Gujarat Court December 1985 Judgments
State of Gujarat Vs. Patel Shankerlal Bhabhaidas
Court: Gujarat
Decided on: Dec-17-1985
Reported in: (1987)1GLR192
M.B. Shah, J.1. In this group of revision applications a common question of law which arises for determination is whether the Special Court, constituted under Section 12A. of the Essential Commodities Act, 1955, hereinafter referred to as 'the Act,' has jurisdiction to take cognizance of the complaint which may be filed before it directly or that it can take cognizance of the offence only if the case is committed to it by a Magistrate.2. At the outset, it should be noted that there is no provision under the Essential Commodities Act which provides that Special Court shall take cognizance of the matter only if the case is committed to it by some other Court. That means there is no provision which is similar to Section 193 of the Criminal Procedure Code. Section 193 reads as under:193 Except as otherwise expressly provided by this Code by any other law for the time being in force, no Court of Session shall take cognizance of any offence as a Court of original jurisdiction unless the case...
Tag this Judgment!Som Bahadur Gurung and anr. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Dec-13-1985
Reported in: (1986)2GLR1352
R.A. Mehta, J.1. These petitions by the convicts of Court Martial seek a direction for giving them the benefit of setting off the period undergone by them in military custody during the pendency of their trial before the Court Martial and reliance is placed on Section 428 Cri. P.C. which reads as under:428. Where an accused person has, on conviction, been sentenced to imprisonment for a term, not being imprisonment in default of payment of fine, the period of detention, if any, undergone by him during the investigation, inquiry or trial of the same case and before the date of such conviction, shall be set off against the term of imprisonment imposed on him on such conviction, and the liability of such person to undergo imprisonment on such conviction shall be restricted to the remainder, if any, of the term of imprisonment imposed on him.2. On behalf of the respondents, it is contended that the provisions of Criminal Procedure Code are not applicable to the military offences and convic...
Tag this Judgment!Gafurbhai Hussainbhai Shaikh Vs. Yusuf Ibrahim Patel and ors.
Court: Gujarat
Decided on: Dec-12-1985
Reported in: 1(1986)ACC534
J.P. Desai, J.1. The appellant Gafurbhai Hussainbhai Shaikh was injured in a motor vehicle accident that took place on 28-8-1976 at about 11 a.m. near the Narmada river bridge at Bharuch. He filed M.A.C. application No. 106 of 1977 claiming Rs. 60,000/- as compensation to him. Being dissatisfied with the award of the learned Tribunal disallowing the claim in excess of Rs. 51,200/-, the present appeal has been filed by him.2. The learned advocate Miss. V.P. Shah appears for the appellant, while the learned advocate Mr. S.N. Soparkar for Mr. S.B. Vakil appears for respondent No. 3 Insurance Co.3. The evidence on record as discussed by the learned Tribunal at para 14 of the judgment shows that there were following injuries on the person of the appellant-orig. petitioner:(1) Complaint of rigor. Difficulty in breathing and pain in the back....(2) On examination, there was tenderness of the lumber region. He could not move with lower extremity. Pain touch and temperature sensation present at...
Tag this Judgment!Pinalshah Haji Jamalshah Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Dec-12-1985
Reported in: (1986)1GLR535
A.M. Ahmadi, J.1. Way back in 1980, the Supreme Court in Smt. Raziya Umar Bakshi v. Union of India : [1980]3SCR1398 while dealing with a detention order passed by the Government of Gujarat, observed that it was necessary to explain the grounds of detention to the detenu in the language known to him. The Supreme Court further impressed upon the Detaining Authority that when the grounds of detention are alleged to have been explained by a Police Officer to the detenu, the affidavit to the concerned Police Officer ought to be filed because the, Deputy Secretary would not be in a position to state whether or not in fact the grounds of detention were explained to the detenu. In that case also, the detenu contended that the detention order and the grounds of detention were furnished to him in a language which he did not understand. This allegation was sought to be countered through the affidavit of Shri P.M. Shah, Deputy Secretary, who stated that one Shri A.K. Sharma, Police Inspector, Ahme...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Manjulaben and ors.
Court: Gujarat
Decided on: Dec-11-1985
Reported in: 1(1986)ACC106
J.P. Desai, J.1. In a motor vehicle accident that took place on 2-3-1975 near Hingrai bus stand on the Idar-Himatnagar Highway, three persons viz. Pravinchandra Ramanlal, Rajeshkumar Mohanlal and Jethalal Bhogilal Soni sustained injuries and ultimately succumbed to the injuries. The heirs of Pravinkumar Ramanlal filed MACP No. 16 of 1975 claiming Rs. 80,000/- as compensation. The heirs of Rajeshkumar Mohanlal filed MACP No. 17 of 1975 claiming compensation of Rs. 18,000/- Different heirs of Jethalal Bhogilal who died in this accident filed different applications, viz. MAC Applications Nos. 19 of 1975 to 25 of 1975 each claiming Rs. 9999/- as compensation. The learned Motor Accidents Claims Tribunal, Sabarkantha at Himatnagar passed an award for Rs. 57,610/- in MAC Application No. 16 of 1975, for Rs. 14,000/-in MAC Application No. 17 of 1975, for Rs. 8,500/- in MAC Application No. 20 of 1975 and Rs. 8,000/- each in MAC Applications 19 of 1975 and No. 21 to 25 of 1975. The learned Tribun...
Tag this Judgment!Himatlal Jivabhai Patel and ors. Vs. Food Corporation of India and ors ...
Court: Gujarat
Decided on: Dec-11-1985
Reported in: (1986)2GLR1019
M.B. Shah, J.1. Being aggrieved and dissatisfied by the judgment and order dated January 16, 1982 passed by the Civil Judge, Senior Division, Narol in Civil Miscellaneous Application No. 292 of 1977, the original applicants have filed this appeal. Applicant No. 1 is the son of Respondents No. 2 and brother of Respondent No. 3. Applicants Nos. 2 and 4 to 6 are the wife, sons and daughter of applicant No. 1. Applicant No. 3 is the other son of respondent No. 2. Applicants No. 7 to 10 are the sons and daughter of respondent No. 3. Applicant No. 11 is the mother of applicant No. 1 and respondent No. 2 and wife of respondent No. 2.2. Respondent No. 1, Food Corporation of India had kept on rent a property belonging to respondents Nos. 2 and 3 for storing food-grains and particularly wheat. A criminal complaint was filed by the Food Corporation against respondents Nos. 2 and 3 for theft of the wheat on large scale. It was their contention that after committing theft the wheat bags were sold b...
Tag this Judgment!Kapadwanj Nagarpalika Vs. Bharat Petroleum Corporation Ltd.
Court: Gujarat
Decided on: Dec-11-1985
Reported in: (1986)2GLR1410
N.H. Bhatt, J.1. This is a petition under Article 227 of the Constitution of India (though filed under Article 226) by the Kapadwanj Nagarpalika being aggrieved by the order of the learned Asst. Judge, Kheda at Nadiad, rejecting their appeal No. 118/83, the appeal having been preferred under Section 9 of the Gujarat Public Premises (Eviction of Unauthorised Occupants) Act, 1972. The appeal before the learned appellate Judge had arisen from the decision of the Deputy Collector in the original proceedings under that Act. This Nagar Palika had initially granted lease of a parcel of land to the Burmah Shell (which is the short name for the Burmah Shell Oil Storage and Distribution Company of India Limited) for the period of ten years as per agreement annexure-A (page 16) dated 7th July, 1968. As per that registered deed the lease commenced on 22-1-1966 and was to end on 21-1-1976. In that agreement there is a Clause 3(d), which is reproduced below:3(d) If the lessee shall have given to the...
Tag this Judgment!Baroda Cement and Chemicals Ltd. Vs. Commissioner of Income-tax
Court: Gujarat
Decided on: Dec-09-1985
Reported in: (1986)53CTR(Guj)260; [1986]158ITR636(Guj)
A.M. Ahmadi, J.1. The facts of this case lie in a narrow compass. The assessee, an incorporated company, was at all material times, engaged in the manufacture and sale of sugar and certain chemicals. Some time in February, 1970, Messrs K.C.P. Limited, Madras, contracted to sell a second hand GHH Mill from out of its Vuyyuru Sugar Factory to the assessee company for an agreed price. Subsequently, the vendor committed a breach of the contract by defaulting to sell the machinery, etc., to the assessee company. There is no dispute regarding the validity of the contract or the factum of its breach. The breach of the contract entitled the assessee to the remedies arising ex contractu, e.g., specific performance of the contract or damages; in the present case, the first was ruled out because the subject-matter had been sold by the vendor to a third party. The assessee was, therefore, entitled to seek compensation for the breach of the contract from Messrs K.C.P. Limited. In about April, 1971,...
Tag this Judgment!Chinubhai Mohanbhai Patel and anr. Vs. Ahmedabad Municipal Transport C ...
Court: Gujarat
Decided on: Dec-09-1985
Reported in: 1(1986)ACC584
D.C. Gheewala, J.1. The present appeal is directed against the award passed by the learned Motor Accident Claims Tribunal No. 3 at Ahmedabad in M.A.C. Application No. 16 of 1979. The appellant filed a claim petition claiming Rs. 1,75,000/- from the opponents and alleged that on 19-9-1978 deceased Girish who was their son, was travelling by a rickshaw at about 11.45 a.m. While the said rickshaw was passing by Galia Limadi road near Ashawara Bridge, a Municipal bus bearing No. 4748 came at an excessive speed and collided with the rickshaw. The rickshaw was thrown away and the deceased was crushed under the rickshaw. He succumbed to his injuries. Alleging that the deceased was already holding a B.D.S. degree and was prosecuting his studies for M.D.S. he had very bright prospects in life and his sister being an American national he had every chance of migrating there, where his prospects would have been still better, the said amount was claimed.2. The claim was resisted by both the sets of...
Tag this Judgment!Subodhchandra Champaklal Mehta Vs. Keshavlal Jeshingbhai Patel
Court: Gujarat
Decided on: Dec-06-1985
Reported in: (1987)1GLR187
S.B. Majmudar, J.1. This petition under Section 115 of the Code of the Civil Procedure has a chequered history and consequently all the relevant facts leading to this petition deserve to be noted in details at the outset. The petitioner is the original plaintiff and opponent is the original defendant in Special Civil Suit No. 194 of 1971 filed by the petitioner in the Court of learned Civil Judge Senior Division, Baroda. The suit was filed on 4-10-1971. In the said suit, the plaintiff prayed for a decree of Rs. 12,614/- with interest and cost against the opponent -defendant on the ground that this amount was due and payable to the plaintiff on account of the goods sold by him to the defendant on credit after deducting the payment received by him pursuant to the said dealings. This suit was resisted by the defendant by filing a written-statement Exh. 19 on 18-6-1973. The learned Trial Judge framed issues in the light of the pleadings. Thereafter, further progress of the suit got thwarte...
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