Court : Gujarat
Decided on : Apr-18-1972
Reported in : AIR1974Guj31; (1973)GLR10
Sheth, J.1. The petitioner No. 2 is an association of persons who are running salvage farms. The petitioner No.1I is the President of that association. The petitioner No. 2 association has been registered under the Bombay Non-Trading Corporations Act, 1959. Its members have been running salvage farms at village Kakoshi and other places in Mehsana District. At their salvage farms, they receive drought buffaloes, treat them for a period of time and make them milch buffaloes. When drought buffaloes become milch buffaloes, after receiving treatment at the salvage farms, they are returned to their owners. Drought buffaloes are received at these salvage farms even from outside the State of Gujarat - more particularly from Bombay. The owners of the salvage farms charge the owners of such buffaloes only for their labour and service. They neither purchase nor sell the buff aloes.2. In 1958, the Bombay Essential Commodities and Cattle (Control) Act. 1958 was enacted by the Bombay Legislature, in...
Tag this Judgment!Court : Gujarat
Decided on : Sep-20-1972
Reported in : AIR1974Guj11; (1973)GLR292
Divan, J.1. Both these Special Civil Applications have been referred to a Division Bench. Special Civil Application No. 1393/1967 has been referred by M. P, Thakkar J. and Special Civil Application No. 1621/1970 has been referred by S. H. Sheth J. Both these Special Civil Applications raise a common question of law. viz.. Whether the heirs of a certified landlord to whom the Certificate has been issued under Seq. 88-C of the Bombay Tenancy and Agricultural Lands Act. 1948 (hereinafter referred to as the Act) car file or continue proceedings under Section 32T of the Act for the purpose of obtaining Possession from the tenant. On February 4. 1971. M. P.2. Before taking up the discussion regarding the legal Point arising in the case. it will be appropriate to refer to the facts of each Special Civil Application. In Special Civil Application No. 1393 of 1967, the original petitioner in this High Court was one Mangalbhai Fulabhai, whose father Fulabbai Ambaidas was the original landlord and...
Tag this Judgment!Court : Gujarat
Decided on : May-04-1972
Reported in : AIR1973Guj117; (1972)GLR1006
Bhagwati, C.J.1. This ground up nineteen petitioner raises an interesting question of construction of certain provisions of the Mines and Minerals (Regulation and Development ) Act 1957 and the Mineral Concession Rules 1960. The facts giving rise to the petitions are identical the save for difference in the area and location of the lands in respect of which mining lease is sought by the petitioner and it would, therefore, be sufficient if be we taken one of the petition, namely, Special Civil Application No. 1045 of 1968 as a representative petition and state of the facts of that petition.2. The petition in Special Civil Application No. 1045 of 1968 carry on business of the mining and they are also dealers in minerals. Bauxite is an important mineral having it uses as raw material in several industrial including manufacture of alumina. There are fairly large deposit of bauxite in three districts of the State of Gujarat, namely, Jamnagar, Junagadh and Kutch. The Government of Gujarat by...
Tag this Judgment!Court : Gujarat
Decided on : Sep-08-1972
Reported in : 1977(1)ELT67(Guj)
B.J. Divan, J. 1. The petitioners herein are a partnership firm having their office at Bombay and they have a factory situated at Barejadi in the district of Ahmedabad in the State of Gujarat and according to the petitioners, at the said factory the petitioner, have been producing since 1963 paper gummed tapes of different widths varying according to the requirements of their different customers. According to the petitioners, they manufacture these papers gummed tapes out of duty paid paper purchased by the petitioners from the manufacturers. According to the petitioners, in the integrated process of preparing paper gummed tapes, gum is merely applied on one side of the duty paid paper, but according to the petitioners, they do not manufacture gummed paper at all another product which the petitioners prepare at their factory is printed wrappers meant for different customers and manufacturers and such wrappers are printed on white paper normally used as textile wrappers. It is the petit...
Tag this Judgment!Court : Gujarat
Decided on : Dec-05-1972
Reported in : AIR1973Guj268; (1973)GLR586
J.B. Mehta, J.1. The petitioner Doctor had challenged in this petition the order at Annexure A by which his building known as 'Kaushik Building` at Baroda was requisitioned on May 21, 1960. for housing of a State servant and orders at Annexures C and D dated August 10, 1970 and March 29, 1971. by which the petitioner's request for releasing his premises was rejected by the authorities. The petitioner practised as a doctor at Savli and he had intention to settle at Baroda after retirement. He, therefore purchased the suit property in 1958 and rebuilt it. It is now 'Kaushik Building ` which has three storeys. On the ground floor there are two rooms and a kitchen. Same place is on the first floor. The second floor has the same area but there are four rooms . Two rooms on the second floor are with a tenant and the other two rooms are in the possession of the petitioner. The ground floor was with daughter Jaya and her husband and when Jaya vacated, the other daughter Kailas and her husband ...
Tag this Judgment!Court : Gujarat
Decided on : Apr-05-1972
Reported in : AIR1973Guj19; (1973)0GLR136
1. This is Appeal arises out of the order passed by the 8th Judge of the City Civil Court, Ahmedabad, dismissing the execution Appln. who is the decree-holder. The execution in question is of a decree passed by the High Court of Bombay on its Original side for the sum of Rs. 19,770/- with interest and costs in civil suit NO. 674/- 47, which was for the amount of Rs. 13,210/- 8-0. The said decree is passed on 16th March 1951. The same was transferred by the High court of Bombay to City Civil court, Ahmedabad for execution and pursuant to that order of transfer the appellant-decree holder had filed this execution application in the city Civil Court, Ahmedabad on 28th April 1964. The total amount for the realisation of which the execution is filed comes to Rs. 30,270,90 nps. During the course of the execution the decree holder has taken into attachment the judgment -debtors immovable property situated at Kalupur in the city of Ahmedabad.2. To this execution application judgment-debtors wh...
Tag this Judgment!Court : Gujarat
Decided on : Dec-22-1972
Reported in : (1973)14GLR537
P.N. Bhagwati, C.J.1. I entirely agree with my brother Divan J., but in view of the importance of the question involved, I would like to add a few words of my own in regard to the last contention of the petitioners that the Court-fees levied on an application for a reference under Section 18 of the Land Acquisition Act, 1894, is not a fee but a tax and Article 15 of the First Schedule to the Bombay Court-fees Act, 1959, which provides for levy of such court-fees is, therefore, outside the legislative competence of the State Legislature. It was common ground between the parties, and in any event it cannot now be disputed in view of a recent decision given by the Supreme Court on 1lth November 1972 in Civil Appeal No. 293 of 1967 : The Secretary, Government of Madras, Home Department v. Zenith Lamp & Electrical Ltd., (yet unreported) : [1973]2SCR973 that it' Court-fee levied under Article 15 of the First Schedule is a tax and not a fee, it would be beyond the competence of the State Legi...
Tag this Judgment!Court : Gujarat
Decided on : Apr-24-1972
Reported in : (1973)14GLR261
S.H. Sheth, J.1. Esso Standard Eastern Corporation, a incorporated in U.S.A., has its main office at Bombay and has a at Ahmedabad. 1 is hereinafter referred to for the Esso. It has been dealing in petrolium products in a Terminals at different ports in India where it has storage faculties A Okha has storage tanks for storing petroleum products such as petrol diesel oil and furnace oil. Okha had prior to 1st January 1970 is Gram Panchayat which since 1st January 1970 has been converted into a Nagar Panchayat constituted under the Gujarat Panchayats Act, 1961 there in a referred to as 'the Act' for the sake of brevity). The Okha Gram Panchayat will be hereinafter referred to as the Panchayat for the sake of brevity It had been importing petroleum products at Okha from Bombay and storing them in its tanks there. It had a bonded ware-house at ash and another at Okha maintained under the Central Excises and Salt Act, 1944. Removal of these goods from one bonded ware house to It entailed no...
Tag this Judgment!Court : Gujarat
Decided on : May-02-1972
Reported in : (1973)14GLR112
J.B. Mehta, J.1. The first petition is filed by some of the licenced dealers to challenge the provisions of the Gold (Control) Act, 1968, hereinafter referred to as 'the Act along with the rules enacted thereunder; while the second petition is by the money lenders who have challenged the provisions in Section 16(1) read with Section 16(5) of the Act. In the first petition, a circular had been issued by the authorities on July 12, 1968, informing the President of the Chokshi Mahajan Association that after the Gold (Control) Ordinance, 1968 which came into effect from June 29, 1968, all licensed dealers and refiners were required to declare all articles, ornaments owned by them or their families or in their possession, custody or control, i.e. capacity other than that of a dealer or refiner. The result of that would be that licensed dealers and refiners who had already filed declarations of their personal holdings of articles-ornaments would not have to file fresh declaration in respect ...
Tag this Judgment!Court : Gujarat
Decided on : Apr-25-1972
Reported in : AIR1973Guj159; (1973)GLR279
J.B. Mehta, J.1. The petitioner who was the manager of the opponent No. 2 Co-operative Society and also the member of its managing committee was held to be liable jointly with others by the order of the Co-operative Tribunal dated September 19, 1965, and was ordered to pay a sum of Rs. 25149-51 which had been defalcated. After the said liability was finally fixed in appeal, the said award of the Tribunal was sought to be executed against the petitioner by coercive process under the Land Revenue Code as provided under Section 103(b) of the Gujarat Co-operative Societies Act. 1961. hereinafter referred to as the Act. As warrant of arrest was issued against the petitioner. the petitioner has challenged the said coercive process by attacking the vires of the provisions of section 103 of the Act and sections 157 and 158 of the Code as violating Article 14. The petitioner has also challenged the action of the Collector as he tried to follow this harsher procedure of coercive recovery without...
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