Gujarat Court April 1979 Judgments
Khodabhai Bhagwanbhai and ors. Vs. Hirji Tapu and anr.
Court: Gujarat
Decided on: Apr-26-1979
Reported in: 1980ACJ237; AIR1980Guj25; (1980)0GLR187
Majmudar, J.1. This appeal is filed under S. 110-D) of the Motor Vehicles Act by the original applicants in Motor Accident Claim Case No. 27 of 1970 filed before the Motor Accident Claims Tribunal, Bhavnagar. Their Claim Petition having been dismissed by the Claims Tribunal they have approached this Court by way of the present appeal. The appellants, original applicants, preferred the aforesaid Claim Petition on account of the fatal accident caused to one Bai Ratan, who was the wife of original applicant No. I and mother of applicants Nos. 2 to 9, that she died on account of an accident caused to her when she was traveling on foot on Talaja Palitana Road on 8-7-70.2. The case of the original applicants is that at the relevant time deceased Bai Ratan was going on foot on the Talaja Palitana Public Road, proceeding from Palitana to her village Mota pipaliya. She was walking an the extreme left side of the road. When she arrived near a Nala on the road known as 'Unda Nahere', an S. T. Bus...
Tag this Judgment!Bhabhutmal Rikhbaji Sharma and anr. Vs. Manubhai Madhavji Patel and or ...
Court: Gujarat
Decided on: Apr-24-1979
Reported in: (1980)21GLR242
B.K. Mehta, J.1. Broadly three substantial questions of law of general importance arise in these two civil revision applications - one at the instance of the original defendant-tenant against decree of eviction and another at the instance of the original plaintiffs-landlord against the fixation of standard rent-referred to us by P.D. Desai J. The questions as formulated by us are as under:(1)Whether the restrictive covenants of the contractual tenancy would continue to operate to the prejudice of the tenant on determination of the contractual tenancy,?(2) Whether breach of conditions of tenancy prohibiting the change of the purpose of the user of the premises, even partly, would expose the tenant to a decree of eviction de hors Section 13 of the Bombay Rent Hotel and Lodging House Rates Control Act, 1947 (hereinafter known as 'the Rent Act')?(3) Whether the conviction of a person residing with a tenant of business premises, for the use of the premises for illegal purposes would expose ...
Tag this Judgment!Sumitraben Ratilal Shah and ors. Vs. Meghraj Trikamdas and Co.
Court: Gujarat
Decided on: Apr-17-1979
Reported in: (1979)1GLR856
D.P. Desai, J.1. One of the questions and which is the main question which arises in this revisional application is what is the period of limitation for an application in revision under Section 29(3) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (the Act). For this purpose only a few facts may be stated. The petitioner is the landlord and opposite party is the tenant. The tenant filed an application for fixation of standard rent of the suit premises. That application was dismissed for default on July 17, 1971. It appears that on the same day it was restored. However, the case of the landlord is that he was not aware of this restoration because it was restored at his back and without intimation to him or his advocate. That restored application for fixation of standard rent proceeded to hearing in the absence of the present petitioner i.e. the landlord; and on November 6, 1971, the trial Court fixed the standard rent in respect to the two suit premises, at a lower ...
Tag this Judgment!State of Gujarat Vs. Subamiya Dosmohmed and anr.
Court: Gujarat
Decided on: Apr-12-1979
Reported in: (1980)21GLR587
A.N. Surti, J.1. In the life of Gujarat, particularly in North Gujarat, a heinous offence was committed on August 27, 28, 1977 (which attracted considerable attention of the press and public as can be seen from the record of the case), Werein a young innocent boy, untainted with worldly designs, and deliberately selected as incapable of giving any mental or physical resistance to the offenders, was kidnapped, and mercilessly done to death, the initial motive for the commission of the crime being, that as accused No. 2 had no son was craving for the human flesh of his son and he was anxious to get a son, and he could only get a son, if he offered 'The tuft of hair of a young boy to Kalkamata...a deity' as advised by one Bava (or a so-called Sadhu or a Saint). But at this very stage, we may hasten to add that in course of the hearing of the appeal, we, times out of number, did administer to ourselves the necessary warning bell or the required caution to see, that the heinous nature of th...
Tag this Judgment!Alembic Glass Industries Limited Vs. Union of India and anr.
Court: Gujarat
Decided on: Apr-09-1979
Reported in: 1979CENCUS477D; (1980)0GLR524
1. Alembic Glass Industries Limited is the petitioner. The petitioner ismanufacturing glass and glassware which fall under Tariff Item No. 23A inthe First Schedule to the Central Exicses and Salt Act. 1944. Thepetitioner has got a factory at Baroda in the State of Gujarat. Theglass and glassware produced by the petitioner company are purchased bywholesale buyers. Anyone can buy the petitioner-company's products inwholesale. Amongst the buyers the excisable goods produced by thepetitioner-Company are manufacturers of medicines, produccers ofchemicals and milk Dairies. It is the case of the petitioner- Companythat it is not necessary that glass and glassware manufacturing by itshould be sold in packed condition. According to them they can be soldin naked condition. The petitioners next contend that in some casestheir buyers supply the packing material and sometimes they purchased thepacking material from the market, pack the goods in it and sell them totheir wholesale buyers. The petitio...
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