Gujarat Court December 1976 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.
In Re: Bhavnagar Vegetable Products Ltd.
Court: Gujarat
Decided on: Dec-24-1976
Reported in: (1977)18GLR889
D.A. Desai, J.1. This summons is taken out by the Liquidator of Bhavnagar Vegetable Products Limited (in liquidation), requesting the Court to direct the Directors of the company to sign and authenticate the audited balance sheet and profit and loss account as required by Section 215 of the Companies Act and to give necessary authentication of certificates of basic data and particulars entered into accounts and also the information and explanation as required in the draft report and the letter dated 29th November 1976 of the auditors. Further direction sought was that Tungbahdra Industries Limited (sponsor for short) and Dena Bank, United Commercial Bank, State Bank of Saurashtra, Indian Overseas Bank and Bank of Baroda be directed to get the stocks of the company physically verified, inspected and valued by M/s. General Superintendence Company (India) Private Limited and/or their representatives.2. The company was ordered to be wound up by an order made by this Court on 15th September...
Velji Shamji and Co. Vs. Official Liquidator, Bhavnagar Vegetable Prod ...
Court: Gujarat
Decided on: Dec-23-1976
Reported in: (1977)GLR889
D.A. Desai, J.1. This summons is taken out Messrs. Velji Shamji & Co., a partnership firm. The applicant is the petitioning-creditor in Company Petition No. 5 of 1976 which was a petition moved by the applicant praying for an order for winding up the company. It was presents on 15th January, 1976, and ultimately by an order made on 15th September, 1976, Bhavnagar Vegetable Products Ltd. (company for short) was ordered to be wound up. But, before winding-up order was made, on 8th March, 1976, the official liquidator was appointed as provisional liquidator and he worked as provisional liquidator till the winding-up order was made and the provisional liquidator was an appointed as liquidator of the company. An appeal has been preferred against the order for winding up the company and there was some interim relief granting the stay against the order of winding up. But, yesterday, that is, on 22nd December, 1976, when the summons was on board, I was informed that the stay is vacated as the ...
Sumatilal Sarabhai (for Self and as Heir of Deceased Appellant No. 2) ...
Court: Gujarat
Decided on: Dec-23-1976
Reported in: (1977)18GLR512
N.H. Bhatt, J.1. This is an appeal by the original plaintiffs of the civil suit no. 1624 of 1969 of the City Civil Court, Ahmedabad, where they had come to lose their suit filed for possession of the property from one Bai Manorama, the sole defendant, who is now represented by her heirs and legal representatives, she having died during the pendency of this appeal.2. The case presents a peculiar situation calling for consideration of the legal overtones of an act of surrender by the husband, who was admittedly the contracting party in the matter of an agreement of lease. The appellants-original plaintiffs are admittedly the landlords of the premises in question which was hired by the abovesaid Bai Manorama's husband Jayantilal Amratlal Shah, who is the respondent No. 1 before this Court in his capacity as one of the heirs and legal representatives of Bai Manorama, the respondents Nos. 2 and 3 being her minor children. In the year 1969, the husband and the wife were living together in th...
Chhaganbhai P. Oza Vs. the Ahmedabad Jesuit Schools Society and ors.
Court: Gujarat
Decided on: Dec-22-1976
Reported in: (1978)19GLR347
M.P. Thakkar, J.1. Are the services of a teacher liable to be terminated at the pleasure of the institution which has employed him or whether such a teacher is entitled to any protection under Section 36 of the Gujarat Secondary Education Act of 1972 (hereinafter referred to as 'the Act') is the central issue raised in this petition under Article 227 of the Constitution of India (it has been styled to be a petition under Articles 226 & 227 but inasmuch as it is directed against an order of a Tribunal, it in fact falls within the four corners of Article 227 only) by a teacher whose services have been terminated otherwise than by way of a penal action for misconduct.2. The petitioner was engaged as a permanent teacher in 1970 by respondent No. 1 Society which is running a High School at Gandhinagar known as St. Xavier's High School. The respondent institution had served a notice, Annexure 'A', dated February 28, 1975 calling upon the petitioner to show cause why his services should not b...
Kantilal Manilal Mehta Vs. Assessor and Collector Ahmedabad Municipal ...
Court: Gujarat
Decided on: Dec-15-1976
Reported in: (1977)18GLR1037
S. Obul Reddi, C.J.1. Two questions have been raised in this petition, namely: (1) that the structures put up in the premises in question are not 'buildings' within the meaning of Section 2(5) of the Bombay Provincial Municipal Corporations Act, 1949; (hereinafter referred to as 'the Act') and (2) that the respondent No. 2, Corporation, had not followed the procedure laid down in Rule 11 of the Taxation Rules made under the Act and as such the tax levied on the structures is illegal and not permissible under the provisions of the Act and the Rules made there under.2. The facts necessary for determining the questions involved are these. The petitioner carries on business of advertisement and publicity in Ahmedabad. In the course of his business, he enters into agreements of licence with the owners of various properties in Ahmedabad for putting up advertisement boards either on the ground or on a portion of the plot on which the building is situate or on the terrace of any existing build...
Cibatul Limited Vs. Union of India (Uoi) and
Court: Gujarat
Decided on: Dec-14-1976
Reported in: 1979(4)ELT498(Guj)
N.H. Bhatt, J.1. This is a petition by a Company incorporated under the Companies Act, 1956, challenging the issuance of a trade notice, Annexure G to the petition issued by the Collector of Central Excise, Baroda on 25-6-1974 under which he directed the petitioner, the manufacturers of resins inter alia to declare the assessable value for paying Central Excise Duty 'equal to the value charged by the brand-name owners to the wholesale market'.2. The short facts are that the five per cent equity share capital of the petitioner company is owned by one Ciba-Geigy of India Ltd., formerly known as Ciba of India Ltd. On or about 24-3-71, the agreement Annexure A, was entered into by the petitioner company with the said company Ciba-Geigy of India Limited under which the petitioners agreed to sell to the said buyers certain Urea formaldehyde resins and certain Melamine formaldehyde resins in accordance with the programme drawn by the seller and the buyer and the petitioners had agreed to supp...
Dalwadi Jayantilal Dahyabhai and anr. Vs. Manishanker Maneklal Pandya ...
Court: Gujarat
Decided on: Dec-09-1976
Reported in: (1978)19GLR88
N.H. Bhatt, J.1. This Special Civil Application has been referred to the Division Bench by P.D. Desai, J. of this Court as per his order dated November 16, 1976 because he found it not possible for him to agree with the judgment of the learned Single Judge of this Court in the case of Ambalal v. Jagdishchandra 17 G.L.R. 578. The short question that falls to be determined in this Special Civil Application is whether a mortgagee inducted on the agricultural piece, of land prior to 20th December 1948, the date on which the Bombay Tenancy and Agricultural Lands Act, 1948 came into operation, would be a protected tenant entitled to various protections provided for him in this Act. In the reported judgment, the learned Single Judge of this Court C.V. Rane J. held that the judgment of the Division Beach of this case in the case of Salman Raje v. Madhavsang 4 G.L.R. 817 was no longer good law in view of the judgment of the Supreme Court in the case of S.N. Kamble v. The Sholapur Borough Munici...
Purshottam S. Irani Vs. H.M. Singh, Regional Director, (Food) and ors.
Court: Gujarat
Decided on: Dec-07-1976
Reported in: (1978)0GLR1; (1979)ILLJ108Guj
Reddi, C.J.1. This special civil application has been referred to a Division Bench by our learned brother, D. P. Desai, J., as, in his opinion, the interpretation placed on Rule 34 of the Civil Services (Classification, Control and Appeal) Rules of 1957 and 1965 by Sarela, J., in S. K. Das Gupta v. O. N. G. Commission, A.I.R. 1970 Gujarat 148, is not correct. The learned Judge in the operative portion of his order of reference observed - 'Thus, in my opinion, the conclusion of Sarela, J., that Rule 55B survives notwithstanding the repeal of 1930 Rules by Rule 34 of 1957 Rules, is with respect, not correct in respect of new entrants after 1957 Rules, and in any case requires reconsideration'. 2. The fact necessary for the disposal of this petition are briefly these. The petitioner was appointed as a godown clerk in the service of the Union of India with effect from November 20, 1967 by the Regional Director (Food), Bombay. It was stated in that order that his employment was purely tempo...
Purshottam S. Israni Vs. H.M. Singh Regional Director (Food) and ors.
Court: Gujarat
Decided on: Dec-07-1976
Reported in: (1978)19GLR1
S. Obul Reddi, C.J.1. This Special Civil Application has been referred to a Division Bench by our learned brother, D.P. Desai, J., as, in his opinion, the interpretation placed on Rule 34 of the Civil Services (Classification, Control and Appeal) Rules of 1957 and 1965 by Sarela J., in S.K. Das Gupta. O.N.G. Commission, : AIR1970Guj148 is not correct. The learned Judge in the operative portion of his order of reference observed-Thus, in my opinion, the conclusion of Sarela, J., that Rule 55-B survives notwithstanding the repeal of 1930 Rules by Rule 34 of 1957 Rules, is with respect, not correct in respect of new entrants after 1957 Rules, and in any case require reconsideration.2. The facts necessary for the disposal of this petition are briefly these. The petitioner was appointed as a Godown Clerk in the service of the Union of India with effect from November 20, 1967 by the Regional Director (Food), Bombay. It was stated in that order that his employment was purely temporary and he ...
Omkar Engineering Works Vs. Superintendent of Central Excise
Court: Gujarat
Decided on: Dec-03-1976
Reported in: 1992(37)ECC31
S. Obul Reddi, C.J.1. The short question that arises in this Special Civil Application is whether the items listed, namely, tool-box, folding-pole, jack, angles supporter, chains, brake-pipe, pipe-stand, draw-bar and tomy are components of a trailer so as to make those items part and parcel of the trailer. The Central Excise Department treated the aforesaid items as integral parts of the trailer and took the value of those items also into account in levying the total amount of excise duty on the trailer on the ground that there was a short levy on account of those items not being taken into account while levying the excise duty. The Superintendent of Excise issued a show cause notice and, after obtaining the representations or the explanation of the petitioner, held that these parts constitute components of the trailer and directed the petitioner to pay the short levy of duty amounting to Rs. 1742-52 ps. That order of the Superintendent of Excise was unsuccessfully carried in appeal to...
- ‹ Prev
- Next ›