Gujarat Court June 1971 Judgments
The State of Gujarat Vs. Abdul Rehman Ismail Gurji and anr.
Court: Gujarat
Decided on: Jun-25-1971
Reported in: 1972CriLJ1101
ORDERJ.H. Sheth, J.1. This is a reference made by the learned Sessions Judge, Panch-mahals at Godhra in Criminal Revision Application No. 5 of 1971, recommending that the order passed by the Special Judicial Magistrate. First Class, (Railways). Godhra on two statements of the accused, dt. 19th April, 1970 & 7th October, 1970 one of opponent Yusuf Abdul Rahim and the other of opponent Abdul Rehman in Cri. Case No. 1329 of 1970, sought to be produced on behalf of the complainant, were inadmissible in evidence, be set aside, and to direct the learned Magistrate to admit them into evidence and to proceed further with the trial.2. The two opponents were tried in the aforesaid criminal case before the Special Judicial Magistrate, First Class (Railways). Godhra. for an offence punishable under Section 3 of the Railway Property (Unlawful Possession) Act (No. 29 of 1966) (which will be hereinafter referred to as 'the Act').3. The facts giving rise to the aforesaid prosecution were as under:The ...
Tag this Judgment!Dilipbhai Chhotalal Dave Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jun-25-1971
Reported in: (1971)12GLR999
B.J. Divan, Ag. C.J.1. The petitioners in these two Special Criminal Applications are both accused persons in a case going on before the learned Additional Sessions Judge for the City of Ahmedabad. The case, we are informed, has commenced on August 18, 1970, and it has been going on since then and involves, according to the prosecution, criminal misappropriation to the extent of Rs. 25 lakhs. It is the prosecution case that the accused entered into a conspiracy and did in pursuance of that conspiracy criminally misappropriate this amount from the funds of the Central Bank of India. The Bank has been joined as the second respondent in these two petitions.2. The grounds which have been set out in the two petitions are the same and common arguments have been advanced in both the petitions. The petitioner's case in Special Criminal Application No. 8 of 1971 is that this criminal case was instituted against the accused as a result of the first information report given by the Internal Audito...
Tag this Judgment!The Patel Mills Co. Ltd. Vs. the Textile Labour Association and anr.
Court: Gujarat
Decided on: Jun-18-1971
Reported in: (1972)0GLR519; (1973)ILLJ143Guj
Divan, Ag. C.J.1. The petitioner herein is a limited company and is engaged in the business of manufacturing textiles. The petitioner's factory is situated at Ahmedabad and the petitioner is governed by provisions of the Bombay Industrial Relations Act, 1946 (Bombay Act No. 11 of 1947) (hereinafter referred to as the Act) in the matter of its relation with its employees. The respondent is a representative-union of the workers working in the petition's factory and in the matter of payment of bonus the petitioner-company is governed by the Payment of Bonus Act, 1965 (hereinafter referred to as 'the Bonus Act'), 2. In the accounting year 1967, the petitioner-company had incurred a loss of about Rs. 5,90,000 without any provision being made for depreciation and, therefore, it had not declared any bonus for its employees. The respondent-union made a demand for the payment of minimum bonus under S. 10 of the Bonus Act from the petitioner-company. As the petitioner-company did not agree to th...
Tag this Judgment!Thacker Madhavji Meghaji Vs. Lalji Purshottam
Court: Gujarat
Decided on: Jun-18-1971
Reported in: AIR1972Guj37; (1971)GLR980
1. This appeal is directed against the judgment and decree of the learned District Judge. Kutch in civil regular appeal No.21 of 1964 allowing the appeal and setting aside the decree of the lower court in regular civil suit No.224 of 1962 and decreeing the plaintiff's suit for possession of the suit premises.2. The, facts giving rise to this appeal briefly stated are as under:--The house bearing Municipal Census Nos. 705 and 706 described in details in the plaint belonged to the respondent Lalji Purshottam. The said house was mortgaged with possession for a period of 99 years to Lohana Saraswati Kanyashala, hereafter referred to as the mortgagee, as per mortgage deed Ex.40. The mortgage deed specifically permitted the mortgage to lease out the said property during the subsistence of the mortgage. The mortgagee agreed to lease in favour of the present appellant Thacker Madhavji Meghaji. The lease was from month to month and the rent was fixed at Rs.12/- per month. Thereafter, on 15-3-19...
Tag this Judgment!Pandya Vinodrai Ramrai Vs. Lavar Prabhudas Nathuram and ors.
Court: Gujarat
Decided on: Jun-16-1971
Reported in: AIR1972Guj204
1. This second appeal is directed against the judgment and decree of the District Judge Judge, Mehsana, in Regular Civil Appeal No. 173 of 1969, confirming the judgment and decree of the Civil Judge (J. D.) Visnagar in Regular Civil Suit No. 142 of 1968 dismissing the said suit on the preliminary ground that the suit for redemption of mortgage under an alleged unregistered mortgage deed was not maintainable. The facts leading to this appeal are, shortly, as under:-2. The appellant Pandya Vinodrai Ramraj filed a suit against the respondents Nos. 1/1 to 1/4 who were the heirs and legal representatives of one Lavar Prabhudas Nathuram for redemption of mortgage of a house situated at Visnagar and alleged to have been created by the predecessors-in-title of the appellant and respondents Nos. 2 to 7 on January 19, 1910 for securing the repayment of the amount of Rs. 75/- lent by one Nathuram Dalchha who happened to be the grandfather of respondents Nos. 1/1 to 1/4. The appellant herein befor...
Tag this Judgment!The State of Gujarat Vs. Shantaben
Court: Gujarat
Decided on: Jun-14-1971
Reported in: AIR1972Guj108; (1972)0GLR170
ORDER1. This revisional application raises a question as regards the quantum of court-fees payable on a succession certificate in respect of shares in a Limited Company which stood in the name of the deceased as the Karta of a Hindu coparcenary and which would therefore devolve by the rule of survivorship on the remaining coparceners on the death of the Karta subject, of course, to the provisions contained in the Hindu Succession Act, 1956. The opposite party applied for the certificate in question as the widow of the deceased Acharatlal Asharam alleging that the shares were held by the deceased as the Manager of the Hindu undivided family and that the deceased had only 1/5th share as coparcener in those shares. The deceased died on 15-3-1969 leaving behind him his widow, that is, the petition, (opposite party before this court), three sons and four daughters. The petitioner contended that the deceased had 1/5th share only. The petition for succession certificate was given in the City ...
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