Gujarat Court August 1977 Judgments
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Patel Parshottamdas Chaturbhai and ors. Vs. Harijan Shakarbhai Lakhabh ...
Court: Gujarat
Decided on: Aug-23-1977
Reported in: (1978)19GLR341
M.P. Thakkar, J.1. Inconceivable as it might appear. Article 226 of the Constitution of India embedded therein to enable the Courts to remove injustice is often invoked (as in the present matter) in order to 'create' rather than 'remove' road blocks in the way of the Establishment even when it is sincerely striving to redress the centuries old injustice to backward class citizens in a small measure. Perhaps it is better to let the facts voice their own sentiments.2. Five land owners from village Radhu in Matar taluka in Kaira district viz. Patel Parshottamdas Chaturbhai and four others, have challenged a grant of lands in respect of two small parcels admeasuring 6 acres-27 gunthas and 3 acres 10 gunthas comprised in survey number 250 of the same village in favour of respondent No. 1 Harijan Shakarbhai Lakhabhai, the promoter of a backward class co-operative society viz. Sahij Pachhat Varga Samudayik Sahakari Mandali as per order at annexure 'B' dated May 31, 1973 by way of this petitio...
Jam Shri Staji Digvijaysingji and ors. Vs. Daud Taiyab and ors.
Court: Gujarat
Decided on: Aug-22-1977
Reported in: 1978ACJ443; AIR1978Guj153
J.B. Mehta, Actg. C.J.1 to 24 x x x x 25. So far as the other two deceased persons, Sidi Musa and Noormohmad were concerned, they were persons who were merely given lift. They are not shown to be persons carried on the truck G. T. Z. 1959 for hire or reward or by reason of or under any contract of employment. The evidence of Pravinchandra is very categorical that they were merely given lift. So far as Noormohmad was concerned, it was an act of mere social kindness out of sympathy for him and for his ailing buffalo calf. For Sidi Musa also, it was a mere lift given in presence of the owner, Pravinchandra, by the cleaner Abbas, and so, of course, with the consent of Pravinchandra.26. The question about insurance coverage or such passenger risk is now finally settled by the aforesaid decision of their Lordships in Pushpabai v. Ranjit Ginning and Pressing Co., Pvt. Ltd., (AIR 1977 SC 1735)..At page 1745, their lordships first pointed out that Section 95 of the Motor vehicles Act 1939, as a...
R.P. Patel Vs. the State of Gujarat and anr.
Court: Gujarat
Decided on: Aug-19-1977
Reported in: 1978CriLJ1192; (1978)GLR18
ORDERM.P. Thakkar, J.1. Not infrequently one who attempts to do his best conscientiously gets a slap on the cheek rather than a pat on the back as is revealed by the present proceedings arising out of observations made and strictures passed by the learned Sessions Judge, Bhavnagar, against a Judicial Magistrate, First Class, subordinate to him in the course of a transfer application instituted in his Court. The observations and strictures appear to be exteremely unfair and uncalled for and warrant interference at the hands of this Court in order to make amends to the learned Magistrate so that one who is concerned with the administration of justice himself does not suffer from a sense or feeling of injustice. It appears that the learned Magistrate. Shri R.P. Patel, LL. M., made a bona fide effort in order to bring about reconciliation between a husband and wile in a proceeding for maintenance pending in his Court. Now, the learned Sessions Judge has made certain observations which woul...
Registrar of Companies Vs. Navjivan Trading Finance Pvt. Ltd.
Court: Gujarat
Decided on: Aug-17-1977
Reported in: [1978]48CompCas402(Guj)
Thakkar, J.1. There is a time for war and there is a time for peace. There is a time for laughing and there is a time for weeping. There is a time to live and there is a time to die. So also, whilst the court would be keen and quick to strive for evolving a scheme to resurrect a company so that the society does not lose a producing unit, the workers do not lose their source of livelihood, and the State does not lose its revenue, and order winding up of it only as a last desperate measure as a necessary evil, there are times when the court may justly feel that delaying winding up by a single day is a crime for which no atonement is sufficient. These reflections are occasioned by the present petition for winding up of a company (known as Navjivan Trading Finance Private Ltd.) instituted by the Registrar of Companies in exercise of powers under section 433(e) of the Companies Act, 1956, as amended by the Companies (Amendment) Act of 1974 (the Companies Act), praying for an order for windi...
Baboo HusaIn Vs. N.P. Nopany
Court: Gujarat
Decided on: Aug-16-1977
Reported in: [1978(37)FLR10]; (1978)0GLR360; (1979)ILLJ103Guj
Thakkar, J.1. Does a worker who is otherwise entitled to the protection of Payment of Wages Act forfeit the protection of the Act if he works overtime and claims overtime wages in case his contractual wages along with the claim for overtime exceed the statutory limit and will the Act cease to apply to him in that event That is the question which has climbed to the top in this petition under Art. 227 of the Constitution of India invoked by a boiler attendant who was attending to the boiler installed in a factory belonging to the respondent at Jamnagar known as Bajrang Mills and Fertiliser Co. during all the three shifts everyday. He has challenged the impugned order passed by the learned Assistant Judge of Jamnagar exercising appellate powers under S. 17 of the Payment of Wages Act of 1936, hereafter called the 'Act', whereby the learned Assistant Judges has set aside the award for Rs. 14,850 made by the Payment of Wages Authority in favour of the petitioner and rejected the application...
Memon Haji Oomer Noormamad Patel Vs. Memon Bai Haji Aisha Suleman and ...
Court: Gujarat
Decided on: Aug-16-1977
Reported in: (1978)19GLR159
A.N. Surti, J.1. The short question which arises for my consideration in the present criminal revision application is whether the learned Magistrate was justified in dropping the proceedings before him and in releasing the accused persons in respect of the complaint filed against the accused persons in regard to certain offences alleged to have taken place before the Mamlatdar and the Insolvency Court having regard to Section 195 of the Code of Criminal Procedure, 1898.2. In order to appreciate the point canvassed by Mr. Suresh M. Shah the learned advocate for the petitioner-original complainant, a few relevant facts may be stated.3. The petitioner-complainant had purchased Hundis of Rs. 22,000/- in May, 1966 from one Haji Amad Mamad Dada Habib Jiya at Dhoraji. The said firm went into insolvency, and in the insolvency proceedings, the creditors of the firm were given rateable distribution by the Receiver. The petitioner was ordered to be paid Rs. 9900/- in respect of his aforesaid clai...
Navjivan Construction Co. Vs. Kantilal Gandalal Sanghvi and ors.
Court: Gujarat
Decided on: Aug-16-1977
Reported in: (1978)19GLR357
N.H. Bhatt, J.1. This is an appeal by the original plaintiff-firm of the civil suit no. 772 of 1967 of the City Civil Court at Ahmedabad, being aggrieved by the order passed by the learned Judge staying the said suit as per Section 34 of the Indian Arbitration Act. The plaintiffs suit is for money due under the contract of construction. The first thing that the defendants did on being served with the summons was filing of an application, ex. 9, under Section 34 of the Indian Arbitration Act, praying for the stay of the suit on the ground that there was a clause in the agreement between the parties to refer the differences or disputes to arbitration. The defendants by that application insisted on the suit to be stayed till an award was obtained through arbitration. Had the matter rested there, the situation would not have been as complicated as it has turned out to be. During the pendency of the said application, ex. 9, and before it could be dealt with by the Court after hearing the or...
Yashinkhan Ahmedkhan and ors. Vs. Hushanbhai Rajabbhai and ors.
Court: Gujarat
Decided on: Aug-11-1977
Reported in: (1978)19GLR175
D.P. Desai, J.1. This matter comes before us on a reference made by our learned brother N.H. Bhatt, J. who found that as regards interpretation of Section 456 of the Code of Criminal Procedure, 1973 (the Code), there is a conflict of opinion as disclosed from the judgment of the Bombay High Court and two subsequent judgments of this Court. In fact, the learned Judge found that there is an inherent conflict between the two subsequent decisions of this Court also. All the three judgments are by the Single Judge. The facts leading to this revisional application may now be briefly stated. One Roshanbibi, predecessor-in-title of the present petitioners had obtained a decree for possession of property against opposite party No. 1, who prior to the suit in which this decree was passed, was a tenant of Roshanbibi. In execution of that decree, actual possession was taken through the Court by Roshanbibi on April 18,1973. She remained in possession thereof thereafter. However, on March 4,1974, wh...
Chinubhai Keshavlal Nanavati Vs. K.J. Mehta and anr.
Court: Gujarat
Decided on: Aug-10-1977
Reported in: 1978CriLJ1040; (1977)GLR1022
S. Obul Reddi, C.J.1. The question that arises in this Special Criminal Application is about its maintainability under Article 226 of the Constitution. The petitioner was convicted under Section 345 of the Code of Criminal Procedure, 1973, by a Commissioner appointed by the City Civil Court, Ahmedabad as he found that the petitioner was causing interruption to him in the discharge of his judicial functions. He was sentenced to a fine of Rs. 175/- and in default of payment of fine, to simple imprisonment for fifteen days.2. The facts which compelled the Commissioner to take action under Section 345 of the Code of Criminal Procedure, 1973, against the petitioner are these. In judicial proceedings held by the Commissioner pursuant to a preliminary decree in a partition action, certain questions in cross-examination were put to the petitioner-defendant No. 1, who was a witness before the Commissioner, by the counsel appearing for the opposite side, The Commissioner noticed the petitioner a...
Commissioner of Income-tax, Gujarat-ii Vs. Vania Silk Mills P. Ltd.
Court: Gujarat
Decided on: Aug-09-1977
Reported in: [1978]112ITR701(Guj)
J.B. Mehta, J.1. The question which has been posed in this reference at the instance of the revenue is as under : 'Whether, on the facts and in the circumstance of the case, the Tribunal was right in holding that the income of Rs. 10,600 earned by the assessee by giving on hire its machines was assessable as business income of the assessee ?' 2. For the assessment year 1968-69 this reference is made by the Tribunal at the instance of the revenue, while for the subsequent assessment years 1969-70 and 1970-71 on identical facts the question which has been posed by the Tribunal at the instance of the revenue is as under : 'Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the rent income or the hire charges of machine received by the assessee from M/s. Jasmine Mills Pvt. Ltd. was assessable as income from business ?' 3. The assessee is a private limited company carrying on manufacture and sale of art silk cloth. During the assessment period...
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