Gujarat Court February 1977 Judgments
Sitaram Nandram Vs. Jasubhai Raghubhai Jani and anr.
Court: Gujarat
Decided on: Feb-28-1977
Reported in: (1977)18GLR808
N.H. Bhatt, J.1. This is an application by the original complainant of the Criminal Case No. 659 of 1975 of the Court of the Metropolitan Magistrate, 3rd Court, Ahmedabad, who was pleased to discharge the accused in that complaint filed by the complainant alleging that the accused had taken from him respectively on 20.3.75 and 22. 3. 75 one scooter each for the express purpose that they were to be shown to the intending purchaser as the complainant was out to dispose of one or the other of the two scooters. The learned Magistrate after examining the complainant at ex. 2 and rejecting his application for examining two persons from whose custody the respective scooter had been discovered forthwith, discharged the accused on the ground that the accused was the commercial agent of the complainant for the purpose of sale and if he had disposed of the scooters, but had not paid up the dues, only civil wrong would ensue and not the criminal offence.2. Two points of law arise in this case and ...
Tag this Judgment!Bai Mani Vs. the Special Land Acquisition Officer, Broach and anr.
Court: Gujarat
Decided on: Feb-27-1977
Reported in: AIR1978Guj237; (1979)0GLR82
ORDER1. This revision application b against the order made by the Special Land Acquisition Officer on August 1, 1977 rejecting reference sought by the petitioner herein against the award of the Special Land Acquisition Officer dated Feb. 27, 1976 awarding compensation to her along with 16 other owners of land known as 'Bet Bhatha land' of S, Nos. 33/part, 32/part and 130/part situate in village Maktampore in Broach district, for purposes of construction of bridge across Narmada river near Jhadeshwar. It should be noted that the possession of the aforesaid three Pieces of land of the petitioner was taken over on June 15.1973 by the Public Works Department of the State Government in pursuance Of private negotiations with, her in anticipation of the regular acquisition Proceedings. Notifications under Ss. 4 and 6 of the Land Acquisition Act in that behalf were issued on Dec. 20, l973 and Aug. 22, 1974, respectively. Notice to file compensation claim was issued on Sept. 3, 1974. It is comm...
Tag this Judgment!Atmaram Mohanlal Panchal Vs. Gunvantiben Alias Geetaben and ors.
Court: Gujarat
Decided on: Feb-22-1977
Reported in: [1978]48CompCas250(Guj); (1977)GLR668
M.P. Thakkar, J.1. A question of considerable importance for holders of life insurance policies has arisen in this first appeal arising out of a suit instituted by the widow and minor son of a policy-holder claiming a declaration that they were entitled to the sum assured under the insurance policy upon the death of the policy-holder in their capacity as his heirs and not the person named in the policy as a nominee under section 39 of the Insurance Act of 1938. The dispute was raised by the father of the policy-holder who was the nominee named in the policy on the premise that he had a title to the said amount in his own right by virtue of his capacity as a nominee named by the policy-holder. The trial court having negatived the contention of the defendant-nominee and having decreed the suit instituted by the plaintiffs, the nominee (original defendant No. 1) has preferred the present first appeal and has challenged the legality and validity of the judgment and decree passed by the lea...
Tag this Judgment!State of Gujarat Vs. Maharaja Book Depot
Court: Gujarat
Decided on: Feb-17-1977
Reported in: (1977)18GLR810
M.P. Thakkar, J.1. The central question in the present petition under Article 227 of the Constitution of India instituted by the State Government challenging an order passed by the Sessions Judge of Broach in exercise of appellate powers setting aside an order of confiscation of certain articles under Section 6A of the Essential Commodities Act of 1955 hereinafter to be referred to as 'the Act', is as to whether exercise books are covered by the expression 'paper' contained in Section 2(a)(vii) of the Act and under Entry No. 13 of Schedule I of the Gujarat Essential Articles Dealers' (Regulation) Order, 1971. The premises of the respondent, a partnership firm doing business in Rajpipla, were inspected and searched by the Mamlatdarof Rajpipla on July 4, 1975, In the course of search 78 gross of exercise books for which the sale-price was controlled and 97 gross of exercise books for which the sale-price was not controlled were seized in view of the fact that a breach of Clauses 2, 9 and...
Tag this Judgment!Megjibhai Khimji Vira and anr. Vs. Chaturbhai Taljabhai and ors.
Court: Gujarat
Decided on: Feb-14-1977
Reported in: 1977ACJ253; AIR1977Guj195; (1978)0GLR216
Ahmadi, J. 1. On the morning of 8th May, 1972 at about 6.00 A.M. Gordhanbbai Tarjabhai was driving his bullock cart laden with cotton along National Highway No. 8 towards Vasad Cross roads with Aheshbhai Ranchhodbhai resting on top of the cotton bales. A speeding Ambassador Car No. M. H. C. 7144 driven by one Chandrashekhar K. Nair came from behind and dashed against this bullock cart, which was proceeding at a leisurely pace towards Vasad cross roads. As a result of this violent impact from behind, the cart driver Gordharibhai was killed instantaneously. Maheshbhai, who was sitting on the top of the cotton, was thrown out and sustained injuries. One bullock died on the spot and the other was injured. The cart was reduced to a shambles. The brother and the nephews of the deceased filed a claim application No. 78 of 1972 before the Motor Accident Claims Tribunal, Kaira at Nadiad claiming a sum of Rs.20,000/- by wav of com- pensation on the ground that the accident was the direct result ...
Tag this Judgment!Aher Hamir Duda Vs. Aher Duda Arjan and ors.
Court: Gujarat
Decided on: Feb-07-1977
Reported in: AIR1978Guj10; (1977)0GLR1032
S. Obul Reddi, C. J. 1. This Letters Patent Appeal by leave arises out of the judgment of the learned Single Judge dismissing the appeal preferred by the plaintiff against the judgment and decree of the District Judge reversing the judgment and Preliminary decree passed for partition by the Civil Judge (Junior Division) Kutiyana. The short question that arises for determination in this appeal this is whether the appellant (Plaintiff) is entitled to bring an action for partition without the assent of his father under the Mitakshara law applicable to this State when the coparcenary consists of a paternal uncle and others.2. The facts necessary for determination of the question involved are the following. The appellant, his father and his uncle constitute a Hindu undivided joint family. The plaintiff filed the partition action averring that he is a member of the coparcenary and that he is entitled to a share in the coparcenarv properties. According to him the properties are all joint fami...
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