Gujarat Court December 1974 Judgments
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Bhagwanji Murubhai Sodha and ors. Vs. the Hidustan Tiles and Cement In ...
Court: Gujarat
Decided on: Dec-10-1974
Reported in: (1976)17GLR835
J.B. Mehta, J.1. The claimants have filed this appeal as the workmen 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 the two sons and the widow Maniben 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 12-03 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, Ex. 27, to Chandi Bazaar about 1 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 par...
Rama Krishna Wire Works and ors. Vs. P.T. Pohowala Assistant Collector ...
Court: Gujarat
Decided on: Dec-06-1974
Reported in: 1978(2)ELT64(Guj)
J.B. Mehta, J.1. These six petitions are completely concluded by our earlier, decisions in Special Civil Application No. 780 of 1970, decided on April 28, 1971, where I spoke for the Division Bench consisting of myself and A.D. Dcsai J. In that decisions this metallised yarn in the form of thin strips of laminated polyster film was, on a harmonious interpretation of both the entries 15A(2) and 18, by keeping them in their respective fields, without cutting down the import of entry 15A(2) or without widening the scope of entry 18, held to fall specifically under item 15A(2) and not at all under entry 18, 'Synthetic yam' relating to fabrous yarn only. This decision was followed by this High Court even in the context of Plastic yarn in Special C.A. No. 509 of 1969 decided on June 22, 1971, where 1 spoke for the Division Bench cosisting of myself and S.N. Patel J. In view of this settled legal position Mr. Vakharia only wanted to distinguish these discisions by the affidavit filed in the p...
Joshi Indulal Vallabram Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Dec-05-1974
Reported in: (1975)16GLR1096
B.K. Mehta, J.1. The petitioner herein on behalf of himself and 287 other share-holders similarly situated like him has filed this petition in representative capacity under Order 1 Rule 8 of the Civil Procedure Code challenging the coercive recovery proceedings initiated by respondent No. 4 herein, who is Additional Special Recovery Officer, Co-operative Societies of Mehsana district, at the instance of respondent No. 3, who happens to be Liquidator of the society known as 'Kheralu Taluka Utpan Kharid Vechan Sangh Limited' for recovery of contributions remaining unpaid by the petitioner and other share-holders represented by him since they happen to be share-holders of the Aforesaid society.2. In order to appreciate the contentions which have been urged by Miss V.P. Shah, the learned Advocate, appearing on behalf of the petitioner, a few facts need be stated.3. The aforesaid society was registered under the Sahakari Mandali Nibandh (a law pertaining to Co-operative Societies) as was in...
Porbandar Nagar Palika Vs. V.G. Patel Controlling Authority Under the ...
Court: Gujarat
Decided on: Dec-03-1974
Reported in: (1975)16GLR963
P.D. Desai J.1. The sole question which falls for determination in this writ petition is whether the provisions of the Payment of Gratuity Act, 1972 (hereinafter referred to as the Act) apply to a local authority constituted and functioning under the provisions of the Gujarat Municipalities Act, 1963 and the question arises in the context of the facts stated hereinafter.2. The Porbandar Nagar. Palika, the petitioner herein, is a local authority which employs a staff of several persons of different competence for discharging its functions and duties. Respondents Nos. 2 to 8 were in the employment of the Petitioner and all of them except respondent No. 8 have retired on attaining the age of superannuation. Respondent No. 8 has given up his job by tendering resignation. The said respondents were entitled to gratuity and they accordingly made a claim in that behalf. The petitioner was of the view that the rules relating to gratuity contained in the Bombay Civil Services Rules, as then in f...
Vakhatsinh Somsinh Vs. State of Gujarat
Court: Gujarat
Decided on: Dec-03-1974
Reported in: (1975)16GLR1034
M.C. Trivedi, J.1. Applicant Vakhatsinh Somsinh, undertrial prisoner No. 447 in the District Jail at Junagadh, has filed this application under Section 167 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) for releasing him on bail. The allegation against him is that he committed murder and, thereby, committed an offence under Section 302 of the Indian Penal Code. During the investigation of the offence, he was arrested by 'the police. He was then produced before the learned Judicial Magistrate, First Class, Junagadh. He was remanded to the judicial custody under Section 167 of the Code. He made an application under Section 437 of the Code for releasing him on bail. The learned Judicial Magistrate, by his order dated 21-9-75, rejected his said application. Thereafter, he filed Criminal Miscellaneous Application No. 53 of 1974 in the Court of the learned Sessions Judge, Junagadh, for releasing him on bail. By the order dated 9.10.74, his said application was ...
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