Gujarat Court August 1978 Judgments
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Kharva Gigabhat Mavji Vs. Soni Jagjivan Kanji
Court: Gujarat
Decided on: Aug-11-1978
Reported in: (1979)1GLR256
B.K. Mehta, J.1. Since an identical question of law has been raised on behalf of the judgment-debtors in these matters arising out of the execution proceedings, I intend to dispose them off by this common judgment. A few facts need be noticed in order to appreciate the question raised in its proper perspective.2. The respondent of First Appeal No. 147/77 is a decree-holder, who has sought the execution of the consent decree made in Special Civil Suit 13 of 1973 on the file of the Court of Civil Judge (S.D.) Jamnagar for a sum of Rs. 17, 823-49 Ps to be realised from the sale of the mortgaged property mortgaged under the deed of mortgage of July 17, 1969.3. The judgment-debtor (Appellant) resisted the execution application, contending, inter alia, that the mortgaged property could not be put to court auction and transferred by the sale in view of the provision contained in Section 27 of the Urban Land (Ceiling and Regulation) Act, 1976, which will hereinafter be referred to as 'the Ceil...
Dr. Arjunsinh Jehalji Gurjar Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Aug-10-1978
Reported in: (1979)1GLR363
N.H. Bhatt, J.1. This is an appeal by the original plaintiff of the Regular Civil Suit No. 50 of 1967 of the Court of the Civil Judge (J.D.) Himatnagar who was pleased to dismiss the same with costs. The defendant No. 1 is the State of Gujarat and the defendant No. 2 is the Tdar Nagar Panchayat. The plaintiff's appeal, being the Regular Civil Appeal No. 1 of 1972 in the District Court had corns to be dismissed by the learned Joint Judge there at Himatnagar and hence the original plaintiff has filed the present second appeal.2. The dispute concerns an open land situated within the limits of village Idar in Sabarkantha District. The plaintiff admittedly owns the nearby standing super structure bearing Nagar Panchayat No. 527. The said house is situated in Ward No. 1 in the town of Idar. This house was purchased by the father of the plaintiff in the year 1922 from one Purohit Tejaram. Then in the year 1932 the plaintiff's father had purchased the open land situated on the earth, east and ...
Maneklal Harilal Spg. and Mfg. Co. Ltd. Vs. Union of India (Uoi) and o ...
Court: Gujarat
Decided on: Aug-10-1978
Reported in: (1980)21GLR753
B.J. Divan, C.J.1. Both these special civil applications involve common questions of law and fact and hence we will dispose both of them by this common judgment.2. Both the petitioners in these two matters are what are known as composite mills, that is, they manufacture cotton yarn or polyester yarn from raw materials, cloth from yarn and also process the cloth manufactured by them. The petitioners in each of these matters manufacture cotton textiles and polyester carbonised textiles. Licences have been issued to the two petitioners under Chapter VIII of the Central Excise Rules for manufacturing cotton yarn, cotton fabrics, polyester yarn and polyester fabrics. Each of these licences is a separate licence for cotton yarn and cotton fabrics and polyester yarn and polyester fabrics. In Special Civil Application No. 707 of 1978, in paragraphs 6.1 and 6.2, the process of manufacturing cotton textiles and polyester carbonised textiles respectively have been set out. The process of manufact...
Gomanbhai G. Patel Vs. Valavada Vibhai Sarvajanik Kelavani Mandal and ...
Court: Gujarat
Decided on: Aug-08-1978
Reported in: (1979)1GLR477
M.P. Thakkar, J.1. An amazing proposition canvassed by the Management of a secondary school has found favour with the Tribunal constituted under the Gujarat Secondary Education Act, 1972, namely, that notwithstanding the protective armour of Section 36 of the Act a teacher can yet be dismissed without holding any enquiry upon the mere levelling of some accusations against him. The teacher concerned who has been dismissed by respondent No. 1 institution upon his application being rejected and upon the order of dismissal passed against him being confirmed by the Tribunal, has approached this Court by way of the present petition under Article 227 of the Constitution of India.2. The following facts are not in. dispute:1. The petitioner was appointed as an Assistant Teacher by respondent No. 1 institution with effect from June 10, 1969 and he became permanent by virtue of the lapse of two years after his appointment.2. A show cause notice as per Annexure 'A' was issued by the President of t...
United India Fire and General Insurance Co. Ltd. Vs. Minaxiben Harishc ...
Court: Gujarat
Decided on: Aug-07-1978
Reported in: AIR1979Guj108; (1979)0GLR158
S.H. Sheth, J. 1. United India Fire and General Insurance Company Limited has filed this appeal against the award made by the Motor Accident Claims Tribunal No. I-A, Ahmedabad, in Motor Accidents Claims Application No. 15 of 1976. The insured has been held by the Tribunal liable to pay a sum of Rs. 1,23,000/- as compensation to the claimants and has saddled the Insurance Company with that liability.2. The only contention which has been raised on behalf of the Insurance Company by Mr. Kurien is that even though the Insurance Company had insured the vehicle in question for a sum of Rs. 3 lakhs, it cannot be made liable to pay the amount of the award beyond its statutory liability, that is to say, Rupees. 50,000/- under S. 95 of the Motor Vehicles Act, 1939. We are not impressed by this argument raised by Mr. Kurien. It is not open to the Insurance Company to insure a vehicle for less than the statutory limit. It is always open to the Insurance Company to insure it for a higher amount. If...
Bhatt Chimanlal Ratanji and anr. Vs. Patel Nanu Ladhu and anr.
Court: Gujarat
Decided on: Aug-07-1978
Reported in: (1979)1GLR143
N.H. Bhatt, J.1. These five appeals are being disposed of by this common judgment. The details of these appeals are set out below in the tabular form:High Court District Civil Name of Land S.N. AreaAppeal No. Court Suit purchaser Appeal No.No. 1 2 3 4 5233/71 34/69 184/67 Patel Nanu Out of 532 A.G. Ladhu 7.00 out of 448/1 A.G.0.30 Devpara.234/71 33/69 183/67 Patel Dhiru Out of 532 A.G.Ladhubhai 7.18 Devpara. 235/71 31/69 181/67 Patel Popat 6421 A.G. 4.26 Hira & Patel Pansina.Parshottam Daya 236/71 30/69 183/67 Patel Narshi 372 A.G. 10.27 Ladhu Devpara. 237/71 32/69 182/67 Dalwadi Narsi 410/2 A.G. 2.17Rughnath Pansina.2. The Deputy Chanty Commissioner, Rajkot had held enquiry under Section 19 of the Bombay Public Trusts Act, 1950. The question involved was whether the suit properties mentioned in Col. No. 5 above in the table were trust properties or whether they were the personal properties of the respondent No. 2 in all these appeals, Bhatt Bhalchandra Ratanji, who happens to be the b...
Kalindi Investment (Pvt.) Ltd. Vs. Commissioner of Income-tax, Gujarat ...
Court: Gujarat
Decided on: Aug-03-1978
Reported in: [1979]118ITR973(Guj)
Divan, C.J. 1. Mr. R. P. Bhatt, who appears for the respondents, waives service, Mr. Bhatt further says that, in view of the facts in this case, the matter may be decided on the statements made in the petition. It is clear that the first respondent, Commissioner of Income-tax, purported to exercise his power under s. 273A of the I.T. Act. The only question that was before him was to consider whether the conditions of clause (c) of s. 273A(1) were satisfied or not. We are not concerned in this case with waiver or reduction or any other clause except clause (8) of s. 139. Section 273A(1)(iii) gives power to the Commissioner, notwithstanding anything contained in the Act, whether on his own motion or otherwise, to reduce or waive the amount of interest paid or payable under sub-s. (8) of s. 139, and under clause (c), in cases referred to in clause (iii), the Commissioner has to be satisfied that such person has, prior to the issue of a notice to him under sub-s. (2) of s. 139, or where no...
Vanitaben Bhaisbankar Pandya Vs. Divaliben Premji and ors.
Court: Gujarat
Decided on: Aug-03-1978
Reported in: AIR1979Guj116; (1979)0GLR148
M.K. Shah, J.1. This first appeal and the cross-objections filed therein arise out of the judgment and decree of the learned Civil judge (Senior Division), Rajkot in Special Civil Suit No, 65 of 1971. The appellant is the original plaintiff and she is a married daughter of deceased Bhaishankar Odhavji Pandya who died intestate on 4tb Oct., 1969 at Rajkot, The respondents are the original defendants. Defendant No. 1 is the widow of the deceased. Defendants Nos. 2 and 3 are his sons and defendants Nos. 4. 5 and 6 are his daughters.The plaintiff filed the suit for partition of the properties mentioned in Schedules A and B attached to the plaint, The property mentioned in Schedule 'A' is a house called Pandit Niwas situated in the area called Prahlad Plot at Rajkot valued at Rs. 40,000/- by the plaintiff. The property mentioned in Schedule 'B' consists of cash amounts alleged to have been deposited in two Banks at Rajkot and certain amount alleged to be in the postal savings bank account a...
Bharatbhai Kasturchand Shah and anr. Vs. Mafatbhai Bababhai Makwana an ...
Court: Gujarat
Decided on: Aug-02-1978
Reported in: (1979)0GLR517
B.K. Mehta, J.1. Respondents Nos. 1 and 2 herein are the parents of the unfortunate victim, Ramesh, a boy of 12 years in age, who succumbed to the injuries which he received in the course of the an accident which occurred on April 7, 1972, at the junction of four known as 'Asodar Chokdi' on Vasad-Borsad road, when appellant No. 1, who happened to be the driver (partner) of appellant No. 2-firm, while coming in a car bearing registration No. GJM 7156 from Vasad side, knocked down Ramesh with the result that he was thrown award to a distance of about 15 feet due to the impact. The car could stop only after going about 80 to 90 feet. The victim of the accident was rushed to Borsad Municipal General Hospital where he died of the injuries sustained by him. Respondents Nos. 1 and 2, therefore, filed claim petition being Motor Accident Claim petition No. 47 of 1973 before the Motor Accidents Claims Tribunal, Kaira, at Nadiad, claiming compensation for the fatal accident in the sum of Rs. 9,90...
Palitana Nagarpalika Vs. Arisa Bhuwan JaIn Dharmashala
Court: Gujarat
Decided on: Aug-02-1978
Reported in: AIR1979Guj140; (1979)GLR24
This bunch of second appeals arises from the following civil appeals decided by the learned Assistant Judge of Bhavnagar, which appeals in the Bhavnagar District Court in their turn had arisen respectively from the civil suits decided by the learned Civil Judge (J. D.) Palitana as mentioned below:-S. A No. District Court Appeal Civil Suit259/74 142/72 78/69260/74 158/72 78/69 261/74 143/72 91/69 262/74 160/72 91/69 263/74 144/72 92/69264/74 161/72 92/69 265/74 145/72 93/69 266/74 159/72 93/69 2. All these appeals, however, are being disposed of by this common judgment firstly because the questions of law involved are common and secondly because the learned counsel appearing for the contending parties are agreeable on this common treatment.3. The appellant in all these appeals is the Palitana Nagarpalika, a municipality deemed to be constituted under the Gujarat Municipalities Act, 1963, hereinafter referred to as the Municipal Act, 19,63 for brevity's sake. This municipality is the ori...
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