Gujarat Court January 1982 Judgments
Chandravati Fakirchand Zaveri Vs. the State of Gujarat and anr.
Court: Gujarat
Decided on: Jan-28-1982
Reported in: 1982CriLJ1543; (1982)1GLR760
M.P. Thakkar, C.J.1. On the allegation that a shocking racket in black-marketing in cement obtained under false pretexts was being run by Directors of a private limited company known as Mitt & Meer Private Limited, three brothers, two of whom were the Directors of the said company, were detained pursuant to an order dated Oct. 23, 1981 passed by the District Magistrate at Surat in exercise of powers conferred by Sub-section (2) of Section 3 of the Prevention of Blackmarketing And Maintenance of Supplies of Essential Commodities Act, 1980 (the Act). A Supervisor of the said company was also detained in the same connection by an order passed on the same day. One Natwarlal Nanalal Modi, said to be acting as a middle-man, in connection with the aforesaid racket, was also detained under the same provision by the same authority by the order of the same date. The orders of detention passed by the District Magistrate were subsequently approved by the State Government. Their cases came up befor...
Tag this Judgment!Mangaldas Mohanlal Patel and anr. Vs. Union of India and anr.
Court: Gujarat
Decided on: Jan-28-1982
Reported in: 1982ACJ426; AIR1982Guj257; (1982)2GLR166
I.C. Bratt, J.1. This appeal arises out of the Motor Accidents Claims Petition No. 85 of 1976 decided 13V. the Motor Accidents Claims Tribunal No. 1-A, Ahmedabad City. The application was filed u/s. 110A of the Motor Vehicles Act claiming compensation of Rs. 42,000 for the death of one Ashvinkumar Who was killed in a mifftary motor truck accident which took place on 1st April. 1976.2. The facts of the case are that at the time of the accident, Ashvinkurnar came out from Manhar Society and was going on a public road leading to the Civil Hospital. He was on his bicycle and he was riding the cycle on the left side of the road. In the meanwhile, military motor truck bearing No. 73 D 10699 II driven by opponent No. 2 came from behind and knocked Ashvinkumar on the road. It is alleged that the truck was driven at a fast speed and negligently. The left side of the front bumper of the truck is alleged to have dashed against the cycle of Ashvinkumar. After Ashvinkumar fell down on the road, the...
Tag this Judgment!The State of Gujarat Vs. Premier Auto Electricals Ltd.
Court: Gujarat
Decided on: Jan-25-1982
Reported in: (1983)1GLR32; [1982]51STC115(Guj)
Desai, J.1. The Gujarat Sales Tax Tribunal (hereinafter referred to as 'the Tribunal'), has referred the following question of law for the opinion of this Court under section 61(1) of the Bombay Sales Tax Act, 1959 (hereinafter referred to as 'the Act') : 'Whether, on the facts and in the circumstances of this case, the Tribunal was right in law in holding that under rule 43(1)(a)(i) of the Bombay Sales Tax Rules, 1959, the opponent was entitled to claim set-off of the whole amount of tax which the selling dealers had actually recovered from it and not merely the amount of tax which was legally recoverable by them on the relevant sales of scrap batteries ?' After the hearing of the reference commenced but before it concluded, Mr. A. J. Patel, the learned Assistant Government Pleader appearing on behalf of the applicant-State, stated to the court that the applicant does not wish to prosecute the reference and that, under the circumstances, the question need not be answered. Ordinarily, ...
Tag this Judgment!The Gujarat State Financial Corporation, Ahmedabad Vs. Lotus Hotels Pv ...
Court: Gujarat
Decided on: Jan-25-1982
Reported in: AIR1982Guj198; (1982)2GLR49
A.M. Ahmadi, J. 1. This appeal, under Clause 15 of the Letters patent is directed against the judgment and order of N. H. Bhatt, J., in Special Civil Application No. 1399 of 1979 whereby he directed the appellant-Corporation to 'disburse to the respondent (original petitioner) the loan amounts forthwith in accordance with the letter of offer dated 24-7-1978 followed by the agreement dated 1-2-1979.' The appellant-Corporation having been aggrieved by the said order and direction given by the learned single Judge has preferred the present appeal. The facts giving rise to this appeal, briefly stated, are as under,2. The appellant is a statutory Corporation established under See. 3 of the State Financial Corporations Act. 1951, (hereinafter called the Act). The said Act was enacted to provide medium and long-term credit to industrial concerns which expression as defined by S. 2(iii) includes a concern engaged or to be enagaged in the hotel industry. The appellant-Corporation established un...
Tag this Judgment!Union of India Vs. Babubahi Ramjibhai Patel
Court: Gujarat
Decided on: Jan-20-1982
Reported in: 1983(14)ELT2214(Guj)
D.C. Dheewala, J.1. The present appeal are directed against the order of acquittal recorded by the learned Additional Session Judge, Bharuch in Criminal Appeal No. 14/79, which again was directed against the judgment of conviction recorded by the learned Chief Judicial Magistrate in Criminal Case No. 25/77. The present Respondent along with another were prosecuted for an offence punishable under Section 135 of the Customs act. 2. The facts leading to the prosecution of the two accused can be briefly narrated as under. On 9-10-1972 at about 7.00 a.m. a Police Sub-Inspector had intercepted a car bearing No. GJC 1088 on a suspicion. The present respondent along with one other were found in the said car and the luggage booth of the said car when opened was found to contain a huge haul of contraband goods, namely, textile fabrics of foreign origin. Both the accused were prosecuted and the learned C.J.M. came to the conclusion that the prosecution had proved its case beyond a reasonable doub...
Tag this Judgment!United India Insurance Vs. V. Jayaben
Court: Gujarat
Decided on: Jan-20-1982
Reported in: 1982ACJ368; AIR1982Guj151; (1982)1GLR231
P.V. Desai, J.1. In the claim petition instituted by the dependents of the deceased Motor Cyclist, who was killed in the course of an accident in which the other vehicle involved was a tanker insured by the appellant-Insurance Company, the compensation claimed was 'in the sum of Rs. 2,00,000/-, The Tribunal found that the deceased and the driver of the tanker were equally negligent and that both had contributed in equal measure to the happening of the accident. Having made the aforesaid finding, the Tribunal proceeded to assess damages. On a consideration of the evidence, the Tribunal found that the damages awardable to the claimants wider different heads worked out to Rs. 484,344/-. In view of its finding on the issue of contributory negligence, however the Tribunal held that the claimants were entitled to compensation in the sum of Rs. 1,42,172/- only, the said amount being one-half of the damages assessed by the Tribunal as payable to the claimants.(Against decision of B. A. Patel, ...
Tag this Judgment!New India Assurance Co. Ltd. and anr. Vs. Nathiben Chatrabhuj and ors.
Court: Gujarat
Decided on: Jan-19-1982
Reported in: AIR1982Guj116; [1984]55CompCas568(Guj); (1982)1GLR411(GJ)
P.D. Desai, J.1. The following question is referred to the Full Bench by the Division Bench consisting of N. H. Bhatt and S. L. Talati JJ. as the said Division Bench was of the view that it was necessary to resolve the conflict arising out of the two inconsistent Division Bench decisions, one in Gujarat State Road Transport Corporation v. Malubhai Menand [1980] 21 GLR 400, decided by B. K. Mehta J. and S. B. Majmudar J. and another in Bhoi Vanaji Dhulaji v. Patel Shivabhai Kashibhai, AIR 1980 Guj 154; [1983] 53 Comp Cas 475, decided by M. K. Shah and D. H. Shukla JJ. 'Where the vehicle is on the date of the contract of insurance a vehicle not covered by a permit to ply for hire or reward, whether a passenger on payment will get the benefit of the statutory insurance ?' 2. In order to appreciate the controversy in its proper perspective, it requires to be mentioned that the occasion to make the reference arose in the course of proceedings in which the insurance company, which had insure...
Tag this Judgment!The State of Gujarat Vs. Sukhram Jagannath
Court: Gujarat
Decided on: Jan-15-1982
Reported in: (1982)2GLR332; [1982]50STC76(Guj)
Mehta, J. 1. At the instance of the State, the following questions have been referred to us under section 69(1) of the Gujarat Sales Act, 1969 (hereinafter referred to as 'the Gujarat Act'), for our opinion : '(1) Whether, on the facts and circumstances of this case, the Tribunal was right in law in holding that mixture of sopari, variyali, dhana-dal, sweet flavored powder, etc., as effected by the opponent and sold under the popular name of the relevant pan-masala did not amount to 'manufacture' within the meaning of that expression as defined in section 2(16) of the Gujarat Sales Tax Act, 1969 and accordingly in allowing the opponent to deduct the sales thereof as resales of goods purchased from registered dealers in terms of clause (ii) of section 7 of the said Act (2) Whether, on the facts and circumstances of this case, the Tribunal was right in law in holding that the opponent's sales of pan-masala containing the mixture of sopari, chuna and tobacco were sales of a 'form of toba...
Tag this Judgment!Ambica Mata Yarn Mfg. Co., Baroda Vs. Superintendent of Central Excise ...
Court: Gujarat
Decided on: Jan-15-1982
Reported in: 1982(10)ELT244(Guj); (1982)2GLR155
Thakkar, C.J.1. A partnership firm which is engaged in the business of slitting metallized polyester films by cutting the same into thin strips with the aid of machines and selling the same, has approached this Court by way of a petition under Articles 226 and 227 of the Constitution of India in order to challenge two orders, namely, (1) the order as per Annexure 'B' dated December 1, 1980 passed by the Assistant Collector of Central Excise, Baroda Division holding that the product in question was chargeable to excise duty under Tariff Item 18(II)(iii), and (2) the order as per Annexure 'C' dated August 20, 1980 passed by the Assistant Collector of Central Excise, Baroda Division, refusing to grant refund in respect of the excise duty already paid for the period from March 29, 1975 to March 28, 1978, April 1978 to September 1978 and October 1978 to November 1978, totalling to Rs. 161,424.60. 2. In so far as the first challenge is concerned, the impugned order as per Annexure 'B' has be...
Tag this Judgment!Gujarat Housing Board Vs. C.G. Desai
Court: Gujarat
Decided on: Jan-13-1982
Reported in: (1982)2GLR489; (1983)ILLJ387Guj
1. The Gujarat Housing Board has filed this appeal against the respondent-plaintiff being aggrieved by the judgment and decree passed by the learned Judge at the City Civil Court, Court No. 15 on 13.3.1980 by which the respondent plaintiff's suit was decreed and it was declared that the suit resolution dated December 19, 1978 at Exhibit 19 recommending the plaintiff's premature retirement from service and the consequential order dated June 5, 1979 at Exhibit 20 retiring the plaintiff prematurely from service are illegal and invalid and of no consequence whatsoever. It was declared that the plaintiff continued to be in service irrespective of the suit resolution at Exhibit 19 and the suit order at Exhibit 20 and was entitled to all benefits of service with effect from the date of the suit order at Exhibit 20, that is, with effect from June 5, 1979 and a mandatory injunction was also issued directing the respondent to reinstate the plaintiff in service with immediate effect. 2. A few fac...
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