Gujarat Court November 1974 Judgments
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Govardhanbhai Somabhai Patel Vs. Parshottam Urnedbhai and anr.
Court: Gujarat
Decided on: Nov-29-1974
Reported in: AIR1976Guj98
Rane, J.1. The plaintiff-appellant had entered into a partnership with the deceased Purshottam Umedbhai and respondent No. 2 Desat Govindbhai Chhotalal, for the purpose Of carrying out certain works in respect of which a contract was taken by the partnership. The partnership was to carry on its business in the name and style of Govindbhai Apabhai and company (contract). The firm came into existence on 6-11-1958. For sometime the plaintiff attended to the work of the partnership aid, thereafter, other two partners carried out the remaining work. As a dispute arose between the partners, the plaintiff filed a suit being civil suit No. 1138 of 1961 in the court of the Civil judge, Senior Division, Ahmedabad, for dissolution of partnership and accounts. On the establishment 4of the City Civil Court at Ahmedabad, the above suit was transferred to the file and it was renumbered as wait No. 2635 of 11961. As stated in par& 4 of the plaint, the firm had taken a contract of construction of three...
Keshavlal Pragji and ors. Vs. the Gujarat Revenue Tribunal and anr.
Court: Gujarat
Decided on: Nov-27-1974
Reported in: AIR1976Guj146; (1975)GLR904
T.U. Mehta, J.1. This writ petition is directed against the order passed by the Gujarat Revenue Tribunal in revision application No. TEN 746/69 holding that the petitioners. herein are not the tenants of the disputed fields which are situated in Dehen village of Olpad taluka in Surat district. The proceedings before the Tribunal arose out of the application filed by deceased Keshavlal Pragji, husband of petitioner No. 1 and father of petitioners Nos. 2 to 7 under See. 70(b) of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as 'the Act'), to obtain a decision that he is the tenant of the disputed lands, The MaMl2tdar, Olpad, held that the petitioners are, the tenants and this decision of the Mamlatdar was confirmed by the Prant Officer, Olpad in appeal preferred before him by the respondent herein. The Tribunal reversed the decision of the Prant Officer while acting under its revisional jurisdiction under 76 of the Act.2. This matter initially came up for h...
Nareshchandra Chinubhai Patel Vs. the State of Gujarat
Court: Gujarat
Decided on: Nov-25-1974
Reported in: AIR1977Guj109; (1975)GLR892
ORDER1. This revision petition is filed by the original plaintiff under S. 115 of the Civil V. C. against the order passed by the learned Judge of the Small Causes Court, Ahmedabad, below application, Ex. 40, in Summary Civil Suit No. 5879 of 1971, dated 30-8-1974.2. The facts leading rise to this revision petition, briefly stated, are as under:Plaintiff had filed the aforesaid suit against the opponent-defendant for recovery of Rs. 1,120, the rent due, as the opponents had vacated the suit premises in the middle of the month. During the pendency of the suit, plaintiff received a bill for education cess. He, therefore, by application, Ex. 7, sought for amendment of plaint, for including claim in respect of that education cess. Both the parties were unaware about the order passed on that application, Ex.7, dated 11-6-1972, regarding the grant of the amendment sought for. According to the plaintiff he did not know about the aforesaid order passed on Ex. 7. On 18-7-1974, as per the order ...
Gordhanbhai Kahandas Dalwadi Vs. the Anand Municipality, Anand and ors ...
Court: Gujarat
Decided on: Nov-25-1974
Reported in: AIR1976Guj33; (1975)GLR558
Divan, C.J.1. The petitioner herein has prayed that the permission granted by the Anand Municipality to respondents Nos. 4 to 12 to put up a Planning Scheme No. 1 of Anand town should be quashed or revoked and the petitioner has also prayed that the final town Planning scheme No.1 of Anand Municipality should be quashed and set aside in so far as it concerns Final Plot No. 127/1 and the concession granted in respect of Final Plot No. 127/1 and the extinguishments of the right of way purchased by the petitioner for value under a sale deed, should be done away with and the town Planning Officer should be directed to award compensation to the petitioner for the loss of that right of way. The petitioner has further prayed that the decision given by the Town Planning Officer, which Annexure 'D' to the petition, in so far as it pertains to the land of the petitioner, should be quashed and set aside.2. The Petitioner is at present the owner of a Plot of land, which bears Final Plot No. 126/1 ...
Maganbhai Zaverbhai Patel Vs. Rameshbhai Bechardas Shah and ors.
Court: Gujarat
Decided on: Nov-22-1974
Reported in: AIR1975Guj218; (1975)0GLR797
ORDER1. These three revision petitions arise out of common order passed by the learned Civil Judge, Junior Division, Nadiad dated 25-7-1974, in Civil Suits Nos. 436 of 1967, 409 of 1967 and 408 of 1967 respectively.2. Petitioner Maganbhai Zaverbhai Patel is original defendant No. 1 in all the three suits. Opponent No. 3 deceased Maganlal Harjivandas Vyas was original defendant No. 2 in all these three suits. Opponents Nos. 1 and 2 Rameshbhai Bechardas Shah and Maheshbhai Bechardas Shah were original Plaintiffs Nos. 1 and 2 in Civil Suit No. 436 of 1967. Opponent No. I Kantilal Shanabhai Patel in Civil Revision Application No. 1070 of 1974 was original Plaintiff of Civil Suit No. 409 of 1974. Opponent No. 1 Jamnadas Chhotabhai Amin in Civil Revision Application No. 1071 of 1974 was original Plaintiff in Civil Suit No. 408 of 1967.3. Maganlal Harjivandas Vyas, Original defendant No. 2, died during the pendency of the aforesaid suits on 24-81972. His heirs and legal representatives were n...
Krishna Gopal Joshi Vs. Annyonya Sahayyakari Mandali Co-operative Bank ...
Court: Gujarat
Decided on: Nov-21-1974
Reported in: AIR1976Guj105; (1975)GLR1058
ORDER1. The petitioner was a candidate at the election to be held for the directorship of respondent No. 1 (which is a Co-operative Bank) for the year 1972-73. The Board of directors of respondent No. I Bank which is hereinafter referred to as 'the Society' consists of nine Directors. One-third of them retire every three years. In 1972-73 three vacancies arose on account of retirement by rotation and were to be filled in. On 14th August 1972 the petitioner filed big nomination paper for being elected to one of the vacancies which had occurred an the Board of Directors of the Society. At the time of the 9crutiny of his nomination paper objection was raised to its validity. That objection was upheld by the Society by its resolution dated 16th August 1972 and the petitioners nomination paper was rejected.2. Thereupon the petitioner filed Arbitration Case No. 1 of 1972 before the District Registrar of Baroda in which he challenged the rejection of his nomination paper. The District Registr...
P.G. Textile Mills (Pvt.) Limited, Baroda Vs. Union of India and ors.
Court: Gujarat
Decided on: Nov-19-1974
Reported in: (1976)0GLR18; (1976)ILLJ312Guj
J.B. Mehta, J. 1. The petitioner-company challenges in this petition under Arts. 226 and 227 of the Constitution, the order of the Central Government, dated April 15, 1974, under S. 19A of the Employees' Provident Fund Act, 1952, denying infancy benefits to the petitioner's new establishment. 2. The short facts which have given rise to this petition are as under : The Baroda Spinning & Weaving Mills Company Limited which was running a cotton textile unit at the present site was closed down in October, 1966 and winding up petition was presented before this Court on March 8, 1967. On April 17, 1968, this Court ordered the said company, hereinafter referred to as 'the old company,' to be wound up and the official liquidator was by the order dated August 25, 1969, authorised to sell the moveable and immoveable properties of the company by public auction. Those assets of the company included extensive open land with this textile unit. Meanwhile the Gujarat State Textile Corporation, hereina...
P.G. Textile Mills (Pvt.) Ltd. Vs. Union of India (Uoi) and ors.
Court: Gujarat
Decided on: Nov-19-1974
Reported in: (1976)17GLR18
J.B. Mehta, J.1. The petitioner company challenges in this petition under Articles 226 and 227 of the constitution, the order of the central Government, dated April 15, 1974, under Section 19A of the Employees Provident Fund Act, 1952, denying infancy benefits to the petitioners new.2. The short facts which have given rise to this petition are as under:The Baroda Spinning & Weaving Mills Company Limited which was running a cotton textile unit at the present site was closed down in October 1966 and winding up petition was presented before this Court on March 8, 1967. On April 17, 1968, this Court ordered the said company, hereinafter referred to as the old company, to be wound up and the official liquidator was by the order dated August 25, 1969, authorised to sell the moveable and immoveable properties of the company by public auction. Those assets of the company included extensive open land with this textile unit. Meanwhile the Gujarat State Textile Corporation, hereinafter referred t...
Alimiya Mirumiya Saiyed Vs. Kasai Mohmedhusen Ibrahim and ors.
Court: Gujarat
Decided on: Nov-18-1974
Reported in: (1975)16GLR999
S.H. Sheth, J.1. S. No. 36 of Taiyabpura in Kapadvanj Taluka of Kaira District was sold by respondents Nos. 1 to 9 by a registered sale-deed to the petitioner on 29th March 1957, In 1967 respondents Nos. 1 to 9 filed against the petitioner Regular Civil Suit No. 45 of 1967 in the Court of the Civil Judge, Junior Division, at Kapadvanj for a declaration that the sale in respect of S. No. 36 was not binding on them. The petitioner filed his written statement and resisted the suit, One of the contentions which he raised in that suit was that in any case he had been a tenant in respect of the land in question prior to its sale by respondents Nos. 1 to 9 in his favour on 20th March 1957 and that, therefore, he had become a deemed purchaser of the land in question. One of the issues which the learned Trial Judge raised was whether the petitioner was the tenant in respect of the land in question prior to 20th March 1957 and under Section 85A of the Bombay Tenancy and Agricultural Lands Act, 1...
Bharatkumar Manilal Dalal Vs. Controller of Estate Duty, Gujarat
Court: Gujarat
Decided on: Nov-04-1974
Reported in: [1975]99ITR179(Guj)
B.K. Mehta, J.1. This reference raises a somewhat difficult question and our attempt to answer them has caused considerable anxiety to us. The question referred to us for our opinion under section 64 of the Estate Duty Act, 1953, is as under : 'Whether, on the facts and circumstances of the case, the amount of Rs. 1,00,000 received from the New India Assurance Company and a further amount of Rs. 3,42,864 pounds 75,000 equivalent to Rs. 3,57,150 less 4 per cent. realisation expenses) received from Aetna Life Insurance Company covered by two accident insurance policies were liable to estate duty under section 5, 6, 14 or 15 of the Estate Duty Act, 1953 ?' 2. The question arises in the following tragic circumstances which are not many. 3. The applicant herein who is the accountable person happens to be the grieved father of the unfortunate young man, Munirkumar B. Dalal, who met with the fatal accident in that historic plane crash near Alps on 24th January, 1966, enroute to the United Sta...
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