Gujarat Court July 1973 Judgments
Ghanchi Amthalal Magnalal ors. Vs. Mehta Popatlal Mangalji ors.
Court: Gujarat
Decided on: Jul-31-1973
Reported in: (1974)15GLR591
M.U. Shah, J.1. This is second appeal directed against the order of the District Judge of Banaskantha at Palanpur in Miscellaneous Civil Appeal No. 4 of 1967 confirming the decision of the Court of the Civil Judge (Senior Division), Palanpur, in Miscellaneous Petition No. 3 of 1960 holding that the present three appellants who were the applicants before the learned Civil Judge and who bad made an application for order of discharge under Section 41 of the Provincial Insolvency Act, 1920 (Act No. 5 of 1920), which will hereafter be referred to as 'the Act', were not entitled to have an absolute discharge, nor any other kind of discharge and thus dismissing the application for an order of discharge. The appellants have been adjudged insolvents in Insolvency Petition No. 3 of 1967 which was a debtors' application made on 29th December 1960 under Section 10 of the Act by adjudication order passed by the learned Civil Judge (Senior Division), Palanpur, on November '27, 1963. In the said orde...
Tag this Judgment!Pravinaben Vs. Sureshbhai Tribhovan Arva
Court: Gujarat
Decided on: Jul-30-1973
Reported in: AIR1975Guj69; (1974)GLR169
1. x x x x 2. Now the Petition has been, fought in the two Courts below on the ground that the wife has deserted the husband, the wife contending that there was no animus deserendi and the husband contending to the contrary. This is what I find while looking at the decisions of the two Courts below. But the real question which arises in the case is as to whether the wife has withdrawn from the society of the husband without reasonable excuse. Although the Courts below have framed an issue or a point in this connection. I find that the question has been decided more on the basis of the Plea of desertion. The real Plea which requires to be considered in such a petition, is as to whether the opponent spouse has withdrawn from the society of the petitioning spouse, without any reasonable excuse. In arriving at a decision on the point, the Court must be satisfied (i) of the truth of the statements made in such Petition, viz. that the husband or wife has without reasonable excuse, withdrawn ...
Tag this Judgment!Laxmikant Amritlal Upadhyay Vs. Drumangauri Jagdishchandra
Court: Gujarat
Decided on: Jul-30-1973
Reported in: (1974)15GLR518
T.U. Mehta, J.1. This Revision Application is preferred by the petitioner-defendant, who is the tenant and against whom the opponent-plaintiff, who is his landlord, has filed eviction suit in the court of Civil Judge, J.D. at Surat, on the ground of non-payment of arrears of rent. The said suit was registered in the said court as Civil Suit No. 333/67. The learned trial Judge found that the case was covered by Section 12(3)(a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as the 'Rent Act'). The trial court further found that the tenant was not entitled even to the protection contemplated by Clause (b) of Section 12(3) of the Rent Act as he failed to deposit in Court the whole of the rent in arrears on the first day of the hearing of the suit. Against this, the tenant preferred an appeal in the District Court, Surat, where it was registered as Regular Civil Appeal No. 160/68. The learned appellate Judge confirmed the decree for eviction p...
Tag this Judgment!Anjar Municipality Vs. Gaurishankar Purshottam Joshi and ors.
Court: Gujarat
Decided on: Jul-27-1973
Reported in: (1974)15GLR91
B.J. Divan, C.J.1. Both these Letters Patent Appeals arise from the judgment of M.P. Thakker J. in Special Civil Application No. 87 of 1971, decided by our learned brother on February 20, 1971. The petitioner in the Special Civil Application is a trader and a resident of Anjar in the district of Kutch, and the respondent in the Special Civil Application was the Anjar Municipality. In the Special Civil Application the petitioner the imposition of the tax of octroi on 'Kapas' (cotton), ginned or unginned, and 'Kalan' (cotton-pods). The petitioner contended that the Municipality was trying to collect octroi on cotton and cotton-pods without due authority of Jaw because the requirements of law for the imposition of this levy were not satisfied. Anjar Municipality imposed octroi for the first time on April 1, 1963, after the provisions of the Gujarat Municipalities Act, 1963, had come into force. At the time when the octroi was imposed for the first time, the Municipality was constituted as...
Tag this Judgment!Maheshkumar Dhirajlal Thakkar Vs. State of Gujarat
Court: Gujarat
Decided on: Jul-27-1973
Reported in: (1974)15GLR293
A.A. Dave, J.1. This revision application raises an important question of law whether an apprentice receiving training in the Railways could be said to be engaged in a trade for the purpose of Section 168, I.P.C.2. In order to appreciate the question involved, it will be worthwhile to refer to the salient facts of this case. The petitioner before the court Maheshkumar Dhirajlal Thakkar was serving as a tracer in the office of the Sub-divisional Soil Conservation Officer (Survey) Bhavnagar, from 13th December 1965 upto 6th February 1968. While he continued as a tracer in the said office, he applied on 9th January 1967 to the Railway authorities Bhavnagar Para for receiving training as an apprentice Electrical Signal Maintainer in the prescribed proforma. He was then appointed an apprentice Electrical Signal maintainer on 24th November 1967 by the Divisional Assistant Signal and Telecommunication Engineer, Western Railway, Bhavnagar Para. It transpires that the accused-petitioner obtaine...
Tag this Judgment!Raj Kapoor Vs. Narendra Alias Naranbhai Nagardas and anr.
Court: Gujarat
Decided on: Jul-20-1973
Reported in: (1974)15GLR125
A.A. Dave, J.1. This revision application has been preferred by the applicant Raj Kapoor, original accused No. 2, through his advocate Mr. Ingots. K. Thakore, praying that the proceedings in criminal case No. 19 of 1972 pending in the City Magistrate's Court, Ahmedabad be quashed and that the applicant be acquitted.2. The facts giving rise to this petition in brief are that a film known as 'Kal, Aaj Aur Kal' under the banner of R.K. Production, was exhibited in Relief Cinema at Ahmedabad. The complainant Narendra Naranbhai Nagardas Desai who saw the said film felt that certain scene in the said picture was specially meant as an insult to the Bhangi community. He, therefore, filed a complaint under Section 500, I.P.C. against the deceased Prithviraj Kapoor and Raj Kapoor as accused. After the evidence of the complainant Narendra Desai and two more witnesses was recorded, the learned Magistrate framed the following charge against the accused:That you on or about the 5th day of February 1...
Tag this Judgment!Hansraj Devram and anr. Vs. State of Gujarat anr.
Court: Gujarat
Decided on: Jul-13-1973
Reported in: (1974)15GLR250
A.A. Dave, J.1. The learned Additional Sessions Judge, Mensana has made this reference recommending that the order of conviction and sentence passed by the learned Judicial Magistrate, First Class, Patan in Criminal Case. No. 3373 of 1971 for the offences punishable under Section 8 read with Section 36(1) of the Gujarat Agricultural Produce Markets Act, 1964, hereinafter referred to as the Act, be set aside and for passing such orders as may be deemed fit.2. This reference raises an important question of law regarding interpretation of Section 36(1) of the Act- whether a trader trading in agricultural produce outside the market area is required to obtain a licence for purchasing agricultural produce in the market yard through a commission agent holding necessary licence.3. In order to appreciate this point, it will be worthwhile to refer to certain undisputed facts. The present applicants are the traders doing business at Harij. Admittedly, they do not hold a licence either as traders ...
Tag this Judgment!The State of Gujarat Vs. Premraj Ganpatram and anr.
Court: Gujarat
Decided on: Jul-11-1973
Reported in: [1974]33STC159(Guj)
Mehta, J.1. As both these references raise identical questions, we intend to dispose them of by this common judgment. 2. The facts giving rise to the Sales Tax Reference No. 4 of 1972 are as under : The opponent-firm is a financing agency and carrying on business of supplying motor truck chassis to its customers on hire-purchase basis. It is registered as a dealer under the Bombay Sales Tax Act, 1959. It was assessed for the period commencing from 1st April, 1961, to 4th November, 1964. For the purposes of the assessment, the Sales Tax Officer included in the gross turnover of sales the total amount paid by the customers including the sums, which, according to the opponent-firm, were towards interest and finance service commission. The total amount of turnover for which the opponent-firm was assessed in the aforesaid period was to the tune of Rs. 27,30,723. The Sales Tax Officer allowed depreciation at the rate of 15 per cent on the said aggregate amount on the turnover and gave a dedu...
Tag this Judgment!State of Gujarat Vs. Patel Manu Ranchhod and ors.
Court: Gujarat
Decided on: Jul-11-1973
Reported in: (1974)15GLR235
A.A. Dave, J.1. This revision application has been preferred by the State against the order dated 2nd April 1973, Ex. 1 passed by the learned Sessions Judge, Bulsar at Navsari in sessions case No. 42 of 1972 whereby original charge framed against accused Nos. 1 and 2 under Sections 395, 397 and 307, I.P.C. and under Sections 395 and 323, I.P.C. against rest of the accused was changed to Section 326. I.P.C. against accused No. 1 and under Section 323, I.P.C. against accused Nos. 2,3,4 and 5. No charge was framed against accused Nos. 6,7 and 8.2. Mr. A.H. Thakar, learned Assistant Government Pleader who appeared on behalf of the State, urged that the interpretation put by the learned Sessions Judge on the decision of this Court in the case of State of Gujarat v. Mahmad Kasam and Anr. : AIR1967Guj169 is absolutely erroneous. He urged that no doubt, the Sessions Judge has power to add or alter to the charge framed by a Magistrate while committing the accused to the court of sessions. But, ...
Tag this Judgment!The State of Gujarat Vs. Jayantilal Bhimji and Sons
Court: Gujarat
Decided on: Jul-05-1973
Reported in: (1974)0GLR513; [1973]32STC527(Guj)
Desai, J.1. The question which arises for consideration in this reference is this, whether certain amounts recovered by a dealer from its customers for expenses of postage telephone call charges and bank charges by separately addition at the end of the bills, are to be considered as valuable consideration in respect of transactions of sale entered into between the dealer and its customers. To state briefly the facts leading to the reference are that the opponent is a dealer carrying on business of reselling foodgrains, oil-seeds, oils, etc., and is also acting as a commission agent. He is registered as a dealer under the Bombay Sales Tax Act, 1959 (hereinafter referred to as the Act). In the said bills issued by the opponent, he has separately charged the price of the goods and certain expenses like packing, octroi, weighment, brokerage, etc., which are incidental to the sale of the goods and has included the expenses of packing, octroi, weighment, brokerage, etc., in the sale price of...
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