Gujarat Court March 1965 Judgments
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Chandrakant Harmandas and ors. Vs. the Charity Commissioner of Gujarat
Court: Gujarat
Decided on: Mar-08-1965
Reported in: (1965)6GLR649
P.N. Bhagwati, J.1. A short question relating to the applicability of Section 12 of the Limitation Act arises in this Letters Patent Appeal. An application was made to the District Court Kaira at Nadiad under Section 72 of the Bombay Public Trusts Act 1950 for setting aside a decision given by the Charity Commissioner in two appeals Nos. 118 of 1954 and 126 of 1954 holding that certain properties belonged to a public trust. One of the contentions raised before the learned Extra Assistant Judge Nadiad who heard the application was that the application was barred by limitation inasmuch as the decision of the Charity Commissioner was given on 29th October 1954 while the application was made on 11th January 1955 more than sixty days from the date of the decision of the Charity Commissioner. Section 72 of the Act requires that an application to set aside the decision of the Charity Commissioner must be made within sixty days from the date of the decision. The application was obviously made ...
Baj Saraswati Jeshankar and anr. Vs. Agent, Bharatkhand Textile Manufa ...
Court: Gujarat
Decided on: Mar-05-1965
Reported in: AIR1967Guj36; (1965)GLR512
(1) These two appeals arise from the judgment and order, dated 15th September 1958, of the learned Joint Judge, Ahmedabad, in Compensation case No.137 of 1958 arising under Section 30 of the Land Acquisition Act, 1894(hereafter called 'the Act'). The case raises the question of apportionment of the amount of compensation between a landlord and his tenant. The facts which need be stated in order to dispose of the two appeals are as follows. The Government acquired 4363 square yards from out of survey No.2 which measured 10164 square yards and 10252 square yards from out of survey No.3 which measured 23716 square yards. The total amount of compensation which was determined by the land Acquisition officer for the aforesaid two areas was Rs.1,04,877-20 paise. Two sets of parties laid claim to the aforesaid amount of compensation. One was the Bharatkhand Textile manufacturing Company Limited, Ahmedabad. Admittedly, that Company was the lessee of the two survey numbers. The lease deeds under...
Mulshankar Somnath by His Heirs Bai Saraswati and anr. Vs. the Agent, ...
Court: Gujarat
Decided on: Mar-05-1965
Reported in: (1965)6GLR512
N.M. Miabhoy, J.1. These two appeals arise from the judgment and order dated 15th September 1958 of the learned Joint Judge Ahmedabad in Compensation case No. 137 of 1958 arising under Section 30 of the Land Acquisition Act 1894 (hereafter called the Act). The case raises the question of apportionment of the amount of compensation between a landlord and his tenant. The facts which need be stated in order to dispose off the two appeals are as follows. The Government acquired 4363 square yards from out of survey No. 2 which measured 10164 square yards and 10252 square yards from out of survey No. 3 which measured 23716 square yards. The total amount of compensation which was determined by the Land Acquisition Officer for the aforesaid two areas was Rs. 1 4 877 paise. Two sets of parties laid claim to the aforesaid amount of compensation. One was the Bharatkhand Textile Manufacturing Company Limited Ahmedabad. Admittedly that Company was the lessee of the two survey numbers. The lease dee...
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