Gujarat Court January 1975 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Chandan Metal Products (Pvt.) Limited Vs. Engineering Kamdar Union, Ba ...
Court: Gujarat
Decided on: Jan-29-1975
Reported in: (1976)GLR849; (1977)IILLJ27Guj
D.A. Desai, J.1. The petitioner, Messrs. Chandan Metal Products Private Limited has challenged the award made by the industrial Tribunal (Gujarat) in Reference (IT) No. 162 of 1973 between petitioner and its workmen by which the Industrial Tribunal directed that the petitioner should implement the recommendations of the Central Wage Board for Engineering Industries in their application to the petitioner according to the phased out programme as set out in the award itself. 2. Government of India constituted a Wage Board by the Resolution of Ministry of Labour and Employment dated January 12, 1964 for the Engineering Industries. The terms of reference inter alia include : (a) to determine the categories of employees (manual, clerical, supervisory, etc.) who should be brought within the scope of the proposed wage fixation : and (b) to work out a wage structure based on the principles of fair wages as set forth in the report of the Committee on fair wages. The composition of the Wage Board...
New India Industries Ltd. Vs. Commissioner of Income-tax, Gujarat
Court: Gujarat
Decided on: Jan-23-1975
Reported in: [1977]108ITR181(Guj)
B.J. Divan, C.J. 1. In this case, at the instance of the assessee, the following two questions have been referred to us for our opinion : '(1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the agreement dated December 1, 1961, was not modified as urged by the assessee-company and that the repayment of the loan was to be made within a period of seven years (2) Whether, on the facts and in the circumstances of the case, the loan of Rs. 50,00,000 taken by the assessee-company from the Bank of Baroda Ltd. qualified for inclusion in computation of its capital for the purposes of surtax chargeable under the Act ?' 2. The facts leading to this reference are as follows. We are concerned with assessment years 1964-65, 1965-66, 1966-67 and 1967-68, the relevant previous years being calendar years 1963, 1964, 1965 and 1966, respectively. The question arises in connection with computation of capital with reference to the provisions of the Compa...
Vilas Vasantrai Shastri Vs. Vasantrai Vishnu Shastri and ors.
Court: Gujarat
Decided on: Jan-23-1975
Reported in: AIR1976Guj17; (1976)1GLR158
Surti, J. 1. This appeal is directed against the judgment and decree passed by the learned Civil Judge, (Senior Division). Navsari, in Special Civil Suit No. 23 of 1968. By the aforesaid, decree the learned Civil Judge. (Senior Division). Navsari directed inter alia that the appellant-plaintiff's suit for a declaration pertaining to sales in favour of respondents Nos. 5 and 6 be dismissed. He, however, declared that the mortgage in favour of the respondent No. 7 is not binding to the appellant-plaintiff and respondent No.2. The learned Civil Judge also held that the appellant-plaintiff had half share in the family properties except those properties alienated in favour of respondents Nos. 5 and 6. He also directed that suitable arrangements to be made for the maintenance and marriage expenses of respondent No. 3. He appointed the Commissioner to effect the partition and gave certain directions for taking accounts and for submitting his report. The operative portion of the judgment of th...
Babulal Chhotalal Sharma Vs. the State of Gujarat
Court: Gujarat
Decided on: Jan-22-1975
Reported in: 1976CriLJ565; (1975)GLR699
Divan, C.J.1. The question regarding the scope of Section 428 of the Criminal P.C. 1973, is the principal question that is required to be decided in this matter. A Division Bench of this Court consisting of J. B. Mehta and P. D. Desai. JJ., before whom this Special Criminal Application came up for final hearing found that there was a conflict of decisions between different judgments delivered by this High Court. In Aditya Ramkrishna v. State, (1974) 15 Gui LR 670, the game Division Bench of J. B. Mehta and P. D. Desai, JJ. was dealing with a case where the sentence of imprisonment was imposed after the new Criminal P.C. of 1973 (hereinafter referred to as 'the new Code1) came into force. P. D. Desai, J., speaking for the Division Bench in that case had pointed out that Section 428 of the new Code imposes a duty on the authorities and a corresponding right on the accused person to have the period of detention during the investigation, inquiry or trial of a case set off against the term ...
Natverlal Prabhashanker Trivedi and anr. Vs. Secretary to the Governme ...
Court: Gujarat
Decided on: Jan-13-1975
Reported in: (1976)17GLR102
M.P. Thakkar, J.1. Can officers belonging to the same cadre, Insurance Medical Officers, be treated differently in the matter of paying them non-practising allowance on the ground that some of them administer the allopathic system and the others administer the ayurvedic system? That is the question brought in the centre of the stage by two Insurance Medical Officers employed by the state to administer the ayurvedic system of medicine. They complain that non-practising allowance is paid to those administering the allopathic system whilst it is denied to those who administer the ayurvedic system on the ground that the two systems are different notwithstanding the fact that officers of both categories are equally debarred from engaging in private practice during the tenure of their service. The facts are not in dispute. The first petitioner, N.P. Trivedi was appointed as class iii Insurance Medical Officer, E.S.I.S. as per letter of appointment, Annexure a, dated September 21, 1964. He wa...
Purani Dhirajlal Amritlal Vs. Mehta Sankleshwar Aditram and anr.
Court: Gujarat
Decided on: Jan-10-1975
Reported in: AIR1976Guj180; (1976)GLR67
J.M. Sheth, J.1. This appeal is directed against the judgment and decree passed by the learned Assistant Judge, Nadiad, in Civil Appeal No. 108 of 1959, allowing the appeal and dismissing Regular Civil Suit No. 169 of 1957 with costs throughout.2-5. omitted as per order of Court.6. The learned Single Judge of this Court, before whom the appeal was placed for hearing, has referred it to the Division Bench and that is why the matter has come before us.7. Mr. C. M. Trivedi, appearing for the plaintiff -appellant, has urged that even though the plaintiff- appellant, in his plaint, claimed ownership over the suit Chhindi, in law he is entitled to take an alternative inconsistent plea, viz. that he has got an easement right to take air and light through the door and the openings in his back wall abutting on the suit Chhindi and he is exercising such right and making such use from times immemorial. Mr. Trivedi has vehemently contended before us that even in the decision relied upon by the lea...
Ajam Mohammad Hatia and anr. Vs. Yusuf Mohammad Bharucha and ors.
Court: Gujarat
Decided on: Jan-10-1975
Reported in: AIR1976Guj132; (1976)GLR56
ORDER1. This writ application arises out of an application under Sections 47 and 47AA of the Bombay Public Trusts Act, 1950 (hereinafter referred to as the Act) made by the petitioners to the District Court for the removal of the first respondent and one Kasam Mabmad Ajam Ismail (since deceased) as trustees and appointment of new trustees of a public trust which is registered under the Act as 'Sheth Azam Aref Bham 1/3 Wakf, Bander'. Since the other trustee whose removal was sought by the applicants died pending the application, the only question which survived for consideration of the District Court was whether any ground for the removal of the first opponent as a trustee was made on' and the learned Assistant judge found that no such ground was made out under Section 47 and that an application for removal of the first opponent as a trustee under Section 47-AA was not maintainable at the instance of the petitioners. It is this decision which is under challenge in the present petition.2...
Tajmohamad Hussainkhan Pathan Vs. V.J. Raghuvanshi
Court: Gujarat
Decided on: Jan-10-1975
Reported in: (1976)17GLR231
P.D. Desai, J.1. Survey No. 3 admeasuring approximately 7. 51 acres situate in the Ahmedabad cantonment area is undisputedly owned by the union Government. The said land was leased to the petitioner from time to time since 1937. The last of such leases was for a period of five years commencing from June 1, 1968. The said lease expired on May 31, 1973. On May 29, 1973 the assistant military estates officer, the first respondent herein, issued a notice which was served upon the petitioner on May 30, 1973 calling upon him to handover vacant possession of the leased land on the date of the expiry of the lease. The petitioner has, thereupon, filed the present petition challenging the said notice.2. Two points were urged at the hearing of the petition. First, that the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as the tenancy Act) applied to the land in question and that the petitioner was a tenant entitled to the protection of the said Act and ...
State of Gujarat Vs. Vora Jayantilal Chhotalal and ors.
Court: Gujarat
Decided on: Jan-10-1975
Reported in: (1975)16GLR661
S.H. Sheth, J.1. Jamnadas Ramchand Soni, the complainant filed against the accused Criminal Case No. 291 of 1972 in the Court of the learned Judicial Magistrate, First Class, at Harij. He alleged that he and accused Nos. 1, 3, 4 and 5 were partners of a firm which carried on business in crude oil, petrol, diesel oil and such other things. Accused No. 2 who is the son of accused No. 1 was an employee of that firm. This business was closed on or about 24th September 1971. Therefore, accused Nos. 1, 3, 4, 5 and the complainant ceased to be the partners in that business. Books of accounts, bills, vouchers and other papers of the partnership firm were handed over to the complainant. On inspection the complainant found that the accused had misappropriated partnership funds to the extent of Rs. 21,902.10 p. Some of the misappropriations which he stated in the complaint were as follows:On 6th November 1970 Rs. 4850/- were debited to the account of The State Bank of India showing that that amou...
B.L. Shukla and anr. Vs. Fatmabai Ismail
Court: Gujarat
Decided on: Jan-09-1975
Reported in: AIR1976Guj29
J.M. Sheth, J.1. This appeal is directed against the judgment and decree Passed by the learned Civil Judge. Senior Division. Junagadh, in Special Civil Suit No. 58 of 1971. filed by the plaintiff-respondent against the appellants-defendants for recovery of Rs. 10,500/- by way of damages for malicious Prosecution.2. Appellant No. 1 B. L. Shukla was at the material time a police officer attached to Chorwad Police Station. Appellant No. 2 Kanaialal K. Vora was at the material time Deputy Superintendent of Police, Verav Sub-Division. These two Police officers were concerned with the investigation of the case registered at C. R. No. 101 of 1970 of Chorwad Police Station. In the course of an inquiry under Section 174 of the Criminal Procedure Code on the information lodged by one Bharatdas Shamdas, it transpired that Prabhudas Shamdas was murdered. His death took Place on the night between 26-101970 and 27-10-1970 between 11.00 p. m. and 2.00 a.m. On 29-10-1970 at 19-15 hours information was...
- ‹ Prev
- Next ›