Gujarat Court February 1985 Judgments
Rameshgiri Dolatgiri Vadala (Dari) and ors. Vs. Ramji Nathabhai and or ...
Court: Gujarat
Decided on: Feb-28-1985
Reported in: 2(1985)ACC387
S.A. Shah, J.1. Both these appeals arise out of the same judgment of the Motor Accidents claimss Tribunal, Rajkot, in claims Case No. 90 of 1977 and claims Case No. 91 of 1977, which were the subject-matter of the same accident. They are, therefore, disposed of by this common judgment.2. claimsants of claims Case No. 90 of 1977 are father, mother, brother and sister of deceased Mahipatsinh Ramji who died in the accident, and for that they have claimsed an amount of Rs. 40,000/- as compensation. The claimsants of claims Case No. 19 of 1977 are mother, brother and sister of deceased Batuk Banulal who also died in the same accident, and for that they have claimsed an amount of Rs. 86,000/- as compensation.3. The Tribunal after recording the evidence and hearing the parties, awarded total amount of Rs. 40,000/-to the claimsants in each case. Being aggrieved by the said award, the driver, owner and insurer of the truck bearing No. GTY 2952 involved in the said accident have filed these appe...
Tag this Judgment!General Insurance Society Ltd. Vs. Minalben and ors.
Court: Gujarat
Decided on: Feb-27-1985
Reported in: 1987ACJ617; [1988]64CompCas683(Guj)
S.A. Shah, J.1. This appeal is filed by the appellant, the General Insurance Society Ltd, Bombay insurer of fiat car No.GJZ 540/B, involved in the accident challenging the judgment and order dated September 5, 1977, passed by the Motor Accidents Claims Tribunal, Valsad at Navsari, in Motor Vehicles Claims Petition No.21 of 197. 2.The facts leading to this appeal briefly stated are that a fatal accident took place on November 21, 1973, on National Highway No.8 within the local limits of village Khadki in Valsad District, between the aforesaid fiat car No. GJZ 540/B coming from Bombay and going to Rajkot and Motor Cycle No.GJL 7463, coming from Pardi and going to Veep. In the said accident, one Sharadchandra Dahyabhai Patel, who was driving the motor cycle died on the spot. Widow and son (respondents Nos. 1 and 2) of the said deceased, Sharchandra, thereupon filed the aforesaid petition before the Tribunal claiming an amount of Rs.1 lakh by way of compensation against driver, Shabir Ahme...
Tag this Judgment!Captocaps Private Limited Vs. Union of India and anr.
Court: Gujarat
Decided on: Feb-27-1985
Reported in: 1986(10)ECC167; 1986(24)ELT19(Guj)
Bhatt, J.1. This is a petition under Article 227 of the Constitution of India by the petitioner-company styled as Captocaps (P) Limited, manufacturing Snapcaps commercially known as 'CAPTOCAPS' to be used as closures or works for bottles and other containers. The patent had been taken out for the same on August 1, 1965 from the Patent Office of the Government of India, and its registration number is 83044. The said patent was taken out by one Paul Staditz Van Baarn from whom the petitioner company had purchased the rights. Upto the year 1969 all types of caps were not excisable at all. The petition-company had started its manufacturing in the year 1965. However, by the Finance Act of 1969, item 42 was introduced in the First Schedule to the Central Excises and Salt Act, 1944 (hereinafter referred as 'the Act'). The said item 42 reads as follows :- 'Pilferproof caps for packages, all sorts, with or without washer or fittings or cork, rubber, polythelene or any other material.' In the be...
Tag this Judgment!The General Insurance Society Ltd. Vs. Minalben and ors.
Court: Gujarat
Decided on: Feb-27-1985
Reported in: 1(1986)ACC33
S.A. Shah, J.1. This appeal is filed by the appellant the General Insurance Society Ltd. Bombay, insurer of Fiat Car No. GJZ 5408 involved in the accident, challenging the judgment and order dated 5-9-1977 passed by the Motor Accidents Claims Tribunal, Valsad at Navsari in Motor Vehicles Claims Petition No. 21 of 1975.2. The facts leading to this appeal, briefly stated are that a fatal accident took place on 21-11-1973 on National Highway No. 8 within the local limits of village Khadki in Valsad District, between the aforesaid Fiat Car No. GJZ 5408, comimg from Bombay and going to Rajkot, and motor-cycle No. GJL 7463, coming from Pardi and going to Vapi. In the said accident one Sharadchandra Dahyabhai Patel, who was driving the motor-cycle died on the spot. Widow and son (respondents Nos. 1 and 2) of said deceased Sharadchandra thereupon filed the aforesaid petition before the Tribunal claiming an amount of Rs. 1 lakh by way of compensation against driver Shabir Ahmedkhan Mohmedkhan P...
Tag this Judgment!Hemantkumar Dahyabhai Prajapati Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Feb-25-1985
Reported in: (1985)2GLR1036
B.S. Kapadia, J.1. The present revision application is filed by the original accused against the order of conviction and sentence passed by the learned Addl. Sessions Judge, Ahmedabad, in the criminal Appeal No. 142 of 1984 wherein the order of conviction under Section 7 read with Section 16(1)(a) of the Prevention of Food Adulteration Act was confirmed but he modified the order of sentence passed by the learned Metropolitan Magistrate Court No. 6, Ahmedabad, in Criminal Summary Case No. 47 of 1983 dated 30-6-1984 imposing the sentence of Simple Imprisonment for six months and to pay fine of Rs. 1,000/-, in default to undergo further simple imprisonment for three months. The order of sentence was modified by the learned Addl. Sessions Judge and the accused was ordered to undergo simple imprisonment of one month and to pay a fine of Rs. 1,000/- in default to undergo further simple imprisonment of three months.2. The facts of the case are that the accused applicant is running a shop on s...
Tag this Judgment!Ramniklal Manilal Bhatt Vs. Ramanlal Nathubhai Kapadia
Court: Gujarat
Decided on: Feb-25-1985
Reported in: (1985)2GLR901
R.A. Mehta, J.1. The petitioner is the owner of the house in Surat purchased by him in the year 1969 with the sitting tenant. The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 has been made applicable to this premises. He retired from Government service in 1976 and he wanted to occupy this premises and therefore, he filed a suit for eviction on the ground of his personal and bona fide requirements. He also alleged that the tenant had acquired suitable alternative accommodation. Both the courts below have dismissed the suit for possession on the ground that the so called alternative accommodation is at. Ankleshwar and not suitable for the tenant who has settled in Surat. There is concurrent finding of fact that the alternative accommodation cannot be said to be suitable and, therefore, that cannot be interfered with.2. The lower courts have also held that for the purpose of Section 13(1)(g) (personal and bona fide requirement of the landlord) the petitioner the plaintiff...
Tag this Judgment!Saudagarsing Chhajusing and ors. Vs. Jashodaben and anr. and
Court: Gujarat
Decided on: Feb-22-1985
Reported in: 2(1985)ACC243; 1986ACJ107
M.B. Shah, J.1. Being aggrieved and dissatisfied by the judgment and award dated October 29, 1977, passed by the Motor Accident Claims Tribunal, Narol in M.A.C. Application No. 199 of 1976 and M.A.C. Application No. 214 of 1976, the original opponents have preferred the present two appeals.2. The accident occurred between Aslali and Ahmedabad near village Lambha on August 11, 1976 about 4.15 A.M. on National Highway No. 8. Deceased Gemalsing Velubha and other claimant Ranjitsingh Velubha were going on a motor cycle bearing No. GJM 1039 from Aslali to Ahmedabad railway station as Ranjitsinh wanted to return to his native place in Kutch by train. Deceased Gemalsing was driving the motor cycle and Ranjitsinh was sitting on the pillion. Near Lambha one Truck was coming from the opposite direction with head lights fully on. At that place one ONGC truck with trailer was parked on the road. The truck was bearing No. 9148 and the trailer was bearing No. 7663. The width of the truck and the tra...
Tag this Judgment!Mansingh Chhajuram Yadav and anr. Vs. State of Gujarat
Court: Gujarat
Decided on: Feb-22-1985
Reported in: (1985)2GLR895
J.P. Desai, J.1. Petitioner No. 1 (original accused No. 1) Mansingh Chhajuram Yadav owns a shop at Nadiad. He is dealing in milk, curd etc. Petitioner No. 2 (original accused No. 2) Kundankumar Chiranjilal Yadav was serving with petitioner No. 1. On 28-9-1978 at about 4-45 P.M. Jagdishchandra Barot, Food Inspector of Nadiad Municipality went to the said shop. Accused No. 2 was present at the shop at that time. The Food Inspector purchased about 600 grams of curd from accused No. 2 and collected the same in a vessel and divided the same in three parts and sealed the three parts as per the procedure laid down in the Act as well as in the rules. Accused No. 1 was not present at the shop at the time the sample was taken. One of the three samples was sent to the Public Analyst who on analysis found that it was adulterated, in that it contained excess water by 13% and that way did not conform; to the standards required by the Prevention of Food Adulteration Act, 1954 (hereinafter to be refer...
Tag this Judgment!indravadan Joshi Vs. Govt. of Gujarat and ors.
Court: Gujarat
Decided on: Feb-21-1985
Reported in: (1985)1GLR549; (1985)IILLJ571Guj
1. In this petition under Art. 226 of the constitution of India, the petitioners who are the office bearers of the Gujarat State Non-Government Adhyapan Mandir Karamchari Sangh have made a grievance regarding the inaction on the part of the 1st respondent State of Gujarat in referring the questing regarding revision of pay scales of teaching and non-teaching staff of non-Govt. primary teachers training colleges in the State of Gujarat to the third pay commission, respondent No. 2 herein for inviting its recommendations on the matter. Thus the grievance has been made on behalf of the entire teaching and non-teaching staff of the non-Government primary teachers training colleges in the State. 2. In order to appreciate the grievances of the petitioners it is necessary to note at the in outset a few relevant facts. In order to train primary school teachers who have to man both Government and Private Primary Schools in the State, Primary Teachers Training Colleges are being run. They are ca...
Tag this Judgment!Gujarat State Road Transport Corpn. Vs. Sugrbanu W/O ImamuddIn Sultana ...
Court: Gujarat
Decided on: Feb-21-1985
Reported in: 1(1985)ACC513
S.A. Shah, J.1. The Gujarat State Road Transport Corporation, Ahmedabad (hereinafter referred to as 'the Corporation') has filed First Appeal No. 282 of 1978 against the judgment and order dated 31-8-1977 passed by the Motor Accidents Claims Tribunal. Sabarkamha District at Himatnagar in Motor Accidents Claims Tribunal Application No. 7 of 1975 and the original claimants also being aggrieved by the said judgment and order of the Tribunal have filed cross appeal, being First Appeal No. 337 of 1978, claiming higher compensation.2. The short facts leading to the present appeals are that on 17-2-1975 at about 5.15 p.m. on Modasa Dhansura road a bus bearing No. G.T.D. 6301 of the Corporation, going from Modasa to Bayad, and a motor cycle bearing No. G.J.I. 1046 driven by Islamuddin Ramjanbhai with Imamuddin Sultanbhai as a pillion-rider, coming from the opposite direction, met with an accident, as a result of which, both, Islamuddin and Imamuddin died. The widow and heirs of said deceased I...
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