Gujarat Court April 1980 Judgments
Rajgor Revashanker Kunverji Vs. Rajor Jashubai Wd/O. Rajgor Virji Bhav ...
Court: Gujarat
Decided on: Apr-30-1980
Reported in: (1980)2GLR322
S.B. Majmudar, J.1. This second appeal challenges a preliminary decree for redemption as passed by the learned Civil Judge J.D. Bhuj in favour of the respondents-plaintiffs and as confirmed by the learned District Judge, Kutch at Bhuj, in appeal No. 139 of 1973.2. The controversy between the parties lies in a very narrow compass and that is, as to whether the respondent plaintiffs are entitled to full redemption of the suit mortgage or whether the decree for redemption has to be confined only to the alleged limited share of the original plaintiff Rajgor Bhavanji Vishanji in the equity of redemption and whether the defendant-appellant is entitled to take as full owner alleged 1/2 share in the suit property on account of his having purchased the alleged right of one Bai Jashubai in the suit property.3. The facts leading to the present litigation may now be stated in brief.4. On Rajgor Bhavanji Vishanji had acquired the suit immovable property which is situated in Juna Hathikhana in Bhuj-...
Tag this Judgment!Maniar Narottamdas Dharamshi Vs. Barjatya Traders
Court: Gujarat
Decided on: Apr-28-1980
Reported in: (1980)2GLR89
S.B. Majmudar, J.1. This Second Appeal is filed by the original whose suit for recovery of Rs. 6366.65 P. from the respondent was decreed by the trial Court but on appeal to the District Court, Rajkot came to be dismissed.2. A few facts leading to this second appeal are required to be stated. The appellant-plaintiff is a partnership firm carrying on business at Rajkot. The respondent-defendant is also a partnership firm carrying on its business at Hathras, U.P. The case of the plaintiff is that the defendant firm made an offer to purchase a Saurashtra line bilti of one wagon containing tins of groundnut oil. The plaintiff accepted the said offer at Rajkot and accordingly the plaintiff got prepared a railway receipt No. 63696 Invoice No. 2 dated 19-7-64 from Visavadar to Hathras for 528 tins of groundnut oil. The plaintiff's case is that it was agreed with the defendant that a Hundi for Rs. 21811.5OP. being the price of the goods aforesaid along with the railway receipt was despatched t...
Tag this Judgment!Nanalal Navalnathji Yogi Vs. Collector of Bulsar and ors.
Court: Gujarat
Decided on: Apr-25-1980
Reported in: AIR1981Guj87; (1980)2GLR333
S.L. Talati, J.1. The Petitioner is the owner of a Motor-truck bearing registration No. GTD. 5657. The firm of Chandrakant Champaklal approached the petitioner as that firm had a desire to transport 93 bags of rice and, therefore, ultimately on 29-4-1975 the truck left Ahmedabad with 93 bags of rice. The case of the petitioner is that these rice bags were to be delivered to one Sahebchand Surajmal at Vapi. Such a transport from Ahmedabad to Vapi was legal according to the petitioner. The Petitioner had not accompanied the truck but the driver of the petitioner drove the trucks and driver did not take turn towards Vapi. The truck was intercepted near Nandigam which is a small village and it is within five miles of the border of Maharashtra. It was suspected that the rice bags were being carried across the said border and thus it was suspected that 93 bags of rice were being exported without the Permit from Gujarat to the State of Maharashtra. The driver was questioned but he could not p...
Tag this Judgment!Patel Shambubhai Motidas and ors. Vs. Khodabhai Shivdas and ors.
Court: Gujarat
Decided on: Apr-25-1980
Reported in: AIR1981Guj80; (1980)2GLR63
ORDER1. The applicants herein were the opponents in B. A. D. R. Darkhast No. 5/70 which was filed in the Civil Court (J. D.) at Kalol. For the reasons stated in his order dated 30th April, 1976, the learned Civil Judge held, inter alia, that the execution application was time-barred and consequent1y he dismissed the same application for execution.2. Being aggrieved by that order, the original judgment-debtor, who was the applicant in Darkhast No. 5/70, filed Reg. Civil Appeal No. 103/76 in the Court of the learned Assistant Judge at Mehsana. The learned Assistant Judge, by his order dated 16-12-1977 allowed the appeal of the original judgment-debtor and set aside the order of the learned Civil Judge (J.D.) by which he had dismissed the Execution Application and the learned Assistant Judge directed the learned Civil Judge (J.D.) to proceed with the execution proceedings.3. Being aggrieved by that order of the learned Assistant Judge, the original judgment creditor who was opponent in Da...
Tag this Judgment!Pandit Gangaram Raghunandan Bhaiya Vs. Patel Motibhai Ramdas
Court: Gujarat
Decided on: Apr-25-1980
Reported in: (1981)22GLR254
A.N. Surti, J.1. The present appeal is directed by the original defendant--the tenant, who was aggrieved by the impugned judgment and degree passed by the learned Extra Assistant Judge of Kaira at Nadiad, in Civil Appeal No. 143 of 1974, whereby the lower appellate Court dismissed the appeal filed by the original defendant and allowed the cross-objections filed by the respondent-plaintiff by decreeing that along with the possession of the suit premises, the respondent-plaintiff should recover the amount of R.375 instead of R.250/- decreed by the trial Court. The decree of the trial Court was modified to the said extent by the lower appellate Court. It may be stated at this stage that the learned Civil Judge, (J.D.)- First Court, Nadiad did accept the plaintiff's suit, and directed the plaintiff to recover vacant and peaceful possession of the suit-house, Adala and chowk. Suffice it to say that as there was an eviction decree against the defendant, and hence, the defendant has filed the...
Tag this Judgment!BomIn Private Limited Vs. Union of India and ors.
Court: Gujarat
Decided on: Apr-24-1980
Reported in: 1981(8)ELT18(Guj); (1980)2GLR121
S.H. Sheth, J.1. The petitioner has been manufacturing mono-block pumping sets which are used for drawing water from the wells. Electric motor is a component part of a mono-block pumping set which the petitioner has been manufacturing. The petitioner has been manufacturing electric motors as well which are fitted to his pump sets. It is not in dispute before us that electric motors are excisable goods under Tariff Item 30 in the 1st Schedule to the Central Excises and Salt Act, 1944. Pump sets are excisable under Tariff Item 30-A. It is the case of the petitioner that in case where excise duty is payable on these two items separately he pays it. 2. On September 29, 1976 the Assistant Collector of Central Excise issued notice to the petitioner calling upon him to pay excise duty which was shortly levied during the period commencing from March 1, 1975 and ending on April 3, 1975. The petitioner replied to that notice. The Assistant Collector of Central Excise thereafter made an order by ...
Tag this Judgment!Modern BobbIn Co. Private Ltd. and ors. Vs. the Billimora Municipality ...
Court: Gujarat
Decided on: Apr-24-1980
Reported in: AIR1981Guj75; (1981)GLR642
S.H. Sheth, J.1. The petitioners Nos. 2 to 5 are the owners of Survey No. 425 (Part) and Survey No. 430 (Part) of Billimora in Bulsar District. Petitioner No. 1 is the lessee in respect of those lands. It is the petitioners' case that on 20th December 1966 permission to use these lands for nonagricultural use was granted to them by the Collector.2. For the financial years 1975-76 and 1976-77 assessment lists were prepared by Billimora Municipality for imposing house tax on lands and buildings situated within the municipal limits. Those lists were prepared under the House Tax Rules which have been continuing in force since 22nd January 1956 when they were made under the provisions of the Bombay District Municipal Act, 1901 - the fore-runner of the Gujarat Municipalities Act, 1963. In terms of those rules, assessment lists were prepared and the Municipality preferred bills for house-tax. Those bills are challenged by the petitioners in this petition on the grounds with which we are now d...
Tag this Judgment!Gaskets and Radiators Private Limited Vs. the Union of India (Uoi) Thr ...
Court: Gujarat
Decided on: Apr-24-1980
Reported in: 1980CENCUS445D
ORDERPlaintiff do recover Rs. 60,000/- alongwith interest thereon at the rate of 6% p.a. from the date of the suit till realisation from the properties of defendant No. 1 The Union of India, defendant No. 1. to pay cost of the plaintiff and do bear its own.Decree be drawn accordingly.Pronounced to-day in open Court this 24 day of April, 1980....
Tag this Judgment!Dr. D.N. Chatterji Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Apr-23-1980
Reported in: (1980)2GLR108
B.K. Mehta, J.1. A short question which arises in this petition is, can a Government servant be refused to be promoted solely on the ground that a preliminary inquiry is pending against him? The question arises in the following circumstances:2. The petitioner joined the Medical Department of the erstwhile State of Bombay on September 5, 1959 as B.C.G. Medical Officer and pursuant to the bifurcation of the State of Bombay, he was allotted to the State of Gujarat and absorbed on the said post. He was selected for the post of Medical Officer in Gujarat Public Service Commission Class II in June, 1964. This post was upgraded to Class I post. The petitioner claims that he was allowed to cross efficiency Bar and the grading about his performance was consistently good. He also claimed that no adverse remarks have been made till October, 1979 when the Reviewing Authority remarked that the petitioner was not sound in administrative procedure, though it is claimed by the petitioner that this rem...
Tag this Judgment!Smt. R.A. Pathan Vs. Director of Technical Education and ors.
Court: Gujarat
Decided on: Apr-23-1980
Reported in: (1981)22GLR289
S.H. Sheth, J.1. The petitioner was appointed as a Junior Clerk on 2nd December 1961 in the office of the Director of Technical Education. In 1962 she passed the department examination. She was selected by the Head of the Department and was recruited through Employment Exchange. On 15th June 1962, she was transferred to L.D. Engineering College which has been functioning under the Directorate of Technical Education. She worked there as a Typist. On 21st January 1963, Centralized Recruitment Scheme was made applicable to all the Directorates which included the L.D. Engineering College. It was in fact made applicable to ministerial staff in non-Secretriat services. In 1964 she was transferred from L.D. Engineering College to the Directorate of Technical Education. On 1st September 1970, the Government passed a Resolution by which her services were regularized with effect from 17th April 1970.2. In 1973, she converted herself into a Muslim and married one Mr. Pathan. So far as the petitio...
Tag this Judgment!- ‹ Prev
- 2
- 3
- 4
- Next ›
- Last »