Gujarat Court December 1972 Judgments
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Satwara Karsan Sava Vs. Satwara Jetha Karsan and ors.
Court: Gujarat
Decided on: Dec-04-1972
Reported in: (1974)15GLR142
M.P. Thakkar, J.1. Three years under Article 47 or six years under Article 120 (of the Indian Limitation Act of 1908) - which of the two is the period of limitation governing the suit giving rise to this appeal is the problem confronting us in this reference. It arises out of an action undertaken by a party against whom an injunction under Section 5(2) of the Mamlatdars' Courts Act was previously issued restraining the party concerned from obstructing the use of roads or customary ways etc. The reference arises out of a second appeal by an unsuccessful plaintiff whose suit has been dismissed as time-barred at the threshold in view of the holding of the Court on a preliminary issue that the period of limitation is three years under Article 47 and not six years under Article 120.2. The relevant facts are not in dispute. There was a dispute between the appellant-plaintiff and respondents defendants Nos. 2 and 5 with regard to a right of way to pass through S. No. 198 belonging to the plai...
The Anant Mills Co. Ltd. and ors. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Dec-04-1972
Reported in: (1973)14GLR826
P.N. Bhagwati, C.J.1. These petitions represent one more round in an almost unending litigation which seems to be going on between owners of mills and factories on the one hand and the Municipal Corporation of the City of Ahmedabad (hereinafter referred to as the Corporation) on the other since the last several years. The Corporation has been worsted in every round and every time it has tried to make good the legal infirmities in its claim by amendatory legislation but the attempt has been unsuccessful and the Courts have almost consistently struck it down. The question in these petitions is whether one more attempt made by the Corporation to resuscitate its position by Ordinance No. 6 of 1969 and Act No. 5 of 1970 is destined to be successful.2. Though the main questions which arise for consideration In these petitions are identical, it is possible to divide the petitions broadly Into two groups, one group consisting of petitions relating to the official year 1969-70 and the other gro...
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