Gujarat Court March 1983 Judgments
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Smt. Hansaben Girishkumar Vs. Girishkumar Babulal Raja and anr.
Court: Gujarat
Decided on: Mar-09-1983
Reported in: (1984)1GLR149
A.P. Ravani, J.1. This revision application is filed by the original-applicant wife whose application for condonation of delay in filing revision application before the learned Addl. Sessions Judge, Rajkot, against an order passed by the learned J.M.F.C, Gondal, on August 31, 1981 refusing to grant maintenance has been rejected. The cause advanced for not being able to file the revision application in time was that the mother of the applicant-wife was sick and she had to attend to her and hence she could not take further steps for filing the revision application in time. The judgment and order rejecting the application of the applicant-wife was passed on August 31, 1981 and the revision application was filed beyond the period of limitation and there was delay of about 108 days in filing the revision application. The learned Additional Sessions Judge, Rajkot, took the view that there were other members of the family of the applicant-wife, i.e., the father, brother of the applicant, who ...
Municipal Corporation of the City of Ahmedabad Vs. Dena Bank
Court: Gujarat
Decided on: Mar-08-1983
Reported in: (1984)1GLR29
S.L. Talati, J.1. A common question is raised in both the petitions and, therefore, these two petitions are being disposed of by this common judgment. Few relevant facts for the purpose of dealing with these petitions may be stated.2. In Special Civil Application No. 5412 of 1982 Ahmedabad Municipal Corporation valued for the purpose of assessment of property-tax for the financial year 1981-82 and its annual letting value effective on 10-9-1981 was fixed at Rs. 3,30,692/-. Appropriate entries were made in the assessment book under Taxation Rules. Dena Bank filed a complaint against the valuation but the valuation came to be confirmed by the Appellate Officer by his order dated 9-2-1982. Thereafter Dena Bank preferred Municipal Valuation Appeal No. 826 of 1982 before the Judge of the Court of Small Causes at Ahmedabad under Section 406 of the Bombay Provincial Municipal Corporations Act, 1949. While the appeal was pending on behalf of the respondent i.e. Ahmedabad Municipal Corporation,...
Hasmukhbhai Jugatram Raval Vs. the Collector and ors.
Court: Gujarat
Decided on: Mar-08-1983
Reported in: (1983)2GLR1301
S.L. Talati, J.1. This petition is filed by one of the Shareholders and delegates of the Gujarat Industrial Co-operative Bank Limited which is joined as respondent No. 4. The prayer is that the Collector, respondent No. 1 may be directed to take over the election process from respondent No. 4 and hold the election of the delegates after including all members who have been enrolled and admitted upto 31st December, 1982. Another prayer is to direct respondent No. 1 to hold the entire election including that of the delegates in accordance with the provisions of Section 145D of the Gujarat Co-operative Societies Act, 1961 (herein-after referred to as the Act).2. Now the learned advocate Shri Joshi who appeared on behalf of the petitioner mainly urged two grounds in support of his prayers. The first ground is that the persons who became entitled to vote on 1-7-1981 and thereafter were not included in the voters' list. The second ground is that the first respondent, the Collector is the only...
Natvarlal C. Shah, Food Inspector Vs. Prabhatbhai Punjabhai and anr.
Court: Gujarat
Decided on: Mar-07-1983
Reported in: (1983)22GLR76
M.K. Shah, J.1. This revision application which originally came up before a learned Single Judge of this Court, has been referred to this Court as, in the opinion of the learned Single Judge, the question involved viz. whether cow's milk is primary food within the meaning of Section 2(xiia) of the Prevention of Food Adulteration Act, 1954 ('the Act'), is of considerable importance and arises in several other matters pending in this Court and also for the reason that there is conflict of views on the subject between two High Courts viz. Kerala High Court and the Allahabad High Court.2. Opponent No. 1-Original accused was prosecuted before the learned Metropolitan Magistrate, 6th court, Ahmedabad in summary case No. 75 of 1977 for the offence under Section 16(1)(a)(i) read with Section 7 of the Act on the allegation that the accused was doing business as a hawker distributing milk from place to place and that on 18th June, 1977 at about 6 O'clock in the morning at Jahangirpura near Civil...
Bai Anupa Ganpat and ors. Vs. Nareshchandra Laljibhai Patel
Court: Gujarat
Decided on: Mar-04-1983
Reported in: AIR1983Guj207; (1983)2GLR1000
ORDERA.S. Qureshi, J.1. This is a revision application filed by the petitioners who were the original obstructionists before the Execution Court, in the execution application No. 402 of 1976 in the Small Cause Court at Ahmedabad. A decree of eviction was passed against the judgment-debtor Bhaiyalal Tantoya who was the original defendant No. 1 in the suit. Defendant No. 2 in the said suit was Ganpat Tantoya, the younger brother of Bhaiyalal. Ganpat Tantoya died during the pendency of the suit. An application for bringing his heirs on the record of the case was filed beyond time and hence the same was rejected with the result that Ganpat Tantoya ceased to be a parry in the suit and Bhaiya-lal alone remained as defendant against whom eventually a decree of eviction was passed on the ground of non-payment of arrears of rent. When the said decree of eviction was sought to be executed, the present petitioners who are the widow and minor children of the deceased Ganpat riled the obstruction a...
P.K. Das Gupta and ors. Vs. Jaysukhlal Mahashanker and anr.
Court: Gujarat
Decided on: Mar-03-1983
Reported in: (1983)2GLR941
A.P. Ravani, J.1. An Executive officer of a private firm invoked the jurisdiction of the criminal court by filing Criminal Case No. 2879 of 1982 in the court of JMFC, Jamnagar. He alleged that the applicants-original accused, office bearers of State Trading Corporation of India, had committed an offence of cheating and misappropriation in respect of goods which were ordered by the firm Dhanani Engineering Works, in which the complainant is serving as an Executive Officer. In the complaint five office bearers of the State Trading Corporation of India, three of whom have their offices at New Delhi and two of them have their offices at Madras have been arraigned as accused. In the com-plaint no where it is stated that which particular officer had made misrepresentation to the complainant. All that is alleged in the complaint is that there was some discrepancy in the goods ordered by the firm and goods delivered by the State Trading Corporation. It is further alleged that an amount of Rs. ...
Regional Director, Employees State Insurance Corporation Vs. New Asarw ...
Court: Gujarat
Decided on: Mar-03-1983
Reported in: (1983)2GLR1174
B.K. Mehta, J.1. A short but interesting question arising in this group of appeals is, whether payment of wages and clearness allowances to workers in respect of the unsubstituted festival, religious and national holidays is 'wages' within the meaning of Section 2(22) of the Employees' State Insurance Act, 1948 (hereinafter referred to as 'the ESI Act') as it stood prior to its amendment by Act No. 44 of 1966. The question arises in the following circumstances:1. Before the Employees' State Insurance Court (hereinafter referred to as 'the ESI Court'), five applications were moved by five different mill-companies of this city under Section 73-B of the ESI Act for declaration that the respective mill-company was not liable to pay employer's special contributions on the wages paid to its employees in respect of the unsubstituted holidays. The Mill-companies, which had moved the ESI Court were (1) The New Asarwa Mfg. Co. Ltd., (2) The Aryodaya Spg. & Wvg. Co. Ltd., (3) The Aryodaya Ginning...
Punabhai Dhedubhai Baraiya Vs. Patel Chhaganbhal Parshotamdas and anr.
Court: Gujarat
Decided on: Mar-03-1983
Reported in: (1983)2GLR1165
S.B. Majmudar, J.1. The petitioner who is a deemed purchaser of agricultural land bearing S. No. 800 admeasuring 3 acres and 34 Gunthas situated at village Mankani in Sankheda taluka of Baroda district has filed this petition under Article 226 of the Constitution which in substance is one under Article 227 thereof, wherein he seeks to challenge the order passed by the Gujarat Revenue Tribunal (GRT for short) in revision application TEN. B.A. 1290 of 1977. The said revision application came to be allowed by the GRT and the orders passed by the lower authorities were set aside. The petitioner submits that the GRT patently erred in law in doing so.2. In order to appreciate the grievance of the petitioner, it is necessary to glance through a few relevant facts. The petitioner who was the sitting tenant of the land in question was declared to be a deemed purchaser under the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948 ('the Tenancy Act'). The petitioner, on account of h...
Kashinath Dhondu Vs. State and anr.
Court: Gujarat
Decided on: Mar-02-1983
Reported in: (1984)1GLR448
P.D. Desai, J.1. By an order dated February 26, 1979, Annexure 'A' is issued by the District Superintendent of Police, Surat City, Surat, the petitioner was appointed as a 'regular driver' with effect from March 1, 1979. The order of appointment stated that the petitioner would be paid an allowance of Rs. 50/- per month subject to the condition of furnishing a bond.2. On November 28, 1979 an incident occurred at about 9-45 P.M. in a public garden near the Athwa Lines bus stand in which the petitioner was alleged to have been involved. The said incident resulted in two events. The petitioner was prosecuted in Summary Case No 7797 of 1980 for certain offences punishable under the Bombay Prohibition Act, 1949 and he was placed under suspension on and with effect from November 29. 1979. Disciplinary proceedings were also initiated against him subsequently.3. So far as the criminal case is concerned, the learned Judicial Magistrate, First Class, Surat, by his judgment and order dated Septem...
Dhirajben Prabhudas Parmar Vs. Rameshchandra Shambhulal Yadav
Court: Gujarat
Decided on: Mar-01-1983
Reported in: AIR1983Guj215; (1983)2GLR860
ORDERV.V. Bedarkar, J. 1. This is a revision petition filed by the petitioner-wife who is dissatisfied by the order of the learned Fourth Extra Assistant Judge, Baroda, D/- 27-8-1982, awarding her maintenance at the rate of Rs. 280/- per month instead of Rs. 500/- per month claimed, and the amount of Rs. 800/- towards the costs or quantum of expenses instead of Rupees 1,500/- claimed. 2. The opponent-husband has filed a petition under the Hindu Marriage Act for restitution of conjugal rights. After the summons was served, the wife appeared and gave application Ex. 9 for interim maintenance or alimony pendente life, wherein she made the claim referred to above. It was her contention that she has no independent income of hers, while her husband was serving in I.P.C.L. as Medical Officer with a pay of Rs. 2,500/- per month, and that he was also doing private practice. This application was opposed by the opponent-husband by Ex. 14. 3. After considering the relevant contentions, the learned...
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