Gujarat Court May 1972 Judgments
R.C. Thakkar Vs. (The Bombay Housing Board by Its Successors) Now the ...
Court: Gujarat
Decided on: May-05-1972
Reported in: AIR1973Guj34
Mehta, J.1. The appellant in this appeal is a partnership firm which does the work of building contractors. The respondent is the Gujarat Housing Board (Which is hereinafter referred to as ' the Board') and which is the successor to Bombay Housing Board, against which this suit was originally filed by the appellant to recover the total amount of Rs. 2,46,641.06 with costs and interest. The suit was initially filed by the appellant in the court of Civil Judge, Senior Division, Ahmedabad. Where it was registered as Jurisdiction suit No.65 of 1959. After the formation of the City Civil Court at Ahmedabad, it was transferred to the court where it was registered as Civil Suit No. 295 of 1961. 2. The dispute between the parties relates to two contracts taken by the appellant form the respondent in the year 1956 for the construction of 250 and 176 tenements for industrial labour in Ahmedabad at Mithipur Khokhra Mehmedabad. 3. The record of the case reveals that the respondent Board had under ...
Tag this Judgment!Amritlal Nathubhai Shah and ors. Vs. Union Government of India and anr ...
Court: Gujarat
Decided on: May-04-1972
Reported in: AIR1973Guj117; (1972)GLR1006
Bhagwati, C.J.1. This ground up nineteen petitioner raises an interesting question of construction of certain provisions of the Mines and Minerals (Regulation and Development ) Act 1957 and the Mineral Concession Rules 1960. The facts giving rise to the petitions are identical the save for difference in the area and location of the lands in respect of which mining lease is sought by the petitioner and it would, therefore, be sufficient if be we taken one of the petition, namely, Special Civil Application No. 1045 of 1968 as a representative petition and state of the facts of that petition.2. The petition in Special Civil Application No. 1045 of 1968 carry on business of the mining and they are also dealers in minerals. Bauxite is an important mineral having it uses as raw material in several industrial including manufacture of alumina. There are fairly large deposit of bauxite in three districts of the State of Gujarat, namely, Jamnagar, Junagadh and Kutch. The Government of Gujarat by...
Tag this Judgment!New Asarwa Manufacturing Company Ltd. Vs. Jetha Parma
Court: Gujarat
Decided on: May-03-1972
Reported in: AIR1973Guj156; (1973)0GLR77
1. This appeal arises out of the Judgment and decree of the learned Judge City Civil Court Ahmedabad dismissing the suit for want of jurisdiction2. The present appellant New Asarwa Manufacturing company Limited filed a suit against the present respondent Jetha Pram for obtaining possession of the agricultural land described in plain para 2, bearing survey numbers 391 and 392 situate in the sim of Asarwa at Ahmedabad. The plaintiff pleaded that the land was situated within the municipal limits and as it was required for N. A. purpose. it was not governed by the provisions of the Tenancy Act and therefore prayed fro a decree for possession. The defendant by his written statement took up a plea that he was a protected tenant and therefore the civil Court had no jurisdiction to grant any relief to the plaintiff company. From the pleadings the learned Judge framed four issues of which issue No. 1 was as under:--'(1) Is it show that his court has got jurisdiction to try this suit in view of ...
Tag this Judgment!Ramanlal Purshottamdas Chokshi Vs. Union of India (Uoi) and ors.
Court: Gujarat
Decided on: May-02-1972
Reported in: (1973)14GLR112
J.B. Mehta, J.1. The first petition is filed by some of the licenced dealers to challenge the provisions of the Gold (Control) Act, 1968, hereinafter referred to as 'the Act along with the rules enacted thereunder; while the second petition is by the money lenders who have challenged the provisions in Section 16(1) read with Section 16(5) of the Act. In the first petition, a circular had been issued by the authorities on July 12, 1968, informing the President of the Chokshi Mahajan Association that after the Gold (Control) Ordinance, 1968 which came into effect from June 29, 1968, all licensed dealers and refiners were required to declare all articles, ornaments owned by them or their families or in their possession, custody or control, i.e. capacity other than that of a dealer or refiner. The result of that would be that licensed dealers and refiners who had already filed declarations of their personal holdings of articles-ornaments would not have to file fresh declaration in respect ...
Tag this Judgment!Parshotamdas Narsimbhai and ors. Vs. Bai Dhabu and anr.
Court: Gujarat
Decided on: May-02-1972
Reported in: AIR1973Guj88; (1973)0GLR430
1. This appeal has been preferred against the judgment and decree of the learned Extra Assistant Judge. Baroda dismissing civil appeal No. 49 of 1965 and confirming the judgment and decree passed by the learned 6 th Joint Civil Judge, Junior Division. Baroda in Regular Civil Suit No. 1379 of 1962.2. The facts giving rise to this appeal briefly stated are as under:--The suit property bearing survey number 445/3 admeasuring 7238 1/2 sq. ft. situated in Baroda, Sayaji Ganj ward belonged to one Pathan Sidukhan Pirkhan who is the father of the plaintiff and defendant No. 3. In part of this property admeasuring about 1568 sq. ft. there were two house with Orda. Parshal, kitchen, etc., and were described as city survey number 45/12 and 45/13. Sidukhan dies on 25-11-1950 leaving behind him his widow Bai Nurbibi and one minor daughter named Dhabu alias Memudabibi and one minor son named Kalu alias Imam Khan. Under the Mohamedan Law. the shares of plaintiff was 42/3 annas in a rupee and the shar...
Tag this Judgment!Patel Chaturbhai Valdas and ors. Vs. Heirs of Decd. Hirabhai Joitaram
Court: Gujarat
Decided on: May-01-1972
Reported in: (1973)14GLR357
A.A. Dave, J.1. This appeal is directed against the judgment and decree of the learned District Judge, Mehsana allowing regular Civil Appeal No. 5 of 1965 and setting aside the judgment and decree passed by the learned Civil Judge, Junior Division, Visnagar in Civil Suit No. 52 of 1962.2. The appellants in the instant case are the original plaintiffs. One Patel Virchand Madheva had mortgaged the suit house to one Joita Punja, for Rs. 130/- on Posh Sud 9 of Samvat year 1962. On the death of Virchand, his daughter Bai Ugari inherited the properties of Virchand. On 15-9-1916, Bai Ugari again mortgaged the suit property with the said mortgagee Joita Punja for Rs. 400/- wherein it was agreed that the mortgage would be redeemed after 99 years. The present plaintiffs are the heirs of Devkaran Jiva, husband of Bai Ugari. They filed the suit for redemption of the mortgage stating that as they were the debtors under the Bombay Agricultural Debtors Relief Act, the debts stood extinguished on acco...
Tag this Judgment!Valdas and ors. Vs. Bai Jivi and ors.
Court: Gujarat
Decided on: May-01-1972
Reported in: AIR1973Guj93
1. This appeal is directed against the judgment and decree of the learned District Judge, Mehasana allowing regular Civil Appeal No. 5 of 1965 and setting aside the judgment and decree passed by the learned Civil Judge, Junior Division, Visnagar in Civil Suit No. 52 of 1962.2. The appellants in the instant case and the original plaintiffs. One Patel Virchand Madheva had mortgaged the suit house to one Jota Punja, for Rs. 130/- on Posh Sud 9 of Samvat year 1962. On the death of Virchand, his daughter Bai Ugari inherited the properties of Virchand. On 15-9-1916, Bai Ugai again mortgaged the suit property with the said mortgage Joita Punja for Rs. 400/- wherein it was agreed that the mortgage would be redeemed after 99 years. The present plaintiff are the heirs of Devakaran Jiva, husband of Bai Ugari. They filed the suit for redemption of the mortgage stating that as redemption of the mortgage stating that as they were the debtors under the Bombay Agriculture Debtors Relief Act the debts ...
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