Court : Gujarat
Reported in : (1978)19GLR671
D.A. Desai, J.1. Turmoil in the academic world consequent upon the introduction of the new pattern of education both at the instance of the management, teachers and incidentally the Government has found its echo in this group of petitions. Though the point involved is very narrow, clear and precise, the matter has been argued on a much wider canvass most ably, but it has caused us no small concern and anxiety in reaching a correct, appropriate and legal solution. The question raised in each of these petitions is common and, therefore, a few facts of a representative nature may be drawn from the first petition, namely. Special Civil Application No. 955 of 1977.2. This petition is filed by the Ahmedabad Kelavani Trust and one Shri Rasiklal C. Shah claiming to be the Managing Trustee of the trust, questioning the constitutional validity of what has been euphemistically described as guidelines issued by he Government of Gujarat as per its Resolution in Education Department dated 12th April...
Tag this Judgment!Court : Gujarat
Reported in : (1978)19GLR1126
A.M. Ahmadi, J.1. The short question which arises for our decision in this appeal has been formulated by our learned brother Surti, J. in his referring judgment of 17th November, 1976, thus:Whether on a true and correct reading of Clause 22 of an agreement dt. May 16, 1972 any arbitrators are at all appointed by the parties for solving their disputes?The few facts which are necessary to answer the above question are that the appellant, a registered partnership firm, had been appointed as the nominee of the respondent, a statutory corporation. The terms and conditions of appointment were incorporated in an agreement, Clause 22 whereof reads as under:22. In the event of any dispute concerning with or arising out of any matter referred to in this agreement or anything contained therein between the parties the matter shall be referred to the Regional Purchase Advisory Committee of the Corporation for opinion. The nominees of the Corporation in Gujarat shall be represented by co-opting one ...
Tag this Judgment!Court : Gujarat
Reported in : [1979]49CompCas556(Guj); (1978)0GLR651
1. This second appeal by original defendant No. 1, the New Great Insurance Company of India Ltd., raises an interesting question of law in the field of marine insurance. 2. A few facts relevant to the point canvassed in this appeal may be stated. Respondent No. 1, original plaintiff, M/s. Vithaldas Dhanjibhai, a partnership firm, is carrying on business at Jamnagar. M/s. Vasantrai Shantilal consigned 3,000 bags of centrifugal raw sugar from Calcutta to Bedi Bandar (Jamnagar) by S. S. 'K. R. Ashok' under invoice dated 31st January, 1966. Of the 3,000 bags 1,500 bags were insured with the appellant-defendant No. 1 and 500 bags were insured with respondent No. 2-defendant No. 2. Remaining 1,000 bags were also insured with appellant-defendant No. 1. At the time of delivery the cargo appears to have been damaged in part. Of the whole consignment 11bags were entirely missing. According to the plaintiff, there was damage to the tune of Rs. 2,872.31 by way of short delivery. This was worked ou...
Tag this Judgment!Court : Gujarat
Reported in : (1978)19GLR389
P.D. Desai, J.1. This Revision Application is directed against an order of the Motor Accidents Claims Tribunal, Surat, rejecting an application made by the petitioners for condoning the delay in presenting application for compensation under Section 110A of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act'). The application in question was not rejected on merits but on a technical ground, namely, that since it was sent by registered post and not presented in person or by a recognised agent or by a pleader appearing, applying or acting on behalf of the petitioners, the application was not tenable.2. In reaching the aforesaid conclusion, the Tribunal adopted the following reasoning: (1) that under Sub-section (2) of Section 110-C and Rule 294 of the Bombay Motor Vehicles Rules, 1959 (hereinafter referred to as 'the Rules) the Tribunal-has the powers of a Civil Court, and it is competent to exercise such powers in so far as the same are not inconsistent with the provisions...
Tag this Judgment!Court : Gujarat
Reported in : (1978)19GLR237
D.P. Desai, J.1. This revisional application raises an interesting question as to interpretation of the word 'mother' occurring in Section 125(1) of the Code of Criminal Procedure, 1973 (Code) and the question is, whether that expression includes a 'step-mother'.2. The facts are very brief. The parties are Mohmedans and the petitioner who is the step-mother of the opposite parties, instituted a proceeding for maintenance under Section 125 of the Code, being Criminal Miscellaneous Application No. 85 of 1975 before the Judicial Magistrate. First Class at Rajkot, making the necessary averments entitling her to maintenance. One of the grounds on which the claim of the petitioner was contested was that the petitioner being step-mother does not fall within the expression 'mother' and, therefore, irrespective of the merits of the case, the petition is likely to fail. The learned trial Magistrate raised several issues. However, he determined issue No. 1 as a preliminary issue. That issue was, ...
Tag this Judgment!Court : Gujarat
Reported in : [1978]114ITR302(Guj)
Divan, C.J.1. In this case, at the instance of the assessee, the following question has been referred to us for our opinion : 'Whether, on the facts and in the circumstances of the case, the land in question in an agricultural land within the meaning of section 2(14)(iii) of the Income-tax Act, 1961, and, therefore, whether the capital gains arising from the sale thereof is exempt from assessment to income-tax under the said Act ?' 2. The facts giving rise to this reference are as follows : The assessment year under reference is 1969-70, the relevant previous year of account being Samvat year 2024 which ended on October 21, 1968. The assessee is an individual and she and one, Shantaben Dahyabhai Patel (wife of the assessee's husband's brother) jointly purchased two plots of land bearing survey Nos. 51/1/1 and 51/1/2/2/2 of Changispur village. These two plots were subsequently given final plot No. 65 of the Town Planning Scheme No. 20 admeasuring about 2,360 square yards. The assessee h...
Tag this Judgment!Court : Gujarat
Reported in : 1978CriLJ1193; (1978)GLR165
ORDERD.P. Desai, J.1. In peculiar circumstances, this petition has come to be filed. In fact, at the bar, a grievance was made as regards practice in vogue in some Courts of sending a criminal case from the Metropolitan Magistrate's Court to the Sessions Court and from the Sessions Court to the Chief Metropolitan Magistrate's Court and from there again, to the Metropolitan Magistrate's Court. This exactly seems to have happened in the present case, with the result that, as stated by the learned Advocate for the petitioner at the bar, the petitioner had to execute fresh bail and surety bond four times.2. The following facts will be quite eloquent on this grievance and they now call for true and correct interpretation of the relevant provisions bearing upon the powers of the Magistrate and the Chief Metropolitan Magistrate (which interpretation would cover Judicial Magistrate and Chief Judicial Magistrate also) as regards sending of cases from one Court to another on the ground that the ...
Tag this Judgment!Court : Gujarat
Reported in : (1978)19GLR661
J.B. Mehta, J.1. The petitioners trustees of a registered public trust known as Jabangirpura Masjid, Baroda, have filed this petition challenging the appellate order of the Revenue Tribunal which has set aside the Charity Commissioner's order and has accordingly sanctioned the proposed sale. Respondents Nos. 1 and 2, trustees, have been joined along with respondent No. 3 tenant in whose favour the sanction is granted. Respondents Nos. 4 and 5 are the Charity Commissioner and the Revenue Tribunal. An application under Section 36 of the Bombay Public Trusts Act, 1950 hereinafter referred to as the Act' had been made by the trustees for sale of the trust land admeasuring 97 sq.yds. in Baroda belonging to the trust which was rented out to respondent No. 3 on a monthly rent of Rs. 5/- since many years. In the application it was alleged that the tenant has agreed to purchase the said land fur Rs. 15000/- and that the trustees intended to utilise the sale proceeds for construction of a buildi...
Tag this Judgment!Court : Gujarat
Reported in : [1978]114ITR197(Guj)
Divan, C.J.1. In this case, at the instance of the assessee the following question has been referred to us for our opinion : 'Whether, on the facts, and in the circumstances of the case, the Tribunal was justified in law in holding that there was no right of appeal under the provisions of section 246 of the Income-tax Act, 1961, against levy of interest under section 139 and 217 of the Act ?' 2. In this case, we are concerned with the assessee who is an individual and the assessment year under reference is 1971-72, the relevant accounting period being samvat year 2026. The assessee filed his return of income on December 31, 1971, and the period for filing the return was extended up to December 31, 1971, by appropriate order passed by the Income-tax Officer in charge of the assessee's case. The assessee who is an individual carries on business in cloth and coal on wholesale basis. The Income-tax Officer, at the time of completing the assessment, passed an order to the following effect :...
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