Gujarat Court December 1984 Judgments
Thakore Chandrasingh Taktsingh Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Dec-28-1984
Reported in: (1985)2GLR701; (1986)ILLJ27Guj
1. In this petition under Art. 226 of the Constitution, the petitioner who was the relevant time working as unarmed police constable, buckle No. 826 in the police establishment in Broach District has challenged the order passed by the D.S.P. Broach dismissing the petitioner from service on the ground that he had committed misconduct of eloping with a minor girl even though he was a married man and thus he had exhibited a conduct unbefitting a police personnel. The impugned order of dismissal which was passed after due enquiry is dated 26th July, 1982. It is at annexure 'C' to the petition. The petitioner challenged that order by way of departmental proceedings in the hierarchy. The first appeal which was filed before the Dy. Inspector General of Police came to be dismissed on 30th September, 1982 and his further revision to the Inspector General of Police failed on 6th June, 1983. Thereafter the petitioner went in further revision before the State Government in the Home department. The...
Tag this Judgment!Motilal Shamaldas Makwana and ors. Vs. the Recovery Mamlatdar and ors.
Court: Gujarat
Decided on: Dec-27-1984
Reported in: (1985)1GLR459
B.K. Mehta, J.1. The original plaintiffs of Civil Suit No. 1997 of 1979 on the file of the City Civil Court, Ahmedabad being aggrieved by the order of the learned City Civil Judge holding that the plaintiffs are liable to pay ad valorem amount of court-fees under Section 6(ix) of the Bombay Court-fees Act, 1959 have approached this Court by way of revision application. A few facts be stated in order to appreciate whether the grievance of the original plaintiffs applicants before me is well founded.2. The plaintiffs are the members of one co-operative housing society known as Alap Co-operative Housing Society Ltd. situated at Usmanpura, Ahmedabad. There are about twenty four members in the society for whom twenty four houses have been built. The plaintiffs have been allotted houses bearing Nos. 17, 6, 8, 10, 13, 14, 11 and 18 respectively. The land on which these houses have been built was acquired by the Government and allotted to the Society and the Society was legally bound to pay th...
Tag this Judgment!M.H. Pandya Vs. Tax Recovery Officer and ors.
Court: Gujarat
Decided on: Dec-26-1984
Reported in: [1989]178ITR538(Guj)
P.S. Poti, C.J.1. This is a petition by the competent authority appointed for the purpose of administering the provisions of the Urban Land (Ceilihng and Regulation) Act, 1976 (hereinafter referred to as ('the Act'). The said Act provides for imposition of ceiling on land in urban areas and urban agglomerations and for making allied provisions. The prayer in the petition is for the issue of a writ of certiorari or appropriate direction to quash or set aside the auction sales which took place at Rajkot at the instance of the income-tax authorities in respect of plots of lands which, according to the petitioner, the competent authority, fell in the category of 'excess vacant land' belonging to the 'Ranjit Villa Palace'. The case of the petitioner is simple. According to him, the lands so auctioned for recovery of income-tax dues at the instance of the income-tax authorities were lands which were liable to be surrendered as 'excess land' under the Act. These lands, according to the petiti...
Tag this Judgment!Shah Dahyabhai Lallubhai Vs. Heirs and Lrs. of Shah Shambhualal Tulsid ...
Court: Gujarat
Decided on: Dec-21-1984
Reported in: (1985)1GLR197
A.P. Ravani, J.1. Rule. Mr. M.B. Gandhi appears and waives service of Rule on behalf of the opponents. By consent of the parties, the revision application is ordered to be heard today.2. The petitioner is the original plaintiff, who filed a suit in the Court of Civil Judge (JD), Petlad challenging the decree passed in Regular Civil Suit No. 119 of 1973. That suit was filed by deceased Shambhubhai Tulsidas, the landlord. The suit was iled for eviction of the suit premises on the ground of personal bona fide requirement. The suit was compromised and consent decree was passed. As per the consent decree, the petitioner was required to handover the possession on or before February 1, 1979. It so happened that before the aforesaid date, the original landlord Shambhubhai died on April 4, 1975. On this basis, the petitioner contended that the decree was passed on the ground of personal requirement and since the landlord has died, the requirement has also evaporated with him and decree passed o...
Tag this Judgment!Krishna Chemicals and anr. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Dec-21-1984
Reported in: (1985)1GLR526
P.S. Poti, C.J.1. This is an appeal by the petitioners in the Special Civil Application against the judgment of the learned single Judge dismissing the application. The 1st appellant is a partnership firm of which the 2nd appellant is a partner. The firm is engaged in the business of manufacturing chemicals out of bark of different varieties of forest trees. Though they are so manufacturing various forest based chemicals they are not manufacturers of Katha which is said to be manufactured by use of Khairwood. They being manufacturers in the line they desire to diversify by commencing manufacture of Katha also. Though their unit is registered with She District Industries Centre as a unit for nepthalene intermediary and dyes intermediary and not for Katha they could at any time seek to manufacture Katha on their own as such registration is necessary only for the purpose of obtaining certain benefits. They did make an application to include manufacture of Katha also in the products turned...
Tag this Judgment!Kanaiyalal Pragjibhai Khakhkhar Vs. Sales Tax Officer and ors.
Court: Gujarat
Decided on: Dec-21-1984
Reported in: (1985)1GLR566
P.S. Poti, C.J.1. The petitioner is the proprietor of Chetna Trading Company at Amreli. He is said to be carrying on business as a general merchant and commission agent dealing in groundnuts, grains etc. The business of Chetna Trading Company was commenced as a partnership with petitioner and another person as partners from 10.8.1984 and such business was registered under the Gujarat Sales Tax Act, 1969 (hereinafter referred lo as 'the Act'). It is the petitioner's case that the partnership firm ceased its business with effect from 25th October, 1984 and the petitioner-commenced sole business in the same name from that date. It is also his case that he obtained a lease of an oil mill situated at Udyognagar at Amreli from their owners and from 25th October, 1984 when he started business after dissolving the partnership he began manufacture of groundnut oil in the name of Chetna Oil Mill. For the registration of the firm which carried on business from 10.8.1984 the petitioner had furnish...
Tag this Judgment!State of Gujarat Vs. Bhimabhai Kalidas Patel
Court: Gujarat
Decided on: Dec-21-1984
Reported in: (1985)2GLR745
R.J. Shah, J.1. This appeal is directed against the judgment and order dated January 9, 1981 passed by the Sessions Judge, Valsad at Navsari in Criminal Appeal No. 58 of 1980 whereunder the order of conviction and sentence dated September 30, 1980 passed by the Chief Judicial Magistrate, Valsad at Navsari in Summary Case No. 77 of 1980 was set aside. The conviction was under Section 66(1)(b) of the Bombay Prohibition Act, 1949 and the sentence imposed was R.I. for three months and a fine of Rs. 500, in default R.I. for one month.2. The short facts are that P.S.I. Joshi with about 7 persons was on patrolling duty on 7th July 1978 at about 6-35 A.M. For the. said purpose, they had started from Navsari. When they were near Boriach Village on National Highway No. 8, the accused was coming on the road with a gunny bag. Because it was suspected that an offence may have been committed the accused was stopped and it was found that he had in the said gunny bag along with photo frames 21 bottles...
Tag this Judgment!Prasad Mills Ltd. Vs. Parikh Agencies
Court: Gujarat
Decided on: Dec-20-1984
Reported in: [1986]60CompCas727(Guj)
Bhatt, J. 1. This is an application under section 536(2) of the Companies Act, 1956, by Prasad Mills Ltd., which is sought to be would up, for allowing the applicant company to enter into transactions by creating charge over the movable and/or immovable properties of the company for the purpose of borrowings/advances/credit limits and facilities to be given by the State Bank of India, Commercial Branch, Ahmedabad, and the Industries Development Bank of India for the purpose of meeting the obligations of the company and for the purpose of keeping the business of company going on. It is prayed in the said application that the said transactions be declared as authorised, valid and binding on the company and the petitioning creditor under section 536(2) of the Companies Act. 2. Section 536(2) of the Companies Act, 1956, reads as under : '536(2). In the case of a winding-up by or subject to the supervision of the court, any disposition of the property (including actionable claims) of the co...
Tag this Judgment!Shankerpuri Chanpuri Goswami Vs. Abdulhakim Asmadmahamad
Court: Gujarat
Decided on: Dec-20-1984
Reported in: (1985)ILLJ281Guj
Bhatt, J.1. This is an application by a workman in whose favour and against the present respondent an award had come to be made by presiding officer of the Labour Court at Ahmedabad in Reference (LCA) No. 1270 of 1980, Annexure A to this application. By that order, the respondent was directed to reinstate the petitioner on his original post with full back wages and costs of Rs. 50/-. The order having been not complied with the notice was issued by the petitioner to the respondent, vide Annexure B. Despite that, nothing having been done, it was alleged that this amounted to wilful default on the part of the respondent. 2. The Rule was issued by this Court. The respondent had appeared and filed an affidavit dated 9th August, 1984, which is on the record. We have considered that affidavit. There is only general denial of the liability on the ground that he did not know of the proceedings of the Labour Court. If it be so, his remedy lies in approaching the Labour Court for setting aside th...
Tag this Judgment!Dahiben D/O. Joitaram Cheldas Vs. Methilal Dahyalal Patel
Court: Gujarat
Decided on: Dec-19-1984
Reported in: (1985)1GLR301
A.P. Ravani, J.1. The Opponent-husband filed H.M.P. No. 35 of 1983 in the court of learned Assistant Judge, Mehsana for dissolution of the marriage inter aila on the ground of desertion. The applicant of this revision application appeared in the said petition and filed an application Exh. 10 under the provisions of Section 24 of the Hindu Marriage Act and prayed for interim maintenance at the rate of Rs, 500/- per month for herself and Rs. 200/- per month for her daughter Raksha. She also prayed that an amount of Rs. 1500/- be also ordered to be paid to meet with the litigation expenses. The trial Court after discussing the rival contentions raised by the parties, dismissed the application as per its order dated March 7, 1984. The trial court has rejected the application solely on the ground that the petitioner's father has died and he has left 15 vighas of land and a residential house and a wade in which the petitioner a' so has one-half share along with her widowed mother Hiraben. Th...
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