Gujarat Court January 1977 Judgments
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In Re: Wood Polymer Limited; in Re: Bengal Hotels Pvt. Ltd.
Court: Gujarat
Decided on: Jan-31-1977
Reported in: [1977]109ITR177(Guj)
D.A. Desai, J.1. Company Petitions Nos. 10 and 12 of 1975 are filed by Wood Polymer Limited and Bengal Hotels Private Limited, respectively, under Section 391(2) of the Companies Act, praying for according sanction to a scheme of amalgamation of the afore-mentioned two companies. Wood Polymer Limited is a public limited company and it is the transferee-company. Bengal Hotels Private Limited is a private limited company and is the transferor-company. The scheme submitted to the court for sanction involves amalgamation of the transferor-company with the transferee-company and amongst others it envisages dissolution of the transferor company without winding up.2. Transferor-company and transferee-company both filed separate Company Applications Nos. 40 of 1974 and 41 of 1974, respectively, requesting the court to give directions for convening meetings of the creditors and members to whom compromise and/or arrangement was offered. In the case of the transferee-company, J. B. Metha J. by hi...
Abdul Hakim Ahmad Vs. Dist. Supdt. of Police and ors.
Court: Gujarat
Decided on: Jan-31-1977
Reported in: (1978)19GLR210
M.P. Thakkar, J.1. A question of great importance relating to service jurisprudence: as to whether a Government servant against whom a criminal prosecution was instituted, even if he secures acquittal, can yet be proceeded against in a departmental proceeding and dismissed from service on the same oral evidence and on the same material by reaching a conclusion just contrary to the conclusion reached by the Criminal Court by recording a contrary finding has knocked at the door in this petition under Article 226 of the Constitution of India preferred by a police Constable who was acquitted by a Court of law on disbelieving prosecution witnesses and yet on the same oral evidence was dismissed by the State Government.2. Reliance has been placed on a number of authorities to show that there is no absolute bar to the initiation of departmental proceeding even in cases where a government servant has been acquitted. (Stale of Andhra Pradesh and Ors. v. S. Sree Rama Rao : (1964)IILLJ150SC , Mot...
Nanumal Rijumal Vs. Lilaram Vensimal and anr.
Court: Gujarat
Decided on: Jan-28-1977
Reported in: (1977)18GLR858
D.A. Desai, J.1. This revision application by the original landlord-plaintiff is directed against the dismissal of the suit for possession ordered by the learned District Judge, Kutch at Bhuj in Regular Civil Appeal No. 75 of 1975 preferred by the original defendant No. 2 in Regular Civil Suit No. 159 of 1973 filed by the plaintiff-landlord for recovery of possession which was decreed by the learned trial Judge.2. A few facts may be stated. Plaintiff Nanumal Rijumal filed a suit for recovering possession of a house bearing CAX-43 situated at Adipur in Kutch District on the only ground that the two defendants Lilaram Vensimal and Thakumal, Vensimal, the sons of deceased Vensimal Tilumal, were tenants of the demised premises and were in arrears of rent and were not ready and willing to pay the rent. The summons was served upon both the defendants and they appeared through one Advocate, but they failed to file any written statement. The learned trial Judge held that the defendants were in...
Shanabhai Shivabhai Thakore and ors. Vs. Mukeshbhai Ramanbhai and anr.
Court: Gujarat
Decided on: Jan-28-1977
Reported in: (1978)19GLR85
M.P. Thakkar, J1. Can the Mamlatdar acting as a statutory authority under Section 88C of the Bombay Tenancy and Agricultural Lands Act, 1948 ('the Act'), certify that the income of a landlord-owner does not exceed Rs. 1500/- without holding any inquiry and without gathering any material, merely because a tenant states that he has no objection to the grant of such certificate? That is the question which emerges in this petition under Article 227 of the Constitution of India directed against a certificate granted by the Mamlatdar of Borsad at Annexure 'A' on October 5, 1971 as confirmed by the Deputy Collector at Annexure 'B' dated February 3, 1972 as confirmed by the Gujarat Revenue Tribunal (GRT) as per order at Annexure 'C' dated July 25, 1972.2. Section 88C deserves to be quoted in order to appreciate the point raised in this petition in its proper perspective:Section 88C. (i) Save as otherwise provided by the Bombay Tenancy and Agricultural Lapds (Gujarat Amendment) Act, 1960, nothi...
Zabuben Deuji and anr. Etc. Vs. Mansukhlal Bhagvandas Etc.
Court: Gujarat
Decided on: Jan-27-1977
Reported in: AIR1978Guj36; (1977)GLR840
D.A. Desai, J.1. When Civil Revision Application No. 1512 of 1972 came up for hearing before S. H. Seth J. he referred the following four questions to a Division Bench:-(1) Whether the award passed under the B.A.D.R. Act is deemed to be a decree under clause (iii) of sub-section (3) of Section 38 of that Act?(2) Whether by virtue of the provisions of clause (iii) of sub-see. (3) of S. 38 of the B.A.D.R. Act whether in the instant case (sic) attracted the provisions of Art. 182 of the Indian Limitation Act, 1908?(3) if answer to the second question is in the negative, whether it attracted Art. 1,81, residuary Article of the Indian Limitation Act 1908?(4) If the award under the execution was not governed by any of the aforementioned provisions whether it was governed by any other provision of law relation (sic) to limitation?, When the matter came up before a Division Bench misting of S. H. Sheth and C. V. Rane JJ. after referring to the ear lier judgments of the learned single judge of ...
The Gandhi Park Co-operative Housing Society Ltd. Vs. the State of Guj ...
Court: Gujarat
Decided on: Jan-24-1977
Reported in: AIR1977Guj75; (1977)0GLR700
ORDER1. A Co-operative Society formed by members of middle class citizens of Baroda has been subjected to great injustice by an obvious mis-reading and misconstruction of Section 64-A of the Bombay Tenancy and Agricultural Lands Act, 1948 (Tenancy Act) as will be evident in a short-while. The society concerned thereupon has invoked the jurisdiction of this Court under Article 227 of the Constitution of India and has challenged the order passed by the Mamlatdar of Baroda at Annexure 'C' as confirmed by the Deputy Collector of Baroda as confirmed by the Gujarat Revenue Tribunal (GRT) at Annexure 'A'.2. Land admeasuring 1 Acre 9 Gunthas comprised in Survey No. 265 of village Maneja was purchased by the petitioner Society-a society of middle-class citizens of Baroda, formed under the relevant provisions of the Bombay Cooperative Societies Act of 1925, for a consideration of Rs. 64,000/- by a registered document dated May 5, 1967, from respondents Nos. 2 and 3. Having purchased the land, th...
Ambalal Purshottamdas Kachhia Vs. Chimanbhai Shivabhai @ Bhagwandas
Court: Gujarat
Decided on: Jan-21-1977
Reported in: (1978)19GLR243
P.D. Desai, J.1. S. No. 404 of village Vaso, Taluka Nadiad, District Kaira belongs to the opponent. It admeasures 1 acre-20 gunthas. A portion of the said land admeasuring about 1264 sd. yards, in respect of which permission for non-agricultural use was obtained, was let to the petitioner. The said portion of the land will be referred to as 'the suit land' or 'disputed land' in the course of this judgment. The tenancy of the petitioner in respect of the suit land was terminated by a notice and a civil suit was filed against the petitioner by the opponent for eviction. In the said suit, the petitioner contended that he was an artisan in occupation of a dwelling house built by him at his own expense on the suit land and that he could not be evicted from such dwelling house and the land immediately appurtenant thereto, except in accordance with the provisions of Section 16 read with Section 18 of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as 'the Act') an...
Indian Oil and Produce Exporters' Association Vs. Velji Shamji and Co. ...
Court: Gujarat
Decided on: Jan-19-1977
Reported in: (1977)0GLR1009
J.B. Mehta, J.1. The Indian Oil and Products Exporters' Association, hereinafter referred to as 'the Association' has come in this appeal as the learned single judge has on the summons taken out before him passed an order directing the Association to grant a quota to this company in liquidation, hereinafter referred to as 'the company', on the basis of the past performance figures submitted by the company along with the other applications for the quota and simultaneously with them along with other incidental directions. 2. The short facts which have given rise to this appeal are as under : 3. The petitioning creditor had his dues regarding the brokerage which had remained unpaid even after the statutory notice. Therefore, a winding-up petition was presented on January 15, 1976, and a provisional liquidator was appointed on March 8, 1976. The winding-up order was made by the learned single judge on September 15, 1976, against which an appeal is pending, although the stay order which had...
Umarmiya Bavamiya Vs. Bai Monghi and anr.
Court: Gujarat
Decided on: Jan-18-1977
Reported in: AIR1977Guj100; (1977)0GLR711
ORDER1. The successor of the landlord widow has filed these two petitions as all the three competent authorities have come to the conclusion that, under the amended S. 31(4)(b)(iii), the successor-in-interest had no right to terminate the tenancy in question. The revenue tribunal has rightly construed this relevant provision which has been enacted.2. S. 31, while dealing with the question of right of the landlord to terminate the tenancy on the grounds specified in terms provides in sub-clause (4) (b) as under:'(4) Notwithstanding anything contained in sub-s. (3),(a) ... ... ... ... ...(b) the right conferred under the said sub-s. (3) on a landlord who was a widow on the first day of April 1957 shall, after the specified date - (i) be exercisable by the widow within a period of six months from the specified date;(ii) be exercisable, in a case where the interest of the widow in the land has ceased to exist, by reason of her death or otherwise, before the specified date but the period of...
Vrajlal Jagjivandas Pandya Vs. Jaswantlal Shivlal and anr.
Court: Gujarat
Decided on: Jan-12-1977
Reported in: AIR1977Guj131
1. This is an appeal under S. 47 of the Code of Civil Procedure at the instance of original opponent No. 1 the judgment-debtor. Respondent No. 1. Herein obtained a decree in Sum the file of for Rupees 12,991/- and interest thereon against the present appellant. Respondent No. 1 herein applied for execution of the said decree by seeking to attach the part of the plot No. 14 belonging to the judgment-debtor the appellant herein and situated within Hindu Colony Co-operative Housing Society Limited. The appellant raised certain objections against the execution contending, inter alias, that the plot of land or a portion of it is not liable to be attached as he has no right or interest in the said plot of land which in fact and law belonged to the Co-operative Society and it was merely allotted to a member by the Society and, therefore, he had no saleable interest whatsoever therein. The appellant also contended that in any case the, part of the plot of the land sought to be attached was tra...
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