Gujarat Court April 1984 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Union of India and ors. Vs. Ahmedabad Manufacturing and Calico Printin ...
Court: Gujarat
Decided on: Apr-06-1984
Reported in: 1988(34)ELT605(Guj)
Mankad, J.1. In this group of appeals filed by Union of India (hereinafter referred to as the 'Revenue'), the principal question which arises for our consideration is whether the respondent Mills, original Plaintiffs (hereinafter referred to as the 'Mills') are entitled to refund of excise duty paid by them on blended yarn manufactured by them, which has been held to be illegal by a Division Bench of this Court in Special Civil Application No. 1058 of 1972 decided on January 15, 1976 (reported in CENCUS 1976 Vol. IV P. 25-D). 2. The Mills produced blended yarn with the combination of certain percentage of cotton fibre. The proportion of blending was not uniform in all the Mills. It had also changed from time to time in different Mills. However, there is no dispute that the Mills manufactured or produced blended yarn with the combination of synthetic staple fibre and cotton fibre and blended yarn produced by the Mills was used by almost all the Mills themselves for manufacture of fabric...
Kishore and Co. Vs. Karsanbhai Desalbhai
Court: Gujarat
Decided on: Apr-06-1984
Reported in: AIR1984Guj123; (1984)2GLR1136
ORDER1. The revision petitioner before me is a partnership Firm of Income-tax and Sales-tax Practitioners functioning at Rajkot and the respondent was admittedly doing transport business at Rajkot. The revision arises out of the dismissal of a suit filed by the revision petitioner as plaintiff for recovery of a sum of Rs. 1,750/- claimed as due to the plaintiff firm by way of fees from his client- the defendant. It has been found that the claim to the fees has been proved but the plea of limitation set up by the defendant has been accepted and the suit dismissed. So, the sole question that arises in this revision concerns the question of limitation.2.The Small Cause Suit by the petitioner firm was one claiming that the firm had attended to the income-tax work of its client - the respondent -for the assessment years 1963-64 to 1976- 77in all for 14 years, and for such professional work done by the firm accounts are to have been settled by the respondent with the petitioner on 26-12-1978...
Union of India Vs. Bharat Vijay Mills Co. Ltd.
Court: Gujarat
Decided on: Apr-06-1984
Reported in: (1984)2GLR1111
R.C. Mankad, J.1. In this group of appeals filed by Union of India (hereinafter referred to as the 'Revenue'), the principal question which arises for our consideration is whether the respondent Mills, original plaintiffs (hereinafter referred to as the 'Mills') are entitled to refund of excise duty paid by them on blended yarn manufactured by them, which has been held to be illegal by a Division Bench of this Court in Special Civil Application No. 1058 of 1972 decided on 15th January 1976 (reported in CENCUS 1976 Volume-IV, P. 25-D).2. The Mills produced blended yarn with the combination of certain percentage of synthetic staple fibre and certain percentage of cotton fibre. The proportion of blending was not uniform in all the Mills. It had also changed from time to time in different Mills. However, there is no dispute that the Mills manufactured or produced blended yarn with the combination of synthetic staple fibre and cotton fibre and blended yarn produced by the Mills was used by ...
Nathubhai Alias Natwerbhai Kohyabhai Chamar Vs. Chandra Quarry and anr ...
Court: Gujarat
Decided on: Apr-05-1984
Reported in: II(1984)ACC304
D.H. Shukla, J.1. The appellant, Nathubhai alias Natwarbhai Kohyabhai Chamar, filed an application in the Court of the Commissioner, for workmen's compensation and Civil Judge, (S.D.), at Himat Nagar, to obtain compensation for the death of Bai Nanda whom he claimed as his wife, under the workmen's compensation act from the respondents. The learned trial Judge, for the reasons stated in his judgment, rejected the appellant's application. Hence, this appeal.2. The appellant alleged that Bai Nandia (since deceased) was his legally wedded wife. Bai Nandia was in the employment of Chandra Quarry Works on a monthly salary of Rs. 150/-. On 24-1-1980 deceased Nanda along with other labourers was working in the Chandra Quarry Vadgam, and was digging the earth when all of a sudden there was a landslide, with the result that she sustained bodily injuries which resulted in her death. The appellant claimed that her death occurred out of the injuries which arose in the course of her employment with...
imammiya Sadrumiya Malek and anr. Vs. Mahmadhusen Nabibbhai Shaikh
Court: Gujarat
Decided on: Apr-05-1984
Reported in: (1986)1GLR556
D.H. Shukla, J.1. First Appeal No. 342 of 1982 and First Appeal No. 343 of 1982 arose out of Workmens Compensation Cases Nos. 39 of 1979 and 40 of 1979 in the Court of the Civil Judge (S.D.) & Ex-Officio Commissioner under Workmens Compensation Act at Nadiad. Both the cases arose out of the same accident and hence both the cases were tried together, the evidence was recorded together and both of them were disposed of by a common judgment, pronounced on 30-9-1981, whereby both the claim petitions were dismissed.2. It was the case of the appellants that the respondent was having a factory for manufacturing crackers in village Mogri, taluka Anand, district Kheda. The deceased were the employees under the Workmens Compensation Act with the opponent. When the deceased were on duty on 26-9-1979 at about 12-00 to 12-30 p. m. a fire occurred with the result that the workmen named Shafimiya, son of the applicants in Workmen's Compensation Case No. 39 of 1979, and Vijaykumar, son of the applican...
Atic Employees Union Vs. State of Gujarat
Court: Gujarat
Decided on: Apr-04-1984
Reported in: (1984)IILLJ336Guj
ORDERMajumdar, J.1. In this petition, under Art. 226 of the Constitution, the petitioner-Union has sought the intervention of this Court against the order dated 8th February, 1984 passed by the First respondent-State of Gujarat refusing to refer an industrial dispute for adjudication by the Industrial Court under S. 10 of the Industrial Disputes Act on the ground that the dispute raised is not of such a nature which requires adjudication by the Industrial Court. It is pertinent to note that the main dispute which was raised by the petitioner-Union on behalf of its members was that respondent No. 2 - Company, which is the employer, was insisting that the workers should sign written undertakings before they can be permitted to resume duties after lifting of the lock out which had remained imposed by the company for quite some time. The reference application was decided by the first respondent after hearings the representatives of the petitioner-Union as well as respondent No. 2 - employe...
The New India Assurance Co. Ltd. Vs. Gunwanti Hemraj and ors.
Court: Gujarat
Decided on: Apr-04-1984
Reported in: II(1984)ACC399
N.H. Bhatt, J.1. These two appeals arise out of the judgment and the award in Motor Accident Claims Petition No. 65 of 1974 decided by the Motor Accident Claims Tribunal at Godhra. The First Appeal No. 713 of 1976 has been preferred by the Insurance Company, the opponent No. 3 in the claim petition, whereas the First Appeal No. 837 of 1976 is preferred by the original opponents Nos. 1 and 2, who were the owners of the vehicle in question. The owners complained that the amount awarded by the Tribunal was far too excessive. The insurance company's contention right from the stage of the trial was that in respect of the death of deceased Hemraj, the husband of the original claimant No. 1 and father of the rest of the three minor claimants, their liability was limited to Rs. 5000/- alone and that the Tribunal's judgment making the insurance company liable for Rs. 38,250/- was clearly contrary to law.2. In order to understand the question, a few facts are required to be stated. The vehicle i...
Dashrathlal Jesinghbhai Brahmbhatt Vs. Bai Ganga and ors.
Court: Gujarat
Decided on: Apr-04-1984
Reported in: II(1984)ACC392; 1985ACJ410
N.H. Bhatt, J.1. The heirs and legal representatives and mother of Bhikhaji Kacharaji had filed the M.A.C.T. Application No. 56 of 1977 before the Motor Accidents Claim Tribunal, Mehsana for recovering Rs. 50,000/- contending that deceased Bhikhaji, alongwith two other persons, hired jeep car bearing No. GJD 7950 on 17-12-1976 from Mehsana for going to a village Bhandhu. The jeep car was owned by the appellant. It was driven by one Bhailal Chhaganlal Patel, who is the respondent No. 1 in this appeal. The claimants also joined the insurance company as party. It was contended that when jeep was proceeding ahead towards Bhandu on the Highway, all of a sudden the driver applied the brakes and the jeep took a some result and fall in a ditch. The deceased was sitting in front seat and he fell down. He was seriously injured and was removed to the Civil Hospital, Mehsana, where he expired. It was contended that the jeep car was driven rashly and negligently by the driver, and, as a result of w...
Mohini Bhiryomal Hingorani Vs. Bhanubhai Manilal Patel
Court: Gujarat
Decided on: Apr-04-1984
Reported in: (1984)2GLR1058
V.V. Bedarkar, J.1. This is a revision application under Section 29(2) of the Bombay Rent Act against the concurrent decree of both the Courts below directing the petitioner to vacate the premises on the ground of Section 13(1)(k) of the Act. This dispute pertains to a suit house at Baroda on Kothi Road belonging to the respondent and given on rent in the name of the petitioner ever since the time when she was a minor. It is the case that her father was serving at Broach and therefore, she was initially studying in Gujarati. But because she wanted to study Sindhi at Baroda, she came to her maternal relative and thereafter this house was taken on rent in her name so that she can study there. It is the case that since 1968, the petitioner has gone over to Bombay. She is serving there as a Lecturer in College of Pharmacy and therefore, this house is not used. Initially, it was the case that because she has got an alternative accommodation at Bombay, the possession of this premises should ...
Official Liquidator, Trimurthy Agro-chemical Ltd. (In Liquidation) Vs. ...
Court: Gujarat
Decided on: Apr-02-1984
Reported in: [1984]56CompCas380(Guj)
1. The facts giving rise to this complaint lodged by the official liquidator under sub-ss. (5) and (5A) of s. 454 of the Companies Act, 1956 (hereinafter called 'the Act'), may be stated as under : Messrs Trimurthy Agro Chemicals Ltd. was incorporated as a private limited company on March 20, 1979, and was, thereafter, converted on May 16, 1973, into a public limited company under the Act. The authorised capital of the company was Rs. 50,00,000 comprising 5,00,000 equity shares of Rs. 10 each; 2,50,000 shares having been issued against the paid up capital of Rs. 24,74,000, the amount of the unpaid calls being Rs. 26,000. The company soon ran into financial difficulties. One of the editors of the company filed a Winding-up Petition No. 37 of 1977. By an order dated October 11, 1978, the company was ordered to be wound up and the official liquidator attached to this court was appointed the iiquidator of the company. 2. At all times material to this complaint, the accused were on the boar...
- ‹ Prev
- 1
- 2
- 4
- Next ›
- Last »