Gujarat Court July 1974 Judgments
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Chhanuben Vs. Manubhai Prabhudas Acharya
Court: Gujarat
Decided on: Jul-31-1974
Reported in: AIR1976Guj62; (1975)GLR712
ORDER1. A short question which arises in this petition is. whether the order of the Deputy Collector. Baroda under Section 23-A of the Bombay Rents Hotel and Lodging House Rates control Act. 1947. permitting the opponent herein to have electric connection in the premises belonging to the petitioner herein is a legal order. The question arises in the following circumstances:2. The opponent herein filed an application before the Collector. Baroda under Section 23-A of the Bombay Rent Act for obtaining permission for having electrical installation in the premises in possession of the opponent belonging to the petitioner-landlord. on 28th December. 1972. The Deputy Collector. Baroda issued a notice to the petitioner in the matter. The petitioner filed his reply objecting to the right of the opponent herein to have electrical connection. contending. inter alia that the Deputy Collector had no jurisdiction to grant permission sought for. The Deputy Collector. after hearing the parties. rejec...
Bai Annapurna Shantilal Vs. Kantilal Laljibhai and ors.
Court: Gujarat
Decided on: Jul-30-1974
Reported in: AIR1976Guj10
1. These two, appeals arise out of the order Passed by the learned Extra Assistant Judge, Baroda in Misc. Civil Applications Nos 138 and 139 of 1967 against the orders passed in Revision Applications Nos. 13/67 and 94 of 1967 passed by the learned Joint Charity Commissioner.2. The facts leading to these appeals briefly stated are as under :-Narayandev Maharaj Mandir at Varnama. Ta. Baroda is a Public trust registered under No. A 19 (Baroda). The application for its registration was made in 1952 by Bai Nathi widow of Fulji Nathuram and Laljibhai Nagjibhai who has been shown in the application as two trustees of that trust. The mode of succession to the trusteeship shown by these two trustees in the application was 'as appointed by the village people.' The Assistant Charity Commissioner registered the trust on 7th April 1953 and held inter alia that these two Persons were the trustees and that the mode of succession was as shown in the application. Laljibhai Nagjibhai died On 23-12-1960 ...
Rehana Rahimbhai Kasambhai Vs. the Transport Manager, Ahmedabad Munici ...
Court: Gujarat
Decided on: Jul-29-1974
Reported in: AIR1976Guj37
T.U. Mehta, J.1. This appeal arises out of the appellant's petition before the Motor Accidents Claims Tribunal, Ahmedabad. for getting the compensation of Rs. 17,700/- on account of the injuries received by her as a result of collision with a passenger bus belonging to the Ahmedabad Municipality on 22nd July, 1968. on Maninagar-Vatva road between Uttamnagar and Prakashnagar bus stops in the evening at about 5.20 p. m. The learned Judge of the Tribunal having dismissed the appellant's claim petition, the appellant-petitioner has preferred this appeal. The petition was registered before the said Tribunal as application No. 15/69.2. The facts of the case are that the appellant-petitioner is studying in school and is residing with her parents at Isanpur. At the time of the accident she was of 16 years of age and was studying in 9th Standard. She was usually going to her school and returning home on cycle. On the day of the incident after her school hours were over she was returning home an...
Chandulal Gordhandas Vs. the Ahmedabad Municipal Corporation of the Ci ...
Court: Gujarat
Decided on: Jul-23-1974
Reported in: (1975)16GLR745
A.A. Dave, J.1. The facts giving rise to this appeal briefly stated are as follows:The appellant Chandulal Gordhandas is the owner of plot of land bearing survey number 99/1 of Rajpur-Hirpur admeasuring 1248 sq. yds. A small parcel of land admeasuring 16 sq. yds. out of this plot of land was let by the plaintiff to one Isaji alias Usmanbhai by a registered lease deed. After the death of Isaji, the demised land continued to be occupied by his heirs and legal representatives namely Mubarakblbi and her daughters. According to the plaintiff, except 16 sq. yds. of land, the remaining land admeasuring 1232 sq. yds. was lying vacant and unoccupied. He alleged that Mubarakbibi inducted certain persons on this open land without his consent and knowledge and these persons had built hutments on this land. Ultimately, on learning about the construction of the various hutments on his land, the plaintiff informed the Municipal Corporation about the same and requested the latter to take action to get...
Nayak Kalidas Motiram Vs. Menaben and anr.
Court: Gujarat
Decided on: Jul-18-1974
Reported in: AIR1975Guj36; (1975)GLR242
ORDER1. This revision petition is filed by the petitioner-tenant against the opponents- landlady and her husband -against the order passed by the learned District Judge, Mehsana, in Civil Appeal No. 115 of 1970, filed by the opponents defendants in the District Court, Mehsana. That appeal was filed by them against the order passed by the learned Civil Judge, Senior Division, Mehsana, in Regular Civil Suit No. 14 of 1969, filed by the petitioner (plaintiff) against the opponents-defendants.2. The petitioner is a tenant of a house bearing Municipal Census No. 3/ 1763 situate in Vanta's Mahad in the town of Mehsana where the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (which will be herein after referred to as 'the Act') is in force. Opponent No. 1 purchased the said house sometime in 1967 and opponent No. 2 is her husband. They are residing in a rented house with one house intervening between that house and the house in occupation of the petitioner-tenant. It was the pe...
Kusumgauri Vs. Umiben and ors.
Court: Gujarat
Decided on: Jul-18-1974
Reported in: AIR1975Guj126; (1975)0GLR222
A.D. Desai, J.1. In all these appeals which are referred to us, the question raised for our determination is whether the right of maintenance and residence which a Hindu widow whose husband has died prior to the, coming into force of Hindu Womens Rights to Property Act, 1937, has, can be held the property possessed by her as a limited owner so as to attract the provisions of sub-section (1) of section 14 of the Hindu Succession Act, 1956 (hereinafter referred to as the Act). These appeals were argued together and we shall dispose of them by this common judgment.2. In order to understand the question at issue we will first state the facts of Second Appeals Nos. 209 of 1970 and 554 on 1970. The property in dispute therein is house bearing No. 2047 situated in Ward No. 3, Salabatpura, Surat. This house originally belonged to one Thakordas who died' in the year 1931 leaving behind him his widow Devkorben, son Ganpatram, Ganpatram's wife Kusuirdien and two daughters, namely, Umiaben and Tar...
Nagindas Mulchanddas Jariwala and ors. Vs. the State of Gujarat.
Court: Gujarat
Decided on: Jul-17-1974
Reported in: (1974)15GLR837
B.J. Divan, C.J.1. These Appeals have been placed before us for the consideration of the question regarding the vires of one of the Rules framed by this High Court for regulating the procedure on the Appellate Side of the High Court, The Rules were originally framed by the High Court of Bombay as early as in 1960 and they were continued as law in force after the setting up of the State of Gujarat on May 1, 1960. However, in June 1963 some of the Rules regarding the distribution of work between Division Benches of two Judges or more and Single Judges were amended and the controversy arises under the following circumstances.2. The appellants in Criminal Appeal No. 123 of 1974 were original accused Nos. 1 to 4 in Sessions Case No. 49 of 1972 in the Court of the learned Additional Sessions Judge, Surat. Each of the four appellants has been convicted under Section 120-B and Section 420 of the Indian Penal Code or in the alternative under Section 420 read with Section 34 of the Indian Penal ...
Lilavanti Dhirajlal Boradiya Vs. Soni Harjivan Devjibhai
Court: Gujarat
Decided on: Jul-16-1974
Reported in: (1975)16GLR1002
S.H. Sheth, J.1. The plaintiff filed the present suit against the defendant for recovering possession of the suit premises on the ground that the defendant had been in arrears of rent from 1st August 1967 until the date of the suit. The suit was April 1969. The defendant in his turn challenged the validity of the statutory notice served upon him.2. The learned Trial Judge held that the statutory notice was valid and found that the defendant had been in arrears of rent from 1st November 1967 to 20th April 1969. However he held that he was protected by Section 12(3)(b) of the Bombay Rent Act. In that view of the matter he dismissed the suit.3. The plaintiff appealed against that decree to the District Court. The learned District Judge confirmed the finding recorded by the learned Trial Judge and dismissed the appeal.4. It is that appellate decree which is called in question in this Civil Revision Application bny the plaintiff.5. Mr. S.M. Shah, appearing for the plaintiff has tried to cha...
In Re: Krishnakumar Mills Co. Ltd. (In Liquidation)
Court: Gujarat
Decided on: Jul-15-1974
Reported in: [1975]45CompCas248(Guj)
B.K. Mehta, J.1. All that is asked for by this applicant is the permission to convene the meeting of the shareholders and creditors to consider with or without modifications the arrangement of the scheme of compromise and arrangement between the Krishnakumar Mills Company Ltd. under liquidation, and the creditors and members of the aforesaid mills. The application is made by one Ratilal Manila Shah, of M/s. National Machinery Mfg. Works, having their office at Tavdipura, Ahmedabad. The said firm claims itself to be a creditor of the mills-company to the tune of Rs. 1,41,000. The scheme has been opposed at the initial stage of issuing directions on the summons being taken out mainly by the two secured creditors, namely, the Gujarat State Financial Corporation and the State Bank of Saurashtra. On behalf of the Corporation as well as the State Bank of Saurashtra, affidavits-in-reply to this application have been filed and they have opposed any orders being issued by this court for conveni...
Jayantilal Keshavlal Patel Vs. Devshi Chakubhai
Court: Gujarat
Decided on: Jul-12-1974
Reported in: AIR1976Guj51; (1975)GLR603
ORDER1. The plaintiff filed the present suit for recovering possession of the suit premises from the defendant on the grounds that the defendant had unlawful1y sub-let the suit premises and that the defendant had been in arrears of rent. The defendant in his turn pleaded that the statutory notice served upon him was not valid and that standard rent of the suit premises should be fixed.2. The learned trial Judge upheld the plaintiff's plea as to unlawful subletting of the suit premises by the defendant but held that the suit notice served by they plaintiff upon the defendant was invalid. In that view of the matter he dismissed the plaintiff's claim for possession. However he fixed at the instance of the defendant the standard rent of the suit premises at Rs. 95/- per month.3. The plaintiff appealed to the District Court against the decree passed by the learned trial Judge. The learned Appellate Judge recorded no finding on the controversy relating to arrears of rent but held that the pl...
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