Gujarat Court November 1978 Judgments
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Patel Kanji Virji Bhayani (Decd.) by His Heirs Mohanlal Kanji Patel an ...
Court: Gujarat
Decided on: Nov-22-1978
Reported in: (1979)1GLR773
S.H. Sheth, J.1. The plaintiff filed the present suit against the defendants for a declaration that the defendants do not have the right to fix windows, ventilators etc. in the western wall of their house situate at village Supedi in Dhoraji Taluka of Rajkot District and for a mandatory injunction directing the defendants to remove the windows and ventilators which were opened in the wall and for a prohibitory injunction restraining them from opening any in future.2. In defence it was contended by the defendants that they have a right to enjoy their property in any manner they like and to make such use of the property as they think fit.3. The learned trial Judge did not uphold the claim made by the plaintiff and, therefore, dismissed the suit. However, the learned appellate Judge partly allowed the appeal. He granted a declaration that the defendants do not have any easement right to get light and air through doors, windows, apertures etc. in the western wall of their house overlooking...
Nanji Kalubhai Oil Mill Vs. State of Gujarat
Court: Gujarat
Decided on: Nov-20-1978
Reported in: [1979]44STC271(Guj)
Mehta, J.1. At the instance of the assessee, in this reference under section 69 of the Gujarat Sales Tax Act, 1969, the following question of law has been referred to us for our opinion : 'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that 24 transactions of the applicant amounting to Rs. 8,77,064 were really inter-State sales of the applicant and not consignment sales ?' 2. The facts leading to this reference, shortly stated, are as under : The assessee is a partnership firm, having an oil mill at Gondal for the manufacture and sale of groundnut oil and oilcakes, and is registered as a dealer under the Gujarat Sales Tax Act, 1969, as well as the Central Sales Tax Act, 1956. It appears that the Sales Tax Officer had paid a surprise visit to the place of business of the applicant and seized the account books and other papers. He then proceeded to assess the assessee for S.Y. 2027 under the Central Sales Tax Act, 1956. In the course of ...
The State of Gujarat Vs. Premier Auto Electric Ltd.
Court: Gujarat
Decided on: Nov-20-1978
Reported in: [1980]45STC220(Guj)
Desai, J.1. In this reference made by the Gujarat Sales Tax Tribunal (hereinafter referred to as the 'Tribunal') at the instance of the State of Gujarat under section 61 of the Bombay Sales Tax Act, 1959 (hereinafter called the 'Act'), the following question has been referred for the opinion of this Court : 'Whether, on the facts and in the circumstances of the case and in view of the directions of the Gujarat High Court in Sales Tax Reference No. 5 of 1974 decided on 13th August, 1974, the Tribunal was justified in not deciding the rate of tax to be levied on the sales of scrap batteries in general and in holding that the rate of tax on the scrap batteries sold to the opponent is 10 per cent under entry 42B of Schedule C to the Bombay Sales Tax Act, 1959, inasmuch as the department while making the assessments of the vendors of the opponent had levied the tax at the rate of 10 per cent on their sales and for which the vendors of the opponent had already issued certificates ?' 2. In or...
Vasuki Carborundum Works Vs. the State of Gujarat
Court: Gujarat
Decided on: Nov-17-1978
Reported in: [1979]43STC294(Guj)
Mehta, J.1. At the instance of the assessee, the Gujarat Sales Tax Tribunal has referred the following question to us for our opinion under section 69 of the Gujarat Sales Tax Act, 1969 : 'Whether, on the facts and in the circumstances of the case, the Tribunal is justified in holding that kathi purchased and used by the applicant for packing of the goods for sale was not purchased and used as consumable stores in the process of manufacture of goods for sale ?' 2. The assessment period with which we are concerned in this reference is S.Y. 2028. The assessee is carrying on the business of manufacturing crockery and carborundum and is selling the same as a registered dealer under the Gujarat Sales Tax Act, 1969. The assessee had purchased kathi (twine) worth Rs. 12,867 on the certificate that the said article was required for use in the manufacture of goods for sale. The article in question was used for the purpose of packing goods manufactured by the assessee and sold thereafter. The Sa...
Parvatishanker Mulshanker and anr. Vs. Prafulchandra Ravjibhai Patel a ...
Court: Gujarat
Decided on: Nov-17-1978
Reported in: (1979)1GLR762
S.H. Sheth, J.1. The plaintiff-tenant filed the present suit against the defendants (landlords) for a declaration that he has been the tenant in respect of Khadki, open chawk and loft along with the other premises admittedly let out to him. He also prayed for a permanent injunction restraining the defendants from interfering with his possession of those three premises in question. The defendants denied his claim. The learned trial Judge held that the plaintiff was not the tenant of the chawk, the khadki and the loft but had been merely using them. The learned trial Judge, therefore, did not grant the plaintiff the declaration but issued a permanent injunction restraining the defendants from interfering with the plaintiff's possession of those three premises in question because the plaintiff has all along been in possession thereof and enjoying it. The plaintiff appealed against that decree to the appellate Bench of the Court of Small Causes at Ahmedabad. The appellate Bench allowed the...
Visu Casement Pvt. Ltd. Vs. Engineering Mazdoor Sangh
Court: Gujarat
Decided on: Nov-16-1978
Reported in: (1979)1GLR561
B.J. Divan, C.J.1. The petitioner in this petition is Visu Casement Private Ltd. and it is running an engineering establishment of a small size. This engineering establishment was started in 1968-69 and in the beginning, it employed about forty workmen. It manufacturing steel windows, doors, pneumatic tools, grills, etc. In this establishment, there was a window manufacturing section in which only window frames were manufactured. The petitioner was in heavy financial strain for some time on account of slackness in business and the normal flow of financial requirements. It is the case of the petitioner that because of financial difficulties, it retrenched seven workmen from the window section in November 1975. Again, in July 1956, the balance of the workmen in the window section were laid off in accordance with the provisions of law. On August 14, 1976, the petitioner company issued a closure notice mentioning that it proposed to close down the window section, and on September 14, 1976,...
Narsinhbhai Govindbhai Rank Vs. Devshi Laxmidas Dedania and ors.
Court: Gujarat
Decided on: Nov-15-1978
Reported in: (1979)1GLR841
N.H. Bhatt, J.1. These two petitions though filed by two different persons and in respect of two separate prayers can be conveniently disposed of together because, in the former the Sarpanch's election is challenged while in the other the election of the member from Ward No. 8 of that village is challenged. The common features of this election are the challenge to the electoral roll.2. The Village Panchayat concerned is Ramlechi Gram Panchayat in Junagadh District. The Respondent No. 3 in both these petitions is the Mamlatdar of Talala Taluka who was appointed as the Specified Officer under Section 21 of the Gujarat Panchayats Act, 1961 (hereinafter referred to as 'the Act' for brevity's sake). In the former petition No. 1774 of 1975, the first respondent Devshi Laxmidas was declared elected as the Sarpanch on his having allegedly secured 529 votes as against his rival, the second respondent, who was found to have secured 384 votes. In the Special Civil Application No. 1790 of 1975, th...
Patel Purshottamdas Motilal Vs. Patel Chhotabhai Motibhai
Court: Gujarat
Decided on: Nov-15-1978
Reported in: (1979)1GLR918
S.H. Sheth, J.1. The plaintiff and the defendant are brothers. On 15th September 1955, partition of the joint family estate between them was effected. Plaintiff thereafter was running Bidi business. On account of some physical handicap, he was unable to run it. Therefore, he authorized the defendant to run it on his behalf and executed in that behalf a power of attorney dated 19th September 1956. For 17 years the defendant carried on the plaintiff's business. The plaintiff in 1973 found that the defendant had been mismanaging the business. He, therefore, cancelled his power of attorney on 23rd March 1973. Disputes arose between the par-ties in the matter of the plaintiff's business which was run by the defendant for 17 years. They, therefore, agreed on 6th April 1973 to refer the disputes to an arbitrator. The disputes were referred to the arbitrator. The arbitrator did not make award and, therefore, that arbitration failed. Thereafter Suit No. 38 of 1974 was filed under Section 20 of ...
Ramanbhai Trikamlal Vs. Vaghri Vaghabhai Oghabhai and anr.
Court: Gujarat
Decided on: Nov-13-1978
Reported in: AIR1979Guj149; (1979)0GLR268
B.J. Divan, C.J. 1. The question that has been referred to this Full Bench is as follows:-'Whether the ratio of the decision of the Full Bench of this Court in Civil Revn. Appln. No. 517 of 1972 decided on 27-1-1977 (since reported as Zabuben Devji v.. Mansukhlal Bhagwandas : AIR1978Guj36 is affected by the decision of the Supreme Court in : [1977]1SCR996 (Kerala State Electricity Board v. T. P. Kunhaliumma))? The facts giving rise to this special civil application may be shortly stated: These proceedings arise out of an execution application filed for the execution of an award in Bombay Agricultural Debtors' Relief Act Application No. 2832 of 1949. This award was made on July 19, 1951. Under the award, the judgment-debtor had to pay an aggregate amount of Rupees 3651/- by seven yearly instalments of Rs. 525/- each. The first instalment was to be paid on or before Vaisakh Sudi 2, Sainvat Year 2008, and the subsequent instalments were to be paid on Vaisakh Sudi 2 of every year thereafte...
Khatubai Nathu Sumra Vs. Rajgo Mulji Nanji and ors.
Court: Gujarat
Decided on: Nov-10-1978
Reported in: AIR1979Guj171
1. The appellant is the original plaintiff who filed a suit against the original defendant for redemption of mortgage of a property mortgaged by one Aishabai, grandmother of the plaintiff to the father of original defendant No. 1 Jusab Sidik Gulmohmed who, it appears, was the son-in-law of the said Aishabai. Original defendant No. 2 having died, his hes are brought on record as respondents Nos. 1 to 10, the said defendant was impleaded as he was the assignee of the rights obtained by the said Jusab Sidik, original defendant No. 1's father from Aishabai . It may be noted at this stage than the suit was withdrawn against defendant No. 1 and it then proceeded against defendant No. 1 only.2. The plaintiff's case was that the property consisting of a room, with Osri and Angna, that is chowk or verandah and open space, which property was self contained, the same being Deli Bandh, was mortgaged for a consideration of Rs. 2,000 Koris on Aso Vad 3 of S. Y. 1998 equivalent to 1942 A.D. The prope...
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