Gujarat Court February 1985 Judgments
D.N. Anerao Vs. Maheshkumar Kantilal Soni and ors.
Court: Gujarat
Decided on: Feb-20-1985
Reported in: 1986(9)ECC76; 1987(27)ELT32(Guj); (1985)2GLR1370
1. Shri D.N. Anerao, Assistant Collector of Customs (preventive), Gujarat at Ahmedabad filed a complaint against the present respondents Maheshkumar Kantilal Soni and Narendrakumar Kantilal Shah and one Fulchand Chandulal Jail for an offence punishable under section 135A/135 of the Customs Act, 1962 (hereinafter referred to as 'the Act' for the sake of brevity), on the allegation that they made preparation to transport silver from Ahmedabad the specified area on the Saurashtra or Kutch sea coast and thereby committed the above offences. 2. The case of the complainant briefly stated is that on 6th February, 1983 the officers of the customs department received a definite intelligence, to the effect that silver was to be transported on that date in the afternoon in a white Ambassador car bearing no. MBE 648 from Ahmedabad to Saurashtra coast for export out of India and the said car would be piloted by a yellow coloured scooter bearing No. GRA 2351. The customs officers along with two panc...
Tag this Judgment!Canara Bank Vs. Gordhandas Damodardas and anr.
Court: Gujarat
Decided on: Feb-19-1985
Reported in: (1986)2GLR1188
A.P. Ravani, J.1. What is the remedy of third party in whose hands the property belonging (or alleged to be belonging) to the defendant is attached before judgment and the attachment before judgment and/or prohibitory order is confirmed by the court after hearing the parties? Will it not be open to such 'third party' to file an appeal from order or will he be obliged to file regular appeal treating the order of attachment before judgment and/or order of prohibition as 'decree'. This is one of the main questions which has arisen in these proceedings.Appeal from Order No. 259 of 1984 has been filed by Canara Bank against the order dated August 7, 1984 passed below Exh. 5 application in Special Civil Suit No. 92 of 1984 by the learned Civil Judge (SD), Jamnagar. Respondent No. 1-Gordhandas Damodar filed the aforesaid suit against respondent No. 2-M/s. Reliable Extraction Industries Private Ltd. having its registered office at Bombay for recovery of an amount of Rs. 13/- lakhs. It is alleg...
Tag this Judgment!Patel Nagji Madhu and ors. Vs. Bai Rajubai Heirs of Deceased Masuba1 W ...
Court: Gujarat
Decided on: Feb-18-1985
Reported in: (1985)2GLR875
A.M. Ahmadi, J.1. This petition under Article 226 of the Constitution of India is directed against the order passed by the Gujarat Revenue Tribunal in Appeal No. TEN. A.R. 514 of 1976 dated 10th August, 1977. The petitioners are tenants of Survey No. 33/8 admeasuring approximately 126 acres and 34 gunthas of village Mota Samadhiala of Khambha Mahal, Amreli district. This land originally belonged to one Sonbai and on her death her daughter Bai Masubai inherited it. The said Masubai after terminating the tenancy on the ground that she needed the land for her personal cultivation applied for eviction under Section 31 (4)(b) of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter called 'the Act'). The said application No. 7 of 1973 was disposed of by the Mahalkari on 12th August, 1974 holding that the landlady was entitled to possession of half the land. The tenants feeling aggrieved by this order preferred an appeal, being appeal No. 10 of 1974, which was disposed of by the D...
Tag this Judgment!Mahendra P. Desai Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Feb-15-1985
Reported in: (1985)2GLR1056
B.S. Kapadia, J.1. The present application is directed against the order passed on Exh. 11 in the Criminal Case No. 3285 of 1983 by the learned Judicial Magistrate First Class, Anand on 7th November 1983.2. The facts in short leading to this revision application are as under:3. In the aforesaid case the Police has filed the charge sheet and the learned Magistrate has taken cognizance of the case and also framed the charge. The original complainant Mahendra P. Desai made an application purporting to be under Section 173(8) of the Criminal Procedure Code and submitted that the complainant has a doubt that the police has colluded with the accused and/or deliberately or ignorantly the proper investigation has not been done and he pointed out certain defects in the investigation as detailed in the said application. The said application was opposed on behalf of the accused. After considering the contentions raised therein the learned Magistrate has dismissed the said application.4. Shri H.M....
Tag this Judgment!Dynamo Dilectrics Vs. Union of India
Court: Gujarat
Decided on: Feb-14-1985
Reported in: 1995(76)ELT41(Guj)
N.H. Bhatt, J.1. This is a petition by one partnership firm and its partners, who are stated to be citizens of India, challenging the two decisions of the respondent No. 3, being Annexures H and I respectively of February 1983, decided after issuance of the two notifications, Annexures E and F of 19-6-1981 and 20-6-1981 calling upon the petitioners why the classification of the goods manufactured by them and accepted or approved as falling under Entry 22F of the First Schedule appended to the Central Excises and Salt Act, 1944 be not changed. This would have obviously the civil consequence on the petitioners' rights and that is why they had filed this petition for the following prayers to be found at page 30. (A) Your Lordships will be pleased to issue a writ of mandamus or a writ in the nature of mandamus or a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction quashing and setting aside the Tariff Advices No. 48/79 and 120/81 at ...
Tag this Judgment!Manubhai Babubhai Patel Vs. Deputy Conservator of Forests and anr.
Court: Gujarat
Decided on: Feb-13-1985
Reported in: (1985)2GLR836
B.S. Kapadia, J.1. The petitioner has filed the present petition against the order of confiscation of the vehicle being the tempo bearing No. GTO 927 passed by the Deputy Forest Conservator, Valsad dated 7th June 1984 and also against the order dismissing the appeal filed by the petitioner against the order of confiscation, passed by the learned Sessions Judge, Valsad at Navsari dated 21-8-1984 in the Criminal Appeal No. 33 of 1984.2. The short facts of the case can be stated as under:3. That Mr. D.R. Bhagat, Range Forest Officer, Vansda got the information that forest wood would be stolen and removed from the Reserved Forest in the Tempo bearing No. GTO 927 during night time on 24th December 1983. On receiving the said information said Mr. Bhagat, Mr. M. A. Pathan who is the Forester of Sara Nursery and the persons of Village Sara came in the truck bearing No. GTO 2160 at about 2.00 to 3.00 a m. on the said day and they saw the tempo bearing No. GTO 927. The tempo was fafacing Vansda ...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Shakuben and ors.
Court: Gujarat
Decided on: Feb-12-1985
Reported in: II(1985)ACC141; 1986ACJ778; [1987]62CompCas876(Guj)
Ravani, J.1. All these appeals arise out of a common award passed in different motor accident claim petitions by the Motor Accident Claims Tribunal, Nadiad, on January 20, 1976. First Appeals Nos. 965, 967, 968and 969 of 1978 have been filed by New India Insurance Co. Ltd. and the cross- objections have been filed by the United India fire and General Insurance Co. while First Appeals Nos. 244 and 245 of 1978 have been filed by M/s. Jaipur Golden Transport Co. Ltd. 2. Two trucks bearing Nos. GTG 2463 and RSM 6887 were proceeding in opposite directions. Truck GTG 2463 was proceedings from Demai to Kapadwanj side while truck RSM 6887 was proceeding from Kapadwanj to Demai side. Truck GTG 2463 had been insured with the United India Fire and General Insurance Co. while truck RSM 6887 had been insured with the New India Assurance Co. On account of collision which took place between the two trucks, six persons died including the driver of truck RSM 6887. Four persons received injuries on acco...
Tag this Judgment!National Insurance Co. Ltd. Vs. Smt. Nathibai Chaturbhuj and ors.,
Court: Gujarat
Decided on: Feb-12-1985
Reported in: [1986]60CompCas283(Guj)
Mehta J. 1. These three appeals by the insurer challenge the awards made by the Motor Accidents Claims Tribunal in three cases arising out of the same accident. The matter had gone to the Full Bench on the question of liability of the insurance company and that judgment is New India Assurance Co. Ltd. v. Smt. Nathiben Chatrabhuj [1984] 55 Comp Cas 568 (Guj) [KB] and the question which was referred to the Full Bench was as under (at p. 570):' Where the vehicle is on the date of the contract of insurance a vehicle not covered by a permit to ply for hire or reward, whether a passenger on payment will get the benefit of the statutory insurance ?'2. And the Full Bench has answered the question as under (at p. 589) :' The liability in respect of the death of, or bodily injury to, a passenger carried for hire or reward on the insured vehicle when the accident giving rise to the claim occurred, including the liability in respect of the owner or hirer of the insured vehicle or his bona fide emp...
Tag this Judgment!State of Assam Vs. AmiruddIn and ors.
Court: Gujarat
Decided on: Feb-12-1985
Reported in: 1986CriLJ1913
K. Lahiri, A.C.J.1. This reference has been made by Mr. M. M. Sarkar Additional Chief Judicial Magistrate Nagaon purporting to exercise power under Section 395(1) of the Cr. P.C. 1973 for short 'the Code'.2. The relevant facts leading up to the reference are that G. R. Case No. 4505 of 1983 was transferred to the learned Magistrate in which five accused were charge-sheeted under Section 379 I.P.C. On 17-1-1984 one Ayub Ali claiming himself to be the first informant of the case and the accused Amiruddin Ahmed filed a joint application seeking permission to compound the offence. The application was signed by one Shri Pabitra Bora Advocate. The parties filed another application to compound the offence. Learned Magistrate examined the first informant and accepted the prayer for compounding the offence and acquitted the accused persons of the charges under Section 3791. P.C. acting under Section 320(2) read with Section 320(8) of the Code.3. An offence under Section 379 IPC where value of t...
Tag this Judgment!National Insurance Co. Ltd. Vs. Nathibai and ors.,
Court: Gujarat
Decided on: Feb-12-1985
Reported in: 1(1986)ACC185
R.A. Mehta, J.1. These three appeals by the insurer challenge the awards made by the Motor Accident Claims Tribunal in three cases arising out of the same accident. The matter had gone to the Full Bench on the question of liability of the Insurer Company and that judgment is reported in 23 (1) GLR 411 and the question which was referred to the Full Bench was as under:Where the vehicle is on the date of the contract of insurance a vehicle not covered by a permit to ply for hire or reward, whether a passenger on payment will get the benefit of the statutory insurance?And the Full Bench has observed the question as under:The liability in respect of the death of or bodily injury to a passenger carried for hire or reward on the insured vehicle when the accident giving rise to the claim occurred, including the liability in respect of the owner or hire of the insured vehicle or his bonafide employees within the permissible limit, will be covered by the statutory insurance either by virtue of ...
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