Court : Gujarat
Reported in : (1976)17GLR231
P.D. Desai, J.1. Survey No. 3 admeasuring approximately 7. 51 acres situate in the Ahmedabad cantonment area is undisputedly owned by the union Government. The said land was leased to the petitioner from time to time since 1937. The last of such leases was for a period of five years commencing from June 1, 1968. The said lease expired on May 31, 1973. On May 29, 1973 the assistant military estates officer, the first respondent herein, issued a notice which was served upon the petitioner on May 30, 1973 calling upon him to handover vacant possession of the leased land on the date of the expiry of the lease. The petitioner has, thereupon, filed the present petition challenging the said notice.2. Two points were urged at the hearing of the petition. First, that the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as the tenancy Act) applied to the land in question and that the petitioner was a tenant entitled to the protection of the said Act and ...
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 : 2006CriLJ3180; (2006)3GLR2043
K.A. Puj, J.1. Criminal Misc. Application No. 5389 of 2005 is filed by Dr. Anil K. Khandelwal and 14 others under Section 482 of the Criminal Procedure Code, praying for quashing and setting aside the Criminal Complaint Inquiry No. 14 of 2005 lodged by the complainant, namely, Shri Maksud Saiyed, Director of Nagami Nicotine Pvt. Ltd., in the Court of Chief Judicial Magistrate, Vadodara, for the offences punishable under Sections 107, 120-B, 177, 181, 191, 192, 200, 209, 405, 409, 415, 420, 425, 463, 464, 468, 470, 471, 499 and 500 of the Indian Penal Code, and which has been registered as M Case No. 7/2005 at Sayajiganj Police Station pursuant to the order passed by the Chief Judicial Magistrate, Vadodara, dated 28.2.2005 forwarding the Criminal Complaint for investigation under Section 156(3) of the Criminal Procedure Code. 2. The case of the complainant / present respondent is that Dena Bank floated a public issue of 8 crores equity shares of Rs. 10/- each for cash at a premium of Rs...
Tag this Judgment!Court : Gujarat
Reported in : [2007]136CompCas399(Guj); (2007)210CTR(Guj)445; [2007]290ITR643(Guj)
M.R. Shah, J.1. By way of this petition, the applicant Assistant Commissioner of Income Tax, Central Circle -1(1), Ahmedabad has prayed for an appropriate order directing the Official Liquidator of Shri Minal Oil and Industries Limited (in liquidation) to make payment of the outstanding demand of the Income tax Department, treating it to be a creditor of the company in liquidation, as per the provisions of Section 178(2) of the Income Tax Act, 1961 (hereinafter referred to as the Act). By way of an amendment, the applicant has amended the prayer clause and has prayed for an appropriate order directing the Official Liquidator to set apart the amount of tax dues, as per the provisions of Section 178(2) of the Act and to comply with the provisions and the procedure enumerated under Section 178 of the Act.2. The short question, which is required to be considered by this Court is whether the tax liabilities like income tax has preference over the rights of the secured creditors and workers ...
Tag this Judgment!Court : Gujarat
Reported in : AIR2008Guj94; (2008)3GLR1963; LC2008(2)395; 2008(38)PTC658(Guj)
K.A. Puj, J.1. The appellant-Original Plaintiff has filed this Appeal From Order under Order 43 Rule 1(r) of the Civil Procedure Code challenging the order dated 25th October, 2007 passed in the application Exh. 6/7 filed in Regular Civil Suit No. 2201 of 2007 by the learned (Auxi.) Chamber Judge, City Civil Court, Ahmedabad, thereby dismissing the application for temporary injunction.2. Mr. Y.J. Trivedi, learned advocate along with Senior Counsel Mr. Mihir Joshi appears on behalf of the appellant and Mr. Pranav G. Desai appears on Caveat along with Senior Counsel Mr. Mihir J. Thakore on behalf of respondent. With the request of the parties, this Appeal is taken up for final hearing.3. It is the case of the appellant that the appellant is a Company incorporated under the Companies Act, 1956 and engaged in the business of manufacturing and marketing pharmaceutical products and some prominent products of the appellant company are;1. MOOV a pain reliever ointment2. Stopache-ache reliever ...
Tag this Judgment!Court : Gujarat
Reported in : (1993)1GLR82
C.K. Thakker, J.1. This appeal is filed against an order passed by the Civil Judge (S.D.), Baroda on July 18, 1987 returning the plaint for presenting it in an appropriate Court.2. To appreciate the controversy in question, few relevant facts may now be stated. The appellant-plaintiff is Indian Oil Corporation Limited ('Corporation' for short). It is a Government Undertaking, having its Registered Office at Bombay. It is carrying on business of refining and marketing petroleum and other allied petroleum products in India. It is also marketing cooking gas, technically known as liquified petroleum gas (LPG) under the trade mark INDANE. This gas is marketed at many places including Baroda and for which distributors and/or dealers were appointed by the Corporation. One of such agreements was entered into by the Corporation with M/s. Pragat Gas Service through its proprietor Mahesh Ambalal Brahmbhatt-defendants in the suit on January 7, 1986. The terms and conditions have been signed by the...
Tag this Judgment!Court : Gujarat
Reported in : (2009)2GLR1710
D.A. Mehta, J.1. This group of petitions has been heard together as they arise out of common order made by Gujarat Revenue Tribunal (the Tribunal) on 21.08.2008 in various applications moved before the Tribunal by different persons. The parties have treated the group of petitions bearing Special Civil Application Nos. 12145 of 2008 to 12149 of 2008 as the main matter considering the fact that all the pleadings and the supporting documents are available in the record of Special Civil Application No. 12145 of 2008 and hence, the facts are taken from the said petition.2. The petitioner of Special Civil Application No. 12145 of 2008 to 12149 of 2008 is common, namely, Rohini Housing Complex Owners' Association (hereinafter referred to as 'Rohini'). Respondent Nos. 1 to 3, namely, Raiben wd/o Dhiraji Ugraji, Vihaji Dhiraji and Bachuji Dhiraji are the original land owners of land bearing Block No. 84 of Village Khatraj, Taluka Kalol, Dist. Gandhinagar (hereinafter referred to as 'the land in...
Tag this Judgment!Court : Gujarat
Reported in : 2008ACJ2436
M.S. Shah, J.1. This appeal by the insurer of one of the vehicles involved in the motor vehicle accident challenges the judgment and order dated 30.7.2001 passed by Motor Accidents Claims Tribunal, Kachchh-Bhuj in the M.A.C.P. No. 354 of 1992 awarding compensation amount of Rs. 18,00,000 with proportionate costs and interest at the rate of 9 per cent per annum from the date of claim petition to widow, children and brother of the deceased.2. On 18.3.1992, Ramjibhai Bhurabhai Makwana, a Forest Officer in the services of the State Government and his friend Sumarbhai were travelling on motor cycle from Adesar to Bhachau on Ahmedabad-Kandal National Highway. Ramjibhai was driving the motor cycle and Sumarbhai was the pillion rider. When the motor cycle reached near village Vondh, the chhakada rickshaw insured by the appellant insurance company came from the opposite direction and dashed against the motor cycle. On account of the collision between the two vehicles, Ramjibhai, driver of the m...
Tag this Judgment!Court : Gujarat
Reported in : AIR2003Guj311; 2003(2)ARBLR588(Gujarat); (2003)2GLR1146
J.N. Bhatt, Actg. C.J. 1. Whether the dispute about the existence of arbitration clause contained in Insurance Policy would cease to exist on account of passing of receipt of full and final settlement and whether such a dispute is arbitrable or not is the only question, which is in focus for our consideration, determination and adjudication in this reference. 2. The Larger Bench came to be constituted pursuant to the view taken by the learned single Judge of this Court in Special Civil Application No. 10359 of 2000, decided on 6-10-2000, observing that the petition raises important questions which are likely to arise in number of cases and hence, it will be in the fitness of things if the petition is decided by a Larger Bench. Thereafter, learned Chief Justice passed order constituting Larger Bench and that is how this reference came to us. 3. The petitioner, New India Assurance Company Limited has questioned the legality and validity of the order recorded by the learned Chief Justice ...
Tag this Judgment!Court : Gujarat
Reported in : [1969]73ITR206(Guj)
Divan, J.1. Both these reference arise in connection with the assessments under the Wealth-tax Act of three different members of the same family and in the case of each of the three assessees, the question has arisen under a separate trust deed created by the settlor in favour of the assessee concerned. Each of the three trust deeds in identical terms except that in the case of the assessee in Wealth-tax Reference No. 5 of 1965, there is only one clause different from the two trust deeds in the case of the assessee in Wealth-tax Reference No. 3 of 1965. Since the questions arising in the two reference re common and since the clauses of the trust deed which require interpretation a common, except for the one variation, we will dispose of both the reference by this common judgment. 2. The facts giving rise to this reference are that by three different trust deeds, all included of February 28, 1958, the settlor, who was under an obligation to provide for the expresses and of and incidenta...
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