Court : Gujarat
Reported in : AIR1963Guj112; (1962)GLR1021
..... s remedy is time-barred, he cannot compel the debtor to redeem, in other words, the creditor in this case is not able in realise his security. in my view, there is, therefore, considerable force in the argument of mr. thakkar that the debt in the present case is not due and payable and that, therefore, no application could be made ..... the mortgagee would have a right to sue personally. so also under clause (c), it was argued by mr. chhaya, that if the mortgagee was deprived of his security by any wrongful act or default of the mortgagor, the mortgagee could again sue for the mortgage money. in other words; it was the contention of mr. chhaya that the debt was ..... order for sale but his remedy is tore-closure.' in mulla's civil procedure code, 12th edition at page 1091 it is again stated this way:-- 'under the transfer of property amending act, 1929, the remedy by way of foreclosure is allowed only (1) in the case of a mortgage by conditional sale (2) as anomalous mortgage where there is an .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1965Guj275; (1964)GLR988
..... liability was the necessary ingredient or not would turn on the particular scheme of the relevant enactment. in view of the special terms of section 16(4) of that act, the security being by way of an usufructuary mortgage and the right of debtor to redeem were held to be sufficient to attract the provisions of the section and personal liability was ..... otherwise, or whether ascertained or to be ascertained ......'. under section 5(1) it is provided that 'at any time within one year after the date on which the said act came into force in any local area displaced debtors may make an application for the adjustment of his debts to the tribunal within the local limits of whose jurisdiction he actually and .....
Tag this Judgment!Court : Gujarat
Reported in : (1965)6GLR350
..... collector of central excise baroda. section 35(1) then provides that any person deeming himself aggrieved by any decision or order passed by a central excise officer under the act or the rules made thereunder may within three month from the date of such decision or order appeal therefrom to the central board of revenue or in such cases as ..... section 36 shall be final. section 36 then provides that the central government may on the application of any person aggrieved by any decision or order passed under this act or the rules made thereunder by any central excise officer or by the central board of revenue and from which no appeal lies reverse or modify such decision or order ..... a demand notice under rule 9(2). in terms the duty had been ordered to be refunded. in view of the finality conferred by section 35(2) of the act to the appellate decision the petitioner mills-company could not be vexed twice.7. mr. nanavati urged that this notice issued in january 61 shows that besides variations there .....
Tag this Judgment!Court : Gujarat
Reported in : [1975]98ITR610(Guj)
..... be deemed to pass on the donor's death by reason only of the residence therein of the donor except where a right of residence therein is reserved or secured directly or indirectly to the donor under the relevant disposition or under any collateral disposition.' 6. the supreme court pointed out in george da costa v. controller ..... to section 10 and could not accordingly be deemed to pass on the death of chunilal nathubhai under section 10. this contention is, in our opinion, without force. the tribunal has taken the view that the amounts withdrawn by the donees must first be attributable to income and it is only after income is exhausted that ..... of whatsoever kind or in any way whatsoever, and the charge of duty was, therefore, attracted under section 102(2) (d) of the new south wales stamp duties act, 1920. the judicial committee while dealing with this contention took the opportunity of reviewing the earlier cases and in particular attorney-general v. worrall, grey v. attorney-general .....
Tag this Judgment!Court : Gujarat
Reported in : (1980)2GLR376
..... of rajasthan v. nath mai and anr. : [1954]1scr982 . it was a case under the rajasthan foodgrains control order, 1949. the object of the act was to secure equitable distribution and availability at fair prices of the foodgrains and to regulate transport, distribution and acquisition of that commodity. clause 25 of the order besides regulating transport ..... prescribed form. any one who is posted in charge of the check-post will verify the information and issue the acknowledgement. or, if a clerk at the border check-post could not be trusted, mamlatdar in each taluka could have been empowered to perform this job. in a district, there are a number of mamlatdars. ..... sustaining and improving living standards in the country. article 301 embodies and enshrines the principle that the economic unity of the country will provide the main sustaining force for the stability and progress of the political and cultural unity of the country. it has also been observed that since such is the perspective, the .....
Tag this Judgment!Court : Gujarat
Reported in : (1986)1GLR196
..... is a highly disputed question of fact, apart from the consideration whether such agreement would be legal, having regard to section 15 of the central industrial security force act, 1968. the option forms signed by the petitioners themselves also indicate the condition with regard to transferability. it is significant to note that the option forms ..... for retirement.(6) suits filed by the plaintiffs were not maintainable because no notice as prescribed under section 21, sub-section (3) of the central industrial security force act, 1968 was given and, therefore, civil court had no jurisdiction to grant interim injunction.7. as regards ground no. 1 it should be noted that the ..... cannot transfer the opponents-plaintiffs. with regard to he contention of the petitioners that in view of the provisions of section 15 of the central industrial security force act, 1968 (hereinafter referred case or not is doubtful.) this he has observed in paragraph 17 of the judgment. the learned judge has not at all .....
Tag this Judgment!Court : Gujarat
Reported in : 1989CriLJ460; (1988)2GLR1028
..... officers with the powers of an officer-in-charge of a police station for the investigation of the offences under this act.(2) the state government may, by notification published in the official gazette, ..... narcotic drugs and psychotropic substances act, 1985 which reads as under:section 53(i):the central government, after consultation with the state government, may, by notification published in the official gazette, invest any officer of the department of central excise, narcotics, customs, revenue intelligence or border security force or any class of such ..... inquiry' is different from that of an 'investigation' under the code. the official status and powers of an officer of the force in the matter of inquiry under the 1966 act differ in material aspects from those of a police officer conducting an investigation under the code. particularly, he has no power to .....
Tag this Judgment!Court : Gujarat
Reported in : 1989CriLJ765; (1988)2GLR1404
..... the official gazette, invest any officer of the department of central excise, narcotics, customs, revenue intelligence or border security force or any class of such officers with the powers of an officer-in-charge of a police station for the investigation of the offences under this act,(2) the state government may, by notification published in the official gazette, invest any officer of the ..... state government to invest any officer of the department of central excise, narcotics, customs, revenue, intelligence or border security force or any class of such officers with the powers of an officer-in-charge of a police station for purposes of investigating the offences under the act. same is the position with sub-section (2) which empowers the state government to invest any officer .....
Tag this Judgment!Court : Gujarat
Reported in : 1990CriLJ1787; (1990)1GLR150
..... the official gazette, invest any officer of the department of central excise, narcotics, customs, revenue intelligence or border security force or any class of such officer with the powers of an officer-in-charge of a police station for the investigation of the offence under this act.(2) the state government may, by notification published in the official gazette, invest any officer of the ..... state government to invest any officer of the department of central excise, narcotice, customs, revenue intelligence or border security force or any class of such officers with the powers of an officer-in-charge of a police station for purposes of investigating the offences under the act. same is the position under sub-section (2) which empowers the state government to invest any officer .....
Tag this Judgment!Court : Gujarat
Reported in : (1990)2GLR947
..... p.s. act provides for the power of entry, search, seizure and arrest without warrant or authorisation. any officer (being an officer superior in rank to a peon, sepoy or constable) of the departments of central excise, narcotics, customs, revenue intelligence or any other department of the central government or of the border security force as is empowered ..... to law of such person or article. so far as dealing with such person is concerned, the officer is charge of the police station may either secure police custody remand or send such person to judicial custody under the provisions of the criminal procedure code. so far as the articles, which are produced before the ..... parcel. in that case, the prosecution had not adduced any evidence to establish that the accused was knowingly in possession of the opium. the accused had secured endorsement on the railway receipt from the consignee and presented it before the parcel clerk and obtained the parcel. there was no evidence that the accused was .....
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