Gujarat Court July 1974 Judgments
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Soni Jagjivan Narsi Vs. Manchhaben Odhavi
Court: Gujarat
Decided on: Jul-12-1974
Reported in: (1975)16GLR991
S.H. Sheth, J.1. The plaintiff filed against the defendant the present suit for recovering possession of the suit premises on four grounds. Firstly she alleged that the defendant has acquired vacant possession of a suitable residence within the meaning of Section 13(1)(1) of the Bombay Rent Act. Secondly, she alleged that she requires the suit premises reasonably and bonafide for her occupation within the meaning of Section 13(1)(g) Thirdly, she alleged that the defendant has unlawfully sub-let the suit premises and was, therefore, liable to be evicted under Section 13(1)(e). Lastly she alleged that the defendant had been in arrears of rent and had, therefore, rendered himself liable to be evicted under Section 12 of the Rent Act.2. The defendant in his turn challenged the validity of the statutory notice served upon him.3. The learned Trial Judge upheld the validity of the statutory notice and negatived all the grounds of eviction raised by the plaintiff. He, therefore, dismissed the ...
Smt. Kusumben Popatlal Vs. Mahendrakumar Parmananddas Popat
Court: Gujarat
Decided on: Jul-11-1974
Reported in: (1975)16GLR348
S.H. Sheth, J.1. The tenant filed in the Civil Court at Rajkot Misc. Application No. 356 of 1969 for fixing standard rent of the premises in his possession. The premises are situate in the city of Rajkot and consist of 2 rooms and a kitchen. The contractual rent of the premises is Rs. 125/- per month. The landlord denied the tenant's case that the contractual rent was excessive.2. The learned trial Judge on appreciation of evidence dismissed the tenant's application on merits.3. The tenant applied to the District Court at Rajkot for the revision of that orderunder Section 29(3) of the Bombay Rent Act. The learned District Judge allowed the revision application and fixed the standard rent of the premises in question at Rs. 75/- per month.4. It is that revisional order which is challenged by the landlord in this revision application filed under Section 115 of the Code of Civil Procedure.5. Mr. Zaveri appearing for the landlord has raised two contentions before me. His first contention is...
Star Engineering Works Ltd. Vs. Official Liquidator of the Krishnakuma ...
Court: Gujarat
Decided on: Jul-09-1974
Reported in: (1975)0GLR371
Divan, C.J.1. In this application in the form of a judge's summons it is prayed that the applicant may be permitted to proceed with Long Cause Suit No. 254 of 1972 filed by the applicant against the company in liquidation in the High Court of Judicature at Bombay or in the alternative that the suit may be ordered to be transferred to this court and the applicant may be permitted to proceed with the same. The applicant has further prayed that the respondents be ordered to give an inspection of the properties of the said company in their custody to the applicant. This judge's summons came up for hearing before our learned brother, J. B. Mehta, J., and by order dated April 15, 1974, our learned brother referred it to a Division Bench because he felt that the point involved was an important point and of wide public importance and required full consideration of the various decision hereinafter referred to. 2. The applicant is a limited company and carries on business, inter alia, of manufac...
Morvi Cotton Merchants' Industrial Corporation Ltd. Vs. the State of G ...
Court: Gujarat
Decided on: Jul-03-1974
Reported in: [1975]36STC347(Guj)
J.B. Mehta, J. 1. The Tribunal has posed the following three questions to this court : '(1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the failure to record a finding by the Sales Tax Officer about the absence of reasonable excuse before the penalty is imposed under section 10A read with section 10(d) of the Central Sales Tax Act, 1956, is not material (2) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the applicant-firm had failed to make the use of kantan purchased by it against certificates in form C without reasonable excuse and, that, therefore, a penalty under section 10A read with section 10(d) of the Central Sales Tax Act, 1956, was leviable (3) Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that the maximum penalty that can be imposed under section 10A of the Central Sales Tax Act, 1956, would be one and half tim...
Dahyabhai Motiram (Deceased Through His Heir) and anr. Vs. Nathubhai B ...
Court: Gujarat
Decided on: Jul-03-1974
Reported in: (1975)16GLR404
S.H. Sheth, J.1. The plaintiff-landlord filed against the defendant-tenant the present suit for recovering possession of the suit premises on three grounds. Firstly, he alleged that the defendant had been in arrears of rent from December 1, 1967 to November 30, 1968. Secondly, he alleged that his required the suit premises reasonably and bona fide for his own occupation. Thirdly, he alleged that the defendant had built a suitable residence for himself. The rent of the suit premises is Rs. 63.50 per month. The suit premises are situate in the town of Billimora. The defendant denied the plaintiff's claim and contended that the statutory notice served upon him by the plaintiff was invalid. Before the learned trial Judge, the plaintiff gave up his contention as to arrears of rent and proceeded with the trial of the suit on two other grounds of eviction. The learned trial Judge negatived the defendant's contention that the statutory notice served upon him was invalid. He also negatived the ...