Court : Gujarat
Reported in : AIR1973Guj29
1. All these revision application arise out of the order granting the petitioner conditional leave to defined in different suits filed against him by the different opponents of there revisions application in the Court of small causes at Ahmedabad. The claim made by each of the opponents in all these suits if for the amount of Rs. 2,000/-. The contention of every opponents is that he has paid Rs. 2,000/- to the petitioner as deposit for becoming a member of the proposed 'Sudhashu Co-operative Housing Society'. According to the opponents after the receipt,. of the these amount the petitioner file din forming the Society and also failed in purchasing any land for the proposed society. The opponents, therefore claim that the petitioner should refund the amount of deposit given by each of them. As against this, the main contention, which is raised buy the petitioner in all these suit is that each of the opponents had paid the amount of Rs., 2,000/- not as deposit, but as contribution toward...
Tag this Judgment!Court : Gujarat
Reported in : (1977)18GLR848
J.B. Mehta, Ag. C.J.1. The plaintiffs-landlords have come in this Revision-Application as both the Courts have refused to pass the decree of eviction from the suit block after the defendant-tenant had shifted to his newly constructed bungalow on October 20, 1969.2. The short facts which have given rise to this litigation are as under. The defendant, Dr. Kantilal Shah has been a tenant in the suit house of the plaintiffs. There is a dispute as to whether the first block was given in 1946 as stated by the defendant or in 1948 as stated by the plaintiffs or whether this suit block which has been almost for all the time used as residential block was first let or after some short time as contended by the defendant. The defendant, however, had also got from time to time three other blocks in this very building. Thereafter, when in 1958 the defendant shifted to the hospital premises near Dandia Hanuman, where he had got four blocks out of which one he occupied for his residence and three for ...
Tag this Judgment!Court : Gujarat
Reported in : AIR1979Guj98; (1978)GLR1076
1. The parties to this Second Appeal were married in village Sander District Mehsana according to Hindu rites, some time in the year 1961. The husband contends that they last resided together in Bhavnagar in the month of Dec. 1970 and thereafter his wife deserted him and refused to resume cohabitation. On this ground, he filed a petition No. 39/71 in the court of the learned Civil Judge, Senior Division, Bhavnagar, under Section 9 of the Hindu Marriage Act, 1955, hereinafter called 'the Act' for restitution of conjugal rights. The respondent-wife, though served with the summons of the said petition, did not enter appearance and allowed it to be disposed of ex parte. The learned Judge framed issues at Ex. 6 and came to the conclusion that the respondent-wife had, without reasonable excuse, withdrawn from the society of the husband. He, therefore, granted a decree for restitution of conjugal rights under section 9 of the Act on 23rd August, 1971. The certified copy of the judgment in the...
Tag this Judgment!Court : Gujarat
Reported in : AIR1989Guj57; (1988)2GLR802
ORDER1. The petitioner submitted an application for fixation of standard rent of the premises in his possession asserting his right as tenant, but the respondents Nos. 1, 2 and 3, the Trustees of Jivibai alias Mongibai Will Trust denied the relationship of tenant and landlord and contended that the petitioner was in unauthorised occupation of the premises consisting of one room for sometime prior to the date of service of notice to the petitioner as the petitioner is the son of the pujari of the temple who is also occupying certain portion of the building. As the dispute was about the relationship of tenant and landlord, the learned trial Judge raised issue and the parties led the evidence before the Trial Court. On appreciation of the evidence, the learned Trial Judge held the petitioner as tenant, but the learned District Judge in appeal did not agree with that finding observing it to be perverse and not according to law and allowed the revision application holding that the petitione...
Tag this Judgment!Court : Gujarat
Reported in : AIR1980Guj89; (1980)1GLR103
B.K. Mehta, J. 1. The following two questions have been referred to us for our opinion:1. Whether the decision of the Division Bench in Nanumal Rajumal v. Lilaram Vensimal : (1977)18GLR858 is a, good law in view of the decision of the Supreme Court in Damadilal v. Parashram. (1976) 1 SCC 85V 2. If a statutory tenant has also an estate and is heritable and transferable, would it require a notice for determination of that estate as prescribed under Section 106 of the Transfer of Property Act? 2. The above two questions arise in the following circumstances:The deceased father of the plaintiff land lords, who are the petitioners before us, filed H. R. P. suit No. 5218 of 1965 out of which Civil Revision Application No. 348 of 1975 arises, in the Small Cause Court at Ahmedabad against the defendant-tenants who are the respondents herein, for possession of the residential premises bearing municipal census Nos. 2926 and 2923/1 situate in Zaveriwad Kalupur, Ahmedabad, which were taken on leas...
Tag this Judgment!Court : Gujarat
Reported in : (1974)15GLR225
A.A. Dave, J.1. The facts giving rise to this revision application briefly stated are under:The petitioner in the instant case is the original defendant while the opponents are the original plaintiffs. For the sake of convenience, therefore, I will refer to the parties as plaintiffs and defendant. The suit property consisting of three rooms, Osri, kitchen and bathroom were let to the defendant for his residence on a monthly rent of Rs. 15/-. He had shifted to Bombay with his family for service about 22 years prior to the institution of the suit. As he did not reside in the premises and did not use it for the purpose of residence, continuously for a period of six months or more, the plaintiffs brought a suit to recover vacant possession thereof under Section 13(1)(1) of the Bombay Rent Control Act. The defendant by his written statement Ex. 8 contested the suit and denied various averments made in the plaint. The learned trial Judge held that the plaintiffs had failed to prove non-user ...
Tag this Judgment!Court : Gujarat
Reported in : 2007CriLJ1584; (2007)2GLR1165
R.P. Dholakia, J1. The appellants, original accused No. 1-Jaman Haji Mahmad Jat, original accused No. 3-Sachu Haji Ibrahim Jat, original accused No. 4-Osman Ali Mahmad Jat and original accused No. 5-Navaj Ali Jat of Sessions Case No. 85 of 1999(original accused Nos. 1 to 4 respectively of Sessions Case No. 1 of 2002), were tried along with other accused by the learned Addl. Sessions Judge, Fast Track Court, Bhuj-Kutch, for the alleged commission of offences punishable under Sections 120(B), 121, 121(A), 122, 123 and 124(A), 489-A and 34 of the Indian Penal Code, Sections 25(d), 25(1)(AA), 25(1)(B)(C)(F) of Arms Act, Sections 4(b), 5 and 6 of the Explosive Substances Act, 1908, Section 3 of Criminal Law Amendment Act, Sections 3 and 6 of Indian Passport Rules (Entry Into India), Section 13(2) of Foreigners Act amended Section 14 and Section 6(1-A) of Indian Wireless and Telegraphic Act.2. The accused Nos. 1, 3, 4 and 5 were held guilty by the learned Addl. Sessions Judge and Fast Track ...
Tag this Judgment!Court : Gujarat
Reported in : (2001)2GLR1248
H.K. Rathod, J. 1. Heard the learned Advocates for the respective parties.By means of filing the present writ petition, the petitioner-Surat Mahila Nagrik Sahakari Bank Limited [hereinafter referred to as, 'the petitioner-Bank'] seeks to challenge the order passed by the Labour Court, Surat in T-Application No. 249 of 1992 under the provisions of the Bombay Industrial Relations Act, 1946 [hereinafter referred to as, 'the Act'] dated 11th February, 1998 wherein the Labour Court has granted reinstatement of respondent-workman in service with continuity and full back wages with consequential benefits and costs of Rs. 500. The said Award of the Labour Court dated llth February, 1998 was challenged by the petitioner-Bank before the Industrial Tribunal, Surat in Appeal (IC) No. 2 of 1998. While dismissing the said appeal, the Tribunal vide Order dated 31st August, 1999 has confirmed the order passed by the Labour Court dated 11th February, 1998. Feeling aggrieved and dissatisfied with the sa...
Tag this Judgment!Court : Gujarat
Reported in : (1977)0GLR186
Desai, J.1. The decisions of two Division Benches are conflicting on the issue as to whether a person who purchases the leased property along with arrears of rent prior to his purchase can evict a tenant in view of the provisions of Section 12 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as the Act) and that is why the said point is referred to us. The facts in all the civil revision applications are similar and we shall state briefly the facts in Civil Revision Application No. 533 of 1969, which are that the suit property is a part of Nondh No. 817 situated in the city of Surat. The leased property isused as a stable. The present owner purchased the property on August 4, 1966 from its previous owner with the right to recover the rent already due at the date of transfer from the defendanttenant. The rent was due from July 1, 1965, The plaintiff-landlord, therefore, gave a notice to the defendant-tenant demanding the rent due from July 1,...
Tag this Judgment!Court : Gujarat
Reported in : AIR1964Guj59; (1963)GLR1033
Shelat, C.J.1. These two petitions challenge the validity of Sections 2(10a), 59-C and 59-D of the Bombay Prohibition Act, XXV of 1949, certain rules made thereunder, the two notifications issued oy the Government of Gujarat dated April 6, 1962 and the order dated September 26, 1962, refusing the wholesalers licence and the pass to import French Polish and Varnish from outside the State of Gujarat. As both the petitions raise identical questions, it is expedient to dispose of both of them together by a common judgment.2. Both the petitioners carry on business as wholesale dealers in French Polish and Varnish and have been importing for their business these two articles from States such as Uttar Pradesh, Madhya Pradesh, etc. The petitioners in Special Civil Application No. 996 of 1962 have been importing on an average about 1500 gallons of French Polish per month and have been selling the same both wholesale and retail, the average monthly sale of French Polish coming to about 1500 gall...
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