Gujarat Court September 1972 Judgments
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Arun Vamanrao Shastri Vs. Lina Arun Shastri
Court: Gujarat
Decided on: Sep-20-1972
Reported in: (1973)14GLR301
T.U. Mehta, J.1. The question which arises to be considered in this revision application is whether a Hindu wife, who has obtained a decree for judicial separation under the Hindu Marriage Act, (hereafter referred to as the 'said Act') should proceed only under Section 25 of the said Act with a view to get maintenance or it is open to her to file a separate suit for obtaining maintenance without pursuing her remedies for the same under the said Section 25.2. The short facts of the case are that the petitioner of this revision application is married with opponent on 24th January, 1964. In the year 1971 the opponent-wife filed Hindu Marriage Petition No. 12/71 against the petitioner-husband for obtaining a decree for judicial separation. It is an admitted position that this petition was filed on 1st February, 1971 and it was disposed of on 15th April, 1971 when a decree for judicial separation was passed in favour of the opponent-wife. It appears that during the pendency of that petition...
Babulal Chhanalal Shah and ors. Vs. Chandulal C. Valand and anr.
Court: Gujarat
Decided on: Sep-19-1972
Reported in: 1973CriLJ1520; (1973)GLR675
ORDERC.V. Rane, J.1. This judgment will govern the disposal of these six revision applications which involve the same questions of law. The revision applications arise out of the orders passed by the learned City Magistrate, 8th Court, Ahmedabad in six criminal cases holding that none of the complaints was barred by limitation. In each case, the complaint was filed on 10-11-1971 on behalf of the Ahmedabad Municipal Corporation in respect of an offence punishable under Section 392 (1) (a) of the Bombay Provincial Municipal Corporations Act, 1949 (hereinafter referred to as the Act). The facts of all the complaints are almost similar. According to the complainant, the accused in each case, had started using the premises constructed by him without obtaining the permit from the proper authorities as contemplated by Section 263 of the Act. According to the complainant, the accused had committed the offence as stated above on or about 16-6-1971. During the pendency of the complaints, the acc...
Manorama Prahladbhai Manore Vs. Prahladbhai Arjunbhai Manore and anr.
Court: Gujarat
Decided on: Sep-18-1972
Reported in: 1973CriLJ1864; (1973)1GLR526
ORDERRane, J.1. This application in revision is directed against the order passed by the learned City Magistrate, 9th Court, Ahmedabad, on 20-4-1972 rejecting the application of the wife for the enforcement of the order of maintenance passed under Section 488 (1) of the Criminal Procedure Code. The wife had filed an application for maintenance under Section 488 (1) of the Criminal Procedure Code. It appears that, during the pendency of the proceedings, the parties com- promised the matter. According to the compromise between the parties, the husband admitted that, he had made allegations as regards adultery against his wife. The charge of cruelty was also admitted by him. He agreed to pay Rs. 185/- per month as maintenance to the petitioner and her child. On the basis of the above compromise, the learned City Magistrate K. H. Damani, passed the following order:Parties submit compromise and I order to pass maintenance order in terms of compromise and order that opponent to pay Rs. 185/-...
Jorwarsinhji Himatsinhji Rana and anr. Vs. the Gujarat State and ors.
Court: Gujarat
Decided on: Sep-18-1972
Reported in: AIR1973Guj187; (1973)1GLR156
1. The plaintiff in this appeal challenge the recovery of the non-agricultural assessment for their land for the period from July 31, 1963 to July 30, 1964 before the actual commencement of the non-agricultural case use of this land, as being against the provisions of Section 48 the Bombay Land Revenue Code. 1879 and on the ground that rule 86 (1) (a) of the Saurashtra Land Revenue Rules. in that connection was ultra vires Section 48 and Section 214 of the Code and also because it violated the guarantee of Article 14 of the Constitution, as, only in the Saurashtra area, the repugnant rule would continue in force. The plaintiff therefore, sought refund of the amount of Rs, 1,758.32 recovered from them under protest. There is no dispute a to the aforesaid amount, which was recovered from the plaintiff, because of the Saurashtra Rule 86 (1) (a). there is equally no dispute, that during this relevant period, the plaintiff had not started the non-agricultural user of the land although permi...
Chodhari Madhaji Ganeshiji Vs. Patel Magandas Bechardas
Court: Gujarat
Decided on: Sep-15-1972
Reported in: AIR1973Guj190
1. This is original plaintiff second appeal direct and the decision of the learned Assistant Judge Mehsana. given on October 26, 1967 in Regular Civil Appeal NO. 19. of 1966. The leaned Judge had thereby allowed the appeal of the respondent-defendant and dismissed the plaintiff Regular civil Suit No. 27 of 1965 which suit was decree by the learned Civil Judge, Kalol. by his judgment a and decree dated December 27, 1965. The plaintiff suit was for redemption of an alleged mortgage Ex. 20 dated June 22 1953. The said document is an estensible sale-deed. There is a condition incorporated in the document provided for the reconveyanced of the property to the plaintiff on a fixed date which would fall on the completion of five years of the execution was a mortgage by conditional sale and not a sale outright with a condition of re-purchase. It was his case that by incorporation of the said condition, the transaction which was ostensibly a sale was in its true character a mortgage transaction,...
Shantilal Chandrashanker and anr. Vs. Bai Baji Wd/O. Bhura Anop.
Court: Gujarat
Decided on: Sep-15-1972
Reported in: (1973)14GLR316
D.P. Desai, J.1. Though these two proceedings relate to different orders made by different Courts against which the aggrieved party had come in second appeal in one case and in civil revision application in the other, the order passed by me on the second appeal and the civil revision application on the date fixed for the admission of the respective matters, has led to the present two proceedings. In the second appeal 1 passed the order on 1-7-1971 in following terms:Mr. Vin absent. Having gone through the judgments of the Courts below and the memorandum of appeal, I see no reason to admit this appeal. Dismissed.In the civil revision application, I passed an order in the following terms on the same day:Mr Mankad absent. Having gone through the judgments of the courts below I find no substance in this revision application. Rejected.As a result of the aforesaid orders, Mr. Vin moved the Court by Misc. Civil Application No. 409 of 1971 that he was prevented from appearing before this Court...
Rallis India Ltd. Vs. R.S. Joshi, Sales Tax Officer, City Division Ii, ...
Court: Gujarat
Decided on: Sep-14-1972
Reported in: [1973]31STC302(Guj)
Bhagwati, C.J.1. This petition raises a short but interesting question relating to the constitutional validity of the Central Sales Tax Act, 1956 (hereinafter referred to as 'the Central Act'). The petitioner is a limited company carrying on business, inter alia, as a dealer in cotton. The petitioner buys cotton from dealers as well as agriculturists and sells it inside the State of Gujarat as also in the course of inter-State trade or commerce. The petitioner is a registered dealer under the Bombay Sales Tax Act, 1959 (hereinafter referred to as 'the local Act') and also holds an authorization and a licence granted under the provisions of that Act. The petitioner is also registered under section 7 of the Central Act. During the accounting period 1st January, 1960, to 31st March, 1963, and 1st April, 1963, to 31st March, 1964, the petitioner as authorized dealer purchased cotton from registered dealers in the State of Gujarat against the issue of certificates in form No. XIV and resold...
Sandhi Mamad Kala Vs. State of Gujarat
Court: Gujarat
Decided on: Sep-14-1972
Reported in: (1973)14GLR384
P.N. Bhagwati, C.J.1. This reference raises a question of considerable importance in the field of administrative law. The question is whether an authority passing an order of externment under Section 56 of the Bombay Police Act, 1951, (hereinafter referred to as 'the Act') and the State Government disposing of an appeal against an externment order under Section 60 of the Act are bound to give reasons in support of the orders respectively made by them, or, in other words, whether there is any Obligation on them to make speaking orders. The facts giving rise to the petition are a little material to the determination of the controversy between the parties and they may be briefly stated as follows. The Sub-Divisional Magistrate, Rajkot Sub-Division, issued a show cause notice dated 15th October 1970 under Section 59 of the Act stating that the following allegations were made against the petitioner, namely:You are a dangerous and desperate man and you are engaged in committing offences such...
Navgujarat Paper Industries Vs. Superintendent of Central Excise and o ...
Court: Gujarat
Decided on: Sep-08-1972
Reported in: 1977(1)ELT67(Guj)
B.J. Divan, J. 1. The petitioners herein are a partnership firm having their office at Bombay and they have a factory situated at Barejadi in the district of Ahmedabad in the State of Gujarat and according to the petitioners, at the said factory the petitioner, have been producing since 1963 paper gummed tapes of different widths varying according to the requirements of their different customers. According to the petitioners, they manufacture these papers gummed tapes out of duty paid paper purchased by the petitioners from the manufacturers. According to the petitioners, in the integrated process of preparing paper gummed tapes, gum is merely applied on one side of the duty paid paper, but according to the petitioners, they do not manufacture gummed paper at all another product which the petitioners prepare at their factory is printed wrappers meant for different customers and manufacturers and such wrappers are printed on white paper normally used as textile wrappers. It is the petit...
Patel Construction and Co. and anr. Vs. Shah Raichand Amulakh and anr.
Court: Gujarat
Decided on: Sep-08-1972
Reported in: AIR1973Guj283; (1973)0GLR487
1. The question which is involved in this revision application is what procedure a civil court should adopt with regard to an amendment of plaint which results in ousting the jurisdiction of that court though the plaint as initially presented is admittedly found to be written the pecuniary jurisdiction of that court.2. The petitioners of this petition are the original defendants against whom the original plaintiff. one Shah Raichand Amulakh. who has since died, has filed a suit for the recover of the amount of Rs. 1,000/- being the amount of rent in arrears for godowns and damages for use and occupation of a piece of land known as `Farja' adjoining has taken on lease from the plaintiff. The suit has been filed as a Small Cause suit in the court of Civil Judge (S. D.) at Surendranagar where it is registered as Small Cause Suit No. 155/64.3. Reference to para 14 of the plaint. which is initially filed, shows that damages for use and occupation for the land admeasuring 35700 sq. ft. have ...
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