Court : Gujarat
Reported in : (1997)3GLR1984
..... business in india. it appears that as some disputes arose between the parties, the same were referred to a domestic tribunal as per the provisions of the arbitration act, 1950, in force in united kingdom. the domestic tribunal resolved the disputes and passed award on 25-2-1996 in favour of the applicant for a sum of us $ 1,53 ..... and terminated thereafter. in support of this contention, mr. sanjanwala has relied upon decision of the supreme court in the case of lalji raja & sons v. hansraj nathuram (air 1971 sc 974 = 1971(3) scr 815 = 1971(1) scc 721.), and has argued that the repealing provisions always attract the rights acquired and privileges accrued under the ..... this view is accepted, the interpretation would lead to absurdity which can never be the intention of the legislature. even in the case of tirath singh v. bachittar singh (air 1955 sc 830 = 1955 scj 797.), the apex court has held that a meaning leading to absurdity cannot be given to any statute. 21. as discussed in above .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1994Guj75; (1993)2GLR1496
..... provisions of sections 1 to 87 on the ground that the land in question was held by a trust which was registered under the provisions of the bombay public trusts act, 1950, and that the income of the trust was appropriated for the purpose of said trust, a certificate was required to be granted as contemplated by section 88b. it is ..... a manner so as to give full scope to the provisions of section 32(1a) and 32(1b) which undoubtedly are sub-sections of section 32. secondly, he very forcefully submitted that if the language employed in sub-section (1a) and (1b) is to be given full effect, the purchase in favour of tenant in case governed by sub ..... or acquisition' are not used in the sense of lawful or valid 'transfer or acquisition' of land. (ii) in the case of navinchandra ramanlal v. kalidas bhudarbhai reported in air 1979 sc 1055 the supreme court was called upon to decide almost identical claim on behalf of the landlord. before the supreme court the appellant was the landlord and respondent .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1995Guj206
..... . the zapli khadni dana nakhwani chaklani parabadi trust (hereinafter referred as the trust) is a registered charitable public trust, registered under the bombay public trust act, 1950 (hereinafter referred as the act). the trust is the owner and occupier of land bearing survey no. 165814, measuring 'a.o. 33gs situated in the sim of town bawla of ..... in view of these facts and circumstances the preliminary objection raised by the learned counsel for the respondents regarding availability of alternative remedy is devoid of any force.16. it is well settled that the petitioner is not entitled as a matter of course to writ of certiorari, and mandamus. even if court finds ..... of suppressio veri and suggessio falsi hedisentitled himself to invoke extraordinary jurisdiction of this court. in nand lal v. state of jammu and kashmir, reported in air 1960 j & k 19, it has been held that where the petitioners under article 226 of constitution have not stated the relevant facts correctly and candidly .....
Tag this Judgment!Court : Gujarat
Reported in : [2002]256ITR193(Guj)
..... public trust is done under the provisions of the bombay public trusts act, 1950, since the provisions of the earlier wakf act, 1954, and the later wakf act of 1995, were not extended to gujarat. as provided by section 3(2) of the wakf act, 1954, it was to come into force in the state on such date as the central government may by ..... trust, the properties belonging to it and mode of succession to the office of the trustee. in trustees of jam-jodhpur sthanak vasi vardhman vanik jain sangh v. thambaklal jivaram air 1987 guj 167 ; [1987] 28 glr 550, it was held by this court that the jurisdiction of the civil courts was taken away in respect of the matters ..... evidence of title. it was also held that such sanad was not conclusive evidence.(c) the decision of oudh high court in shah mohammed naim ata v. mohammad shamshuddin air 1927 oudh 113 was cited for the proposition that the property given to the sajjadanashin of a 'khanqah' for the upkeep of the buildings and the school connected therewith .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2007Guj161; (2007)2GLR1820
..... pertaining to amendment to list of voters and also having examined the provisions of sections 21 and 22 of the representation of the people act, 1950 (hereinafter referred to as 'the rop act, 1950'), it appears that the list of voters for elections to panchayats have to be based on the list of voters prepared and published for ..... prepared under section 18.20. list of voters. - (1) the electoral roll of the gujarat legislative assembly prepared under the provisions of the central act, for the time being in force for such part of the constituency of the assembly as included in the relevant electoral division, shall, subject to any amendment, deletion or addition made ..... consulting the state government determine, there shall election of members for constituting or, as division in respect of such panehayat as determined under section 16 and in force at the time when such list is prepared.19. persons qualified to be registered as voters. - every person who is entitled to be registered in the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1969Guj334; (1969)GLR925
..... provides for the list of voters. it enacts that the electoral roll of the gujarat assembly prepared under the provisions of the representation of the people act, 1950 for the time being in force on such date as the state government may by general or special order notify in this behalf for such part of the constituency of the assembly ..... , it had been included therein illegally. the division bench also distinguished the decision of the supreme court in the chief commissioner of ajmer v. radhey shyam dani, air 1957 sc 304 holding that it is of the essence of the elections, that proper electoral roll should be maintained and in order that proper electoral roll should be ..... of the municipal ward and, therefore, reception of such votes of non est voters would be void. the division bench distinguished the decision of the supreme court in air 1963 sc 458, by relying upon the following passage at p. 461:--'the terms of the section are clear and the action of the electoral registration officer in .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1970Guj12
..... was void - it being in contravention of the provisions contained in section 40 and 41 of the administration of evacuee property act (act no. xxxi of 1950), or under section 38 of the ordinance no.xxvii of 1949 which was in force then. according to him, since it was an evacuee property at the time when this agreement came to be executed by ..... purposes of the ordinance; his powers and rights were confined to the provisions contained in the ordinance itself.'then at p. 640 (of bom lr) = (at p. 448 of air) in more specific and clear language it has been observed as under:-'the effect of the ordinance is not to transfer the title vested in the evacuee as the owner ..... very wide and comprehensive meaning to that term. on the other hand, in the case of kirodimal ganeshlal bani v. haji suleman haji wali mohd., air 1960 madh pra 136, section 40(1) of the act (analogous to section 38 of the ordinance) came to be considered and it was held that it operates upon transfers only and not on agreements .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1982Guj129; (1982)1GLR746
..... . raval now stated. that the -present proceedings should be and could be deemed to have been pursued ,under s. 56a of the bombay public trusts act, 1950 (hereinafter referred to as the 'act', for brevity's sake) and all the contention of the contesting respondents was focussed on the said section which i reproduce below in, material parts.'56a ..... direction in respect of the administration or management of the trust properties. section 80 will not be able to step into the picture. this is a special act containing special provisions and special provisions are given a place to meet special requirements and contingencies. so the bar contained in s. 80 will not be attracted ..... connection with the application,(3) a trustee stating in good faith the facts of any matter relating to the trust in an application under sub-section (1), and acting upon the, opinion, advice, or direction of the court given thereon, shall be deemed, as far as his own responsibility is concerned, to have discharged his .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)1GLR1
..... security department of ipcl, and their employer was ipcl, baroda. cisf was inducted in ipcl in accordance with the provisions of section 14 of the central industrial security force act, 1968. to avoid petitioners losing jobs, option was given to them for induction and absorption in cisf. accordingly, an agreement was executed by the petitioners, and ..... calling for judicial interference. discretion must be exercised reasonably. reasons or exercise should be proper.'17. in union of india and others vs. balbir singh and others (air 1998 sc 2043) and sahadeo singh and others v. union of india (2003 scc (l&s;) 1010), the circumstances were extraordinary, said the apex court, for ..... facts in tulsiram's case (supra) were extraordinary, so were in other cases of similar nature.15. in jaswant singh v. state of punjab and others (air 1991 sc 385), the apex court said:'the decision to dispense with the departmental enquiry cannot be rested solely on the ipse dixit of the concerned authority. when .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1961Guj189; (1961)GLR548
..... the present appeal has been preferred by the two common trustees of the two trusts under section 72, sub-section (4) of the bombay public trusts act, 1950, hereafter called the 'act.'2. mr. oza, the learned advocate for the two appellants, has raised three contentions in this court. his first contention was that the application under ..... nos. 1 and 2 with costs. aggrieved by this decision, the respondents nos. 1 and 2 made an application under section 72 of the bombay public trusts act, 1950, to the district court at baroda and prayed that the order of the deputy charity commissioner be set aside, and that it be held that the trust created ..... respondents felt aggrieved by this decision of the assistant charity commissioner and they preferred an appeal to the charity commissioner under section 70 of the bombay public trusts act, 1950. the appeal was preferred only from the proceeding relating to the trust created by parwati. the respondents did not prefer an appeal from the order passed in .....
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