Gujarat Court July 1971 Judgments
Thakkar Anandhi Parshottamdas and ors. Vs. Dharamshi Kalabhai and ors.
Court: Gujarat
Decided on: Jul-28-1971
Reported in: AIR1972Guj70; (1972)GLR819
1-5. * * * * * 6. It will be worthwhile to consider the Civil Application No.1328 of 1971 given by the appellants before dealing with the question on merits. According to the appellants, except respondent No.3 and the members of his family, other respondents had not come to India until now. It is also stated that all the respondents except respondent No.3 have accepted the citizenship of Africa and they are already settled there. It was further urged that the respondents had kept two flats in Bombay which were lying vacant and therefore, they did not require the suit premises at Visavadar. The pertinent question which arises for my consideration is whether sitting in a second appeal, it would be open to me to take into consideration the subsequent development which has taken place after the decree was passed by the first appellate court. I entirely agree with the learned Advocate for the respondents that by considering this application, virtually, I would permit the appellants to lead ...
Tag this Judgment!Special Land Acquisition Officer, Baroda Vs. Sushilaben Chhanganlal Th ...
Court: Gujarat
Decided on: Jul-28-1971
Reported in: AIR1972Guj189
Thakkar, J.1. A question of some complexity relating to the valuation of land held by a tenant who has become a deemed purchaser in respect of the land in question under Section 32 of the Bombay Tenancy and Agricultural Lands Act, 1948, (hereafter referred to as the 'Tenancy Act'), in the even of the event of the acquisition of such lad has raised its head in the present matter.2. Pursuant to a notification under Section 4 of the Land Acquisition Act published on May 21. 1962, lands comprised in S. Nos. 437/1 to 437/5, 437/7, 437/8 & 368 situated in village Tarsali in the Baroda District were notified for acquisition for a public purpose. Before the Land Acquisition Officer compensation was claimed by the landlady in respect of her interest in the land and by respondent No. 2 Himat Mohmad in respect of tenant's interest in the land held by him. By reason of the fact that the tenant had become a deemed purchaser under Section 32 of the Act, the Land Acquisition Officer came to the concl...
Tag this Judgment!Gujarat Electricity Board Vs. S.A. Jais and Co. and ors.
Court: Gujarat
Decided on: Jul-28-1971
Reported in: AIR1972Guj192
J.B. Mehta, J. 1. The Gujarat Electricity Board has, filed the appeal against the trial Court's decree which was passed in favour of plaintiff No.1 firm consisting of the two partners-plaintiffs 2 and 3 in respect of the contract for excavation of the sea bed tank. The trial Court had decreed the plaintiff's claim of extra rates-(1) for rock cutting work; (2) for extra dewatering for the concrete bed and masonry walls; and (3) for transport on account of increased bulkage of loose earth. The trial Court had also decreed the plaintiffs' claim for the refund of electricity charge in excess of two annas per unit and the interest amount was allowed, on the plaintiffs' claim of Rupees 6,000/- on equitable grounds. The trial Court had disallowed the claim of refund of the penalty amount of Rs.4107/-. the Gujarat Electricity Board has, therefore, challenged this decree in this appeal and the plaintiffs have filed their cross-objections limiting their claim to the amount of Rs.50,000/-2. The f...
Tag this Judgment!Kurji Jinabhai Kotecha Vs. Ambalal Kanjibhai Patel
Court: Gujarat
Decided on: Jul-28-1971
Reported in: AIR1972Guj63; (1972)GLR334
ORDER1. The petitioner herein is the original defendant and the opponent is original plaintiff. The plaintiff had filed a suit being Regular Civil Suit No. 78 of 1966, which was pending for hearing and final disposal in the Court of the learned Third Joint Civil Judge (Junior Division) at Rajkot. The averment in the plaint was that the plaintiff had entered into an agreement to purchase 12 plots of non-agricultural land of Survey No. 443 which plots were situate on Kalawad Road in Rajkot; and the defendant was the owner and was in possession of the said land. It was contended by the plaintiff that the defendant had entered into the agreement on March 27, 1964 with the plaintiff to sell 12 plots of land aggregating in all to 5280 sz. yds. out of Survey No. 443 to the plaintiff and the plaintiff had paid a sum of Rs. 4,000/- as earnest money towards that agreement to purchase. It was agreed between the parties that the plaintiff should get the conveyance of he said land executed in his f...
Tag this Judgment!Amratlal Ramanlal and ors. Vs. the State of Gujarat and ors.
Court: Gujarat
Decided on: Jul-21-1971
Reported in: AIR1972Guj260
ORDER1. The petitioners challenge various orders passed by the educational authorities on the ground that the impugned orders are arbitrary and discretionary.2. Shortly stated the facts are that the petitioners are the trustees of the 'New Education High School Trust, petlad', a public trust registered under the Bombay Public Trusts Act, 1950. The trust is conducting a secondary school for girls in town of Petlad namely 'New Education Girls' High School'. One Mrs. S. P. Kothari was appointed as a Head-mistress of the said school on and from June 12, 196 for a period of one year on probation. The management of the School had made rules regarding the conditions of employment and service of teachers. The said rules divide the teachers in two categories, namely, permanent teachers and non-permanent teacher. Non-permanent teachers include temporary teachers and teachers on probation. Rule 11 of the Rules provides that service of non-permanent teachers may be terminated by the management at ...
Tag this Judgment!Ambalal Morarji Soni Vs. Union of India and ors.
Court: Gujarat
Decided on: Jul-20-1971
Reported in: AIR1972Guj126; (1972)0GLR117
Divan, J.1. The petitioner herein is a goldsmith carrying on business of a dealer in gold ornaments and is the holder of a certificate issued under Section 39 of the gold (Control) Act, 1968, for carrying on business as a certified goldsmith. On May 7, 1969, the residential premises of the petitioner were searched by the officers of the respondents viz., the Union of India, the collector or Central Excise and Customs; and Superintendent (Technical), Central Excise and Customs; and at the time of the search gold and gold ornaments in all weighing 4455 grams were seized under the relevant Panchanama. On November 8, 1969, the petitioner received two show-cause notices, both dated November 3, 1969. One of the show-cause notices was issued under the provisions of the Customs Act, 1962; and the other was issued under the provisions of the Gold Control Act. The notice under the Customs Act was issued by the collector or Central Excise. Baroda, the second respondent herein and the notice under...
Tag this Judgment!Chimanlal Chhaldas Patel Vs. Lilachand Veniram Panchal and anr.
Court: Gujarat
Decided on: Jul-15-1971
Reported in: AIR1972Guj26; (1971)GLR732
P.D. Desai, J.1-9. X X X 10. Ordinarily we would have concluded our judgment having disposed of the contempt application but this case has helped to bring to our notice a practice or procedure which appears to have developed in the City Civil Court, the legality of which, in our opinion, is open to serious doubt. By the order dated December 3, 1966 passed below the application of the commissioner, who was appointed by the Court to make inventory of the goods and machinery lying in the factory of the first respondent, the commissioner was directed inter alia to take 'usual undertaking' and further directed to seal the factory in the event of such 'usual undertaking' being not given by the person present at the time of making the inventory. When this order came to our notice, we were unable to appreciate the significance of the expression 'usual undertaking' and we had, therefore, directed the learned Judge in the City Civil Court who had passed the order to make a report to us focusing ...
Tag this Judgment!Patel Bachubhai Vs. Bai Lalita and ors.
Court: Gujarat
Decided on: Jul-14-1971
Reported in: AIR1972Guj31
1. This is an appeal against the judgment and decree of the learned Assistant Judge. Ahmedabad (Rural) at Narol allowing civil appeal No. 70 of 1964 and setting aside the order passed by the learned Joint Civil Judge. Junior Division Dholka.2. The facts giving rise to this appeal are simple. The present respondent had filed regular darkhast No. 71 of 1963 against the present appellant in the court of the learned Joint Civil Judge. Junior Division. Dholka for executing a decree passed, against him and his mother who had since died in regular civil suit No. 131 of 1949 for recovering decretal dues amounting to Rs. 7929-81 paise by attachment and sale of immovable properties belonging to the deceased father of the judgment - debtor. The attached properties consisted of a house situated at Bavla, a small town in Dholka taluka, and two fields at village Sindhrej in the said taluka. The present appellant by his reply Ex. 15 opposed the said application and contended inter alia that the prese...
Tag this Judgment!Shubhkaran Rameshwarlal Agarwal Vs. Durgaprasad Private Ltd.
Court: Gujarat
Decided on: Jul-12-1971
Reported in: AIR1972Guj208; (1972)0GLR179
1-9. * * * * 10. In my opinion the learned District Judge was in error in treating the statement of accounts, Ex.26, as an additional evidence for purposes of proving the payment of money appearing in the books of accounts in the respondent-Company so as to charge the appellant-defendant with the liability for the amount due at the foot of the said accounts. There appears to be some confusion about the evidentiary value of the entries in books of account. Though the entries from the books of accounts may be relevant for the purposes of determination of any question, they cannot be the sole basis for fixing the liability upon a person to whose account the payments may have been debited in the books. The provisions of Section 34 are clear enough and they have been constantly interpreted as laying down a rule of evidence that the entries in the books of accounts would not be sufficient for purposes of fixing the liability against a person. There should additional evidence, independent, of...
Tag this Judgment!Jagannath L. Pandya and anr. Vs. Manilal Nathulal
Court: Gujarat
Decided on: Jul-12-1971
Reported in: AIR1972Guj145
1. The only question that arises in this appeal is, whether the appellant No.1 has sublet, transferred or assigned his interest in the suit premises to appellant No.2 unlawfully and, therefore, liable to be evicted? The question arises in the following circumstances.2. The appellant No.1 was a tenant of a portion of the residential house known as 'Krishna-Nivas' situated in Limda land belonging to the respondent-plaintiff in the city of Jamnagar and it consisted of two blocks for which he had agreed to pay a monthly rent of Rs.70/- only. The appellant No.1 is a partner in the firm carrying on business of stewarding and lending Agent under the name and style of P.L. Pandya and Co., consisting of five partners and having its offices at Bombay, Bhavnagar, Otha, Veravar, Gandhi-dham, Kandla and Porbandar. The appellant No.1 was looking after the office at Jamnagar and he was required to go to the office at Bombay in about the month of July, 1963. Therefore, he shifted to Bombay with his fa...
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