Court : Gujarat
Reported in : AIR1968Guj57; (1968)GLR376
Bhagwati, J.1. This is an appeal against a decree passed by the Civil Judge, Senior Division, Bhavanagar, directing defendants Nos. 1, 3 and 4 to pay to the plaintiffs Rs. 12,879-7-0 as and by way of damages for breach of a contract dated 14th August 1954 alleged to have been committed by them. The plaintiffs are a partnership firm and they carry on business of manufacture and sale of groundnut oil in Bhavanagar. The first defendants are also a partnership firm on which the original defendant No. 2 and defendant No. 3 were at the material time partners. The fourth defendants are a Limited Company carrying on business in Hongkong. On or about 14th August 1954, as a result on negotiations which took place between Messrs. D. N. Marshall and Company acting as broker for the plaintiffs on the one hand and the first defendants on the other, a contract was entered into between the plaintiffs and the first defendants for sale of 50 tonnes of groundnut oil packed in sound second-hand 40/45 gall...
Tag this Judgment!Court : Gujarat
Reported in : AIR1966Guj248; (1966)GLR341(GJ)
ORDER1. Two contentions have been raised in this petition (1) challenging the validity of the notification dated May 29, 1962 issued by the Collector. Broach District under Section 10 of the Bombay Village Panchayats Act. 1959 on the ground that the Collector had no authority to issue a fresh order under that section once he had already issued a previous order, thereby exhausting his power under the provisions of Section 10, and (2) that assuming that he had such power, the impugned notification and the order which it notified were issued mala fide for an oblique purpose extraneous to the purpose envisaged by Section 10 of the Act. In order to appreciate these two contentions raised by Mr. Nanavati on behalf of the petitioner, it is necessary to stale a few relevant facts 2. The pelitionci1 at the material time was a resident of village Tankari in Broach District The local area of Tankari Bunder was declared to be a village under Section 4 of the Act. At all material limes, the petitio...
Tag this Judgment!Court : Gujarat
Reported in : AIR1976Guj37
T.U. Mehta, J.1. This appeal arises out of the appellant's petition before the Motor Accidents Claims Tribunal, Ahmedabad. for getting the compensation of Rs. 17,700/- on account of the injuries received by her as a result of collision with a passenger bus belonging to the Ahmedabad Municipality on 22nd July, 1968. on Maninagar-Vatva road between Uttamnagar and Prakashnagar bus stops in the evening at about 5.20 p. m. The learned Judge of the Tribunal having dismissed the appellant's claim petition, the appellant-petitioner has preferred this appeal. The petition was registered before the said Tribunal as application No. 15/69.2. The facts of the case are that the appellant-petitioner is studying in school and is residing with her parents at Isanpur. At the time of the accident she was of 16 years of age and was studying in 9th Standard. She was usually going to her school and returning home on cycle. On the day of the incident after her school hours were over she was returning home an...
Tag this Judgment!Court : Gujarat
Reported in : AIR1982Guj222
P.D. Desai, J. 1. This Letters Patent Appeal is directed against the decision rendered on August 16, 1979 in First Appeal No. 514 of 1975 by M. K. Shah, J. The appeal before M. K. Shah, J. was under See. 299 of the Indian Succession Act, 1925 (hereinafter referred to as 'the Act') and it was directed against the decision dated Dec. 30, 1974 rendered by the Second Joint Civil judge. Senior Division, Nadiad, in Miscellaneous Application No. 7 of 1970 purported to have been made under See. 276 of the Act, where under probate of the will dated April 13, 1961 executed by one Dahyabhai Nanabhai Patel. who died on October 21/22, 1967, was granted to the respondent. M. K. Shah, J. dismissed the appeal and hence the present Letters Patent Appeal.2. On Jan. 29, 1970. the respondent made the application giving rise to this appeal in the Court of the District Judge, Kaira, stating, inter aha, that the document annexed to the application was the last will and testament of Dahbhai Nanabhai Patel and...
Tag this Judgment!Court : Gujarat
Reported in : AIR1972Guj166
Sheth, J.1. This appeal is directed against the judgment and preliminary decree passed by the learned Joint Civil Judge. Senior Division, Nadiad, in Special Suit No.50 of 1964, dated 28th July 1966.2. The appellants are original defendants Nos. 1 to 12. Respondent No.2 Ramanlal Narandas is original defendant No.13, whose name has been deleted at the request of the appellants' Advocate. Respondent No.1 Dolatram Chauharmal is original plaintiff, (parties will be hereinafter referred to as 'the plaintiff' and 'the defendants' as the case may be).3. The plaintiff filed the aforesaid suit for recovery of his mortgage dues to the tune of Rs.1,22,980/- by sale of the mortgaged properties, described in Schedule 'A' attached to the plaint. A said suit was based on the mortgage deed, Ex.108, dated 29-9-1952, passed by defendant No.1 Narayanbhat Mahijibhai and one Ranchhodhai Bakorbhai, whose heirs and legal representatives are defendants Nos.2 to 12. 4-7. x x x x x 8. Mr. A.N.Surti, appearing fo...
Tag this Judgment!Court : Gujarat
Reported in : AIR1978Guj82; (1977)0GLR549
J.B. Mehta, J. 1. These Special Civil Application which are before us are dismissed with costs. The reasons will follow, Interim relief, if any, granted in each of these petitions, is vacated, Rule discharged.The learned counsel appearing for the petitioner in these petitions (except Special C.R.1236/65) made an oral application for leave to appeal to the Supreme Court under Article 13(1) of the Constitution, We are unable to certify that any substantial question of law of general importance which in our opinion, requires to be decided by the Supreme Court arises in this batch of Special Civil Application. Leave refused:.We, therefore, now give our reasons for the said decision.2. In all these petitions, the petitioners have been issued notices of eviction under S. 54 of the Bombay Town Planning Act, 1954 (hereinafter referred to as 'the Act') read with Rule 27 of the Bombay Town Planning Rules, 1955 (hereinafter referred to as 'the Rules) because their right to occupy their-final plot...
Tag this Judgment!Court : Gujarat
Reported in : (2009)2GLR1298
Rajesh H. Shukla, J.1. The present Appeal has been preferred by the Appellant - Original Defendant - wife ('Appellant wife'), challenging the impugned judgment and order passed by the Family Court in Family Suit No. 329 of 2000 dated 18th March 2002, allowing the petition for divorce filed by the Respondent 'Original Petitioner - husband ('Respondent husband'), for dissolution of marriage on the ground of cruelty under Section 13(1)(ia) of The Hindu Marriage Act, 1955 ('the Act').2. The facts of the case briefly stated are:2.1 The marriage between the Respondent husband and the Appellant - wife was solemnized on 21.5.1995 as per Hindu Rites and Rituals. After marriage, they started living together as husband and wife, and a daughter was born out of the wedlock. Thereafter, the quarrel started, and the wife left the matrimonial house. Some efforts were made thereafter for reconciliation, but resulted in failure. Therefore, the Respondent - husband filed Family Suit No. 329 of 2000 seeki...
Tag this Judgment!Court : Gujarat
Reported in : II(1991)ACC323; 1992ACJ321; (1991)1GLR597
S.D. Dave, J.1. A man aged about 54 years, healthy in every respect, was returning to his house on his scooter. He was knocked down by a speeding S.T. vehicle causing multiple fractures on his person. He was admitted in the hospital and the traction was advised. He was removed out of the hospital with a view to continue the traction at his residence. He had certain complaints during the intervening period. He dies on the 6th or 7th day of the accident and the probable cause of death, certified by the medical expert, is 'fat embolism', which is a common complication in case of multiple fractures when long bones are involved. In the award rendered by the Motor Accidents Claims Tribunal, Ahmedabad city, it is said that there was no nexus or connection between the death of the deceased and the accidental injuries. The question, therefore, in the present appeal is as to whether the claimants would be entitled to the compensation on the head of loss to the estate on the basis that there is a...
Tag this Judgment!Court : Gujarat
Reported in : (1977)18GLR542
A.N. Surti, J.1. The petitioner-tenant was aggrieved by the eviction decree passed by the learned Extra Assistant Judge, Baroda in Regular Civil Appeal No. 52 of 1969, which had arisen out of the judgment and decree passed by the learned Civil Judge, (J.D.), Karjan in Regular Civil Suit No. 41 of 1966. The learned Extra Assistant Judge took the view that the petitioner-tenant is not entitled to any protection under Section (12)(3)(b) of the Bombay Rent Act. The learned trial Judge passed the decree against the petitioner-tenant under Section 12(3) (a) of the Rent Act and he also took the view that the petitioner-tenant is not entitled under Section 12(3) (b) of the Bombay Rent Act.2. A few relevant facts giving rise to the present revision application may be stated in brief. By the rent note dated April 8, 1962 vide Ex 24 the suit premises were let out for the residential purpose of the petitioner tenant and it was agreed in the said rent note that the petitioner tenant the petitioner-...
Tag this Judgment!Court : Gujarat
Reported in : (1973)14GLR1005
B.K. Mehta, J.1. An interesting question arises in this revision, namely, whether a customer can sue his banker for accounts The question arises in the following circumstances:The applicant herein is doing the business of selling cloth in Ahmedabad and for purposes of his business had certain banking facilities with the opponent-Bank herein. There were two types of accounts with the opponent-Bank namely; (i) Key Cash Credit Account and (ii) Bills Purchase Account. For the purposes of having facility in the first account, the applicant used to hand over the key of his godown where his bales of cloth were stored to the opponent-Bank with a complete control over the same. The opponent-Bank used to maintain accounts of the bales deceived and replaced in the said godown from time to time and on the basis of the valuation of the stock of the bales in custody of the Bank, advances were made to the extent of 70 per cent of the price of the goods subject to maximum of Rs. 2,50,000/- The applica...
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