Gujarat Court November 1972 Judgments
Madhukantaben Vs. the State of Gujarat and anr.
Court: Gujarat
Decided on: Nov-30-1972
Reported in: AIR1973Guj176; (1973)0GLR506
J.B. Mehta, J.1. The plaintiff - appellant's suit challenging the two acquisition notifications and for an injunction restraining the defendant Government from taking possession of the lands in question having been dismissed by both the Courts the plaintiff has filed the present second appeal. When it came up before the learned Single Judge. as there was some conflict between the decision of the Supreme Court in Ratilal's case AIR 1970 SC 984 and the decision of the Division Bench. the learned Single Judge has referred this matter to the Division Bench and accordingly it has come up before us.2. The notification under Section 4 was issued on August 1. 1954, acquiring these two lands of the petitioner along with the other lands for the public purpose viz. for the Kaumudi Co-operative Housing Society Ltd., Dabhoi. Section 6 notification was issued on December 14. 1958. The plaintiff's father in whose name the land stood on the record expired on March 15. 1957. It was therefore. the plain...
Tag this Judgment!Harisondas Chunilal Chokshi Vs. Prabhavatiben
Court: Gujarat
Decided on: Nov-30-1972
Reported in: AIR1973Guj240; (1973)GLR438
P.D. Desai, J.1. an interesting and important question as to the interpretation of sub-section (4) of Section 11 of The Bombay Rents, Hotel and Lodging arises in this civil revision application House Rates Control Act 1947 thereinafter referred to as ('the act') as well as relating to its constitutional validity similar questions were also raised in four other civil revision applications,. we have heard the learned Advocates appearing in those applications as well when this matter was called on for hearing. This judgment will, therefore, dispose of common questions of law involved in all the five matters.2. The opponent is the landlord of a residential building bearing Census No.S.H./2/130 situate in Birasa's Pole in the City of Baroda, The Petitioner is a tenant in possession of a part of the said building, namely, four rooms on the third floor (hereinafter referred to as the suit premises) at Rs.90/- as rent per month. The opponent filed a suit, being Regular Civil suit No.586 of 197...
Tag this Judgment!Roshanali Akbaralli and ors. Vs. Nabiji Nathaji Vohra (Deed.) His Lega ...
Court: Gujarat
Decided on: Nov-30-1972
Reported in: (1974)15GLR116
T.U. Mehta, J.1. This is an appeal filed under Section 72(4) of the Bombay Public Trusts Act, 1950 (which is hereinafter referred to as the Act) and it raises rather an important question of law as regards the procedure to be adopted by the Assistant Charity Commissioner during the course of an inquiry contemplated by Section 19 of the Act. It also raises the question as regards the revisional jurisdiction of the Charity Commissioner under Section 70A of the Act.2. Following in brief are the facts out of which this appeal arises. On 15th April, 1932 one Husemkhan Ahmedkhan Pathan filed an application under' Section 18 of the Act for registration of a public trust under the name of Chhani Masjid. Consequent upon this application, inquiry No. '499/52 was undertaken by the concerned Assistant Charity Commissioner, Baroda. Eventually, the trust was registered under the provisions of the Act on 9th June, 1953 and was given No. B/553. The trust 'claimed some properties said to have been gift...
Tag this Judgment!Aher Mesa Hamir Vs. Charan Shamla Sura
Court: Gujarat
Decided on: Nov-28-1972
Reported in: (1973)14GLR812
D.P. Desai, J.1. This matter arises out of an order passed on an interlocutory application for an ad-interim injunction under order 39 of the Code of Civil Procedure in a suit filed by the opposite party for a declaration that the plaintiff is the owner and a person in possession of a field Survey No. 38, for confirmation of his possession of that field and for a permanent injunction restraining the defendant (present petitioner) from interfering with plaintiff's lawful possession of the suit field. This very field was the subject matter of a proceeding under Section 145 of the Code of Criminal Procedure (hereinafter referred to as 'the Code'), wherein the learned Magistrate by his order dated September 25, 1970 declared that the petitioner (defendant) was in actual possession of the land in dispute on June 22, 1970. The learned Magistrate also declared that the petitioner was entitled to possession thereof until evicted in due course of law. The opposite-party i. e. present plaintiff ...
Tag this Judgment!P. Datani and Co. Vs. State of Gujarat
Court: Gujarat
Decided on: Nov-28-1972
Reported in: (1973)14GLR809
S.H. Sheth, J.1. This Civil Revision Application is directed against the order of the Taxing Officer.2. The plaintiff filed the present suit against the defendant to recover a sum of Rs. 12,798.33. During the pendency of that suit, the dispute between the parties was referred to arbitration. The arbitrator made his award on March 27, 1969, by which he awarded to the plaintiff a sum of Rs. 406.78 and rejected the rest of his claim,3. The award was filed in the Court. The plaintiff filed objections to the award. They were rejected by the trial Court and the trial Court made the following composite order:The plaintiff's application, Ex. 131, is dismissed. The plaintiff's objections against the award are disallowed. It is further ordered that the award, Ex. 130, is hereby made a rule of the Court. Decree in terms thereof be passed.4. Against that order, the plaintiff has filed in this Court First Appeal Stamp No. 1658 of 1970. He paid on the Memorandum of Appeal a court-fee of Rs. 5/-. The...
Tag this Judgment!Patel Amarshibhai Dharamshibhai and anr. Vs. Lakadia Kantilal Damodar ...
Court: Gujarat
Decided on: Nov-28-1972
Reported in: (1973)14GLR639
B.J. Divan, J.1. The petitioners herein are residents of Keriya village No. 1 in Botad Taluka in Bhavnagar District. The Special Civil Application as originally filed was against the decision of the learned Civil Judge, J. D., Botad, in an Election Petition filed by the present petitioners in his Court under the provisions of Section 24 of the Gujarat- Panchayats Act, 1961 (hereinafter referred to as the Act). The learned Civil Judge, J. D., dismissed that Election Petition and thereafter the present Special Civil Application has been filed.2. In the Election Petition the present petitioners challenged the election of all the members of the Gram Panchayat who were declared to have been elected to the Gram Panchayat on February 5, 1970. It is the case of the petitioners that respondent No. 7 was the Sarpanch of the Gram Panchayat of this particular village for period 1967 to 1970 and fresh elections were due to be held some time in the beginning of March 1970, as the term of the earlier...
Tag this Judgment!The Northern India Motor Owners Insurance Co. Ltd. Vs. Magan Shanaji S ...
Court: Gujarat
Decided on: Nov-23-1972
Reported in: (1973)14GLR921
J.B. Mehta, J.1. The insurance company in the present petition challenges the order of the authority under the Workmen's Compensation Act determining compensation amount of Rs. 9800/- as payable to respondent No. 1 the driver and making that amount payable both by respondent No. 2 the owner of the motor vehicle in question as well as by the petitioner insurance company. Mr. Shah rightly did not challenge the relevant findings of fact which could never be characterised as perverse. The driver's pay was Rs. 125/- per month and the accident which took place on October 26, 1965 was found to have arisen out of and in the course of his employment. Mr. Shah also did not challenge the compensation amount which was fixed on the basis of the workman's injury in question. The only point which Mr. Shah raised was that an insurance company could never be made liable to pay any compensation and the Commissioner under the Workmen's Compensation Act had no jurisdiction to pass such order against the i...
Tag this Judgment!State of Gujarat and anr. Vs. K.A. Patel and ors.
Court: Gujarat
Decided on: Nov-22-1972
Reported in: (1973)14GLR730
P.N. Bhagwati, C.J.1. This is a group of Letters Patent Appeals directed against the judgment of Mr. Justice Divan in several writ petitions relating to employees of the pre-reorganized State of Bombay. The facts giving rise to the appeals are identical in material particulars barring only difference in dates and it would, therefore, be sufficient if we take Letters Patent Appeal No. 19 of 1971 as representative of the group and briefly recapitulate the facts giving rise to that appeal.2. Letters Patent Appeal No. 19 of 1971 arises out of Special Civil Application No. 884 of 1969. The petitioners in this Special Civil Application joined service as clerks in the pre-reorganized State of Bombay years ago, long before the reorganization of the States took place on 1st November 1956. On the reorganization of the State of Bombay under the States Reorganization Act, 1956, the petitioners were allotted to the new State of Bombay and when the new State of Bombay was bifurcated into the States ...
Tag this Judgment!Chimanlal Bhogilal Shah Vs. State of Gujarat
Court: Gujarat
Decided on: Nov-21-1972
Reported in: (1973)14GLR807
A.A. Dave, J.1. This Revision Application is directed against the order of the City Magistrate, 5th Court, Ahmedabad, rejecting the application given by the present petitioner for supply of copies of relevant documents mentioned therein.2. An application was submitted by Ramniklal Pragjibhai, who was the original accused No. 1 on 1-5-1972 with a request that copies of the statement of reasons given by the Hand-writing expert and other relevant documents, be supplied to him. The learned City Magistrate rejected the application on the ground that his was an inquiring Court and that Court had only to commit the case. The relevant observations are as under:This is the inquiring Court. This Court has only to commit the case. If the documents asked for are not supplied to the accused they must make a grievance at the Trial Court. This Court will not decide about the relevancy of the documents at this stage. The accused may move the Trial Court after the committal of this case.Being aggrieved...
Tag this Judgment!Krishnamukhlal Bhagwandas Shroff Vs. ShA. Bhagwan Kashidas and ors.
Court: Gujarat
Decided on: Nov-20-1972
Reported in: AIR1974Guj1; (1973)GLR820
1. This appeal is preferred against the order passed by the Court of Joint Civil Judge, S. D at Surat on 20th April, 1972 in Special Darkhast No. 31/63 of his file. By this order, the learned Judge appears, to have disposed of applications Exhs. 106, 118 and 127. Before proceeding with the merits of this appeal, it would be necessary to state some necessary facts of this execution application which is being prolonged for one reason or the other ever since the year 1963.2. The execution is preferred by the respondents who are the decree holders of a money decree for Rs. 1,07,312 passed in Special Civil suit No. 24/01 of the same Court 'Me said decree was Passed on 28th February. 1963. An appeal against that decree was preferred but the decree was Confirmed even in that appeal on 15th December, 1970. This execution application which is registered as Special Darkhast No. 31/63 was Preferred by the decree-holder on 1-5-1963.3. Initially by Ex. 18 the judge- debtor had raised certain object...
Tag this Judgment!- ‹ Prev
- 2
- Next ›
- Last »