Gujarat Court April 1972 Judgments
Kanubhai Chhaganlal Brahmbhatt Vs. the State of Gujarat and anr.
Court: Gujarat
Decided on: Apr-28-1972
Reported in: 1973CriLJ533; (1972)GLR748
1. This application has been directed against the order passed by the learned City Magistrate, 7th court, Ahmedabad remanding the accused to police custody upto 17th February 1972.2. This petition involves an interesting question of law whether a Magistrate can authorise detention of a person in the police custody in a cognizable offence which was bailable.3. The present petitioner Kanubhai Chhaganlal Brahmbhatt was arrested by the police for an offence of cheating punishable under Section 420, I.P.C. The prosecution case was that this petitioner along with one Ramesh who was absconding was alleged to have sold gold ingots to the value of Rs. 3000/- to the complainant Jayantilal Hemchand. It transpires that the said ingots were not of gold but they were brass pieces. A complaint thereupon was lodged with the police by the said Jayantilal as a result, the accused was arrested and after his arrest, the police approached the learned Magistrate for obtaining remand of the accused for the p...
Tag this Judgment!Sajjanaraj Swarupchand Vs. Mehta Commercial Co.
Court: Gujarat
Decided on: Apr-28-1972
Reported in: AIR1973Guj57
1. This is an appeal against the judgment and decree of the learned District Judge Bulsar at Navsari confirming the judgment and decree of the learned Civil Judge. Junior Division, Umbergaon in civil suit No. 47 of 1962 with certain modification as per the particulars mentioned in the judgment.2. The facts gives rise to this appeal in a nut-shell are as under:--The present respondent Mehta Commercial Company a firm registered under the India Partnership Act having its principal officer of business at Umbergaon, and six partners in all. One of them was one Madanchand Kishanchand. The present appellant who was the defendant tin the trial Court is also a partnership firm which started its business at Bhilad from Samvat Year 2021, having two partner's Sajjanraj and Swarupchand. This Swarupchand is the son of the plaintiff's partner Madanchand. It has come out in evidence that the mother of Sajjanraj and the mother of Madanchand are sisters. Thus. the partners of the plaintiff firm and thos...
Tag this Judgment!Chhotalal Vanravan Kakkad Vs. the State of Gujarat and ors.
Court: Gujarat
Decided on: Apr-25-1972
Reported in: AIR1973Guj159; (1973)GLR279
J.B. Mehta, J.1. The petitioner who was the manager of the opponent No. 2 Co-operative Society and also the member of its managing committee was held to be liable jointly with others by the order of the Co-operative Tribunal dated September 19, 1965, and was ordered to pay a sum of Rs. 25149-51 which had been defalcated. After the said liability was finally fixed in appeal, the said award of the Tribunal was sought to be executed against the petitioner by coercive process under the Land Revenue Code as provided under Section 103(b) of the Gujarat Co-operative Societies Act. 1961. hereinafter referred to as the Act. As warrant of arrest was issued against the petitioner. the petitioner has challenged the said coercive process by attacking the vires of the provisions of section 103 of the Act and sections 157 and 158 of the Code as violating Article 14. The petitioner has also challenged the action of the Collector as he tried to follow this harsher procedure of coercive recovery without...
Tag this Judgment!Akbarali Kasamali Ravjani Vs. N.G. Pandya and anr.
Court: Gujarat
Decided on: Apr-24-1972
Reported in: AIR1974Guj17; (1973)GLR287
S.H. Sreth, J.1. The petitioner was a member and Chairman of the Nagar Panchayat, Sihor in Bhavnagar District. On 3rd March 1969 the District Development Officer, Bhavnagar the competent authority within the meaning of Section 49 of the Gujarat Panchayat Act, 1961- served upon him a notice to show cause why he should not be removed from the membership and chairmanship of the Nagar Panchayat on the grounds stated in the said show cause notice. The notice stated three grounds. The first of them was that he had not reinstated in service one U. S. Desai, Secretary of the Sihor Nagar Panchayat who had been removed from service by the Nagar Panchayat and who was ordered to be reinstated by the District Development Officer whose decision was confirmed by the Divisional Commissioner. The second ground which was stated was that he had not carried out an order of interim stay granted by the District Panchayat, Bhavnagar against the introduction of octroi within the limits of the Sihor Nagar Panc...
Tag this Judgment!Kadarbhai Mahomedbhai and anr. Vs. Haribhai Ranchhodbhai Desai and anr ...
Court: Gujarat
Decided on: Apr-24-1972
Reported in: AIR1974Guj120; (1973)GLR245
1. This appeal is directed against the judgment and decree of the learned Extra Assistant Judge, Baroda confirming the judgment and decree passed by the learned 3rd Joint Civil Judge Junior Division, Baroda in regular civil suit No.1489 of 1962, with the modification that it was open to the defendants to make any construction or to utilize their land in any manner they may like, if they can adopt measures by which they can utilize the land without causing injury to the plaintiff's land.2. The facts giving rise to this appeal briefly stated are as under:-One Haribhai Ranchhodbhai Desai filed a suit against the present appellants alleging that he was the owner of the property described in details in para. 1 of the plaint. According to him, there was a ravine to the west and north of his property; that in 1959, the said ravine was filled up by the defendants viz. the present appellants, as a result, the rain water could not pass through the ravine and began to overflow through the Pratap ...
Tag this Judgment!Okha Gram Panchayat Vs. Esso Standard Eastern Corporation and anr.
Court: Gujarat
Decided on: Apr-24-1972
Reported in: (1973)14GLR261
S.H. Sheth, J.1. Esso Standard Eastern Corporation, a incorporated in U.S.A., has its main office at Bombay and has a at Ahmedabad. 1 is hereinafter referred to for the Esso. It has been dealing in petrolium products in a Terminals at different ports in India where it has storage faculties A Okha has storage tanks for storing petroleum products such as petrol diesel oil and furnace oil. Okha had prior to 1st January 1970 is Gram Panchayat which since 1st January 1970 has been converted into a Nagar Panchayat constituted under the Gujarat Panchayats Act, 1961 there in a referred to as 'the Act' for the sake of brevity). The Okha Gram Panchayat will be hereinafter referred to as the Panchayat for the sake of brevity It had been importing petroleum products at Okha from Bombay and storing them in its tanks there. It had a bonded ware-house at ash and another at Okha maintained under the Central Excises and Salt Act, 1944. Removal of these goods from one bonded ware house to It entailed no...
Tag this Judgment!Koli Dana Nathu Vs. G. Ghosh
Court: Gujarat
Decided on: Apr-20-1972
Reported in: (1973)14GLR209
J.B. Mehta, J.1. The petitioner challenges the externment order, dated January 10,1972, under Section 57(1) of the Bombay Police Act, 1951, hereinafter referred to as 'the Act,' for a period of two years from four contiguous districts. A show cause notice was issued to the petitioner on March 30, 1971, informing him that he had been thrice convicted for offences under the Bombay Prohibition Act, 1949, and he was still continuing his activities for similar offences not only in Rajkot District but also in the limits of the three contiguous Districts of Surendranagar, Bhavnagar and Amreli, and, therefore, it was proposed to extern him from all these four Districts. The three convictions which were mentioned were under the various sections of the Prohibition Act in 1967 and 1968. Particulars were given about his activities of similar offences by mentioning that: (1) on February 27, 1969 in Jasdan village in Vajsur locality in the evening at 5-45 P. M., he was caught with country liquor mad...
Tag this Judgment!Valley Noor Mohomad and anr. Vs. the State of Gujarat and ors.
Court: Gujarat
Decided on: Apr-18-1972
Reported in: AIR1974Guj31; (1973)GLR10
Sheth, J.1. The petitioner No. 2 is an association of persons who are running salvage farms. The petitioner No.1I is the President of that association. The petitioner No. 2 association has been registered under the Bombay Non-Trading Corporations Act, 1959. Its members have been running salvage farms at village Kakoshi and other places in Mehsana District. At their salvage farms, they receive drought buffaloes, treat them for a period of time and make them milch buffaloes. When drought buffaloes become milch buffaloes, after receiving treatment at the salvage farms, they are returned to their owners. Drought buffaloes are received at these salvage farms even from outside the State of Gujarat - more particularly from Bombay. The owners of the salvage farms charge the owners of such buffaloes only for their labour and service. They neither purchase nor sell the buff aloes.2. In 1958, the Bombay Essential Commodities and Cattle (Control) Act. 1958 was enacted by the Bombay Legislature, in...
Tag this Judgment!Juvansingh Lakhubhai Jadeja Vs. State of Gujarat
Court: Gujarat
Decided on: Apr-17-1972
Reported in: (1973)14GLR104
M.P. Thakkar, J.1. This petition under Article 226 of the Constitution by a convict who is undergoing a sentence of imprisonment for life imposed on him by a competent court for an offence under Section 302 of the Indian Penal Code as also simultaneously therewith undergoing a sentence of rigorous imprisonment for seven years imposed on him by another Sessions Court for offences under Section 394 and 397 of the Indian Penal Code has given rise to a challenge to the vires of Rule 4(2) of the Prisons (Bombay Furlough and Parole) Rules, 1959, hereinafter referred to as the 'Parole Rules', framed in exercise of powers conferred by the relevant provisions of the Prisons Act, 1894, on the ground that the said rule is discriminatory in character and is violative of the fundamental rights guaranteed by Article 14 of the Constitution of India.2. The petitioner who is undergoing simultaneously in the Ahmedabad Central Prison the sentence of life imprisonment imposed on September 30, 1969 by the ...
Tag this Judgment!Kevaldas Kalabhai Vs. Champaklal Chimanlal Sodagar and ors.
Court: Gujarat
Decided on: Apr-05-1972
Reported in: AIR1973Guj19; (1973)0GLR136
1. This is Appeal arises out of the order passed by the 8th Judge of the City Civil Court, Ahmedabad, dismissing the execution Appln. who is the decree-holder. The execution in question is of a decree passed by the High Court of Bombay on its Original side for the sum of Rs. 19,770/- with interest and costs in civil suit NO. 674/- 47, which was for the amount of Rs. 13,210/- 8-0. The said decree is passed on 16th March 1951. The same was transferred by the High court of Bombay to City Civil court, Ahmedabad for execution and pursuant to that order of transfer the appellant-decree holder had filed this execution application in the city Civil Court, Ahmedabad on 28th April 1964. The total amount for the realisation of which the execution is filed comes to Rs. 30,270,90 nps. During the course of the execution the decree holder has taken into attachment the judgment -debtors immovable property situated at Kalupur in the city of Ahmedabad.2. To this execution application judgment-debtors wh...
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