Court : Gujarat
Decided on : Feb-14-1977
Reported in : 1977ACJ253; AIR1977Guj195; (1978)0GLR216
Ahmadi, J. 1. On the morning of 8th May, 1972 at about 6.00 A.M. Gordhanbbai Tarjabhai was driving his bullock cart laden with cotton along National Highway No. 8 towards Vasad Cross roads with Aheshbhai Ranchhodbhai resting on top of the cotton bales. A speeding Ambassador Car No. M. H. C. 7144 driven by one Chandrashekhar K. Nair came from behind and dashed against this bullock cart, which was proceeding at a leisurely pace towards Vasad cross roads. As a result of this violent impact from behind, the cart driver Gordharibhai was killed instantaneously. Maheshbhai, who was sitting on the top of the cotton, was thrown out and sustained injuries. One bullock died on the spot and the other was injured. The cart was reduced to a shambles. The brother and the nephews of the deceased filed a claim application No. 78 of 1972 before the Motor Accident Claims Tribunal, Kaira at Nadiad claiming a sum of Rs.20,000/- by wav of com- pensation on the ground that the accident was the direct result ...
Tag this Judgment!Court : Gujarat
Decided on : Feb-22-1977
Reported in : [1978]48CompCas250(Guj); (1977)GLR668
M.P. Thakkar, J.1. A question of considerable importance for holders of life insurance policies has arisen in this first appeal arising out of a suit instituted by the widow and minor son of a policy-holder claiming a declaration that they were entitled to the sum assured under the insurance policy upon the death of the policy-holder in their capacity as his heirs and not the person named in the policy as a nominee under section 39 of the Insurance Act of 1938. The dispute was raised by the father of the policy-holder who was the nominee named in the policy on the premise that he had a title to the said amount in his own right by virtue of his capacity as a nominee named by the policy-holder. The trial court having negatived the contention of the defendant-nominee and having decreed the suit instituted by the plaintiffs, the nominee (original defendant No. 1) has preferred the present first appeal and has challenged the legality and validity of the judgment and decree passed by the lea...
Tag this Judgment!Court : Gujarat
Decided on : Jan-31-1977
Reported in : [1977]109ITR177(Guj)
D.A. Desai, J.1. Company Petitions Nos. 10 and 12 of 1975 are filed by Wood Polymer Limited and Bengal Hotels Private Limited, respectively, under Section 391(2) of the Companies Act, praying for according sanction to a scheme of amalgamation of the afore-mentioned two companies. Wood Polymer Limited is a public limited company and it is the transferee-company. Bengal Hotels Private Limited is a private limited company and is the transferor-company. The scheme submitted to the court for sanction involves amalgamation of the transferor-company with the transferee-company and amongst others it envisages dissolution of the transferor company without winding up.2. Transferor-company and transferee-company both filed separate Company Applications Nos. 40 of 1974 and 41 of 1974, respectively, requesting the court to give directions for convening meetings of the creditors and members to whom compromise and/or arrangement was offered. In the case of the transferee-company, J. B. Metha J. by hi...
Tag this Judgment!