Gujarat Court November 1971 Judgments
Ananta Mills Ltd. (In Liquidation) Vs. City Deputy Collector, Ahemedab ...
Court: Gujarat
Decided on: Nov-30-1971
Reported in: (1972)GLR633
D.A. Desai, J. 1. This summons is taken out by the official liquidator of Ananta Mills Ltd. (in liquidation) (hereinafter referred to as' the company') praying for an order for raising the attachments levied by the first and second respondents on behalf of several creditors of the company and for a direction directing the second respondent to delete certain entries made in the record of rights in respect of the properties of the company pursuant to the aforementioned attachments. 2. The Indokem Private Ltd. filed Company Petition No. 8 of 1967 on March 24,1967, praying for an order for winding up the company. By an order made on September 11,1967, the company was ordered to be wound up and the official liquidator was appointed as liquidator of the company. On the same day, the liquidator took actual possession of the assets of the company. In the meanwhile, a scheme of compromise and/or arrangement between the company on the on hand and its different classes of creditors and members on...
Tag this Judgment!Life Insurance Corporation of India and anr. Vs. Kasturben Naranbhai V ...
Court: Gujarat
Decided on: Nov-25-1971
Reported in: AIR1973Guj216
J.B. Mehta, J.1. Both the insurance companies of the two vehicles which were involved in this accident have filed appeals in these two matters; while the original claimants the widow and five minor children of the deceased have filed cross objections for getting their full claim of Rs. 29000/- by way of damages.2. The accident took place on October 25, 1967, the New Year Day of Samvat 2022 at about 9-30 a. m. when the deceased compounder in the ocmpany of head compounder Devendar Chandrashankar, Ex. 92, was going to the bungalow of the Civil Surgeon, Junagadh, situated in Datar Manzil at some distance away from the Monranjan Guest House to offer his New Year greetings. The deceased at that time was walking on the footpath near the triangular children garden adjacent to the District Library near Kalwa chawk and was proceeding towards Manoranjan Guest House. The truck in question came over on the footpath from the opposite direction and collided against the Baniyan tree which got uproote...
Tag this Judgment!Vankar Bhana Rama Vs. Rai Ladu D/O Bhula Barkha and anr.
Court: Gujarat
Decided on: Nov-24-1971
Reported in: 1973CriLJ780; (1972)GLR909
ORDERS.H. Sheth, J.1. This Revision Application arises out of proceedings instituted under Sub-section (3) of Section 488 of the Code of Criminal Procedure.2. The facts of the case, briefly stated, are as under.The petitioner before me is the husband and the opponent No. 1 is his wife. The wife filed Miscellaneous Application No. 4 of 1967 in the Court of the learned Judicial Magistrate, First Class, Baria against her husband for maintenance. The learned Magistrate decided that application and ordered the husband to Pay to his wife a sum of Rs. 45/- per month for her maintenance and for the maintenance of their two children. It appears that for some time the husband paid the amount to the wife. With effect from 11th November 1967 he did not pay maintenance to his wife in terms of the order made by the learned Magistrate. He ran into arrears from 11th November 1967 to 10th March 1970 for a period of 28 months. The arrears amounted to Rs. 1260/-. Therefore, the wife filed the Present app...
Tag this Judgment!Union of India Vs. Vulcan Insurance Co. Ltd. and ors.
Court: Gujarat
Decided on: Nov-19-1971
Reported in: AIR1972Guj255
1. This appeal is directed against the judgment of the learned Judge, City Civil Court, Ahmedabad decreeting the plaintiff's suit for Rs. 4050 with future interest at the rate of 6% from the date of the suit till payment, against the Union of India, representing Western Railway, Central Railway and Eastern Railway.2. The facts giving rise to this appeal in a nut-shell are as under:-3. The plaintiff - Vulcan Insurance Company Limited filed a suit for recovering Rs. 4050 against defendant No. 1 viz. Union of India representing the Railways alleging that defendant No. 2 R. K. Dhand, owner of Arkay Traders had put an order with the Asiatic Machinery Corporation Private Limited i.e. defendant No. 4 in the suit to send five boxes of case iron plates by rail to defendant No. 3 Ambica Mills Limited, Ahmedabad. Defendant No. 4 accordingly despatched from Howrah as per railway receipt No. D-018605, invoice No. 173 of 5th December, 1956, goods worth Rs. 4000 of which defendant No. 2 was the owner...
Tag this Judgment!Patel Vallabhabhai Desaibhai Vs. Patel Manubhai Chhotalal and anr.
Court: Gujarat
Decided on: Nov-19-1971
Reported in: AIR1972Guj251
ORDER1. This Special Civil Application arises under the following circumstances; Prior to November 24, 1956, the petitioner was cultivating S.No.191 of Vina Village in Nadiad Taluka of Kaira District. This S.No. admeasures 2 acres and 13 gunthas. According to the petitioner he had been cultivating this S.No. for more than 20 years as a tenant and respondent No.1 herein was the owner of this property. According to the petitioner, since he continued to be in possession as a tenant on April 1, 1957, that being the tillers' day, he had become entitled to purchase the land as a deemed purchaser under Section 32 of the Bombay Tenancy & Agricultural Lands Act (hereinafter referred to as the Act). According to the petitioner he was paying a share of the crop to the owner as and by way of rent. On April 15, 1966, the petitioner applied to the Mamlatdar under Section 70(b) of the Act for a declaration that he was a tenant on that date in respect of this land, S.No.191 of Vina village. This Appli...
Tag this Judgment!Mehboob Usmanbhai Vs. the State of Gujarat
Court: Gujarat
Decided on: Nov-16-1971
Reported in: 1973CriLJ80
C.V. Rane, J.1. This appeal is directed against the order of conviction and sentence passed by the learned Additional Sessions Judge, Ahmedabad, in Sessions Case No. 26 of 1970 on 22.6.1970.2. The prosecution story in the above case was in brief as under. The members of muslim community had attacked the temple of Jagannathji situated outside Jamalpur Darwa is in Ahmedabad on 18.9.1969 and 12 sadhus were alleged to have been injured during the above attack. As a result of the above attack, riots broke out in Ahmedabad. The normalcy was, however, restored in Ahmedabad city from 3.10.69 onwards. On 17.10.1969 at 0.45 hours, there was an explosion in Salian Jamdar Mohalla in Dariapur. On 21.10.1969 another explosion took place at about 7.30 p.m. in Nariawad in Jamalpur locality. Lance Naik Rameshchandra who was on duty on hearing the report of the explosion, went to the actual place of explosion. The above place was situated in an open land which was known as Jay Maidan. He found some pers...
Tag this Judgment!Chhotubhai Babarbhai Patel and ors. Vs. the State of Gujarat and ors.
Court: Gujarat
Decided on: Nov-12-1971
Reported in: AIR1972Guj153
1. This appeal is directed against the judgment and decree of the learned District Judge. Bulsar at Navsari dismission regular civil appeal No. 92 of 1966 with costs.2. The facts giving rise to this appeal briefly stated are as under:-The present appellants are the agriculturists and possess agricultural lands in village Dived, taluka Bulsar, totalling about 71 acres as described in detains in annexure A attached to the plaint. They have got their farm houses and labour tenements in the said lands. The lands are situated at the foot of Parnera Hill and at some distance from the north bank of river Par. These lands were acquired by Government for Atul Products Limited which is a public limited company situated in village Dived. This company was formed in 1949 with the sole objective of manufacturing dyes chemicals and pharmaceuticals known as Aureomycin. Sulfadazine and Sulfathiasole etc, and though the company applied for compulsory acquisition of more than 900 acres of agricultural la...
Tag this Judgment!indulal Kanaiyalal Yagnik Vs. Prasannadas D. Patwari and ors.
Court: Gujarat
Decided on: Nov-10-1971
Reported in: AIR1972Guj92; (1972)GLR269
Bhagwati, C.J.1. This appeal under Clause 15 of the Letters Patent is directed against a decision given by Mr. Justice Divan on a preliminary issue in Election Petition No.1 of 1971 holding that the election petition filed by the first respondent is properly constituted and is not liable to be dismissed on account of non-joinder of one Vasudev Tripathi. The election petition was filed by the first respondent challenging the election of the appellant who was declared elected as a member of the House of the People from the Ahmedabad City Constituency. The election was challenged on various grounds which included inter alia allegations of corrupt practice within the meaning of sub-sections (2) and (3) of Section 123 of the Representation of the People Act, 1951. The appellant contested the election petition and one of the contentions raised by him in an amended paragraph introduced in the written statement was that there were allegations of corrupt practice made in the petition against Va...
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