Gujarat Court March 1979 Judgments
State of Gujarat and ors. Vs. the Ghanshyam Salt Works
Court: Gujarat
Decided on: Mar-26-1979
Reported in: AIR1979Guj215; (1980)0GLR263
1. In Special Civil Suit No. 6 of 1974 filed by the respondent-plaintiff against the appellant State of Gujarat challenging an order for recovery of an amount of Rs. 19,686 passed by the Collector, an ex parte injunction was obtained by the plaintiff from the Court restraining the defendant and its servants from making recovery pursuant to that order. The ex parte injunction along with a notice to show cause why it should not be made absolute was granted with the result that the learned District Government Pleader appeared in the said suit on 16-2-1974 and made an application Exh. 14 for grant of time for filing objections against the application for temporary injunction. The time was granted till 28-2-1974 on which date he further applied for time. One more application for time was made on 15-31974; and thereafter on 31-7-1974 the learned District Government Pleader made application Exh. 26 stating that the agreement dated 16-6-1965 between the parties contained an arbitration clause ...
Tag this Judgment!Deepak Dwarkadas Patel and anr. Vs. State of Gujarat
Court: Gujarat
Decided on: Mar-23-1979
Reported in: 1980CriLJ29; (1980)GLR135
ORDERN.H. Bhatt, J.1. This petition raises an interesting and important question regarding the interpretation of Clause (8) of Section 173 of the Cr. P. C., 1973.2. A few facts require to be stated:On 12-9-1977, one Mr. p. J. Sheth, one of the engineers of the Gujarat Electricity Board lodged a first information report with Sabarmati Police Station alleging offences under Sections 417, 420, 165, 468, 471, 201 and 114 of the I.P.C. The allegation was that some capacitors rejected initially were sold to the Board because they were accompanied by the certificates of fitness which were ultimately found to be forged, In the F. I. R. these petitioners, the proprietors of one concern were said to be the persons responsible for that forgery for the purpose of cheating the Gujarat Electricity Board. The P. S. I. Mr. Gadhavi attached to the Sabarmati Police Station conducted the investigation and submitted the charge-sheet under Section 173 of the Cr. P. C. Mr. Gadhavi, however, mentioned these ...
Tag this Judgment!State of Gujarat Vs. Kantilal Chimanlal
Court: Gujarat
Decided on: Mar-20-1979
Reported in: (1980)21GLR563
N.H. Bhatt, J.1. This is an appeal by the State of Gujarat challenging the acquittal of the respondent-accused, who was prosecuted in the Criminal case No. 169/75 in the Court of the Metropolitan Magistrate, 6th Court, Ahmedabad for an offence under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act. The learned Magistrate had acquitted the accused only on the ground that the firm of which he was the partner was not (sic) and, therefore, his individual conviction could not stand. The learned Magistrate because of that view of his, did not examine the other aspects of the case. The said complaint had come to be filed in the Court of the said Magistrate by one Mr. R.P. Patel, the Food Inspector attached to the Ahmedabad Municipal Corporation.2. A few facts require to be stated:On 9-7-75, the aforesaid Food Inspector had gone to the shop of the accused, where the business in ground-nut-oil was conducted under the name and style of M/s Manilal Joitaram, a partnership firm, of w...
Tag this Judgment!Orient Club Vs. Wealth-tax Officer, Circle Iv, Ward-k, Ahmedabad
Court: Gujarat
Decided on: Mar-19-1979
Reported in: [1980]123ITR395(Guj)
B.J. Divan, C.J. 1. The petitioner is the Orient Club, an unregistered association of persons, thorough its honorary secretary, and in this petition the petitioner club has challenged the notice dated January 5, 1979, issued by the respondent herein, the WTO, Circle IV, Ward-K, Ahmedabad, under s. 14(2) of the W.T. Act for the assessment year 1978-79. The petitioner prays that this notice of January 5, 1979, should be quashed and set aside and the respondent should be permanently restrained from taking any proceedings or making any assessment against the petitioner in pursuance of the said notice. 2. It is the case of the petitioner that it is a members' club which has been running in Ahmedabad since 1935. The primary objects of the petitioner-club are to organise, promote, encourage and provide all facilities and convenience for various sports for the use of the members and for such purpose to have a club house and to afford various facilities to its members. The petitioner is not reg...
Tag this Judgment!C. Parikh and Co. Vs. Commissioner of Income-tax, Baroda
Court: Gujarat
Decided on: Mar-19-1979
Reported in: (1980)15CTR(Guj)64; [1980]122ITR610(Guj)
R.C. Mankad, J.1. The petitioner in this petition challenges the validity of the order dated January 18, 1979, passed by the Commissioner of Income-tax, Baroda, holding to the effect that the mistake in respect of the purchases to the tune of Rs. 20,000 could not be the subject-matter of revision petition under s. 264 of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), and prays for a writ of certiorari or a writ in the nature of certiorari, or any other appropriate writ, direction and/or order under art. 226 of the Constitution of India quashing and setting aside the said order to the extent it is prejudicial to the petitioner, and directing the Commissioner to revise the order of the ITO by reducing the assessed income by Rs. 20,000 or, in the alternative, asking him to quash the order of the ITO and remanding the matter to the ITO to pass a fresh order after considering all the relevant facts in the case. 2. The petitioner is a firm and it is assessed to income-tax f...
Tag this Judgment!Husseinbhai Ibrahimbhai Malek Vs. P.V. Bhatt and ors.
Court: Gujarat
Decided on: Mar-08-1979
Reported in: AIR1980Guj6; (1979)2GLR38
1. This is a petition by a member of the Vyara Agricultural Produce Market Committee, challenging the voters' lists prepared for the election of the Committee to be held on 16-4-1976.2. Initially there was one common Market Committee for talukas, Songadh and Vyara, but the Government took a decision to establish two separate committees for these two different areas of Songadh and Vyara talukas and this decision was made operative from 22-1-1974. On this decision being implemented, the earlier Market Committee, which was for the composite market area of two talukas, stood dissolved and the first Market Committee for Vyara taluka came to be appointed by the Government by nominating members. The petitioner was one of such nominees of the Government and in that capacity he was the member of the Market Committee.3. As said above, the first election to elect the members of the Market Committee was to take place on 16-4-76 and one of the preliminaries required to be undergone for the purpose ...
Tag this Judgment!Nathubhai Gandabhai Vs. Bhagubhai Ichubhai
Court: Gujarat
Decided on: Mar-07-1979
Reported in: (1980)21GLR366
N.H. Bhatt, J.1. This is a petition by a citizen challenging the order of the Gujarat Revenue Tribunal in the Revision Application No. TEN B.S. 113/74 decided on 29-1-76, which is Annexure C to the petition. The Tribunal confirmed the order of the Deputy Collector, in an appeal under Section 74 of the Bombay Tenancy and Agricultural Lands Act, 1948, hereinafter referred to as the 'Act'. The Deputy Collector's order is at Annexure B to the petition. The Deputy Collector in his turn reversed the judgment of the Mamlatdar, Mahuwa in Surat District in the tenancy case No. 5 of 1973 on his file.2. A few facts need to be stated. There are two agricultural pieces of land S. No. 1573 and 1586/part situated in the sim of village Karchalia, Tal. Mahuva in Surat District. The present petitioner in the High Court had mortgaged these two fields with the Punamchand Talkaji by way of usufructory mortgage in the year 1940. Said Punamchand had inducted one Ichubhai Bhimbbai, the father of the present r...
Tag this Judgment!Mrs. Tarabai Lalji Vs. Collector and ors.
Court: Gujarat
Decided on: Mar-07-1979
Reported in: (1980)21GLR15
B.K. Mehta, J.1. In this group of Civil Applications, the petitioner-Mrs. Tarabai Lalji, who was plaintiff in Civil Suit No. 25 of 1968 on the file of the Court of Civil Judge (S.D.) Jamnagar, being suit under Section 20 of the Arbitration Act, 1940 (hereinafter referred to as 'the plaintiff for the sake of convenience) challenges the award of April 22,1975 made by the Arbitrator Shri N.M. Miabhoy, retired Chief Justice of this Court, in the matter of damages pertaining to lease of certain lands admeasuring acres 2872-16 gunthas situate at village Jodiya in Jamnagar district, granted by the Government of the State of Gujarat to the plaintiff for manufacture of salt, on the grounds, inter alia, that the award being a nullity, and prays for setting aside the said award and for certain consequential reliefs as a result thereof.2. The State of Gujarat, which was defendant in the suit (hereinafter referred to as 'the State Government' for the sake of convenience) on the other hand, prays fo...
Tag this Judgment!Dahiben Jivanbhai Vs. Jivanbhai Govindbhai Barot and anr.
Court: Gujarat
Decided on: Mar-06-1979
Reported in: 1980CriLJ281; (1979)2GLR7
ORDERM.K. Shah, J.1. This Special Criminal Application is directed against the order passed by the learned Additional City Sessions Judge in Criminal Revision Application No. 214/77 dismissing the petitioner-wife's Revision Application filed against the order passed by the learned Metropolitan Magistrate, 11th Court, Ahmedabad in maintenance proceedings in Criminal Miscellaneous Application No. 95/W which the wife had filed against the first respondent-husband for maintenance for herself and the two minor children born out of the wed-lock. The learned Magistrate, though he granted maintenance at the rate of Rs. 50/- for each of the minor children, dismissed the wife's application for maintenance.2 to 4. x x x x x x5. Mr. M. V, Patel, learned Advocate appearing for the petitioner-wife, has brought to my notice a very startling feature of the case. As pointed out by Mr. Patel, the wife's case was that the husband was living with the said wife Paluben, but she could not produce any indepe...
Tag this Judgment!K.M. Thaker Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Mar-02-1979
Reported in: (1979)2GLR66
N.H. Bhatt, J.1. This is a petition by a Police Sub-Inspector of Police in the Gujarat State service, challenging the third round of departmental proceedings against him on the same charge.2. A few facts badly necessary for the purpose of comprehending the controversy are essential to be stated. The petitioner was promoted as a Sub Inspector of Police as back as on 4-9-60 and has been working as such since then. In the year 1969, he was a P.S.I. posted at Detroj Police Station in Ahmedabad (Rural) District. One Vithalbhai who was attached to veterinary dispensary at Katosan Road is said to have gone to the P.S.I. on 18-7-69 for lodging a complaint of theft and other offences. The say of the department is that the P.S.I. had not recorded his complaint, which was under Sections 393, 405, 323 and 114 of the Penal Code, and had misdireted the whole inquiry as if Vithalbhais's complaint was only for prevention of peace. Said Vithalbhai, however, moved certain leaders, who in their turn appr...
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