Gujarat Court December 1974 Judgments
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Rampuri Kalupuri Swami and anr. Vs. Nathalal Ishwarbhai Hargovanbhai S ...
Court: Gujarat
Decided on: Dec-24-1974
Reported in: AIR1976Guj53; (1976)0GLR81
J.B. Mehta, J.1. The Petitioners tenants who were in actual possession of the land in question have filed this Petition as their application under S. 32-PP of the Bombay Tenancy and Agricultural Lands Act. 1948. hereinafter referred to as 'the Act' which was made an May 29. 1971 along with the stay application against the order of surrender in landlord's favour under Section 32-P(2) was held to be incompetent and the stay application had been rejected on that ground.2.The short facts which have given rise to this petition are as under :- The petitioners tenants' purchase of the land in question was declared ineffective by the order of the A. L. T. on March 8. 1964. Thereafter the order of disposal of this land under Section 32-P(2) was made by surrendering to the landlord on August 20.1969. and that order was finally confirmed by this Court. Meanwhile Section 32-PP having been enacted with effect from December 29. 1965. the petitioners exercised their option to purchase this land by ma...
Chimanlal Ambalal Vs. Hasmukhlal and anr.
Court: Gujarat
Decided on: Dec-21-1974
Reported in: AIR1976Guj60; (1976)GLR40
ORDER1. This revision petition is filed by the original plaintiff against the opponents-defendants under Section 115 of the Civil Procedure Code against the order passed by the learned Joint Civil Judge. Senior Division. dated 5-2-1974. in Special Civil Suit No. 50 of 1972 below application. Ex. 13.2. The facts leading rise to this revision petition. briefly stated. are as under:3. Petitioner filed Summary Civil Suit No. 1877 of 1969. in the City Civil Court. Ahmedabad. on 28-8-1969. to recover a sum of Rs. 10.500/- from the opponents. Preliminary issue regarding jurisdiction was raised and it was held that the City Civil Court. Ahmedabad had no jurisdiction to entertain and hear the suit. The plaint was. therefore. ordered to be returned to the plaintiff (petitioner) for its presentation to the proper Court on 25-9-1972. Against that order. the petitioner had filed Civil Revision Application on 23-10-1972 in this Court. and that was rejected by this Court on 25-1011972. The petitioner...
Narandas Bapalal Dandwala Vs. the Land Acquisition Officer
Court: Gujarat
Decided on: Dec-20-1974
Reported in: AIR1976Guj142; (1976)GLR15
B.J. Divan, J.1. The appellant in this appeal is the original claimant and the respondent is the Land Acquisition Officer, Ahmedabad. Along with other lands, land of Survey No. 116/3 admeasuring I Acre 71/4 Gunthas was acquired for certain public purposes. The claimant who is the appellant before us was the assignee of the lessee's interest in the land and the lessor was the successor-in-interest of one Shri Shivrajgiriji. The lease was granted for a period of 999 years. Under the terms of the lease, and particularly by paragraph 8 it was agreed between the parties that if the land was acquired, out of the amount of compensation that may be payable, the lessor was to get the amount at the rate of Rs. 5/- per square yard and the balance of the compensation amount was to be paid to the lessee. It is not in dispute that the claimant, the appellant before us, as the assignee of the original lessee would be entitled to receive whatever compensation amount comes to his share in view of the t...
Raju V.B. Vs. Chief Electoral Officer, State of Gujarat and anr.
Court: Gujarat
Decided on: Dec-19-1974
Reported in: AIR1976Guj66
B.K. Mehta, J. 1. The petitioner herein anguished by the rigour of the party discipline in a Democratic State and inspired with a spirit of crusade to establish and maintain constitutional right and guarantee of having free and independent election challenges the constitutional validity of certain provisions of the Representation of the People Act, 1951, viz. Section 34(a) and Section 56 as well Sections 33, 34, 35, 36(1), 36(2)(b), 36(2)(c) and Section 39(2) of the said Act as ultra vires 84 of the Constitution of India and, therefore, void and ineffective. The challenge has been raised in the following circumstances:2. The petitioner desired to contest the election to the Loksabha in the elections held in 1971 and for the election to the Council of States held in March 1972. The petitioner was required to deposit and in fact deposited Rs. 500/- with the Returning Officer to contest the election to the Loksabha from Ahmedabad constituency in March 1971. As he did not obtain a prescrib...
Balkrishna Rechhodlal Shah and Vs. Assistant Collector of Central Exci ...
Court: Gujarat
Decided on: Dec-18-1974
Reported in: 1991LC311(Gujarat); 1979(4)ELT377(Guj)
J.B. Mehta, J.1. The short question which arises in all these three petitions is whether the domestic grinding mills or flour mills in question manufactured by the petitioners attract the duty under the amended entry 33C which came into force with effect from March 1, 169, by the Finance Act, No. 14 of 1969. So far as the first two petitioners are concerned at the initial stage the authorities had required them to apply for the licence for manufacture of these domestic flour mills. The authorities had asked these two petitioners to include in the price list the value of the electric motor. However, finally, the authorities took a view that this domestic grinders were non-excisable under entry 33C as they had no inbuilt electric power motor. Therefore, so far as the petitioners manufacturers were concerned, the aforesaid entry 33C was not attracted. So far as other similar products were concerned, even the Central Government had in the order, dated May 31, 1972, taken this view. The Gov...
Tulsidas Narsidas Vs. Special Land Acquisition Officer, Ahmedabad
Court: Gujarat
Decided on: Dec-16-1974
Reported in: AIR1976Guj145
ORDER1. This Revision Application is directed against the order of Taxing Officer recorded oil 27th February 19TS under the Bombay Court-fees Act, 1959. The facts of the case, briefly stated, are as under. The appellant filed in this Court First Appeal No. 97 of 1965 against the award of compensation made by the City Civil Court at Ahmedabad in respect of the land acquired under the Land Acquisition Act. That appeal was admitted. Thereafter the appeal came up for final hearing on 9th November 1970. On that day it was withdrawn by the appellant.2. Thereafter the appellant made an application to this Court on 22nd November 1972 under Section 43 of the Bombay Courtfees Act, 1959 for refund of half the Courtfees. The Taxing Officer rejected that application on the ground that it was barred by time-3. It is that order of the Taxing Officer which is challenged by the appellant in this Civil Revision Application.4. Section 43 of the Bombay Courtfees Act provides for cases in which a part of t...
Smt. Fatmabai Abdulkadar W/O Abdul Kadar Abdul Raheman Vs. Shyamal Gho ...
Court: Gujarat
Decided on: Dec-12-1974
Reported in: (1975)16GLR846
T.U. Mehta, J.1. The petitioner herein is the wife of the detenu named Abdul Kadar Abdul Rehman Papad of Surat, and has challenged the detention of her husband ordered by the respondent No. 1, who is the District Magistrate, Surat, under Section 3(1)(c)(i) of the Maintenance of Internal Security Act, 1971 (which is hereinafter referred to as 'The Act') as amended by Ordinance No. 11 of 1974. The said order of detention is passed by the above said authority on 7th October, 1974. By a letter of the same date the respondent No. 1 communicated to the detenu the following three grounds of detention:1. On 12-2-1971 a car bearing registration No. BMZ-6380 in which you were sitting was searched by the Police on the kutcha road near Rameshwar Mahadev close to Kavi in Broach district. The search resulted in the recovery of smuggled goods valued at Rs. 24500/-. inquiries revealed that you had contributed money for the purchase of the smuggled goods under seizure. In this connection the Assistant ...
J.D. Patel and anr. Vs. Union of India (Uoi) and ors.
Court: Gujarat
Decided on: Dec-11-1974
Reported in: 1978(2)ELT540(Guj); (1975)GLR1083
B.K. Mehta, J.1. Petitioner No. 1 is a partner of petitioner No. 2 firm carrying on business of manufacturing Resins and inter-lining material used by tailors and garment makers for collars of shirts and bush-shirts at Udhna in Surat district. The factory of the petitioner-firm went into production in the month of April, 1960. The Excise authorities in the initial stages classified the product of the petitioner firm to be liable to excise duly under sub-item (III) of Item No. 19 in the Schedule to the Central Excises and Salt Act, 1944, which subjected cotton fabrics impregnated or coated with preparations of cellulose derivatives or of other artificial plastic materials to the duty for the time being leviable on the base fabrics, if not already paid. It is the case of the petitioners that the Excise Authorities at Kanpur charge similar product manufactured by M/s. India Coating and Laminating Corporation having its factory at Kanpur as cotton fabrics not otherwise classified under Ite...
In Re: Hathising Manufacturing Company Ltd. (In Liquidation)
Court: Gujarat
Decided on: Dec-10-1974
Reported in: [1976]46CompCas59(Guj)
D.A. Desai, J.1. One Shri Rajendrakumar Maneklal has filed this petition under section 391(1) of the Companies Act, 1956, praying for an order sanctioning the scheme of compromise and arrangement between Hathising . (in liquidation) (hereinafter referred to as 'the company') and its members and creditors. 2. The company was incorporated on 14th July, 1897, under the Indian Companies Act, 1887. At the relevant time, its original authorised capital was Rs. 5,25,000, consisting of 525 equity shares of Rs. 1,000 each. Its issued, subscribed and paid up capital was Rs. 4,45,000 consisting of 445 equity shares of Rs. 1,000 each. Subsequently, by amendment and alteration of the capital clause of the memorandum of association, the issued, subscribed and paid up capital was Rs. 2,22,500. In all, 890 shares each of Rs. 250 fully paid were subscribed. The main object for which the company was incorporated was spinning of cotton yarn. In course of time, it had an installed capacity of 14,000 spind...
Bhagwanji Murubhai Sodha and ors. Vs. Hindustan Tiles and Cement Indus ...
Court: Gujarat
Decided on: Dec-10-1974
Reported in: (1976)GLR835; (1977)IILLJ95Guj
J.B. Mehta, J.1. The claimants have filed this appeal as the workman compensation commissioner and the learned single Judge have turned down the claim for compensation on the death of the deceased Murubhai, the motor driver of the respondent-factory. 2. The short facts which have given rise to this appeal are as under : The claimants are two sons and the widow Maniban of the deceased who was working as a motor driver of the respondent since last 12 years. Admittedly the deceased had been working with this factory and he was aged 62 years at the time of his death on August 28, 1965. His hours of work were from 9.00 a.m. to 12.00 noon and from 3.30 p.m. to 7.00 or 7.30 p.m. in the evening. At about 6.30 p.m. on August 28, 1965, after the factory was closed, the deceased driver had taken manager Anantrai, Ext. 27, to Chandi Bazaar about 1 1/2 miles from the factory. The manager had to buy some grocery and therefore, both the manager and the deceased came on foot to the grocery shop after ...
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