Gujarat Court August 1973 Judgments
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Union of India (Uoi) Vs. the New Vijay Weaving Works
Court: Gujarat
Decided on: Aug-16-1973
Reported in: (1974)15GLR322
T.U. Mehta, J.1. An interesting question which arises to be determined in this Revision Application is how far the Government of India is exempt from the liability arising out of loss, misdelivery or delay of or damage to any postal article in course of transmission by post, resulting from fraud or wilful act or default of an officer of the Post Office in view of the provisions contained in Section 6 of the Indian Post Office Act, 1898 which is hereinafter referred to as 'the Act.'2. Short facts of the case are that the respondent-plaintiff is a firm manufacturing and selling cloth at Ahmedabad. On 9th February, 1965 it sent three Registered Post parcels containing cloth through Gandhi Road post office. The first parcel which was bearing No. 56 contained cloth worth Rs. 765.42. The second parcel bearing No. 68 contained cloth worth Rs. 285/- and the third parcel bearing No. 64 contained cloth worth Rs. 804.94. When the parcels were presented to the addressees they refused to accept the...
Manjula Zaverilal Kothari Vs. Zaveriial Vithaldas Kothari
Court: Gujarat
Decided on: Aug-08-1973
Reported in: AIR1975Guj158; (1974)GLR758
1. Appellant Manjula Zaverilal Kothari was the original opponent. She is the wife of respondent Zaverilal Vithaldas Kothari who filed a petition for restitution of conjugal rights. Respondent alleged that he was married with the appellant on 19th April, 1960 at Rajkot according to Hindu religious ceremony and custom of the caste and that his wife came to stay with him. Parents of the appellant are staying in Kuwait, a small Shaikhdom in Persian Gulf. It appears, respondent-husband was serving as Professor and when the collage closed for vacation, husband and wife went to visit the parents of the wife at Kuwait. After the college re-opened, respondent husband alone returned and wife stayed behind stating that she was not well and she would join her husband after some time. Since then wife has not come to stay with the husband. It is alleged that somewhere in 1964 wife with her parents had come to Raikot, but she did not come and stay with the husband. Husband in his petition alleged tha...
Gangaben Poonjabhai AmIn Vs. Narayan Sonia and anr.
Court: Gujarat
Decided on: Aug-08-1973
Reported in: (1974)15GLR310
T.U. Mehta, J.1. This Revision Application arises out of the eviction suit filed by the petitioner against the opponents in the Court of Civil Judge, Junior Division, Baroda where the said suit was registered as Civil Suit No. 106 of 1966.2. The facts of the case are that the petitioner land-lady is the owner of a Chawl in which one room is occupied by the opponent No. 1 as her tenant. The contractual rent for this room is Rs. 13.50 and as a result of the trial the lower court has determined its standard rent at the same figure.3. Opponent No. 2 is joined in this Revision Application because, according to the petitioner he is the person in whose favour a portion of the premises has been sub-let.4. Eviction was claimed by the petitioner in the trial court on two grounds:(i) Non-payment of arrears of rent;(ii) Sub-letting.Since on the question of sub-letting the findings recorded by both the courts are based purely on facts. Shri Shah on behalf of the petitioner-land-lady has not claimed...
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