Court : Gujarat
Decided on : Jan-23-1975
Reported in : AIR1976Guj17; (1976)1GLR158
Surti, J. 1. This appeal is directed against the judgment and decree passed by the learned Civil Judge, (Senior Division). Navsari, in Special Civil Suit No. 23 of 1968. By the aforesaid, decree the learned Civil Judge. (Senior Division). Navsari directed inter alia that the appellant-plaintiff's suit for a declaration pertaining to sales in favour of respondents Nos. 5 and 6 be dismissed. He, however, declared that the mortgage in favour of the respondent No. 7 is not binding to the appellant-plaintiff and respondent No.2. The learned Civil Judge also held that the appellant-plaintiff had half share in the family properties except those properties alienated in favour of respondents Nos. 5 and 6. He also directed that suitable arrangements to be made for the maintenance and marriage expenses of respondent No. 3. He appointed the Commissioner to effect the partition and gave certain directions for taking accounts and for submitting his report. The operative portion of the judgment of th...
Tag this Judgment!Court : Gujarat
Decided on : Jul-18-1975
Reported in : (1975)16GLR835
M.P. Thakkar, J.1. If the lower judiciary were to make an approach which has been made by the learned District Judge, Bhavnagar, the ends of substantial justice are not likely to prevail in the life time of the present generation. This gloomy prognosis of darkness and despair is provoked by the circumstance that the learned District Judge, Bhavnagar, has refused to condone a delay of mare five days occasioned on account of the death of the petitioner's child. In Ratanlal and Ors. v. Rewa Coalfields : [1962]2SCR762 and the State of West Bengal v. The Administrator, Howrah Municipality and Ors. : [1972]2SCR874a , the Supreme Court has emphasised the need for interpreting the expression 'sufficient cause' employed in Section 5 of the Limitation Act in a liberal manner so as to advance the cause of substantial justice particularly when no negligence or inaction or want of bona fides is imputable to a party. The learned District Judge, Bhavnagar, has exhibited a total unawareness about the ...
Tag this Judgment!Court : Gujarat
Decided on : Jan-29-1975
Reported in : (1976)GLR849; (1977)IILLJ27Guj
D.A. Desai, J.1. The petitioner, Messrs. Chandan Metal Products Private Limited has challenged the award made by the industrial Tribunal (Gujarat) in Reference (IT) No. 162 of 1973 between petitioner and its workmen by which the Industrial Tribunal directed that the petitioner should implement the recommendations of the Central Wage Board for Engineering Industries in their application to the petitioner according to the phased out programme as set out in the award itself. 2. Government of India constituted a Wage Board by the Resolution of Ministry of Labour and Employment dated January 12, 1964 for the Engineering Industries. The terms of reference inter alia include : (a) to determine the categories of employees (manual, clerical, supervisory, etc.) who should be brought within the scope of the proposed wage fixation : and (b) to work out a wage structure based on the principles of fair wages as set forth in the report of the Committee on fair wages. The composition of the Wage Board...
Tag this Judgment!Court : Gujarat
Decided on : Feb-07-1975
Reported in : [1975]98ITR403(Guj)
P.D. Desai, J.1. The second and third petitioners are firms registered under the Indian Partnership Act, 1922. The first petitioners is a partner in the said two firms. The said firms carry on the business of building contractors and their principle place of business is in Wadhwan City, District Surendranagar. Between December 14, 1964, and July 19, 1969, the second petitioner entered into nine separate contracts for construction of buildings with different co-operative housing societies. Likewise, between April 28, 1967, and August 24, 1969, the third petitioner entered into five separate contracts of similar nature with different co-operative housing societies. It appears that the value of those contracts exceeded fifty thousand rupees and the concerned petitioner was, therefore, required to furnish to the Income-tax Officer having jurisdiction to assess it particulars relating to the contracts within one month of the making of the contracts under section 285A of the Income-tax Act, ...
Tag this Judgment!Court : Gujarat
Decided on : Feb-17-1975
Reported in : (1976)17GLR246
S.H. Sheth, J.1. The plaintiffs are the trustees of Shamji Dungarshi trust of Anjar in Kutch District. They alleged that Shamji Dungarshi, the settlor, had given 299 gold mohors and certain ornaments to the defendant on Bhadarva Vad 3 of Kutchi Samvat 1997 corresponding to 19th September 1940. Shamji, the settlor, had made a note in respect thereof in his account-book and the defendant had acknowledged the receipt thererof. Shamji executed a will on 8th January 1941 and appointed three trustees under that will. Subsequently he himself cancelled during his lifetime the appointment of one of them. Another trustee died and the third trustee resigned. Shamjis widow Sakarbai and his daughter Laxmibai filed Civil Suit No. 47 of 1954 in which they impleaded the third trustee Anandji Khimji as a defendant along with the patels of the community. In that suit they prayed for a declaration that the will made by shamji had not been made by him in a sound disposing state of mind and they also praye...
Tag this Judgment!Court : Gujarat
Decided on : Mar-21-1975
Reported in : [1975]98ITR85(Guj)
J.M. Sheth, J.1. This revision petition is filed by original defendant No. 1, against the order passed by the learned Civil Judge, Senior Division, Amreli, in Special Civil Suit No. 5 of 1968, filed by the plaintiff (opponent No. 1), against the petitioner and opponent No. 2 (original defendant No. 2), dismissing the application, exhibit 45. That application was filed on behalf of the defendants of the suit raising objection against the prayer made by plaintiff-opponent No. 1, summoning a clerk of the income-tax department for production of certain records produced in the income-tax proceedings. * * * *2. The learned trial judge negatived the contention of the defendants and ordered the production of these documents relying upon the decision of a Division Bench of the Madras High Court in Sivagami Achi v. Ramanathan Chettiar. 3. The learned single judge has referred the matter to a Division Bench, and that is how the matter has come to us. 4. Mr. Suresh M. Shah, appearing for the peti...
Tag this Judgment!Court : Gujarat
Decided on : Mar-25-1975
Reported in : (1976)17GLR382
T.U. Mehta, J.1. The petitioners of both these writ petitions have challenged the constitutional vires of the Act known as Delhi Special Police Establishment Act, 1946 (Act No. 25 of 1946) and especially Sections 3, 5 and 6 thereof mainly on the ground that these provisions result in excessive delegation of legislative power to the Central Government and also result in encroachment over states power to legislate on the subject of police. This Act is hereinafter referred to either as the impugned Act or the Act.2. Short facts of the case are that the petitioners in both these petitions are limited concerns which run textile mills named the new swadeshi mills and manjushri textiles at Ahmedabad they admittedly belong to Birla group of mills.3. On 13th June, 1967, a first information report alleging the offences under Section 120B read with Section 420 I.P.C., Section 7 of essential commodities Act and Section 5(2) of Act II of 1947, was lodged against the management of these two mills an...
Tag this Judgment!Court : Gujarat
Decided on : Apr-07-1975
Reported in : [1976]46CompCas227(Guj)
P.D. Desai, J.1. These two petitions have been filed by the Bank of Baroda Ltd. (hereinafter referred to as the 'transferor-company') for the sanction of the court to a scheme of arrangement for its amalgamation with Mahindra Ugine Steel Company Ltd. (hereinafter referred to as the 'transferee-company') under section 391 of the Companies Act, 1956 (hereinafter referred to as 'the Act'), and for consequential directions under section 394 of the Act. * * * *2. I must now turn to the consideration of the question as to whether sanction should be accorded to the scheme. It is well-settled that in exercising its discretion in according sanction, the court will consider, first, whether the statutory provisions have been complied with; secondly, whether the classes were fairly represented by those who attended the meeting and whether the statutory majority were acting bona fide, and, thirdly, whether the scheme is such as a man of business would reasonably approve. Bearing in mind these princ...
Tag this Judgment!Court : Gujarat
Decided on : Jun-19-1975
Reported in : (1976)17GLR122
B.J. Divan, C.J.1. The following three questions have been referred for our decision by a division bench of this Court consisting of A.D. Desai and T.U. Mehta JJ. The questions referred to us are as follows:(1) Whether on the court coming to the conclusion that some grounds given for the detention are not according to law and some are valid the court should set aside the entire detention order passed under Section 3 of the Act without attempting to further probe into the question whether the detain ing authority would have passed the order of detention even though some of the grounds are proved to be invalid?(2) When one or more of the several grounds given for preventive detention under Section 3 of the conservation of foreign exchange and prevention of smuggling Activities Act, are found to be irrelevant, or non-existent, or bad whether the whole of the order of detention is vitiated or whether in such cases the court should, by applying the tests of reasonable man exclude the irrele...
Tag this Judgment!Court : Gujarat
Decided on : Jul-18-1975
Reported in : 1979(4)ELT258(Guj); (1976)1GLR452
J.B. Mehta, J.1. The short question which arises in this petition is whether the stock manufactured of excisable goods was liable to pay excise duty in force at the date of the removal of those goods from the factory when the exemption was withdrawn. There is no dispute that the petitioner had manufactured the goods 'Protinules' in question before March 1, 1970, and on that stock on its removal from the factory after March 1, 1970, a sum of Rs. 29,369.36 p. had been recovered as the exemption in question was withdrawn by the notification at Annex. B, dated March 1, 1970, by reason of which under Item No. 14, admittedly, Protinules was liable to excise duty on withdrawal of the exemption. As the petitioner's prayer for refund has been rejected by the impugned orders, the present petition has been filed.2. The question which has arisen before us is materially about the rate at which these excisable goods were liable to be charged. These goods became excisable when the relevant tariff Ite...
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