Gujarat Court August 1970 Judgments
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The State of Gujarat Vs. Dashrathlal Natwarlal Patel
Court: Gujarat
Decided on: Aug-28-1970
Reported in: 1971CriLJ1244; (1971)GLR648
M.P. Thakkar, J.1. The State has preferred this appeal against the order of acquittal passed by the learned City Magistrate. 3rd Court, Ahmedabad, on July 26, 1968. The respondent was tried for offences Under Sections 279 and 338 of the Indian Penal Code and for offences Under Sections 112 and 116 of the Motor Vehicles Act. The learned Magistrate came to the conclusion that it was not proved beyond reasonable doubt that the respondent was the driver of the vehicle which caused the injuries to the victim of the accident. In this view of the matter, he acquitted the respondent.2. It is not necessary to examine the evidence in this matter with a view to ascertain whether the assessment' of the evidence made by the learned Magistrate is correct. The order passed by the learned Magistrate cannot be sustained by reason of a fundamental defect in the procedure followed by him. It appears that originally no charge Under Section 338 of the Indian Penal Code was levelled. In the course of the tr...
Tribhovandas Purshottamdas Thakkar Vs. Chimanlal Keshavlal Rana and or ...
Court: Gujarat
Decided on: Aug-21-1970
Reported in: (1971)12GLR556
S.H. Sheth, J.1. The plaintiff has filed the present suit for a declaration that he is the tenant of the defendants in respect of the suit premises and for a permanent injunction to restrain the defendants from interfering with his possession of the suit premises.2. The facts of the case, briefly stated, are as under. On 7th February 1956 the defendants let out to the plaintiff a shop wherein the plaintiff had been carrying on business since the date of its letting. He quietly and peacefully carried on his business until 28th September 1963. On that day he appears to have closed his shop and gone out for a pilgrimage. On 13th December 1963 the plaintiff returned from his pilgrimage. On his return when he went to his shop he found to his dismay and surprise that his shop and the building of which it was a pare were demolished by the defendants. They had put up a new construction thereon. Actually the construction was in progress. According to the plaintiff on 14th December 1963 he went ...
Shantilal Popatlal Kotak Vs. Ramniklal Mohanlal Ashra and anr.
Court: Gujarat
Decided on: Aug-21-1970
Reported in: (1971)12GLR685
M.P. Thakkar, J.1. This appeal is directed against an order of acquittal passed by the learned Judicial Magistrate, First Class, Rajkot in Criminal Case No. 1084 of 1967. Respondent No. 1 was prosecuted under Section 11(l)(a) and Section 52 of the Bombay Shops and Establishment Act, 1948, hereinafter referred to as 'the Shops Act', on the charge of having kept his shop open beyond 8-30 p.m. The fact that the shop was kept open after 8-30 p.m. is not seriously in dispute. What is in dispute is whether the provisions of the Shops Act are applicable to the premises where respondent No. 1 is carrying on his cloth printing activity. It appears that respondent No. 1 employs 9 to 10 employees for printing sarees on the premises in question. It is not clear as to whether the sarees which are printed on the premises are printed on the cloth belonging to the customers or whether the same are printed on cloth belonging to respondent No. 1. That a number of employees are employed and the work of p...
Ajitsing Hakamsing Vs. Labhkaur Wife of Ajitsing Hakamsing and anr.
Court: Gujarat
Decided on: Aug-12-1970
Reported in: 1971CriLJ888; (1971)GLR509
ORDERJ.M. Seth, J.1. This is a revision Petition filed by the husband, the opponent in Miscellaneous Application No. 9 of 1969, against his wife, the petitioner in that case, against the order passed by the learned City Magistrate, 5th Court, Ahmedabad, directing him to pay Bs. 100/. per month with effect from 29.1. 1969. the date of application towards, her maintenance and to pay Rs. 100/- by way of costs to the wife. It was a proceeding taken out by the wife against her husband for maintenance Under Section 488 of the Criminal Procedure Code on the ground that she was the legally wedded wife and her husband had neglected and/or refused to maintain her.2. The marriage between the parties took place sometime in the year. 1942 A. D. as mentioned in the agreement, Ex. 4. dated 16-1.1965. During that wed.look, one son named Sukhdev was born who has now become major. As the husband was illtreating the wife and furthermore, he had kept a mistress named Pushpa Lilaram, she had started residi...
Parshuram Potterv Works Co. Ltd. Vs. D.R. Trivedi, Wealth-tax Officer, ...
Court: Gujarat
Decided on: Aug-06-1970
Reported in: [1975]100ITR651(Guj)
P.N. Bhagwati, C.J.1. This petition challenges the refusal of the revenue authorities to rectify orders of assessment to wealth-tax made on the petitioner for the assessment years 1957-58, 1958-59 and 1959-60. In the course of the assessment proceedings, the petitioner claimed to deduct in computation of the net wealth on the relevant valuation date a certain amount each year in respect of provision for taxation but the claim was disallowed on the ground that the amount provided for tax liability did not constitute 'debt owed' from the petitioner on the relevant valuation date within the meaning of section 2(m) of the Wealth-tax Act, 1957. The Wealth-tax Officer accordingly added back the amounts claimed by way of deduction and computed the net wealth of the petitioner on that basis. The orders of assessment for the respective assessment years 1957-58, 1958-59 and 1959-60 were made on 22nd September, 1958, 28th September, 1958, and 27the October, 1959. The petitioner did not prefer app...
Bai Meghi Sajan and ors. Vs. Harijan Neja Khima and anr.
Court: Gujarat
Decided on: Aug-04-1970
Reported in: 1971CriLJ717; (1971)GLR469
ORDERJ.M. Sheth, J.1. This is a reference made by the learned Additional Sessions Judge, Rajkot District, Gondal, Under Section 438 of the Criminal P.C., recommending that the order passed by the learned Judicial Magistrate, First Class, Jetpur in Misc. Criminal Application No. 19 of 1969 dismissing the application filed by the petitioners against opponent No. 1 (husband of petitioner No. 1) for want of jurisdiction dated 9-3-1970, be set aside, and for giving a further direction to the learned Magistrate that he should entertain the application and dispose it of in accordance with the law.2. The facts giving rise to this reference, briefly stated, are as under:The petitioners filed a maintenance proceeding Under Section 488 of the Cr.PC against opponent No. 1. Petitioner No. 1. Bai Meghi had formerly married one Mepa Bhima, brother of opponent No. 1 and through the said Mepa, she had begotten two daughters-Kisu & Mangu- petitioners Nos, 2 and 3. On the death of Mepa, she contracted re...
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