Gujarat Court January 1985 Judgments
Shantilal Mohanlal and anr. Vs. Aher Bawanji Malde and ors.
Court: Gujarat
Decided on: Jan-31-1985
Reported in: AIR1985Guj164; [1985]58CompCas717(Guj); (1985)1GLR465
Nanavati, J.1. In view of the importance of the question as to whether a transfer of the vehicle by the insured, without intimation to the insurer, relieves the later from its obligation to indemnify against the loss or injury caused by the insured vehicle and the conflicting8decisions given by different High Courts, tin Division Bench hearing this appeal felt that the question deserves to be answered by a larger bench. It has, therefore, raised the following question which we are required to answer.' Whether the insurer is entitled to avoid liability against third party risk on the plea that the insured had sold the vehicle covered by the Insurance Policy before the date of the accident without intimation to the insurer?'2. Before we proceed to consider the legal position, a few relevant facts may be stated. On 5-3-1978, motor truck bearing registration No. GTG 444 knocked down fatally one Kiritkumar Shantilal who was standing on one side of he road. His parents filed Claim Petition N...
Tag this Judgment!Shanti Mohanlal and anr. Vs. Aher Bawanji Malde and ors.
Court: Gujarat
Decided on: Jan-31-1985
Reported in: 2(1985)ACC524
G.T. Nanavati, J.1. In view of the importance of the question as to whether a transfer of the vehicle by the insured, without intimation to the insurer, relieves the latter from its obligation to indemnify against the loss or injury caused by the insured vehicle and the conflicting decisions given by different High Courts, the Division Bench hearing this appeal felt that the question deserves to be answered by a larger Bench. It has, therefore, raised the following question which we are required to answer:Whether the insurer is entitled to avoid liability against third party risk on the plea that the insured had sold the vehicle covered by insurance policy before the date of the accident without intimation to the insurer?2. Before we proceed to consider the legal position, a few relevant facts may be stated. On 5.3-1978, motor truck bearing registration No. GTC 444 knocked down fatally one Kiritkumar Shantilal who was standing on one side of the road. His parents filed claims Petition ...
Tag this Judgment!Lok Adhikar Sangh Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jan-30-1985
Reported in: (1986)ILLJ326Guj
P.S. Poti, C.J.1. This case illustrates a new phase in the promotion of social action litigation in this country. The petitioner before us is Lok Adhikar Sangh, a Society established for the purpose of protection of democratic rights and civil liberties of the citizens and particularly the down trodden classes. The petition concerns the the working and living conditions of textile labour in Surat. Surat is the hub of the textile industry in Gujarat. The labour force in this industry in Surat is evidently unorganised and there has been very little enforcement of labour laws. Direction for preparation of reports to highlight the conditions of such labour is the main request in the petition. But that by itself would be of no relevance for, unless the Court has to consider the grant of any substantive relief it would not concern itself with preparation of reports. The prayer made in the petition that the respondents, the State, the Commissioner of Labour and the Assistant Commissioner of L...
Tag this Judgment!D.S. Vasavada, Textile Labour Association, Ahmedabad Vs. Regional Prov ...
Court: Gujarat
Decided on: Jan-29-1985
Reported in: [1985(51)FLR308]; (1985)1GLR499; (1985)ILLJ263Guj
P.S. Poti, C.J.1. There are many enactments in this country intended to serve the purpose of extending welfare measures to the working class. Merely enacting laws would not be an adequate protection or extension of a necessary benefit. Such laws have to be implemented with a sense of commitment. That largely depends on who apply the law and how they handle it. That also depends, quite often, on the degree of efficiency of the persons administering the law and the capacity to take decisions one way or the other expeditiously. Time is of the essence and delay will destroy the advantages conceived by extension of the benefits of such welfare measures. 2. We are tempted to preface this judgment with these remarks because of the stand taken by the Regional Provident Fund Commissioner of the Gujarat State in regard to meeting the claims of the dependents of 129 deceased workmen who were working in the textile mills at Ahmedabad. Whatever might have been the stand taken by the respondent earl...
Tag this Judgment!United India Fire and General Insurance Co. Ltd. Vs. Bhagwanji Nathubh ...
Court: Gujarat
Decided on: Jan-25-1985
Reported in: [1987]62CompCas675(Guj)
Majmudar, J.1. In this group of first appeals, a Division Bench of this court, consisting of N.H. Bhatt and M.B. Shah JJ. by order dated March 22, 1983, referred the following question for decision of a Full Bench of this court: 2. When some persons with some goods with them are transported for hire or reward by the driver and the cleaner by a goods vehicle of a private carrier, whether the insurance company would be liable or not. 3. This reference was made to the Full Bench in view of the fact that according to the Division Bench which referred the question, certain observations made by an earlier Full Bench of this court in the case of New India Assurance Co.Ltd. v. Smt. Nathiben Chatrabhuj (1984) 55 Comp Cas 568 (Guj) (FB) were required to be reconsidered. When the said reference came before the Full Bench, consisting of P.S. Poti C.J. and G.T. Nanavati and I.C. Bhatt JJ., a further reference was made by the aforesaid Full Bench on April 11, 1984, to a yet larger Bench for reconsid...
Tag this Judgment!Rashmikant Babubhai Patel and anr. Vs. Gujarat Electricity Board, Baro ...
Court: Gujarat
Decided on: Jan-25-1985
Reported in: AIR1986Guj12; (1985)2GLR1064
B.K. Mehta, J.1. Original petitioners being aggrieved with the order of the learned Single Judge (N. H. Bhatt, J.) dismissing the Special Civil Application invoking the writ jurisdiction of this court for appropriate writs, orders or directions enjoining respondent No.1 Board not to terminate the contract of supply of transformers, inasmuch as it was ultra vires the powers of the Board under Article 14 of the Constitution since it has been arbitrarily terminated, have preferred this appeal tinder Clause 15 of the Letters Patent. Before we state the necessary facts on which this challenge has been made, it should be recalled that the learned Single Judge could not persuade himself to admit the petition and thought fit to dismiss it in limine since in his opinion, once the parties enter into a contract, the questions arising in connection therewith would all be in the realm of the law of contract even though one of the contracting parties may be a public authority or a statutory body. Th...
Tag this Judgment!Balubhai Muradbhai Sindha Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Jan-25-1985
Reported in: (1985)2GLR736
B.S. Kapadia, J.1. In this Petition the question arises as to whether the petitioner is entitled to set off for the period of his detention in jail from 27th August, 1975 to 22nd March, 1977.2. The short facts leading to the present petition are as under: In Criminal Case No. 113 of 1974 in the Court of Judicial Magistrate First Class, Umergaon the present petitioner was accused No. 3 along with others for the offence punishable under Section 135 of the Customs Act. Subsequently it appears that the said case was transferred to the Additional Chief Judicial Magistrate, Bulsar on September 23,1978 where it was renumbered as Criminal Case No. 90 of 1978. In the said case he was convicted by order dated 4th June, 1979 and sentenced to rigorous imprisonment for a period of three years and a fine of Rs. 3,000/- in default rigorous imprisonment for a period of three months. The present petitioner preferred Appeal against the said order of conviction and sentence. It was Criminal Appeal No. 26...
Tag this Judgment!Abdul Kader Yakubbhai Shaikh Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jan-24-1985
Reported in: (1985)2GLR718
D.H. Shukla, J.1. The petitioner, Shri Abdul Kader Yakubbhai Shaikh, is the registered owner of a transport vehicle, namely, an auto rickshaw, bearing Registration Mark No. GTH 1607, The petitioner had paid the tax levied under the Bombay Motor Vehicles Act, 1958 (Bombay Act No. LXV of 1958, hereinafter known as the 'Tax Act of 1958') upto 31-3-1974. It is the petitioner's case that he had put the same auto rickshaw for repairs of its engine before 31-3-1974 with one Shantilal Manilal Panchal, an auto rickshaw repairer at Ahmedabad. It is his further case that he is a man of moderate means and could not pay the repair charges for the rickshaw and therefore he could not procure the engine back from the repairer. The petitioner submits that the engine is still in possession and custody of the said repairer, Shantilal, who has retained the possession exercising his right of lien.2. The petitioner could not intimate about the rickshaw being out of order to the respondent No. 3, the Taxatio...
Tag this Judgment!Jaydev Shrichand Damani Vs. State of Gujarat
Court: Gujarat
Decided on: Jan-24-1985
Reported in: (1985)2GLR749
S.A. Shah, J.1. The short question that arose for consideration in Court and who has been suspended is entitled to normal subsistence allowance or Re. 1/- per month, as provided in the second proviso to Sub-clause (b) of Clause (ii) of Sub-rule (1) of Rule 151 of the Bombay Civil Services Rules, 1959 (hereinafter referred to as 'the Rules').2. The petitioner was working as Assistant Office Superintendent in the office of Machhan Nala Project division, Divada Colony, at the time of his suspension.3. The petitioner and one Daljibhai Suthar, Deputy engineer in charge of Radhanpur Sub-Division (Roads and Buildings), Public Works Department, were tried by the learned Sessions Judge in Special Case No. 5 of 1977 for the offences punishable under Sections 409, 477-A, 467, 465 and 471 read with Section 34 of the Indian Penal Code and Section 5(2) of the Prevention of Corruption Act. The charge against them was of misappropriation of Government money to the extent of Rs. 6,616-90 paise. After t...
Tag this Judgment!Patel Traders Vs. Patel Ambaram Thakarshi
Court: Gujarat
Decided on: Jan-22-1985
Reported in: (1985)2GLR740
N.H. Bhatt, J.1. This is a revision application by the original plaintiff of the Civil Suit No. 17 of 1976 decreed in their favour by the learned trial Judge, namely, the Civil Judge, Junior Division, Surendranagar. It was a suit for money i.e. price of goods taken over by the Malod Transport owned by the defendant No. 2 for transport. The decree was only against the defendant No. 2 and the suit was dismissed against the original defendant No. 1.2. Being aggrieved by the aforesaid decree, the original defendant No. 2 preferred Civil Appeal No. 30 of 1978 in the District Court at Surendranagar where the learned Judge allowed it, not on merits but on a technical plea of no notice having been given under Section 10 of Carriers Act. The learned appellate Judge certainly held that the plaintiff proved that the defendant No. 2 was liable for the loss of goods transported by it. So the appellate Judge concurred the trial Judge on this first issue. He, however, allowed the appeal and consequen...
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