Gujarat Court March 1978 Judgments
M.K. Janardan and ors. Vs. Union of India (Uoi) and ors.
Court: Gujarat
Decided on: Mar-30-1978
Reported in: (1978)19GLR879
B.J. Divan, C.J.1. The three petitioners herein are working as Head Clerks in the Engineering Workshop, Western Railway, Sabarmati, so far as petitioners Nos. 2 and 3 are concerned and the first petitioner is Officiating Chief Clerk in the said Engineering Workshop and his substantive post is that of Head Clerk in the said Engineering Workshop. The first respondent is the Union of India, the second respondent is the General Manager, Western Railway, the third respondent is the Chief Bridge Engineer, Western Railway Headquarters and the fourth respondent is another Head Clerk in the Engineering Workshop at Sabarmati The fourth respondent belongs to one Of the Scheduled Castes and he belongs to the category for whom reservation of posts has been made as reservation for Scheduled Castes under the instructions of the Railway Board. It is the case of the petitioners that in the Western Railway, the Engineering Workshop at Sabarmati is treated as a separate entity for the purpose of promotio...
Tag this Judgment!Commissioner of Income-tax, Gujarat-i, Ahmedabad Vs. Kaira District Co ...
Court: Gujarat
Decided on: Mar-24-1978
Reported in: [1979]116ITR319(Guj)
B.K. Mehta, J. 1. Since the respective questions referred in these three sets of references, each one of which is at the instance of the Commissioner of Income-tax as well as the assessee concerned for the assessment years 1963-64, 1964-65 and 1965-66, respectively, raise broadly similar points, we intend to dispose of these references by this common judgment. 2. We will set out the typical facts as found in the statement of the case given by the Income-tax Appellate Tribunal, Ahmedabad, in Income-tax References Nos. 72 and 73 of 1975, so that the dispute involved in these references be appreciated in proper perspective. 3. The assessee, Kaira District Co-operative Milk Producers' Union Ltd., Anand, is a co-operative milk producers'society registered under the Bombay Co-operative Societies Act, and enjoys the position of being a pioneer society in the co-operative field of dairy industry and more particularly milk production and its allied products. It started functioning in 1946. In t...
Tag this Judgment!Union Co-operative Insurance Society Ltd. and anr. Vs. Bhartiben and o ...
Court: Gujarat
Decided on: Mar-24-1978
Reported in: AIR1979Guj121; (1978)GLR820
P.D. Desai, J.1-2. x x x x x x x x x 3. The deceased was a medical practitioner holding B. A. M, IS. and L. m. P degrees. Since Sept. 1968 he had established private practice at-Pethapur. At the time of his death he was aged about 32. The first respondent, widow of the deceased, was at the material time about 27 years of age. The second respondent, daughter of the deceased, was at the material time aged about 3 years. The third respondent, father of the deceased, was at that material time aged about 63 years.4. It might be stated that the claim petition was originally filed only by the first and second respondents. The third respondent was originally joined as the fourth opponent. Subsequently, however the Tribunal permitted the transposition of the third respondent as applicant No. 3 at the request of the said respondent. So far as the claim put forward by the first and second respondents in their claim petition is concerned, the total amount claimed as and by way of compensation was ...
Tag this Judgment!The State of Gujarat Vs. Natwarlal Pitamberdas Shah
Court: Gujarat
Decided on: Mar-22-1978
Reported in: 1978CriLJ1518; (1978)GLR1095
R.C. Mankad, J1. This appeal by the State is directed against the order passed by the learned City Sessions Judge, Ahmedabad, acquitting the respondent-accused of offence punishable under Section 16(1)(a)(i) read with Section 7(1) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act').2. The facts leading to this appeal are as follows, J. C. Patel, who is a Food Inspector attached to the Municipal Corporation for the city of Ahmedabad, purchased from the accused, who is running a shop in Javahar Chowk in Maninagar area in the city of Ahmedabad, 450 grams of chilly powder. It appears that the chilly powder was purchased in the presence of Kantilai who is working as a peon and one Shantilal. After following the necessary formalities laid down under the Act. sample of the chilly powder was sent for analysis to the Public Analyst for the City of Ahmedabad. The Public Analyst in his report gave an opinion that the chilly powder was adulterated. J. C. Patel, ...
Tag this Judgment!Vijaysinhji Vithalrao Khasgiwala (Since Deed by His Heir and L.R. Upen ...
Court: Gujarat
Decided on: Mar-21-1978
Reported in: (1978)19GLR980
N.H. Bhatt, J.1. This is an appeal by the original plaintiff of the regular Civil Suit No. 249 of 1966, which was decreed in his favour by the 6th Joint Civil Judge (J.D.) Baroda. At the instance of the respondents-original defendants, the learned appellate Judge dismissed the said suit as per his judgment in Civil Appeal No. 303 of 1970. Being aggrieved by the said appellate judgment, the original plaintiff is before this Court.2. The only ground on which the appeal of the defendants was allowed and the trial court's decree was set aside by the learned appellate Judge was that the evidence recorded in the earlier Civil Suit No. 718 of 1962 had been offered by the parties as evidence in this case. The said earlier Suit No. 718 of 1962 also was tiled by the very plaintiff against the very defendants in respect ut another property, but the points were Identical. The plaintiff succeeded in that earlier suit and these defendants' earlier appeal No. 183 of 1963 had come to be dismissed by t...
Tag this Judgment!Commissioner of Income-tax Vs. Ramanbhai B Amin.
Court: Gujarat
Decided on: Mar-11-1978
Reported in: [1987]163ITR125(Guj)
B.K. Mehta, J.1. At the instance of the Commissioner of Income-tax, Gujarat, the following question is referred to us for our opinion : 'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that the contribution of joint stock made by the assessee as capital to the firm, M/s. Niraru Associates, did not within the meaning of section 2(47) tantamount to transfer in relation to the said joint stock and that, therefore, there arose no profits and gains computable under the head 'Capital gains' ?' 2. For the reasons stated in the judgment and order of the Division Bench of this court in Income-tax Reference No. 34 of 1980 - CIT v. Kartikey V. Sarabhai : [1981]131ITR42(Guj) , we must answer the question referred to us in this reference at the instance of the Commissioner in the negative, i.e., in favour of the Revenue and against the assessee with no order as to costs. 3. On behalf of the assessee, an oral application has been made fo...
Tag this Judgment!State of Gujarat Vs. Nanusing and ors.
Court: Gujarat
Decided on: Mar-09-1978
Reported in: 1979CriLJ627; (1978)GLR967
M.K. Shah, J.1. At about 12-30 A. M. between the night of the 18th of Nov. 1974, and the 19th, an incident happened in the field of complainant Babubhai of village Santhal, Taluka Mehsana, where his cousin i. e. uncle's son Chandulal Ambalal, his brother Maneklal, and the complainant himself were assaulted by some persons with spears and sticks causing fatal injuries to Chandulal who died at 4-30 A. M. the same morning, as also injuries to the complainant and Maneklal, including a couple of fractures.2. The prosecution case was that the seven accused were closely re-' lated to one another. Accused No. 1 being the father of accused No. 5 accused No. 6 being the brother of accused No. 1, accused Nos. 2 and 4 being uncles of accused Nos. 1 and 6 and accused Nos. 3 and 7, who were brother's with the sons of one Balvantsing who is the uncle of accused No. 1. They are Thakores residing at Govindwadi in the village Santhal, while the deceased, the complainant and most of the prosecution witne...
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