Gujarat Court July 1977 Judgments
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Jay Bharat Industries Vs. R.T. Engineering and Electronics Co., Junaga ...
Court: Gujarat
Decided on: Jul-29-1977
Reported in: AIR1978Guj60; (1978)0GLR345
1to 10. xx xx xx 11.The above authorities therefore show that Essentially it is a question of fact whether the allegedly offending mark Is such as would cause confusion or deception or. not and the court has to call its legal and general acumen to bear on the question after circumspecting the relevant facts of the case.12. As said above, the defendant has chosen not to lead any evidence in this case. The plaintiff's partner Mohanlal Ex. 48 has shown that since 1959, they had started manufacturing diesel engines and spare parts with the trade mark 'Mas6tee', which had come to be-registered in the year ;1967. He also showed that the sales of their machines were worth 12 to 15 lac Per, year and that they had expended considerably after advertising and marketing their good& Then he made the following further clear statements, which I would like to quote verbatim from Para 2 of his deposition.'Our engines are useful for agricultural purposes of drawing water from the well. Our purchasers ar...
Director of Stores Vs. P.S. Dube
Court: Gujarat
Decided on: Jul-28-1977
Reported in: (1978)19GLR253
S. Obul Reddi, C.J.1. The short and interesting question that arises for consideration in this petition is whether a 'worker' as defined under the Factories Act, 1948, (hereinafter referred to as 'the Act') is entitled to extra wages, under Section 59 of the Act and Regulation 55 of the Gujarat State Transport Employees' Service Regulations (hereinafter referred to as 'the, Regulations') even when the worker is absent on tour on duty and receives travelling and daily allowances.2. The relevant facts necessary for determination of the question involved are these. The respondent worker is employed as a Helper in the antral Stores of the petitioner. Director of Stores, Gujarat State Road Transport Corporation and is working in that capacity for over eleven years. The respondent-worker was directed to proceed to Depodi-Poona for official work under the order of the Controller of Stores of the Corporation dated April 30,1974 with a direction to return to the headquarters after the completio...
Rameshchandra Bhikhabhai Patel Vs. Maneklal Maganlal Patel and anr.
Court: Gujarat
Decided on: Jul-26-1977
Reported in: AIR1978Guj62; (1978)GLR329
N.H. Bhatt, J.1 to 10. xx xx11. The last question before us for determination is: is the plaintiff 's case basedon easement of necessity? We are endorsing the reasoning of the learned trial Judge about the existence of easement of necessity that was there till year 1946. The situation speaks for itself and the defendants were not well-asdvised in disowning all the facts. They had gone to the extent of speaking of a hedge dividing survey No. 73-B and survey No.73- B-1, existing at the site till 1968 when the plaintiff, according to them, had removed the hedge highhandedly and had carried his building materials through survey No. 73-A which they said the plaintiff was permitted to carry. The learned trial Judge rightly discountenanced all this story. We, therefore, do hold that till year 1946 or thereabout when southern road came to be laid by the Ahmedabad Municipality the owners of survey No. 73-B had right of way as an easement of necessity and in exercise of that right they were enti...
Thakore Omkarsinhji Ranjitsinhji Vs. State of Gujarat
Court: Gujarat
Decided on: Jul-22-1977
Reported in: (1978)19GLR304
M.P. Thakkar, J.1. Can a Wanta holder whose Wanta rights in land are abolished by the Legislature claim compensation for the loss of opportunity to sell water from a natural pool formed by the perennial flow of waters of a river which was a Nature's gift and for the creation of which pool of water he did not have either to sweat or toil or to pay any price? The view taken by the Gujarat Revenue Tribunal (G.R.T.) that the petitioner, a Talukdari Wanta holder of lands whose rights in the lands and the tenure on which the lands were held were abolished under the Gujarat Surviving Alienations Abolition Act, 1963 (Act), was not entitled to claim compensation in respect of extinguishment of his rights in respect of a pool of water created by the perennial flow of waters of river Mahi under Section 14 of the Act is challenged by way of this petition under Article 227 of the Constitution of India directed against order at Annexure 'B' dated August 30, 1972 rendered by the G.R.T.2. The petition...
Commissioner of Income-tax Vs. Gujarat State Warehousing Corporation
Court: Gujarat
Decided on: Jul-19-1977
Reported in: [1980]124ITR282(Guj)
1. In the first reference the question posed by the Tribunal is as under :'Whether the Tribunal was right in law in holding that the assessee-corporation having been established under the Warehousing Corporations Act, 1962, was an authority established for marketing of commodities and was consequently entitled to exemption under Section 10(29) of the Act in respect of its income from letting of godowns and warehousing and connected matters of storage of agricultural produce and for transport, including facilitating marketing of commodities '2. The first reference was for the assessment years 1970-71 and 1971-72, The other two references are for the years 1968-69 and 1969-70 and 1972-73, respectively, on the identical question and, therefore, they are disposed of by this common order.3. In the first reference, the ITO had allowed the claim of the assessee, Gujarat State Warehousing Corporation, for exemption under Section 10(29) in respect of the income relating to the warehousing. Ther...
Commissioner of Income-tax, Gujarat Vs. Swastik Textile Trading Compan ...
Court: Gujarat
Decided on: Jul-18-1977
Reported in: [1978]113ITR852(Guj)
J. B. MEHTA J. - These three references are for the three assessment years 1968-69, 1969-70 and 1970-71 and the same questions have been referred :'Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that the assessee was entitled to deduction under section 80G of the Act in respect of donation of Rs. 60,000 to P. G. Mehta Charitable Trust ?'The assessee is Messrs. Swastik Textile Trading Co. Pvt. Ltd. The assessee has donated Rs. 60,000, Rs. 30,000 and Rs. 49,752 in the three assessment years in question to Shri P. G. Mehta Charitable Trust (hereinafter referred to as 'the trust'), and claimed deduction under section 80G of the Income-tax, 1961, in respect of the said donation. The Income-tax Officer and the Appellate Assistant Commissioner had in the first assessment year rejected the claim of these deduction on the ground that the relevant object in clause 4(g) of the trust deed of establishing, maintaining, running and helping gaus...
Arvind Mills Ltd. Vs. Commissioner of Income-tax, Gujarat-ii Overruled
Court: Gujarat
Decided on: Jul-15-1977
Reported in: [1978]112ITR64(Guj)
P.D. Desai, J.1. The assessment year involved in this reference is assessment year 1967-68, the relevant previous year being the calendr year 1966. The assessee is a public limited company. It runs a textile mill. In order to expand its spinning capacity and to renovate and modernnise some of the sections of the mill, the assessee negotiated to import machineries from various foreign countries. The purchase price of such machinery was determined in foreign currencies and the payment therefor had to be made in such currencies. In order to enable it to make payment accordingly, the assessee entered into an agreement with the Industrial Credit and Investment Corporation of India Ltd. (ICICI) on June 25, 1965, where-under the ICICI agreed to lend to the assessee the requisite foreign currencies at agreed intervals and the assessee agreed to repay the loan in the same currencies in agreed instalments commencing from June 1, 1967. In the calendar years 1965 and 1966, the assessee acquired an...
Gram Panchayat, Manekwada Vs. Patel Bhura Ramji Bhensania
Court: Gujarat
Decided on: Jul-13-1977
Reported in: AIR1977Guj206; (1978)0GLR308
ORDER1. This is a revision application filed by the plaintiff of the Regular Civil Suit No. 110 of 1975 in the Court of the Civil Judge (Junior Division), Bagasra-Vadia. The plaintiff Panchayat has filed the said suit for the declaration of its title to a piece of the land and for an injunction restraining the opponent defendant from putting up any structure thereon. The suit was fixed on April 6, 1977 for 'being proceeded with. The examination in chief of the defendant was recorded and cross-examination had just commenced. Then there was recess intervening. The learned Advocate for the plaintiff thereafter did not feel well and, therefore, went to his house and found that he had caught fever. Finding that a part-heard suit was there before the Court, he in that feverish condition went to the learned Judge and filed his sick note and orally prayed for adjournment of the case. The learned Judge, by his order below Ext. 92, rejected the said application on the ground that 0. XVII, R. 1 (...
Amrutlal Mangalji Joshi Vs. Arab Timbdi Juth Sevadayi Sahakari Mandali ...
Court: Gujarat
Decided on: Jul-13-1977
Reported in: (1978)0GLR20
ORDER1. This is a petition under Art. 227 of the Constitution of India at the instance of the Secretary of a service society who was the original defendant due No. 4 in the Court of Registrar's Nominee in Arbitration Case No. 88 of 1970 filed by the Society against the President, Sureties and the Secretary thereof for recovery of Rs. 1,338-50 paise against the order of the Gujarat State Co-operative Tribunal dismissing the appeal of the petitioner from the order of the Registrar's Nominee in the said suit holding the petitioner solely liable for the amount and ordering him to pay the same on the ground that the appeal was clearly time barred. 2. Mr. Joshi, learned Advocate, appearing for the petitioner advanced two contentions in support of this petition,decision They are,-1.The Tribunal committed an error apparent on the face of the record in overlooking the fact disclosed from the upon record of the suit on the file of the Court of Registrar's Nominee that the notice of the date of p...
Pravinkumar Vallabhdas and ors. Vs. Chhotalal Parmanandas and Co. and ...
Court: Gujarat
Decided on: Jul-12-1977
Reported in: 1977ACJ532; AIR1977Guj202; (1978)0GLR62
1. These three appeals arise out of applications Nos. 30, 31 and 32 of 1974 in the Court of Motor Accidents Claims Tribunal,Junagadh. Two more applications, being applications Nos.29 and 33 of 1974 also had come to be filed. All these five applications had arisen out of a fatal accident dated 9-3-74 at Veraval in Junagadh District at about 10.00 A.M. One Vallabhdas Pragji had gone from his wife's brother's marriage and was deputed to the bus station to receive some guests who were expected to reach. Deceased Vallabhdas Pragji had gone there at about 9.00 A.M. and had waited there up to 10.00 A.M. awaiting the guests to arrive, but finding that none had come up, he had started going back to his brother-in-law's place to report the non-arrival of the guests Just outside the entrance of the ST Bus station, he was run over by the truck belonging to the respondent Nos.1 and 2 driver by their employee, the respondent No.3.Death of Vallabhdas was instantaneous. Thereafter five different appli...
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