagar, in Criminal Case No. 1311 of 1968, that he has no jurisdiction to try the offence punishable under Section 27 of the Industrial Disputes Act, 1947 (which will be hereinafter referred to as the Act), and the complaint be returned to the original complainant for presentation to a proper Court. This order is dated 30th September, 1969.2. Being dissatisfied with that order, the State of Gujarat and the Assistant Commissioner of Labour, Ahmedabad filed the aforesaid revision petition in the Sessions Court at Mehsana.3. The Assistant Commissioner of Labour filed a complaint against the opponent-accused for the offence punishable under Section 27 of ...
Jivanlal Maganlal Patel and ors. Vs. Mangaldas Joshi and anr.
Court: Gujarat
Decided on: Jul-02-1970
Reported in: (1971)0GLR187; [1971]27STC419(Guj)
Mehta, J.1. The short question which arises to be considered in this case is whether a transferee of a business who has incurred liability to pay the sales tax under section 19(4) of the Bombay Sales Tax Act, 1959, is entitled to a notice of pending assessment proceedings against the transferor under the said Act. 2. The facts of this case are that the petitioners are partners of a firm running its business under the name of 'Reliable Engineering Works'. In the year 1961 there was one person named Mugadi Miya Kherati Miya, who was conducting his business under the name of 'Azad Moulding Works'. The said business was taken over on 1st November, 1961, by the then partners of the firm of the petitioners. The petitioners' firm, Reliable Engineering Works, was constituted at that time by four partners, two of whom were petitioners Nos. 1 and 2. Jivanlal Maganlal Patel and Maneklal Maganlal Patel, the other two being Ishwerlal Sankalchand Patel and Chandrakant Chimanlal Shah. It is not in di...
Ramanlal Bhogilal Patel Vs. N.H. Sethna and anr.
Court: Gujarat
Decided on: Jul-02-1970
Reported in: 1971CriLJ435; (1970)GLR1014
P.N. Bhagwati, C.J.1. This patitions chalenges an order dated 21st June 1970 passed by the Commissioner of Police, Ahmedabad, Under Section 144, Sub-section (1) of the Criminal P. O. The order directs the petitioner that he should not enter or reside in or do or cause to be done any act either by speech or by conduct which would cause incitement, within the area specified in the schedule. The argument of the petitioner is that this order is beyond the terms of Section 144, Sub-section (1) in aa much as it directs the petitioner in the guise of a negative injunction to do a positive act namely, to leave the epeoified area, which ia not permissible Under Section 144, Sub-section (1). Now if we have regard to the language of Section 144, Sub-section (1), it is clear that what it authorizes the Commissioner of Police to do ia to direct anypereon to abstain from a certain act or to take certain order with certain property in his possession or under his management. We are not concerned here ...
Modji Ladhuji Vs. K.P. Vasu Nambeesan
Court: Gujarat
Decided on: Jul-01-1970
Reported in: [1971(22)FLR350]; (1971)ILLJ155Guj
P.D. Desai, J.1. This petition raises the question of the constitutional validity of rule 3015 of the Establishment Manual of the Western Railway and it arises in these circumstances. 2. The petitioner is a non-gazetted servant in the employment of Western Railway. He was appointed in the post of a khalasi/coolie by the then B.B. & C.I. Railway on November 29, 1931. He was promoted as a train examiner on September 6, 1954. By a letter dated July 30, 1956, the petitioner was confirmed in the post of train examiner with effect from the date of his promotion, i.e., September 6, 1954. The petitioner continued to hold the post till he was made to retire from service with effect from July 26, 1967, by an order dated July 25, 1967, passed by the Divisional Mechanical Engineer (Establishment), Western Railway, Rajkot, the first respondent herein, on the ground that he was found medically unfit to hold the post. The order is annexed as Ex. 'C' to the petition and also as Ex. 'B' to the affidavi...
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