Gujarat Court November 2000 Judgments
Pranjivandas Khushaldas Vs. Dhanaben Wd/O Devchand
Court: Gujarat
Decided on: Nov-24-2000
Reported in: (2001)4GLR3157
Acts/Rules/Orders: Bombay Rent Act - Section 29(2); Transfer of Property Act - Sections 13(1) and 108Disposition: Application allowedJUDGEMENTD.C. Srivastava, J.1. This is landlord's revision under sec. 29(2) of the Bombay Rent Act against the concurrent judgments and decrees of the trial Court as well as the appellate Court.2. The brief facts giving rise to this revision are as under :-The revisionist/landlord filed a suit for eviction against Devchandbhai Jamnadas, who died during pendency of the suit. Suit for eviction and recovery of arrears of rent, etc. was filed on variety of grounds. One ground seeking eviction was that the tenant was in arrears of rent for morethan six months, which he failed to pay within a month of service of notice of demand. The second was that the demised premises was reasonably and bonafidely required by the landlord for his personal use and occupation. The third was that the defendant committed breach of terms of tenancy and acted contrary to the provis...
Tag this Judgment!Palitana Sugar Mill Pvt. Ltd. Vs. State of Gujarat
Court: Gujarat
Decided on: Nov-24-2000
Reported in: (2001)4GLR3048
D.M. Dharmadhikari, C.J.1. A common judgment, in this petition, and in group of petitions arising from Bhavnagar being Special Civil Applications Nos. 941 of 1980, 4210 of 1985, 2716 of 1998, 4153 of 1991, 4427 of 1992, 4733 of 1992 and 4847 of 1992, group of petitions arising from Surat being Special Civil Applications Nos. 8882 of 1999, 8885 of 1999, 6519 of 1998, 6461 of 1996 and a petition arising from Vadodara being Special Civil Application No. 3537 of 1998, is being passed.2. In this group of petitions arising from Bhavnagar, Surat and Vadodara, the petitioners in some of the cases, who are land owners, have claimed a declaration that the reservation of the lands belonging to them for educational purposes of University stand statutorily lapsed, entitling the land owners to use of those lands, for their benefit by development and construction, in accordance with other regulatory provisions of the Gujarat Town Planning and Urban Development Act, 1976 (for brevity, hereinafter refe...
Tag this Judgment!Cit Vs. Light Publication Ltd.
Court: Gujarat
Decided on: Nov-24-2000
Reported in: (2001)167CTR(Guj)450
A.R Dave, J.As questions referred to this court in all these references are common, at the request of the learned advocates, the references are heard together and are disposed of by this common judgment.2. At the instance of the revenue , the following two questions of law have been referred to this court by the Tribunal, Ahmedabad Bench 'C', under the provisions of section 256(1) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act').'1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in coming to the conclusion that the status of the assessee-company should be treated as public limited company?2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in coming to the conclusion that notwithstanding the provisions of section 2(18) of the Income Tax Act, 1961. The status of the assessee-company should be taken as a public limited company?'3. The short question which has arisen in all these referenc...
Tag this Judgment!Harkishandas M. Dumasia Vs. Mohanlal Makanji Dumasia and ors.
Court: Gujarat
Decided on: Nov-23-2000
Reported in: (2001)3GLR1881
M.R. Calla, J.1. This matter has come up before this Bench for the limited purpose of answering the four questions as have been framed by the learned single Judge (Coram : Hon'ble S. D. Shah, J., as he then was) by his order dated 31-7-1997. The questions, which have been referred, are as under :-(1) Whether the order passed by His Lordship C. V. Jani, J., (as His Lordship then was) in C.R.A. No. 871 of 1993 more particularly set out hereinabove was just, proper and maintainable in law in view of the specific averments contained in para 2 of the said Civil Revision Application which, inter alia, included the statement that the cross-objections which were filed in the lower appellate Court were rejected, and therefore, independent Civil Revision Application was preferred in the High Court?(2) Whether rejection of the cross-objections on merits by the learned District Judge, Surat, in Regular Civil Appeal No. 150 of 1985 would bind the landlords and would necessarily confer the right of ...
Tag this Judgment!Varghese O. Vs. Mukund Construction Co.
Court: Gujarat
Decided on: Nov-23-2000
Reported in: (2001)GLR806
M.R. Calla, J.1. This Appeal is directed against the judgment and decree dated 24.1.92 passed by the 3rd Joint Civil Judge (S.D.) at Nadiad in Special Civil Suit No.18/86 whereby the suit was decreed against defendants Nos.1 and 2 holding them to be jointly and severally liable for payment of Rs.51,037-10 Ps. with interest at the rate of 12% per annum from the date of the filing of the pauper application i.e. 19.3.84 till the day of full realisation of suit amount and with cost of the suit.2. The Plaintiff in whose favour the Special Civil Suit was decreed as above has preferred this Appeal before this Court with the grievance that he was entitled to a sum of Rs.2,53,000/-- but the suit has been decreed only partly.3. The plaintiff i.e. the appellant herein was employed with the respondent No.1 Mukund Construction Co., defendant No.2 being the Insurer. The plaintiff had filed the Special Civil Suit with allegations that he had joined the job of the Company as a turner on 30.4.83 at the...
Tag this Judgment!Commissioner of Central Excise, Ahmedabad-i Vs. Gujarat Medicraft Pvt. ...
Court: Gujarat
Decided on: Nov-22-2000
Reported in: 2001(75)ECC256
M.S. Shah, J.1. All these applications are filed by the concerned Commissioner of Central Excise under Section 35H of the Central Excise Act, 1944. The question sought to be raised in these applications is - 'whether the gate passes issued prior to 1.4.1994 but endorsed during the period between 1.4.1984 and 30.6.1994 would fall under the coverage of entry Nos. 10 and 12 in the table to the Notification No. 15/94-CE(NT), dated 30.3.1994 and would consequently become eligible documents for taking credit under the Modvat scheme.'2. We have heard Ms. P. J. Davawala, learned Additional Standing Counsel for the department and Mr. P. M. Dave for the respondent in CECGA No. 16 of 2000. We have also heard Mr. B. I. Mehta, learned Additional Standing Counsel for the department in the other two applications. 3. The notification which is required to be interpreted reads as under :- 'Modvat - Procedures to be observed by the manufacturer'(Add on page 6.108 of Central Excise Manual 1994-95) 4. In e...
Tag this Judgment!Kandla Port Trust, Trustees of Board Vs. Asia Foundation and Construct ...
Court: Gujarat
Decided on: Nov-21-2000
Reported in: (2001)2GLR1459
M.R. Calla, J.1. This is a defendant's First Appeal under Section 96 of the Civil Procedure Code against the judgment and decree dated 29-1-2000 passed by Civil Judge (S.D.), Gandhidham-Kutchh in Special Civil Suit No. 293 of 1995 whereby he has made Umpire's award dated 5-5-1994 to be the rule of the Court under Section 17 of the Arbitration Act, 1940 and has upheld the rejection of the claim of defendant and decreed the claim of the original plaintiff.2. The appellant i.e., original defendant, namely, Board of Trustees of the Port of Kandla, is a body corporate constituted under the Major Port Trusts Act, 1963, (hereinafter referred to as 'K.P.T.' for the sake of brevity) and the respondent herein i.e., original plaintiff is Asia Foundation and Constructions Ltd. (hereinafter referred to as 'A.F.C.O.N.S.').3. Briefly staled the facts giving rise to the present Appeal are as under :-K.P.T., invited sealed item rate tenders for 'Construction of Seventh Cargo Berth at New Kandla'. The w...
Tag this Judgment!Naren Advertising and Marketing and anr. Vs. State Bank of Saurashtra ...
Court: Gujarat
Decided on: Nov-21-2000
Reported in: AIR2001Guj222; (2001)3GLR2671
K.M. Mehta, J.1. Naren Advertising and Marketing, a Partnership firm (original plaintiff No. 1) and Narendra Chandulal Shah (original plaintiff No. 2) who are also petitioners in this revision application have challenged the judgment and order dated 14th August, 2000 passed by the Judge, City Civil Court, Ahmedabad in Civil Suit No. 5962 of 1988. The learned Judge was please to reject the said application below Ex. 54, by which plaintiffs have prayed for calling witness summons and production of other documents made therein as prayed for in this application.2. The facts giving rise to this application are as under :-2.1. The plaintiff No. 1 is a partnership firm, registered under the Partnership Act. The plaintiff Nos. 2 and 3 are the partners and plaintiff No. 2 is a Managing Partner thereof. It appears from the record that from some time, the plaintiff-firm has become also sole proprietor. However, subsequently, other partners were indicated in this behalf. The plaintiff-firm was car...
Tag this Judgment!B.P. Joshi Asstt. Admn. Officer Vs. United India Insurance Co. Ltd.
Court: Gujarat
Decided on: Nov-20-2000
Reported in: (2000)GLR334
J.N. Bhatt, J.1. By this appeal under Clause 15 of the Letters Patent, the appellant Mr B P Joshi, an Administrative Officer working with the respondent-Insurance Company of the United India Insurance Company Ltd., at the relevant time, has questioned the legality and validity of the judgment recorded by the learned Single Judge on 9.11.1998 in Special Civil Application No. 4516/98 whereby, the writ petition summarily came to be dismissed against the order of termination passed by the respondent authority on the ground of misconduct and misappropriation of public funds to the extent of Rs. 83,474/-.2. A resume of the material and relevant facts giving rise to the present LPA may be highlighted at this juncture so as to appreciate and examine the merits of the appeal and the impugned order, at the admission stage.3. The appellant is the original petitioner, who came to be appointed as an Accounts Clerk by the respondent Insurance Company on 16.7.1966. He, therefore, was maintaining the ...
Tag this Judgment!Food Corporation of India Workers' Union Vs. Food Corporation of India ...
Court: Gujarat
Decided on: Nov-17-2000
Reported in: (2001)ILLJ1296Guj
H.K. RATHOD, J. 1. Jawaharlal Nehru, the first Prime Minister of this Republic while dreaming of elevating the lot of the common man of this country, once stated : 'Our final aim can only be a classless society with equal economic justice and opportunity to all, a society organized on a planned basis for the raising of mankind to higher material and cultural levels. Everything that comes in the way will have to be removed gently, if possible, forcibly, if necessary, and there seems to be little doubt that coercion will often be necessary.' 2. These were his prophetic words about three decades back. More than a quarter of century has run out since he left us but there has yet been no percolation in adequate dose of the benefits the constitutional philosophy stands for to the lower strata of society. TOLSTOY wrote : 'The abolition of slavery has gone on for a long time. Rome abolished slavery. America abolished it and we did it but only the words were abolished, not the thing.' 3. Perhap...
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