Gujarat Court July 1983 Judgments
Union of India and ors. Vs. Ambalal Sarabhai Enterprises Ltd.
Court: Gujarat
Decided on: Jul-30-1983
Reported in: [1983]55CompCas623(Guj); [1984]147ITR294(Guj)
Desai, J.1. For the reasons to be declared hereafter, we hereby dismiss all the four appeals with no order as to costs. 2. At this stage, the appellants of appeals Nos. 13, 14 and 18 applied for leave under art. 133 of the Constitution today. We do not think that any substantial question of law of public importance is involved and that too required to be decided by the Supreme Court in this group of appeals. The oral leave is, therefore, rejected. Thereafter, oral motion was made for continuing the status quo today for a period of about a month. Mr. B. R. Shah, the learned advocate for the transferee-company, enumerated before us the various difficulties standing in their way. We appreciate the contention and, therefore, order that the copy of the reasons shall be made available to these three appellants as early as possible, but not later than 6th August, 1983, and the interim relief shall continue to operate only up to 31st August, 1983, but no further. A copy to be applied for urgen...
Tag this Judgment!Association of Natural Gas Consuming Industries of Gujarat and ors. Vs ...
Court: Gujarat
Decided on: Jul-30-1983
Reported in: (1983)2GLR1437
N.H. Bhatt, J.1. The first of the above petitions, namely, the special civil application No. 883 of 1979 is filed by The Association of Natural Gas Consuming Industries of Gujarat, a society registered under the Societies Registration Act, 1860, and by various industrial concerns, nine in number. All, except the petitioner No. 2 M/s. Jayant Paper Mills Ltd., which is situated at Surat, industries are situate at Baroda. The other petitions are filed by other industries consuming natural gas as their fuel. All these petitioners of all these petitions have been being supplied gas by the respondent. The Oil & Natural Gas Commission, which is a statutory corporation brought into being under the Provisions of the Oil & Natural Gas Commission Act, 1959. The respondent shall hereinafter be referred to as the 'the O.N.G.C for brevity's sake. After the exploration of oil in the Ankleshwar Region, the Gujarat industries started receiving gas from the O.N.G.C. In most of the oil fields situated in...
Tag this Judgment!Karsanbhai Kacharabai Vs. Ahmedabad Jupiter Spinning Weaving and Manuf ...
Court: Gujarat
Decided on: Jul-29-1983
Reported in: [1984(48)FLR428]; (1984)1GLR257; (1984)IILLJ378Guj
P.D. Desai, Actg. C.J. 1. The petitioner was a workman in the employment of the respondent-Company. In respect of an incident which is stated to have taken place on 4th August, 1975, the petitioner was served with a show cause notice on 8th August, 1975 and an intimation was given to him that an inquiry will be held in connection with the said incident on 11th August, 1975. By an order dated 25th August, 1975 the services of the petitioner were terminated. 2. The petitioner thereupon carried the matter to the Labour Court under the provisions of the Bombay Industrial Relations Act, 1946. The Labour Court raised a preliminary issue as to whether the inquiry held against the petitioner was legal and proper. After hearing the parties the Labour Court passed an order on 29th March, 1979 holding that the inquiry was legal and proper. The Labour Court then heard the parties on the question of punishment and held that having regard to the charges levelled against the petitioner, the order of ...
Tag this Judgment!Ganchi Umar Mohmad Vs. Haluben @ Jivu Abraham and ors.
Court: Gujarat
Decided on: Jul-29-1983
Reported in: (1984)1GLR203
S.L. Talati, J.1. This petition is directed against the order passed by the Additional Sessions Judge, Junagadh, in Criminal Revision Application No. 74 of 1980 on 16-6-1981. The facts which gave rise to this Criminal Revision Application may be briefly stated as under.2. Opponent No. 1 Haluben alias Jivu Abraham residing at Dhoraji had filed Miscellaneous Criminal Application No. 85 of 1975 in the Court of Judicial Magistrate, First Class, Junagadh in September, 1975 for obtaining maintenance for herself and her daughter against the present petitioner under Section 125 of the Criminal Procedure Code. Now the learned Judicial Magistrate, First Class, Junagadh did not grant maintenance to opponent No. 1-wife and her petition was dismissed. However, the maintenance was granted to the daughter and the amount fixed was Rs. 60/- per month. Both the parties were not satisfied with judgment rendered by the J.M.F.C. and opponent No. 1-wife of the petitioner filed Criminal Revision Application ...
Tag this Judgment!Food Inspector, Baroda Muni. Corpn. Vs. State and ors.
Court: Gujarat
Decided on: Jul-29-1983
Reported in: (1984)1GLR621
A.S. Qureshi, J.1. This is the appeal filed by the original complainant who was at the material time the Food Inspector of the Baroda Municipal Corporation. The accused were charged for an offence punishable under Section 16 of the Prevention of Food Adulteration Act (hereinafter referred to as the Act). The learned Judicial Magistrate, First Class, Baroda by his judgment and order dated 29th September, 1978 acquitted the accused. Aggrieved by the order of the Learned Magistrate, the original complainant has come in appeal before this Court.2. The prosecution had alleged that the accused who carried on the business of selling edible ground-nut oil had adulterated the oil and thus committed an offence punishable under the Act. According to the prosecution Chintamani P.W. 1 (Exh. 2) who was the Food Inspector employed by the Municipal Corporation of Baroda who is the complainant in this case, went to the shop of the accused on 7th February, 1978 in the morning accompanied by a clerk one ...
Tag this Judgment!Standard Due Chem and anr. Vs. Union of India and ors.
Court: Gujarat
Decided on: Jul-26-1983
Reported in: 1987(14)ECC125; 1987(12)LC765(Gujarat); 1987(28)ELT29(Guj); [1983]53STC241(Guj)
B.K. Mehta, J.1. Since the only question which survives for our decision is a limited one, we need not trace elaborately the facts which have led to this petition. The question which has become limited for purposes of this petition is on account of the decision of the Government of India in Re : Western Bengal Coal Fields Ltd. as contained in Order-in-Revision No. 270 of 1982, dated 26.4.1982, where the Union Government has held, while allowing the revision of the assessee, that the product which the said assessee was manufacturing, namely, Phenol Formaldehyde moulding powder was a product which was entitled to the benefit of the exemption notification No. 122/71 as Phenolic Resins. In order to appreciate, however, the final directions which we are inclined to issue in this matter, a few facts need be noticed. 2. Petitioner No. 1 is a partnership firm manufacturing Phenol formaldehyde moulding powder since 1970 in lump, solid or liquid form. The petitioners contended that their product...
Tag this Judgment!State of Gujarat Vs. Rana Babubhai Vardhiram
Court: Gujarat
Decided on: Jul-26-1983
Reported in: (1984)1GLR77
A.S. Qureshi, J.1. In this appeal the State of Gujarat is challenging the order of acquittal dated 14th September, 1979 passed by the learned Judicial Magistrate, First Class, Kalol in Criminal Summary Case No. 2047 of 1978, acquitting the accused of the offence punishable under Section 279, 337 of the Indian Penal Code and Section 112 and 116 of the Motor Vehicle Act. The respondent was the original accused. He was charged for rash and negligent driving of his motor truck No. GTB 5572 and thereby causing an accident in which Scooter No. GRA 2087 was badly damaged and the complainant who was riding it was slightly injured. The accident is said to have occurred on 31st May, 1978 at about 8-00 p.m. After the charge-sheet was filed and the case was fixed for recording evidence, the prosecution witnesses failed to turn out and the matter was adjourned from time to time for a period of about six months. Although the complainant was served with the summons to remain present on 14th September...
Tag this Judgment!Hasambhai Motibhai Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jul-25-1983
Reported in: (1983)2GLR1408
A.M. Ahmadi, J.1. The desire to breathe free and fresh air outside the prison walls has motivated these 'life convicts' who are serving time since before 18th December 1976, the date on which Section 433-A was inserted in the Code of Criminal Procedure (hereinafter called 'the Code'), to address applications to the learned Chief Justice, which have been registered and numbered as Writ Petitions under Article 226 of the Constitution, for their early release on the ground that life convicts who have completed 14 years of incarceration, inclusive of remissions, are under the existing State Government rules 'entitled' to be set free. Some of the life convicts who have pot completed even 14 years, inclusive of remissions, claim to be released citing examples of premature release of some of their colleagues either by the State Government or under Court orders invoking Article 14 of the Constitution. The stand of the State Government on the other hand is that a life convict has no 'right' to ...
Tag this Judgment!State Bank of India Vs. Premco Saw Mill, Ahmedabad and ors.
Court: Gujarat
Decided on: Jul-22-1983
Reported in: AIR1984Guj93; (1983)2GLR1322
Bhatt, J.1. This is an appeal by the State Batik of India, the original plaintiff of the Civil Suit No. 3121/76 decreed by the learned Judge of the City Civil Court only against the original defendants Nos. 1 and 2 and that too only with 6% interest from the date of the suit till realisation. The learned Judge had however dismissed the suit as far as the original defendant No. 3 war, concerned. Being aggrieved by not granting of the commercial rate of interest and also exonerating the original defendant No. 3, the original plaintiff-State Bank of India has preferred the present appeal.2. In order to understand the controversy, a few facts require to be stated. , The defendant No. I is the business firm run by the defendant No. 2 Smt. Manjulaben R. Patel. Said Manjulaben as the sole proprietor of the said defendant No. I business concern, had three kinds of accounts with the plaintiff-Bank. The first was the demand cash credit (factory type pledge) up to the limit of Rs. 1,25,000/- agai...
Tag this Judgment!Kana Mohan Sutar Vs. State
Court: Gujarat
Decided on: Jul-22-1983
Reported in: (1984)1GLR78
A.S. Qureshi, J.1. This is an appeal filed by the original accused in Sessions Case No. 24 of 1979 against the Judgment and Order passed on 26th October, 1979 by the learned Sessions Judge, Junagadh sentencing the accused for an offence punishable under Section 304 Part I of the Indian Penal Code and awarding simple imprisonment for a period of three years.2. The prosecution story was that the accused had committed murder of his wife on 20th August, 1978 between 12-00 mid-night and 5-00 a.m. in his house. The landlord of the house in which the accused was residing is said to have informed Bhikhubhai Rambhai P.W. 2 (Exhibit 7) about the incident. This witness Bhikhubhai is said to be the Village Pasayata (errend boy). According to him there was no Police Patel appointed for the village and that on receiving the information regarding the alleged offence he went to Visavadar and reported the incident in the Police station. This witness has stated that when be asked the accused who was sit...
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