Gujarat Court February 1975 Judgments
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Sharda Education Trust (Through Shrinatverlal Ranchhoddas Patel Its Ma ...
Court: Gujarat
Decided on: Feb-28-1975
Reported in: (1976)17GLR298
P.D. Desai, J.1. The petitioner is the managing trustee of a registered public trust (sharda education trust) the object of which is to promote educational activities. On or about January 21, 1974 the trust in question took over the management of a primary school known as 'Sardar Vidya Vihar' from another public trust with all rights and liabilities. The name of the school was then changed and it was renamed as 'Sharda Vidyalaya'.2. The public trust from which the management of the primary school in question was taken over had made an application to the district education officer, Ahmedabad on November 28, 1973 for starting a secondary school (standards VIII and IX) after the sharda education trust took over the management, it pursued the said application. On January 21, 1974, the district education officer, Ahmedabad informed the petitioner that the application for starting a secondary school was filed as no permission to start a new secondary school was to be given for the time being...
Fatehsinh Madhusinh Rathod Vs. N. Rama Iyer, Commissioner of Police, ( ...
Court: Gujarat
Decided on: Feb-27-1975
Reported in: (1976)17GLR172
J.M. Sheth, J.1. This appeal is directed against the judgment and decree passed by the learned judge of the city civil court, 5th court, Ahmedabad, in Civil Suit No. 1266 of 1965. The suit has been dismissed on a preliminary ground, that the suit is barred by limitation in view of the provisions of Section 161(1) of the Bombay police Act, 1951 (which will be hereinafter referred to the Act).2. Plaintiff-appellant Fatehsinh Madhusinh Rathod was, at the relevant time, working as a police sub-inspector and was made a member of the prohibition and gambling squad consisting of himself, three head constables and nine constables. The task of the said special squad was to detect and investigate prohibition and gambling offences committed within the city of Ahmedabad. According to the instructions issued by the Commissioner of Police by notice dated 26-5- 1960, the charge-sheets in respect of offences detected and investigated by the special squad had to be prepared and submitted by the respect...
inayatkhan Mohmed Jan Khan Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Feb-27-1975
Reported in: (1976)17GLR285
M.P. Thakkar, J.1. The focus of disputation in the present appeal is Section 70A of the Bombay Public Trusts Act, 1950 (trust Act). Is it retrospective in operation in the sense that it can be invoked to rectify errors committed even prior to the enforcement of the said section in 1954 as contented by the respondent state? Or is it prospective in the sense that it can be invoked only to rectify errors committed subsequent to its introduction as canvassed by the appellant?2. Before we tune in to the main question, a swift glance at the facts is called for. On may 15, 1952 one Fejmohmad made an application praying that land comprised in S. No. 156 should be declared as public trust property and that it should be registered as rajbai takia kabrastan inasmuch as the said land was assigned to the muslim community of Palanpur by the then nawab of Palanpur for use as a grave-yard. The application was registered as inquiry No. 1209 of 1952. Within five months the application was granted and an...
State of Gujarat Vs. Indravadan Harilal Mody and ors.
Court: Gujarat
Decided on: Feb-26-1975
Reported in: (1976)17GLR240
M.P. Thakkar, J.1. The question which has cropped up in the present appeal is as regards the forfeiture of a bond executed by two sureties in form 4 of Appendix F of Civil Manual Vol. II. The bond was executed by them as sureties for a nazir in a district court. The nazir is alleged to have misappropriated golden ornaments worth about Rs. 16,803-27 p. Which were lying in the district and sessions court as muddamal articles in connection with some criminal cases. Shri I.P. Dave, then District & Sessions Judge of Ahmedabad passed an order on August 21/22,1957 in the following terms calling upon the sureties to tender the amount of Rs. 5000/- mentioned in the surety bond without affording them any hearing to show cause against the proposed order:Whereas you have jointly and serverally stood as a surety to the tune of Rs. 5000/-for shri R.M. Shukla, ex-nazir, district court, Ahmedabad by executing a bond on 21-1-53.And the said Shri R.M. Shukla, having been suspended from Government servic...
Thacker Dungershi Parshottam and ors. Vs. Thacker Damji Virjl
Court: Gujarat
Decided on: Feb-17-1975
Reported in: (1976)17GLR246
S.H. Sheth, J.1. The plaintiffs are the trustees of Shamji Dungarshi trust of Anjar in Kutch District. They alleged that Shamji Dungarshi, the settlor, had given 299 gold mohors and certain ornaments to the defendant on Bhadarva Vad 3 of Kutchi Samvat 1997 corresponding to 19th September 1940. Shamji, the settlor, had made a note in respect thereof in his account-book and the defendant had acknowledged the receipt thererof. Shamji executed a will on 8th January 1941 and appointed three trustees under that will. Subsequently he himself cancelled during his lifetime the appointment of one of them. Another trustee died and the third trustee resigned. Shamjis widow Sakarbai and his daughter Laxmibai filed Civil Suit No. 47 of 1954 in which they impleaded the third trustee Anandji Khimji as a defendant along with the patels of the community. In that suit they prayed for a declaration that the will made by shamji had not been made by him in a sound disposing state of mind and they also praye...
Sate of Gujarat Vs. Patel Devjibhai Khimjibhai
Court: Gujarat
Decided on: Feb-15-1975
Reported in: (1976)17GLR196
B.K. Mehta, J.1. This is an appeal by the state of Gujarat against the judgment and decree of the City Civil Judge, Ahmedabad dismissing the suit of the state Government for recovery of Rs. 36, 781-09 paise after adjusting an amount of Rs. 11,536-97 paise being the amount of security deposit against an amount of Rs. 48,318-06 paise being the price of the materials, namely, steel, cement and steel-wire as well as empty cement bags supplied to the respondent-contractor. The suit has been dismissed by the learned city civil judge on the short ground that the suit was premature in view of the provision contained in Clause 30 of the suit contract, requiring an aggrieved party to approach the superintending engineer before taking any legal Action. The learned City Civil Judge has on the merits of the case found that the state Government was entitled to recover Rs. 36 781-09 paise from the respondent-contractor. It is this judgment and decree which is the subject matter of this first appeal b...
Gopalbhai Karamshibhai Patel and ors. Vs. C.M. Joshi, Dy. Secretary, R ...
Court: Gujarat
Decided on: Feb-14-1975
Reported in: (1976)17GLR108
J.B. Mehta, J.1. The three petitioners are tenants since about 25 years on the land in question and they are using it for the non-agricultural purpose as tenants of respondent No. 3 occupant. The petitioners have filed this petition challenging the two orders at Annexures a and b, dated December 5, 1969, and November 19, 1971 respectively, refusing permission for N.A. use on the ground that the tenants could not apply and seeking to evict the petitioners from the land in question.2. The short facts which have given rise to this petition are as under:The land in question is S. No. 1168/C/1A and City Survey No. 6790/1/A admeasuring about 1789 sq. Yds. And is situated in the limits of the Kapadvanj town within the municipal limits. The land is situate on the station road in a developed locality of the Kapadvanj town for which the town planning scheme has been prepared and even a master plan has been prepared. Surrounding this land there are saw-mills, hotel, factories, business premises, ...
Langpoklakpam Damu Singh Vs. Irengbam Achouba Singh and ors.
Court: Gujarat
Decided on: Feb-14-1975
Reported in: 1975CriLJ1088
ORDERBaharul Islam, J.1. This is an application in revision and for quashing certain proceedings under Section 145 of the Code of Criminal Procedure, 1973 (hereinafter called 'the Code'). The dispute relates to a piece of land measuring one pan of land. The second party is the petitioner before this Court. The case of the first party was that he engaged the second party as tenant of the land for about 2 or 3 years, but he failed to pay the loushal and as such he does not like to keep him as a tenant and asked the first party in time not to cultivate the land. He apprehended breach of the peace when he went to cultivate the land and as such filed the application.2. Eventually, the Magistrate drew proceedings under Section 107 of the Code against the present petitioner by his order dated 28-3-1974 and by his order dated 3-8-1974 he directed him to-execute an interim bond of Rs. 1,000/- with one surety of like amount to keep the peace during the pendency of the case.3. When there is likel...
Maganbhai Vanarshibhai Patel Vs. the State of Gujarat and ors.
Court: Gujarat
Decided on: Feb-11-1975
Reported in: AIR1976Guj84; (1975)GLR839
A.D. Desai, J.1. The facts as they ,appear from record are that S. Nos. 540/1, 540/2 and 540/3 were in possession of the petitioner as a tenant and under the provisions of the Tenancy Act, he had become a deemed purchaser of these lands in the year 1956. A notification under section 4 of the Land Acquisition Act (hereinafter referred to as the Act) was issued on July 21, 1971 and several survey numbers which included the aforesaid 3 survey numbers were declared likely to be needed for public purpose, namely, for the construction of houses by the Gujarat Housing Board under the development scheme. A personal notice of this acquisition was issued to the petitioner on July 21, 1971 but in the said notice S. No. 540/1 was not mentioned as the land which was to be acquired. The petitioner in pursuance of the acquisition notice served upon him, filed his objections under Section 5-A of the Act raising many objections to the acquisition of the said two survey numbers. It was contended by the ...
Vallabhdas Manjibhai Dholakia and ors. Vs. Commissioner of Income-tax, ...
Court: Gujarat
Decided on: Feb-07-1975
Reported in: [1975]98ITR403(Guj)
P.D. Desai, J.1. The second and third petitioners are firms registered under the Indian Partnership Act, 1922. The first petitioners is a partner in the said two firms. The said firms carry on the business of building contractors and their principle place of business is in Wadhwan City, District Surendranagar. Between December 14, 1964, and July 19, 1969, the second petitioner entered into nine separate contracts for construction of buildings with different co-operative housing societies. Likewise, between April 28, 1967, and August 24, 1969, the third petitioner entered into five separate contracts of similar nature with different co-operative housing societies. It appears that the value of those contracts exceeded fifty thousand rupees and the concerned petitioner was, therefore, required to furnish to the Income-tax Officer having jurisdiction to assess it particulars relating to the contracts within one month of the making of the contracts under section 285A of the Income-tax Act, ...
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