Gujarat Court April 1977 Judgments
Woollen Mill Kamdar Sangh, Jamnagar Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Apr-29-1977
Reported in: [1978(36)FLR453]; (1978)GLR373; (1977)IILLJ353Guj
J.B. Metha, Ag. C.J.1. The petitioner, Trade Union of the Employers, which had raised the dispute of one worker Dharmendra Singh, has filed this petition because the Government has refused to make the reference as per the order at Annexure 'F' dated January 17, 1977. This Badli worker, Dharmendra Singh, who was working in the opponent No. 2 Mills from 1971 had been discharged by the Mills on December 17, 1975 on the ground of various charges of misconduct alleged against him. The matter had been taken up before the Industrial Tribunal for getting approval under S. 33(2)(b). The Industrial Tribunal had by the order dated February 9, 1976 in terms observed that a prima facie case was disclosed and proper inquiry having been made, the pre-conditions for such approval application were satisfied. However, having regard to the limited jurisdiction which the Tribunal possessed at this stage of approval, it was terms held by the Industrial Tribunal that the approval was granted subject to the ...
Tag this Judgment!Gujarat Bank Worker's Union Vs. Jamnagar Dist. Co-operative Bank Ltd.
Court: Gujarat
Decided on: Apr-28-1977
Reported in: (1979)ILLJ82Guj
J.B. Mehta, Ag. C.J.1. The petitioner, representative-union of the Banking Industry, has filed this petition challenging the order of the Industrial Court which has reversed the order of the Labour Court reinstating the concerned clerk, Mr. Mehta, with full back wages. 2. The short facts which have given rise to this petition are as under. Mr. J. M. Mehta, the concerned clerk, was appointed first as a daily rated clerk in the Bank on June 8, 1971 and thereafter from June 30, 1971 he was taken up as an apprentice in this opponent Co-operative Bank and thereafter by the order at Annexure 33, on September 1, 1971 with effect from September 1, 1971 he was appointed as a probationer in the relevant pay grade for a period of six months which could accordingly expire on February 29, 1972. He was posted in Kalowad Branch of the Bank as a probationary clerk. Till the expiry of the aforesaid maximum probation period fixed in this order, Ext. 33, admittedly his services were not terminated nor th...
Tag this Judgment!Dolatrai Harjivan Bibodi and anr. Vs. Dr. Kantilal Sukhlal Shah
Court: Gujarat
Decided on: Apr-22-1977
Reported in: (1977)18GLR848
J.B. Mehta, Ag. C.J.1. The plaintiffs-landlords have come in this Revision-Application as both the Courts have refused to pass the decree of eviction from the suit block after the defendant-tenant had shifted to his newly constructed bungalow on October 20, 1969.2. The short facts which have given rise to this litigation are as under. The defendant, Dr. Kantilal Shah has been a tenant in the suit house of the plaintiffs. There is a dispute as to whether the first block was given in 1946 as stated by the defendant or in 1948 as stated by the plaintiffs or whether this suit block which has been almost for all the time used as residential block was first let or after some short time as contended by the defendant. The defendant, however, had also got from time to time three other blocks in this very building. Thereafter, when in 1958 the defendant shifted to the hospital premises near Dandia Hanuman, where he had got four blocks out of which one he occupied for his residence and three for ...
Tag this Judgment!Nathu Manchhu Vs. the State of Gujarat
Court: Gujarat
Decided on: Apr-15-1977
Reported in: AIR1978Guj49; 1978CriLJ448; (1977)GLR1041
D.P. Desai, J.1. The following questions have been referred to this Full Bench by the Divisional Bench :-(1) Is the evidence of a witness whom statement recorded in the course of investigation under Chapter XII of the Criminal P. C. if read over to him before the witness steps into witness box becomes inadmissible or such as would be of no value whatsoever? (2) Does such contravention of Section 152(1) affect admissibility or probative value of the evidence of such a witness ? (3) Does reading over of such statement to a witness before he enters witness box amount to use of such statement contrary to S. 162(1) These questions have arisen in the following circumstances :-2. In sessions case No. 4 of 1976 from which this appeal arises two witnesses for the prosecution named Limji Ukad P.W. 10 Ex.17 and Chhaganbhai Vishalabhai, P.W. 11 Ex. 18 were called to prove an extra judicial confession alleged to have been made before them by the accused. In the course of cross-examination Limji Uka...
Tag this Judgment!A'bad Cotton Mfg. Co. Ltd. etc. Vs. Union of India and Ors.
Court: Gujarat
Decided on: Apr-13-1977
Reported in: (1977)1GLR714
J.B. Mehta, J. 1. This group of petitions is referred to this Bench to decide the question whether it abates on the grounds mentioned in the affidavit of the respondents. These petitions were filed by the petitioner-mill companies which are cotton textile units manufacturing blended yarn which became dutiable for the first time under Tariff Item 18-E which was added on March 16, 1972 in the Central Excises and Salt Act, 1,944 (hereinafter referred to as 'the Act'). It is the case of the petitioners that blended yarn was coated with sizing materials to impart strength to the yarn in the weaving process in all these composite mills and in that process the weight of the blended yarn increased by some 12 to 14 per cent. It is the case of the petitioners, that blended yarn remained blended yarn even after the sizing process. The excise duty was paid on the sizing materials. In all these mills the duty was charged by the excise authorities under Tariff Item 18-E on weight basis per kilogram ...
Tag this Judgment!Chhaganlal Devehand Etc. Vs. Navalkunwar Talakchand and anr. Etc.
Court: Gujarat
Decided on: Apr-13-1977
Reported in: (1977)1GLR652
A.D. Desai, J.1. All these writ petitions are directed against the decisions of Tribunals and the question before me sitting singly, was whether this Court has now jurisdiction over the decisions of the Tribunals in view of the amendment to art. 227 of the Constitution. The question of general importance was thus raised before me and, therefore, following reference was made: 'Referred to a larger Bench for decision whether the amended Art. 227 has retrospective effect so as to affect pending matters under Art. 227 (unamended) either admitted, or filed before the amendment and pending admission, against the decisions of Tribunals'.Unamended Art. 227 of the Constitution provided so far relevant that every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction. Thus the Article conferred on High Courts a power of judicial review over the decisions of Courts and Tribunals. Article 227 as amended so far r...
Tag this Judgment!Mehmoodmiya Kadri and ors. Vs. Sirishkumar Modi and anr.
Court: Gujarat
Decided on: Apr-13-1977
Reported in: (1978)19GLR97
D.A. Desai, J.1. Petitioners question the validity and legality of a resolution adopted by the second respondent Palanpur Municipality (Municipality for short) of 20th March 1977 by which the Municipality at its requisitioned meeting held on that day formed as many as 12 new Committees including the Executive Committee.2. Few facts leading to the present petition, are quite interesting and revealing and may be noticed. Municipality is deemed to have been constituted under the Gujarat Municipalities Act, 1963 (1963 Act for Short). As required by Section 55 of the 1963 Act, it had appointed various committees. Term of all these committees expired on 11 th November 1976. The President of the Municipality-first respondent convened a meeting of the General Board of the Municipality by a notice dated 23rd October, 1976 Annexure 'A' on 11-11-1976 at 8-30 P.M. Item No. 2 on the agenda was 'Appointing new Committees as the term of the existing committees were to expire on 11-11-1976.' The meeti...
Tag this Judgment!Bai Nani, Wd/O. Devchand Nanabhai and ors. Vs. Manilal Lallubhai and a ...
Court: Gujarat
Decided on: Apr-13-1977
Reported in: (1978)19GLR4
J.B. Mehta, J.1. This matter has now come to us on a remand by their Lordships of the Supreme Court for determination of, one question which had remained to be considered by us for disposing of this appeal as to whether 1/3rd share of Bai Kashi, the appellants-heirs of the original defendants are entitled to succeed. The suit was for partition and separate possession of this ancestral house which belonged to the three sons of one Fakirchand, the eldest being Nathubhai, second Nanabhai and the third Lallubhai. Nathubhai, died in 1940, Nanabhai, the defendant has expired in appeal, while in 1942 Lallubhai had expired leaving plaintiff No. 1 son Manilal and the widow Bai Mani, plaintiff No. 2, who bad also expired during the appeal and whose heirs have also been brought on the record. The deceased defendant's heirs are also brought on the record. Their Lordships confirmed the original findings that the defendant and his two brothers had separated in status but only this ancestral house wa...
Tag this Judgment!Registrar of Companies, Gujarat Vs. Kavita Benefit Pvt. Ltd.
Court: Gujarat
Decided on: Apr-12-1977
Reported in: [1978]48CompCas231(Guj)
B.K. Mehta, J.1. The Registrar of Companies, Gujrat, has filed this petition for winding up of the Messrs. Kavita Benefit P. Ltd., chit fund company, under clause (e) of section 433 of the Companies, Act, 1956, on the ground that the company is unable to pay its debts. The case of the Registrar is that the financial positions of the company, as per the balance-sheet as on December 31, 1972, filed by the company, was such that it was unable to pay its debts and its liability exceeded the net tangible assets. The balance-sheet as on December 31, 1972, showed an accumulated loss of Rs. 14,49,169 and its realisable assets were only of the order of Rs. 38,05,914 as against the liability of Rs. 53,53,633. The Registrar has also made a grievance that the directors of the company had control over large funds which they have collected in the nature of subscriptions from its members to whom chit fund was sold from time to time and the directors have received a huge remuneration of Rs. 67,500 dur...
Tag this Judgment!Yaswanti R. Bhatt Vs. Commissioner of Wealth-tax, Gujarat
Court: Gujarat
Decided on: Apr-07-1977
Reported in: [1978]114ITR318(Guj)
Obul Reddi, C.J.1. The income-tax Appellate Tribunal, at the instance of the assessee, has referred the following question for our opinion under section 27(1) of the Wealth-tax Act, 1957 (hereinafter referred to as 'the Act') : 'Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the land under reference was not agricultural land within the meaning of section 2(e)(i) of the Wealth-tax Act, 1957 ?' 2. The assessee along with two others had purchased the land with which we are now concerned situated at Paldi, Ahmedabad, on December27, 1946, for Rs. 84,999. The other two persons released the entire land in favour of the assessee by release deed dated June 3, 1961. In the sale deed obtained by the assessee the land has been described as agricultural land. By virtue of the exemption granted to agricultural lands under section 2(e), the assessee claimed exemption. The Wealth-tax Officer rejected her plea that the land comes within the mea...
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