Gujarat Court January 1979 Judgments
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Rabari Mahadev Amra Vs. Prant Officer, Radhanpur
Court: Gujarat
Decided on: Jan-15-1979
Reported in: AIR1979Guj192; (1979)0GLR769
1. A poor and ignorant agriculturist, who received the amount of compensation fixed under the award of 28th March, 1968, is sought to be denied due compensation in respect of his land acquired by the State Government on the hyper technical ground that the protest under he second proviso to Section 31(2) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') was not made in writing before he accepted the said amount. Section 31(1) provides that on making an award under Section 11, the Collector shall tender payment of the compensation awarded by him to the persons interested, entitled thereto according to the award, and shall pay it to them unless prevented by some one or more of the contingencies, mentioned in the next sub-section. Sub-section (2) next provides that if the persons interested do not consent to receive the amount of compensation awarded to them or if there be no person competent to alienate the land, or if there be any dispute as to the title to receive...
Swaroopchand Bhaichand Zota Vs. the State of Gujarat
Court: Gujarat
Decided on: Jan-15-1979
Reported in: 1980CriLJ151
ORDERM.K. Shah, J.1. This Misc. Criminal Application is preferred by a person who was cited as a witness in a criminal case but who was later dropped and against whom some observations are made by the learned Assistant Sessions Judge, Kutch-Bhuj in Sessions Case No. 34/77, wherein eight accused persons who stood their trial for the offences under Sections 307, 504, 506, 447 read with Sections 143, 147, 148 and 149 of the I. P. C. were acquitted of the said offences.2. Aggrieved by the remarks made in the judgment against him, the petitioner-witness has preferred this Criminal Misc. Application under Section 482 of the Cr. P. C. (the Code) for expunging the said remarks.3. The remarks appear at page 12 para 19 of the judgment and they are in the following terms:(The remarks in Gujarati omitted for want of facilities for printing Gujarati. -Ed.).As submitted by Mr. S.M. Shah, the learned Advocate appearing for the petitioner, the learned Judge has recorded a positive finding against the ...
Kalidas Vanmalibhai Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Jan-15-1979
Reported in: (1980)21GLR7
M.P. Thakkar, J.1. The claim of a convict sentenced to suffer a term of imprisonment for life for setting off the period of his pre-conviction detention during investigation, enquiry and trial having been repelled by the learned Sessions Judge on taking an amazing and unprecedented view that sentence of imprisonment for life is not a sentence for a term of imprisonment within the meaning of Section 428 of the Code of Criminal Procedure of 1973, the convict has sought redress in this Court.2. The relevant provision, Section 428, which provides for set off in respect of the period of pre-conviction detention undergone by the convict as an under-trial prisoner reads thus:428 Where an accused person has, on conviction, been sentenced to imprisonment for a term, the period of detention, if any, undergone by him during the investigation, enquiry or trial of the same case and before the date of such conviction, shall be set off against the term of imprisonment imposed on him on such convictio...
State of Gujarat Vs. Hasmukhlal Ambalal Jariwala
Court: Gujarat
Decided on: Jan-12-1979
Reported in: 1979CENCUS514D
Mankad, J. 1. This appeal by the State of Gujarat is directed against the judgment and order dated September 29, 1977, passed by the learned Additional Chief Judicial Magistrate, Bulsar, acquitting the accused Nos. 4 & 5 who are respondents before us. 2. The case of the prosecution is as follows. On May 5, 1970, the Mobile Squad of Customs Department intercepted a pick-up van bearing No. MRD 9101 on the National Highway No. 8 when it was near Chikhli-Billimora-Bulsar, cross roads. The van was found coming from the direction of Surat and it was driven by Balubhai Maganlal Patel, who was accused No. 1 before the learned Magistrate. Accused No. 2 Peshi alias Purshottam Chhaganbhai was accompanying accused No. 1 in the van. The van was registered in the name of one Manohar Pragji Vasani, who was accused No. 6. On search of the van, the Customs officers found silver ingots and pieces weighing 834.650 kilograms valued at Rs. 434,018 in secret compartments below the floor of the van. The van ...
Kanbi Manji Abji and ors. Vs. Kanbi Velji Manji and ors.
Court: Gujarat
Decided on: Jan-12-1979
Reported in: (1980)21GLR44
A.M. Ahmadi, J.1. In this appeal under Sub-section (4) of Section 72 of the Bombay Public Trusts Act, 1950 (hereinafter referred to as 'the Act') two questions in the main have been, raised on behalf of the appellants by their learned Counsel Mr. I.M. Nanavati, namely, (i) the Charity Commissioner had exercised his discretionary jurisdiction under Section 70A of the Act after a lapse of reasonable time and, hence, the order passed in exercise of his revisional powers was liable to be set aside on the ground of delay and laches; and (ii) the directions initially issued under Section 41A at Ex. 21 merged into the final order passed by the Charity Commissioner under Section 70A and was, therefore, liable to be assailed under Section 72(1) of the Act before the District Court and the learned District Judge, who disposed of the said application, was wrong in holding that notwithstanding the fact that the impugned order formed part of the final order passed under Section 70A it was in effect...
Dinubhai Ishvarlal Patel Vs. K.D. Dixit, Income-tax Officer, Ahmedabad ...
Court: Gujarat
Decided on: Jan-11-1979
Reported in: [1979]118ITR122(Guj)
Divan, C.J.1. The question that arises in this special civil application filed under art. 226 of the Constitution is as to what is the exact connotation of the words 'such individual' occurring in s. 64(1)(ii) of the I.T. Act, 1961. 2. The facts leading to this petition are that the petitioner, who is a citizen of India, is a partner in the partnership firm of Messrs. Rashmikant & Co. which is carrying on business at New Cloth Market, Ahmedabad. He is a partner in his individual capacity in that firm. The firm of Rashmikant & Co. came into existence in S.Y. 2021 and the relevant assessment year for that accounting period is the assessment year 1966-67. Since that time, the firm of Rashmikant & Co. has been doing business in cloth until now. The constitution of the firm was changed in S.Y. 2027 corresponding to assessment year 1972-73. The details of the changes in the constitution of the firm are not material for the purposes of this judgment but no minor child of the petitioner has ev...
A.K. Singh Vs. Bhagwanji Jethalal Kagadada and ors.
Court: Gujarat
Decided on: Jan-10-1979
Reported in: (1979)2GLR14
M.K. Shah, J.1. This Special Criminal Application under Article 227 of the constitution is preferred by the Assistant Collector of Customs, Rajkot praving that the order passed below Exs. 23 and 24 by the learned Judicial Magistrate First Class, Rajkot in Criminal Case No. 624/73 be quashed and set aside.2. A few facts giving rise to the passing of the said orders may be briefly stated as follows:On the 4th February 1971, respondent No. 1 i.e. original acuused No. 1 was accosted near Mochi Bazaar Bus-stand and from his possession were found gold Lagadies foreign marks weighing 3573.440 grams, valued at Rs. 64,000/-. Investigation further revealed that respondent No. 2 i.e. original accused No. 2 was the owner of the gold which was found from accused No. 1 The gold was seized under a panchnama. After further investigation charges were preferred against the two accused for the offences under Section 135 of the Customs Act (the Act) and Section 85 of the Gold Control Act. While the procee...
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