Gujarat Court February 1973 Judgments
Keshavlal Trikamlal Vs. Indian Overseas Bank Ltd.
Court: Gujarat
Decided on: Feb-21-1973
Reported in: (1973)14GLR1005
B.K. Mehta, J.1. An interesting question arises in this revision, namely, whether a customer can sue his banker for accounts The question arises in the following circumstances:The applicant herein is doing the business of selling cloth in Ahmedabad and for purposes of his business had certain banking facilities with the opponent-Bank herein. There were two types of accounts with the opponent-Bank namely; (i) Key Cash Credit Account and (ii) Bills Purchase Account. For the purposes of having facility in the first account, the applicant used to hand over the key of his godown where his bales of cloth were stored to the opponent-Bank with a complete control over the same. The opponent-Bank used to maintain accounts of the bales deceived and replaced in the said godown from time to time and on the basis of the valuation of the stock of the bales in custody of the Bank, advances were made to the extent of 70 per cent of the price of the goods subject to maximum of Rs. 2,50,000/- The applica...
Tag this Judgment!Bai Champa and ors. Vs. Chandrakanta Hiralal Dahyabhai Sodagar and ors ...
Court: Gujarat
Decided on: Feb-20-1973
Reported in: AIR1973Guj227; (1974)0GLR54
C.V. Rane, J.1. This judgment will govern the disposal of the first appeals Nos.481 of 1967 and 1112 of 1969, both of which arise out of the judgment and decree dated 11.1.1967 of the learned Judge, City civil Court, 5th Court, Ahmedabad in Civil Suit No.162 of 1964. The facts of the above suit were in brief as under:Lalbhai Chunilai died in the year 1915 leaving behind him his widow Bai Mukta alias Bai Manek. Lalbhai's brother Manekal died on 16.12.1959 leaving behind him his widow Bai Champa son Devendrakumar and two daughters namely (1) Nirmalaben and Bai Suryakanta. Bai Manek also died on 6th of June, 1963. During her life time Bai Manek had transferred some of the properties which she had inherited from her husband. Some of the suit properties were sold by Bai Manek to one Jamnadas Harilal on 12th October 1928. Reversionary heirs of Laibhai Chunilal had filed a suit to set aside the above alienations and a decree was passed in their favour. Bai Manek had bequeathed some of the pro...
Tag this Judgment!Mahomed Kasam Abubakar and ors. Vs. the Municipal Corporation of City ...
Court: Gujarat
Decided on: Feb-19-1973
Reported in: AIR1974Guj160; (1974)0GLR267
1. The question which is involved in this First Appeal is whether Section 212 of the Bombay Provincial Municipal Corporations Act, 1949 (Bombay Act 59 of 1949) (hereinafter referred to -as 'the Act') applies to those buildings the structure of which belongs to a citizen but the land over which the said structure stands, belongs to the Municipal Corporation itself.2. Short facts of the case are that the appellants-plaintiffs are acting as trustees of the Charitable Trust known as 'Karoda Pole Masjid' trust. In Dariapur, Ward No. 1 of Ahmedabad, a property bearing survey No. 3537 which consists of only a meda constructed on pillars of the gate, is situated. The land over which this meda is constructed admitted IV belongs to the Municipality, but the meda belongs to the trust. The income which the trust receives from this meda, is being spent by it for meeting the expenses of Karoda Pole Masjid. Adjoining to this meda are two other properties bearing survey Nos. 4463 and 4465.3. It is an ...
Tag this Judgment!Rabari Nagjibhai Haribhai Vs. Bai Zaber and ors.
Court: Gujarat
Decided on: Feb-10-1973
Reported in: 1974CriLJ551; (1974)GLR153
ORDERJ.M. Sheth, J.1. The facts leading rise to this revision petition, briefly stated, are as under:Opponent No. 1 (wife) filed Criminal Miscellaneous Application No. 2 of 1969, against the petitioner (husband) under Section 488 of the Criminal Procedure Code (which will be hereinafter referred to as 'the Code'), for obtaining maintenance. Ex parte order was passed in her favour on 15th July, 1970, fixing the maintenance amount at the rate of Rs. 100/- per month.2. Petitioner (husband) filed Criminal Miscellaneous Application No. 16 of 1970 on 27th July, 1970 to set aside that order. It was dismissed on 6th December, 1971. He filed Criminal Revision application against that order in the Sessions Court. That application was dismissed by the Sessions Court.3. Opponent No. 1 (wife) filed Criminal Miscellaneous Application No. 1 of 1972 on 5th January, 1972 for recovery of arrears of maintenance for a period of thirty-four months, i.e. for the period between 4-2-1969 and 31-12-1971.4. Pet...
Tag this Judgment!Extrusion Process Pvt. Ltd. Vs. N.R. Jadhav, Superintendent of Central ...
Court: Gujarat
Decided on: Feb-08-1973
Reported in: 1979(4)ELT380(Guj); (1974)GLR161
S.H. Sheth, J.1. The petitioner is a company incorporated under the Companies Act, 1956. It has a factory at Baroda where it had been manufacturing extruded aluminium collapsible tubes. The petitioner held a license for manufacturing extruded shapes and sections including extruded pipes and tubes. The license was granted to it by the Central Excise authorities under the Central Excises and Salt Act, 1944 (hereinafter referred to as 'the said Act' for the sake of brevity). On 3rd April, 1970 the petitioner surrendered its license to Central Excise authorities for cancellation. The Assistant Collector of Central Excise, Baroda cancelled it and informed the petitioner accordingly on 21st April, 1970.2. Thereafter the petitioner started purchasing plain tubes and plain containers from the market and engaged itself in printing and lacquering them. Printed and lacquered tubes and containers were sold by it in the market to their consumers. On 25th February, 1971 the petitioner received from ...
Tag this Judgment!The State of Gujarat Vs. Chimanlal Maganlal Shah
Court: Gujarat
Decided on: Feb-06-1973
Reported in: 1974CriLJ716
ORDERJ.M. Sheth, J.1. This is a revision petition filed by the State of Gujarat under Section 435 of the Criminal Procedure Code against an order passed by the learned Additional Sessions Judge, Kaira at Nadiad, in Criminal Appeal No. 264 of 1970, allowing the appeal and setting aside the order passed by the Collector, Kaira District, confiscating 314 tins of ground-nut oil. The learned Additional Sessions Judge has further directed the Collector to determine the price of the goods seized under the provisions of Sub-section (3)(b) of Section 3 of the Essential Commodities Act, 1955 (which will be hereinafter referred to as 'the Act'), and to pay the amount so determined, with reasonable interest thereon. This order is dated 16th June, 1972.2. The aforesaid appeal was filed by present opponent Chimanlal Maganlal Shah, Partner and Manager of M/s. Chimanlal Maganlal Shah of Nadiad, under Section 6-C of the Act. against the order passed by the Collector of Kaira District, dated 30th Septem...
Tag this Judgment!Prem Govindram Sajnani Vs. H.M. Methwani
Court: Gujarat
Decided on: Feb-02-1973
Reported in: AIR1974Guj140; (1973)GLR952
ORDER1. This revision application arises out of the eviction suit filed by the opponent-plaintiff against the petitioner defendant in the Court of Civil Judge, Junior Division, Gandhi ham, where the said suit was registered as Civil Suit No. 88/66. The opponent-plaintiff has claimed the eviction on two grounds, namely, (I) bona fide and reasonable personal requirement of the suit premises and (2) non-payment of rent for more than 6 months. The trial court decreed the opponent's suit on both these grounds and the same decree has been confirmed by the Appellate Court in Appeal No. 35/67 of the court of District Judge, Ketch at Buhl.2 to 4. * * * *5. So far as arrears of rent are concerned, the facts are that the petitioner was in arrears of rent from 1-4-65 to 30-6-66 amounting to Rs. 225/- at the rate of Res. 15/- per month. He was, therefore, given a notice to pay up the rent with demand to quit. This notice is dated 27-6-66 and the same is found at Ex. 22. The petitioner-tenant conten...
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