Gujarat Court September 1984 Judgments
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Minor Farooque and ors. Vs. Municipal Corporation of the City of Ahmed ...
Court: Gujarat
Decided on: Sep-18-1984
Reported in: 1986ACJ101; AIR1985Guj114; (1985)1GLR155
Bhatt, J.1. to 5. X X X X X X X6. This brings us to the question of compensation. We would say that the learned Judge, here, has not examined the question in its proper perspectives. Firstly, we shall deal with his examination of the question of consortium to the children qua their parents. In paragraphs 131, 132 and 133 of the Judgment, the learned Judge has examined the question of loss of association or consortium to the children. The learned Judge was truly conscious of his sailing in unchartered sea in that regard. He rightly felt concerned that the children, the three plaintiffs, lost much - needed love and affection in the sad demise of their parents especially when they were at the young age. The learned Judge was conscious that the concept of consortium was related to consorts, namely, the husband and the wife, but then he saw no distinction between the husband and the wife and other known forms of association, fellowship or togetherness. He said that he ventured to go a step ...
Pradip Rasiklal Shukla Vs. the Gujarat University and ors.
Court: Gujarat
Decided on: Sep-18-1984
Reported in: AIR1985Guj99
B.K. Mehta, J.1. The petitioner, who is aggrieved by the refusal on the part of the respondent-authorities to allow the petitioner to complete his final examination of Part 1, M.Sc. (Geology), has moved this Court for appropriate writs, orders and directions to quash and set aside the order cancelling his admission to the said examination since respondent No. 1-University has refused vide its letter of April 12, 1984 to recognise the first term as validly kept by the petitioner. The impugned order was conveyed to the petitioner by the letter of respondent No. 3 dated April 17, 1984. The petitioner has further prayed for the directions enjoining the respondent authorities to grant the petitioner first term and to allow him to appear at the practical examination commencing from April 30, 1984 of M.Sc.(Geology) Part 1, and also to declare the result of the petitioner of the said examination, A few facts need be noticed in order to appreciate the challenge to the impugned order.2. The peti...
R.Y. Vaidya and ors. Vs. Union of India (Uoi) and anr.
Court: Gujarat
Decided on: Sep-18-1984
Reported in: (1985)1GLR344
P.S. Poti, C.J.1. The question arising for decision in all these cases is the same. The petitioners in the Special Civil Applications are the appellants in these cases. Their applications which were evidently filed to challenge possible reversions from the post of Matric Clerks to that of Non-Matric Clerks have been dismissed by the judgment of the learned single Judge.2. Normally promotions are made in regard to selection posts as a result of selection process being resorted to and the appointees are those who find their place in the select list. In the case of non-selection posts seniority is the main, if not sole, criterion for promotion and in such cases promotions have to be made based on the seniority list in force. But quite often it may not be possible for the administrative authorities to effect promotions in accordance with the entitlement of those in service for many reasons. In the case of selection posts it may be because the selection committee might not have met, the sel...
Francis Dias Vs. Harde Sumatilal Halabhai and anr.
Court: Gujarat
Decided on: Sep-17-1984
Reported in: AIR1985Guj171; (1985)1GLR246
1. The facts relevant to this tenant's revision application filed under S. 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter called 'the Act') may be stated in brief as under.2. The petitioner was inducted as a tenant in the premises in question and was in actual occupation thereof till sometime before he was served with a notice, Exhibit 27, dated Ist August 1973. By this notice his tenancy was terminated on the ground that he had acquired suitable residence in Saikrupa Co-operative Housing Society Limited within the meaning of Clause (1) of sub-section (1) of S. 13 of the Act and that he had sublet the demised premises to Indubhai Brahmbhatt, opponent No. 2 herein. On receipt, of the notice Exhibit 27, the tenant sent a reply dated 31st August 1973, Exhibit 73, wherein he stated that he had gone to live in the bungalow of his friend temporarily for a change and that no consideration was paid for his occupation of the said bungalow and that he had...
Orient Trading Company Vs. Commissioner of Income-tax, Gujarat, Ahmeda ...
Court: Gujarat
Decided on: Sep-14-1984
Reported in: (1985)44CTR(Guj)134; [1985]152ITR26(Guj)
Mankad J.1. The question that has been referred to us by the Income-tax Appellate Tribunal Ahmedabad Branch 'A' (hereinafter referred to as 'the Tribunal'), under s. 256(1) of the I.T. Act, 1961 (hereinafter referred to as 'the Act'), for our opinion runs as under : 'Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the service of notice under section 148 of the I.T. Act prior to commencement of section 263 proceedings did not make the Commissioner's order legally infirm ?' 2. The question arises in the following circumstances. The assessee is a registered partnership firm and the assessment year under reference is 1971-1972, previous year being the year ending on December 31,1970. The assessee filed its return of income for the assessment year 1971-72 on June 28, 1971. The Income-tax Officer (hereinafter referred to as 'ITO' for brevity's sake) by an order dated March 18, 1974, passed under s. 143(1) of the Act, assessed the asse...
Kirit P. Budhbhatti Vs. Central Board of Direct Taxes and ors.
Court: Gujarat
Decided on: Sep-12-1984
Reported in: [1986]158ITR430(Guj)
P.S. Poti, C.J.1. The short question raised in this case is whether the petitioner who is admittedly qualified in electrical engineering is entitled to be a valuer under the Wealth-tax Act. Of course, that he is qualified in electrical engineering is not in dispute. He is a member of the Institution of Engineers (India) in Electrical. Subsequently, he was able to persuade the Institution to recognise him as a member of the Institution in Civil Engineering, which, on the basis of rules relating to the Institution, is permissible even without a person possessing a qualification in civil engineering. But this membership of the Institution of Engineers did not enable him to get registration as a valuer under section 34AB of the Wealth-tax Act. His complaint is that he was denied improperly the right to become a valuer. Answer to this is simple. Sub-section (2) of section 34AB provides that any person who possesses the qualifications prescribed in that behalf may apply to the Board for bein...
Mohammedumar Mohammedhusen Vs. Dy. Police Commissioner and ors.
Court: Gujarat
Decided on: Sep-11-1984
Reported in: (1985)1GLR199
P.S. Poti, C.J.1. The one and only justification for invoking Section 57(c) of the Bombay Police Act against the petitioner is that he has been during the plast convicted under Section 12A of the Bombay Prevention of Gambling Act, 1887 end is likely therefore to indulge in committing the same crime over again. Assuming without deciding that the petitioner having been convicted earlier under Section 12A is likely to commit the same offence over again, the question is whether this by itself would justify invoking Section 57(c) of the Bombay Police Act. Section 12A of the Bombay Prevention of Gambling Act, 1887 enables a Police Officer to apprehend, without warrant, any person who prints, publishes, sells, distributes or in any manner circulates any newspaper, news-sheet or other document or any news or information with the intention of aiding or facilitating gaming. Any such person shall, on conviction, be punishable in the manner and to the extent referred to in Section 4. The petitione...
Smt. Sarojben Thakorbhai Patel and anr. Vs. Takorbhai Ishwarbhat Patel ...
Court: Gujarat
Decided on: Sep-11-1984
Reported in: (1985)1GLR368
M.B. Shah, J.1. The petitioner-wife had filed an application under Section 125 of the Criminal Procedure Code for maintenance before the Metropolitan Magistrate, Court No. 15, Ahmedabad. The said case was numbered as Criminal Case No. 10 of 1982. She claimed maintenance at the rate of Rs. 1000/- per month for herself and at the rate of Rs. 450/- per month for each of her two children aged abort 13 years and 8 years. It is her say that she married opponent No. 1 in the year 1967. They lived together as husband and wife happily till 1980. In 1980 she was beaten and mentally tortured by opponent No. 1. She was driven out by her husband. However, the husband was persuaded to keep the wife by the relatives. It is her say that opponent No. 1 was quarrelling with her and was alleging that she was a wanderer and that he did not like her and he wanted to have a divorce. She further alleged that on August 19, 1980 the husband severely beat her and made preparations for throwing acid on her with ...
Vaghari Dhanabhai Bhalabhai Vs. State
Court: Gujarat
Decided on: Sep-05-1984
Reported in: (1985)1GLR194
P.S. Poti, C.J.1. A Full Bench of this Court in Sarjubhaiya Mathurbhaiya Kahar v. Dy. Commissioner of Police Vadodara and Anr. reported in 25 (1) GLR 538 had occasion to consider the validity of Sections 56, 59 and 60 of the Bombay Police Act, 1951. There was no occasion in that case to consider the validity of Section 57 of that Act which provision also enables externment orders to be passed. But, whatever has been said by the Full Bench as to the circumspection under which alone the power of externment could be exercised is equally valid in the case of exercise of power under Section 57 of the Act. It is the basic right of a citizen to be free. That is infringed by the action taken for externment, whether it be under Section 56 or under Section 57 of the Bombay Police Act. There is no freedom which is on such a high pedestal as that of the right of a citizen to move about freely. If such freedom is taken away, not as a result of a trial for any offence but by executive satisfaction t...
Niranjan Jayantilal Tolia and ors. Vs. Official Liquidator, Trimurthy ...
Court: Gujarat
Decided on: Sep-04-1984
Reported in: [1984]56CompCas505(Guj)
Poti, C.J. 1. When these appeals came up for admission before a Division Bench of this court, direction was given to register the appeals without prejudice to the rights of the other side to contend that the appeal is not competent. The other side has entered appearance and has contended that the appeal before us is not competent and, therefore, ought not to be entertained. In support of this, a decision of a Division Bench of this court in O.J. Apppeal No. 15 of 1981 arising from company Application No. 178 of 1980 has been cited. 2. The appeals arise from the judgment of our learned brother A. M. Ahmadi J. in Criminal Miscellaneous Application No. 1279 of 1979 in Company Petition No. 37 of 1977, (official Liquidator, Trimurthy Agro- Chemical Ltd. v. Niranjan Jayantilal Tolia [1984] 56 Comp Cas 380 (Guj)). The company judge, by the judgment under appeal, convicted accused Nos. 1, 2 and 4 under sub-s. (5) of s. 454 of the Companies Act, 1956, and directed each of them to suffer simple ...
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