Gujarat Court August 1976 Judgments
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Indian Rayon Corporation Ltd. Vs. Veraval Patan Joint Municipality and ...
Court: Gujarat
Decided on: Aug-06-1976
Reported in: (1978)19GLR467
P.D. Desai, J.1. The petitioner, the Indian Rayon Corporation Ltd., is a company registered under the Indian Companies Act. It is engaged in the business of manufacturing rayon filament yarn. It holds about 250 acres of land which was, till recently, situate outside the municipal limits of Veraval town. Its factory is located on the said land and occupies approximately 163 acres out of the said land.2. The first respondent-Municipality (Veraval-Patan Joint Municipality) is a municipality constituted under the provisions of the Gujarat Municipalities Act, 1963 (hereinafter referred to as 'the Act'). It was incorporated in 1955-56. Its jurisdiction extends to the areas comprised ,within the limits of the towns of Veraval and Patan. The second respondent is the State of Gujarat.3. By a notification dated January 15,1976 (Annexure 'E') issued by the second respondent in exercise of the powers conferred by Clause (b) of Sub-section (1) of Section 4 of the Act, the limits of the first respon...
State of Gujarat Vs. Godhra Borough Municipality
Court: Gujarat
Decided on: Aug-06-1976
Reported in: (1977)18GLR636
B.K. Mehta, J.1. A Division Bench of this Court, consisting of A.D. Desai and C.V. Rane, JJ., hearing this appeal found difference of judicial opinion on the point whether a Municipality constituted under the Bombay Municipal Boroughs Act, 1925, is entitled to file suit for recovery of octroi duty, referred the following questions for our opinion:1. Whether the provisions of Sections 93 to 98 of the Municipal Act of 1925 and Sections 121 to 127 of the Municipalities Act of 1963 impose a personal liabil ity on the importer to ply octroi duty on octroiable goods imported by him within the municipal limits for consumption, use or sale.2. Whether such personal liability is imposed by octroi Rules and Byelaws of 1962 framed by the Godhra Borough Municipality.3. Whether Section 203 covers octroi dues other than those recoverable under Chapter VIII of the Municipal Act of 1925 and Chapter IX of the Munici palities Act of 1963.4. If the answer to point 3 is in the negative, whether the provisi...
Textile Labour Association, Ahmedabad Vs. Ashok Mills Ltd., Ahmedabad
Court: Gujarat
Decided on: Aug-05-1976
Reported in: [1977(34)FLR244]; (1977)0GLR241; (1978)ILLJ235Guj
J.B. Mehta, J.1. The short question which arises before us is whether the decision in Nagri Mills Ltd. v. Textile Labour Association, Ahmedabad, 12 G.L.R. 417, which has unsettled the industrial law for a decade on this question of limitation under S. 79(4) of the Bombay Industrial Relations Act, 1946, hereinafter referred to as the 'Act', in respect of continuing illegal change is correctly decided. The textile Labour Association, a representative union, has come up in this petition under Art. 227 of the Constitution of India challenging the decision of the Industrial Court, dated October 23, 1974, dismissing the four applications which were filed by this representative union on behalf of the four concerned permanent watchmen working in the respondent-mill company for a declaration of illegal change as being time-barred. The concerned watchmen were made permanent on April 10, 1967, May 1, 1968, August 1, 1968, and May 1, 1968 respectively and on the ground of the customary concession ...
The Textile Labour Association, Ahmedabad Vs. Ashok Mills Ltd.
Court: Gujarat
Decided on: Aug-05-1976
Reported in: AIR1977Guj37; (1977)GLR241
J.B. Mehta, J. 1. The short question which arises before us is whether the decision in Nagri Mills Ltd. v. Textile Labour Association, Ahmedabad, (1971) 12 Guj LR 417, which has unsettled, the industrial law for a decade on this question of limitation under Section 79 (0 of the Bombay Industrial Relations Act, 1946, hereinafter referred to as the 'Act', in respect of continuing illegal change is correctly decided. The Textile Labour Association, a representative union, has come up in this petition under Article 227 of the Constitution of India challenging the decision of the Industrial Court, dated. October 23, 1974, dismissing the four applications which were filed by this representative union on behalf of the four concerned permanent watchmen working in the respondent mill company for a declaration of illegal change as being time barred. The concerned watchmen were made permanent on April 10, 1967, May 1, 1968, August 1, 1.968 and May 1, 1968 respectively, and on the ground of the cu...
Dungarlal Harichand Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Aug-04-1976
Reported in: AIR1977Guj23; (1976)GLR1152(GJ)
Reddi, C.J.1. This Special Civil Application has been referred to a Full Bench by a Division Bench consisting of P. N. Bhagwati, C. J., (as he then was) ,and M. U. Shah, J., as in their opinion the two decisions rendered by this Court in Kaushikpr,asad v. Ahmedabad Municipal Corporation, (1970) 11 Guj LR 993 ,and Mohanlal Jesingbhai v. P. J. Patel, (1970) 11 Guj LR 1035 to which one of them (Bhagwati C. J.) was a party required reconsideration as the attention of the Court was not drawn to certain provisions and particularly Section 56 of the Bombay Town Planning Act which seemed to suggest that the view taken by them may not be correct.2. The relevant facts leading to the filing of this petition may briefly be stated. The Ahmedabad Municipal Corporation by a notification dated July 19, 1951 declared its intention to make a Town Planning Scheme under sub-section (1) of Section 9 of the Bombay Town Planning Act, 1915, in respect of the area of land shown in Plan No. 40 marked and verged...
State of Gujarat Vs. Vinay Vithaldas Shah
Court: Gujarat
Decided on: Aug-04-1976
Reported in: (1977)18GLR475
M.P. Thakkar, J.1. Breathes there a man who would not become a cynic on being apprised of the sentence imposed in the two allied cases giving rise to the twin appeals preferred by the State for enhancement of the sentence of one day's (heavens be praised that a Court cannot impose substantive sentence of less than a day) S.T. for selling innocuous salts under the label of Tetracycline? One must possess nerves of steel not to become a cynic when virtually a licence to kill is issued on payment of a paltry fine for one way of killing is to create an illusion that the disease is being curbed and cured by annihilating the bacteria, when the bacteria are allowed to become more and more vigorous without slightest resistance. What else will happen when innocuous salts are administered instead of antibiotics? And what follows will prove the oft quoted cliche: truth is stranger than fiction.2. A Science Graduate who was employed as a '-qualified person' within the meaning of Rule 65 of the Drug...
Kiritkumar Mohanlal Shah Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Aug-03-1976
Reported in: (1977)18GLR218
M.P. Thakkar, J.1. Two parallel proceedings, one in a civil Court and another in a criminal Court, often give rise to the problem (which has raised its head in the present case): Should both continue or only one? Should the civil proceeding bar the way of the criminal one? Would it be the right (and when?) to gag the mouth of the criminal proceeding till the civil action comes to rest in peace?2. The trial Court has taken the view that a criminal complaint instituted by the petitioner against respondents Nos. 2, 3 and 4 in the Court of Judicial Magistrate, First Class, 2nd Court, at Baroda, should be stayed till the disposal of a civil suit in the City Civil Court and the learned Extra Additional Sessions Judge has confirmed the order passed by the learned trial Magistrate for staying the criminal prosecution till the disposal of the aforesaid suit. The complainant has thereupon invoked the revisional powers of this High Court and has contended that the lower Courts were wrong in order...
Asian Steel and Metals (P.) Ltd. Vs. Pari Maganlal Hiralal and anr.
Court: Gujarat
Decided on: Aug-03-1976
Reported in: (1977)18GLR606
D.A. Desai, J.1. Petitioner in these three revision applications is Asian Steel and Metals Private Limited a company registered under the Companies Act, 1956. Petitioner questions the legality and correctness of the order made by the learned City Civil Court Judge on 30th April 1976, by which the application made by the petitioner who is original defendant No. 2 to set aside experts decree made in three suits and permit it to participate in the suit and defend the suit was dismissed with costs. Parties are the same in all the three petitions and contentions are entirely identical and therefore, all the three Civil Revision Applications can be conveniently disposed of by this common judgment.2. A few facts leading to the Revision Petition may be stated. Oppo nent No. 1 in each petition filed three different suits being Civil Suits Nos. 1942 of 1972, 1941 of 1972 and 2161 of 1972 for recovering various amounts from the present petitioner and opponent No. 2. Each suit was a summary suit a...
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