Gujarat Court September 1985 Judgments
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Jamnadas Vaghjibhai Patel Vs. Karamsad Urban Co-op. Bank Ltd.
Court: Gujarat
Decided on: Sep-13-1985
Reported in: (1986)1GLR304
N.H. Bhatt, J.1. This is a petition under Article 227 of the Constitution of India by a plaintiff of a suit under Section 96 of the Gujarat Co-operative Societies Act, and presently the opponent before the Board of Nominees. The suit is filed for a declaration that he is a duly elected Director of the respondent No. 1 Cooperative Society, as per the elections held in August, 1984 and he cannot be restrained from acting as such. The Society on the other hand was contending that he was removed from his office by the Registrar under Section 76B(1) of the Act, and he was disqualified on the day of the election, namely, August 1984, the Registrars Order being dated 27th January, 1984, his election itself was had and, therefore, he could not bank on his alleged election of August, 1984. The Nominee of the Registrar refused to grant the interim injunction and his order came to be confirmed by the Co-operative Tribunal in the revision application filed against that order, and that has given ri...
Dahyabhai Shanabhai Rathod Vs. Ramchandra Sakalchand Patel and anr.
Court: Gujarat
Decided on: Sep-13-1985
Reported in: (1986)1GLR648
A.P. Ravani, J.1. In food adulteration cases, why impose sentence less than the minimum prescribed under the Prevention of Food Adulteration Act? Why this misplaced sympathy? While answering the aforesaid question it is also necessary to resolve the problem, as to whether the Judge or Bench of Judges issuing show cause notice for enhancement of the sentence should or should not hear the same?2. The questions arise in the backdrop of the facts that follow:The petitioner is the orignal accused of Criminal Case No. 87 of 1982 of the Court of learned Metropolitan Magistrate (Court No. VI) Ahmedabad. It was alleged that he sold cow-milk to one Mr. R.S. Patel, Food Inspector of Ahmedabad Municipal Corporation on June, 24, 1982. The said sample of milk was collected by the Food Inspector in the presence of panchas and necessary formalities regarding dividing the sample, packing and sealing the sample were also done in presence of panchas. The sample was sent for analysis to the public analyst...
indulal Kanji Parekh Vs. Commissioner of Income-tax
Court: Gujarat
Decided on: Sep-12-1985
Reported in: (1986)53CTR(Guj)186; [1987]163ITR102(Guj)
A.M. Ahmadi, J.1. The assessee, a resident of Africa at the relevant point of time, derived income from house property as well as interest on bank deposits during the assessment year 1973-74. Initially, he submitted a return disclosing a total income of Rs. 4,000 in the status of non-resident but revised it to 'resident, but not ordinarily resident' subsequently and disclosed an interest income of Rs. 33,410 plus income from house property of Rs. 3,710. The original return was filed on March 23, 1974, and the revised return was submitted on September 10, 1974. In the course of the assessment proceedings, it was noticed that he had received an amount of Rs. 92,958.92, i.e., Rs. 92,959, by way of interest and the same was credited in his accounts maintained with the Bank of India at Rajkot and Bombay as non-resident account. The year-wise break-up of the interest is as under : Assessment year Status Amount of interest1970-71 Non-resident Rs. 37,744.521971-72 Resident but not ordi- Rs. 17...
Popatlal Ratilal Vs. State Bank of India and ors.
Court: Gujarat
Decided on: Sep-12-1985
Reported in: (1986)1GLR148
A.S. Qureshi, J.1. In this appeal, the appellant has challenged the order dated 25th April 1985 passed by the learned 3rd Joint Civil Judge (S.D.) Jamnagar below Ex. 13 in Special Civil Suit No. 148/84. The learned Counsel for the parties have argued all the questions of law arising in this appeal at considerable length and therefore at the request of the learned Counsel of all the parties, this appeal is treated as having been admitted and finally heard and disposed of by this judgment.2. The brief facts of the case may be stated here:The present appellant (original defendant No. 1) (hereafter-borrower) had taken a loan from the respondent No. 1 bank for purchasing a truck bearing registration No. GTP-5580. The Respondent Nos. 2 and 3 (hereafter-guarnators) stood sureties for the aforesaid loan. The borrower defaulted in payment instalments of the loan. The respondent bank further advanced loan to the present appellant for purchasing another truck No. GTP-5662. The borrower paid diffe...
Ranchhodbhai Keshavlal Kadia Vs. Damodar Veljibhai Mistry and anr.
Court: Gujarat
Decided on: Sep-11-1985
Reported in: (1986)2GLR867
A.P. Ravani, J.1. Despite innumerable built in checks against the conviction and sentence of offenders of food adulteration and despite meticulously woven safeguards providing for the easy escape on technical grounds, if an offender is convicted for an offence of food adulteration and if he is ordered to undergo sentence of RIGOROUS IMPRISONMENT instead of simple imprisonment, heavens may fall and probably the social equilibrium may be disturbed. This appears to be the underlying approach of the lower courts when they have preferred to impose sentence of simple imprisonment on the accused convicted of an offence of food adulteration. Such soft attitude is not permissible in view of the clear cut legislative mandate and the pronouncements by the Supreme Court.2. The petitioner of Criminal Revision Application No. 670 of 1978 is the original accused of Criminal Case No. 36 of 1977 of Metropolitan Magistrate (6th Court), Ahmedabad. He was charged for the offence under Section 16(1)(a)(i) ...
Gujarat State Road Transport Corporation Vs. Laxmidevi Janaksinhji and ...
Court: Gujarat
Decided on: Sep-10-1985
Reported in: 2(1986)ACC82
G.T. Nanavati, J.1. This appeal arises out of the judgment and award passed by the Motor Accident Claims Tribunal, Surendranagar in Motor Accident Claim Petition No. 32 of 1975. The appellant Gujarat State Road Transport Corporation is the original opponent No. 1 in the said claim petition.2. On 3-6-85 at about 1-30 p.m. there was a collision between an S.T bus bearing No. GTE 6720 belonging to 'the appellant Corporation and the car bearing No. GJY 5517 belonging to respondents No. 1 to 6 who were original applicants in the said claim petition. As a result of the said collision, the car was damaged and the occupants of the said car including applicants No. 2 and 6 received injuries. Therefore, the applicants filed Motor Accident Claims Petition No. 32 of 1975 claiming Rs. 40,000/-as compensation in respect of the damage caused to the car, Rs. 1,000/- as compensation for the injuries received by applicant No. 7 and Rs. 9,000/-as compensation for the injuries received by applicant No, 6,...
S. Hantukkumar Laxmikant Sharma Vs. Shah Kumudchandra Valchandbhai
Court: Gujarat
Decided on: Sep-09-1985
Reported in: (1986)1GLR232
J.P. Desai, J.1. The facts leading to the filing of this appeal may be briefly stated as follows:The suit property consists of a room bearing municipal census No. 1635/ 2 on the first floor of the house situated in TankshaFs pole at Ahmedabad. The suit property belongs to a joint Hindu family of Shah Kumudchandra Valchandbhai. The plaintiff is the manager. The suit property was let out to Pandit Joravarlal Ramlal on monthly rent of Rs. 15/- plus taxes and education cess. The said Joravarlal, according to the plaintiff, wanted to go away to his native place viz. Agra and transfer the suit premises to some one else and therefore suit No. 2804 of 1973 was filed against the said Joravarlal in the court of Small Causes at Ahmedabad to obtain permanent injunction to restrain him from transferring the suit property to any one else and injunction was accordingly granted in that suit on 14-3-1977. The plaintiff was in need of the suit permises and therefore, he gave a notice by registered post ...
Kanubhai Ramjibhai Rabari Vs. Kalabhai Jaisingbhai and ors.
Court: Gujarat
Decided on: Sep-09-1985
Reported in: (1986)1GLR308
A.P. Ravani, J.1. The original complainant Kanubhai Ramjibhai Rabari whose brother Babubhai Ramjibhai has been killed in the incident which took place on June 26, 1985, has filed this application for cancellation of bail granted by the learned Sessions Judge, Mehsana, in Criminal Misc. Application No. 394 of 1985 as per his order dated July 6, 1985. The prayer for cancellation of bail of Kalabhai, accused No. 1 is not pressed at the initial stage, since he has been ordered to be released on bail by this Court for a temporary period so as to enable him to appear at the examination only. This term of bail is to expire very soon.2. It is alleged that one of the prosecution witnesses, namely, Dharamsingbhai Govindbhai was threatened by the accused. He was told that he should make an affidavit in their favour or he would also meet the same fate as that of Babubhai Ramjibhai. In this respect, the witness Dharmsingbhai has filed a complaint on August 10, 1985 with the Kadi Police Station. The...
Commissioner of Income-tax Vs. Vakharia Cotton Traders
Court: Gujarat
Decided on: Sep-06-1985
Reported in: (1986)50CTR(Guj)83; [1986]161ITR441(Guj)
B.S. Kapadia, J.1. The present reference is made under section 256(1) of the Income-tax Act. The question referred is as under : 'Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the order of penalty passed by the Inspecting Assistant Commissioner on March 18, 1975, was time-barred ?' 2. The facts leading to the present reference are as under : The assessee is a registered firm under the Income-tax Act and consisted of four partners in the relevant assessment year 1957-58. The assessment was originally completed on January 29, 1959, on a total income of Rs. 67,648. Later on, the Income-tax Officer reopened the assessment under section 34 of the 1922 Act and passed a fresh order on April 9, 1964, on a total income of Rs. 1,47,648 adding Rs. 80,000 as income of the assessee from the business in the name of Isab Ahmed Mussa. The assessee took the matter in appeal before the Tribunal and the Tribunal, by its order in Income-tax Application ...
Bai Laxmiben Vs. Bharatbhai Vechatbhai Patel and anr.
Court: Gujarat
Decided on: Sep-06-1985
Reported in: 1986CriLJ1418; (1986)1GLR272
ORDERA.P. Ravani, J.1. Substitute illusion for reality : Such is the claim made by the petitioner-husband, who has succeeded in getting divorce and discharging his liability for future maintenance of the divorcee by paying lump sum amount of Rs. 901/- in all. Can law countenance illusory payment of lump sum amount as future maintenance and discharge the husband from his liability to provide necessary wherewithal for the maintenance of the divorcee?2. The petition arises out of maintenance proceedings instituted by the petitioner-wife against opponent 1 husband. The petitioner filed Criminal Misc. Application No. 35 of 1983 in the Court of JMFC, Kalol. She claimed that earlier she had filed an application for maintenance being Criminal Misc. Application No. 50 of 1979. In that application there was a compromise between the parties and the application was dropped. The marital tie was dissolved by executing a deed of divorce dt. Dec. 21, 1981 which is produced at Exh. 14. As per the deed ...
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