Court : Gujarat
Reported in : (1977)18GLR133
D.P. Desai, J.1. This matter arises out of an application filed under Section 127(3) of the Code of Criminal Procedure, 1973 (hereafter referred to as 'the Code'), and raises an interesting question of general importance. The matter has been referred to the Division Bench by our learned brother A.D. Desai, J. The facts may now be stated.2. Petitioner No. 1 in this application is divorced wife of opposite party No. 1 and petitioner No. 2 is their daughter. The parties are Mohmedans. The wife filed Misc. Criminal Application No. 313 of 1974 before the learned Judicial Magistrate, First Class, Bhavnagar under Section 125 of the Code for monthly allowance both in respect of herself and her minor daughter, petitioner No. 2, for the purpose of their main tenancy. In this application, the learned Magistrate, by his order dated August 20, 1975 fixed monthly allowance for the wife at Rs. 50/- and that for the daughter at Rs. 25/-. It was awarded from the date of the application. Thereafter, the...
Tag this Judgment!Court : Gujarat
Reported in : (1977)18GLR788
M.P. Thakkar, J.1. The pivotal question is whether there was an implied condition in an oral contract of employment obliging the respondent workman who joined the services of the petitioner Company as Accounts Clerk in 1962 at a small monthly salary of Rs. 175/- to submit to a transfer to a branch of the employer Corporation in some other town or city. The Labour Court at Rajkot negative the contention of the petitioner that there was an implied agreement between the parties that the employee concerned was transferable to any branch of the Company in any city. This finding of fact on which the fate of this petition under Article 227 of the Constitution of India hinges is sought to be assailed by the petitioner Company.2. Now admittedly transferability out of the city was not an express condition of service. Can it then be imposed on an employee by ascribing it to him under the doctrine of an implied term of service? It can be read into the contract as an implied term if there is some c...
Tag this Judgment!Court : Gujarat
Reported in : AIR1978Guj82; (1977)0GLR549
J.B. Mehta, J. 1. These Special Civil Application which are before us are dismissed with costs. The reasons will follow, Interim relief, if any, granted in each of these petitions, is vacated, Rule discharged.The learned counsel appearing for the petitioner in these petitions (except Special C.R.1236/65) made an oral application for leave to appeal to the Supreme Court under Article 13(1) of the Constitution, We are unable to certify that any substantial question of law of general importance which in our opinion, requires to be decided by the Supreme Court arises in this batch of Special Civil Application. Leave refused:.We, therefore, now give our reasons for the said decision.2. In all these petitions, the petitioners have been issued notices of eviction under S. 54 of the Bombay Town Planning Act, 1954 (hereinafter referred to as 'the Act') read with Rule 27 of the Bombay Town Planning Rules, 1955 (hereinafter referred to as 'the Rules) because their right to occupy their-final plot...
Tag this Judgment!Court : Gujarat
Reported in : (1977)18GLR594
M.P. Thakkar, J.1. An Inspector of Prohibition and Excise posted at Baroda took the view that in regard to applications made by the petitioner Company (a manufacturer of rectified spirit, etc. for industrial purposes) (i) seeking permission to remove alcohol for internal use or for issuance to other licensees, (ii) for removal of alcohol to the place of manufacture of medicinal preparations and (iii) for removal of the finished preparations, court-fee stamp of 65 naye paise is liable to be affixed and not court-fee stamp of 20 naye paise as was being done hitherto. His view has been confirmed by the Director of Prohibition and Excise, Gujarat State (respondent No. 2) by the impugned order dated December 12, 1973. The petitioner Company has thereupon invoked the jurisdiction of this Court under Article 227 of the Constitution of India and has contended that the practice obtaining till 1972 was the correct practice and that there was no warrant for insisting on the affixation of a court-...
Tag this Judgment!Court : Gujarat
Reported in : (1977)18GLR452
M.P. Thakkar, J.1. Did or did not the petitioners have the requisite mens rea to commit an offence (assuming that it is not an absolute offence and mens rea is a must) in excavating minor minerals after 'applying for' but before 'actually obtaining' the requisite licence under the relevant rules? The petitioners contend that they had none, and that the trial Court erred in holding otherwise.2. The facts are not in dispute. The petitioners who are the office-bearers of a Co-operative Society doing business under the name and style of 'Sabarmati Reti Udyog Kamdar Sahakari Mandli Ltd.' were carrying on the work of excavating and removing sand from S. No. 859/51 situated on the bank of river Sabarmati within the limits of the Municipal Corporation of Ahmedabad on June 9, 1972. It is also not in dispute that such excavation work cannot be carried on without obtaining a mining lease under the Mines and Minerals (Regulation and Development) Act, 1957 read with the relevant rules framed under ...
Tag this Judgment!Court : Gujarat
Reported in : (1979)1GLR159
B.K. Mehta, J.1. A short but interesting question as to what is the effect of arbitration clause by way of condition precedent, which is otherwise known as Scott v. Averry clause, contained in a contract between an Indian suppliers and a foreign buyer for a foreign arbitral machinery for resolving disputes under the said contract on a suit filed in Indian Court without complying with the condition precedent, arises in these revision applications. The question arises in the following circumstances:2. The plaintiff-Company which is respondent before me (hereinafter referred to as 'the suppliers') entered into a contract of June 19, 1972 with the defendant-company, which is the petitioner before me (hereinafter referred to as '(he foreign purchasers') for sale and supply of 1000 metric tons of Indian groundnut extraction in bulk to be shipped in December, 1972 on board the ship to be named by the foreign purchasers at a price of 33-15 per metric ton FOS Bedi Port on Saurashtra coast in th...
Tag this Judgment!Court : Gujarat
Reported in : (1977)18GLR814
P.D. Desai, J.1. In this group of nine Writ Petitions, the petitioners are three Nagar Panchayats and six Gram Panchayat constituted under the Gujarat Panchayats Act, 1961 (hereinafter referred to as 'the Panchayats Act'). The challenge in the petitions is directed towards two sets of notifications; (1) six notifi cation', each dated May 6, 1975, issued by the State Government in exercise of the powers conferred by Section 16 of the Gujarat Industrial Development Act, 1962 (hereinafter referred to as 'the G.I.D.C. Act') and published in the Gujarat Government Gazette dated May 7, 1975, declaring, inter alia, that the provisions relating to notified areas as contained in Chapter XVI-A of the Gujarat Municipalities Act, 1963 (hereinafter referred to as 'the Municipality Act') and other specified provisions of that Act shall extend to and be brought into force in six industrial areas notified by the State Government under the G.I.D.C. Act and directing that the provisions of the Panchayat...
Tag this Judgment!Court : Gujarat
Reported in : (1977)18GLR660
D.P. Desai, J.1. In a petition to file in Court an arbitration agreement under Section 20 of the Arbitration Act, 1949 (hereafter for brevity's sake referred to as 'the Act'), numbered as Special Suit No. 140 of 1976, an application for temporary injunction was given by the plaintiffs praying that pending the hearing and final disposal of the suit, the defendants, their servants and agents be restrained from stopping supply of liquid ammonia to the plaintiffs and that the defendants be ordered to supply to the plaintiffs liquid ammonia in terms of the agreement dated 16th December, 1970 on the plaintiffs paying to the defendants the price thereof as may be demanded by the defendants without prejudice to the rights and contentions of the parties. The plaintiffs are a public limited company engaged in manufacture of Sodium Nitrite and Sodium Nitrate, which required liquid ammonia for the manufacture. Admittedly, the agreement dated December 16, 1970 was entered into between the plaintiff...
Tag this Judgment!Court : Gujarat
Reported in : (1977)0GLR576
Obul Reddi, C.J.1. This appeal preferred by the appellants, the Union of India and the Regional Director, Company Law Board, Western Region, Bombay, is directed against the judgment of Divan J., as he then was, on this court, in Company Petition No. 2. of 1972, allowing the application filed by New Shorrock Spinning and . (hereinafter referred to as 'the transferee-company') for amalgamation with M. G. Investment and Industrial Company Ltd. Bombay (hereinafter referred to as 'the transferor-company') under section 394 of the Companies Act, 1956. The main object of the proposed amalgamation was to better utilise the credit-worthiness and resources of the Transferee-company so as to improve its financial position with corresponding advantage to the shareholders of the transferor-company. The amalgamation of the two companies was desired so that the combined business might be carried on by the transferee-company to the mutual advantage of the shareholders of both the companies. So, for th...
Tag this Judgment!Court : Gujarat
Reported in : 1976ACJ507; (1977)0GLR681; (1977)IILLJ510Guj
D.A. Desai, J.1. Law's proverbial delay can be a cause of untold misery, agony and torture to a poor litigant is best illustrated by the facts of this case. 2. Appellant is the original applicant before the Commissioner for Workmen's Compensation, Ahmedabad. She is the widow of one Shaikhamu Shaikhmahomed, an unfortunate mill hand who happened to be engaged and employed by the respondent, company. While serving with the respondent he was on duty on 3rd August, 1960 in the second shift which commenced around 3.30. P.M. Shaikhamu left his house at 3.00 P.M. to report for duty at the textile mills of the respondent-company. He entered the weaving department at the time appointed for starting of the second shift, He worked upto 5-30 P.M. when he was found lying in a passage near the weaving loom on which he was working. His colleague at the nearby loom one Ahmadbhai Avadhbhai Ext. 10 saw deceased Shaikhamu lying and he was taken to the dining shed, where on examination he was found to be d...
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