Court : Gujarat
Reported in : AIR1971Guj188
..... accrued right to obtain possession of the premises in question. the facts of that case show that before the term of the tenancy could expire, an amendment act came into force which deprived the landlord from getting the vacant possession of the property. their lordships of the supreme court on those facts, took the view that right of ..... prefers to exercise her option to revoke the disputed adoption. in his view, since the plaintiff has not exercised her option to revoke this adoption before the act came into force, her right of revocation of this adoption did not become vested or accrued and, therefore, it was not saved from the operation of the various provisions of ..... the fact of adoption of the defendant. (5) that on proper construction of sections 4 and 15 of the hindu adoptions and maintenance act of 1956, the custom in question was no longer in force on the day of the alleged revocation and, therefore, revocation in accordance with that custom could not have been legally made by the .....
Tag this Judgment!Court : Gujarat
Reported in : (1971)12GLR451
..... wilful failure to apply for registration. wilful failure means an intentional omission to apply for registration. the intention in question has reference to the non-registration under the act but failure, however, intentional it may be, to apply for registration does not necessarily involve an idea to conceal turn-over of sales and purchases. there would ..... 33 of the act, which requires reasons to believe that the dealer liable to pay tax has failed to apply for registration within time, ..... the notices are, in fact, issued under section 33 of the act, they fully fulfill the requirements of section 35 and, therefore, they should be construed as notices issued under section 35.37. we find that it can be contended with good deal of force that when the commissioner issued notices under sub-section (6) of section .....
Tag this Judgment!Court : Gujarat
Reported in : 1971CriLJ888; (1971)GLR509
..... quoting those observations bandhir singh j., observed :the words 'mutual consent' imply that the desire to live apart should emanate frois-both parties and that none of them should be forced to take recourse to separate living and ultimately to submit to it only as a result of circumstances brought about by one of the parties. if a husband is unwilling ..... be paid per annum. the wife thereafter made an application under section 488, asking for maintenance of bs. 100/ per month instead of bs. 100/. per annum, which had been secured for her by ex. d.i. it was in relation to those facts that bamaswami j. observed :there oan be no doubt that a magistrate purporting to ..... of randhir singh, j., in its entirety. whatever doubts may have existed prior to the amendment of section 488 by section 2 of the code of criminal procedure (amendment) act, 1949, it seems to me, that all the previous decisions which were largely based on the effect of refusal of the wife to live with the husband would no longer .....
Tag this Judgment!Court : Gujarat
Reported in : (1971)12GLR355
..... state co-operative bank,(b) in the state bank of india;(c) in the postal savings bank,(d) in any of the securities specified in the section 20 of the indian trusts act, 1882, (e)in shares, or security bonds, or debentures, issued by any other society with limited liability, or(f) in any co-operative bank or in any ..... , it may also be noted that this construction, if accepted, would render clauses (c), (d) and (e) as also explanation ii redundant and superfluous. to appreciate the force of this criticism, it is necessary first to ascertain what are the transactions referred to in section 46 or, in other words, what are the transactions in respect of which ..... would be desirable to set it out in extension. it reads, omitting portions immaterial:96. (1) notwithstanding anything contained in any other law for the time being in force, any dispute touching the constitution, management or business of a society shall be referred in the prescribed form either by any of the parties to the dispute, or by .....
Tag this Judgment!Court : Gujarat
Reported in : [1971]41CompCas1098(Guj); (1972)0GLR33
..... positive financial assistance and temporary protection from other claimants. if the state is ultimately successful in achieving these objectives, even the creditors whose dues are not secured, stand to gain. we are, therefore, of the opinion that the decisions relied upon by shri vakil would not help the petitioners in showing ..... what these three entries of the concurrent list provide. these entries are in the following terms : '22. trade unions; industrial and labour disputes. 23. social security and social insurance; employment and unemployment. 24. welfare of labour including conditions of work, provident funds, employers' liability, workmen's compensation, invalidity and old age ..... is to legislate conditionally as to all things which have been delegated. after the constitution of india came into force, there was a reference to the supreme court in in re delhi laws act, 1912, where the authorisation of the executive authority over a wide range of subjects was upheld by the supreme .....
Tag this Judgment!Court : Gujarat
Reported in : (1971)GLR690; (1972)ILLJ253Guj
..... (1946) 331 u.s. 704 (713-714), where the question was whether certain men were 'employees' within the meaning of that word in the social security act, 1935, which specifically aimed at remedying inequalities in bargaining power in industrial controversies. the judges of the american supreme court decided in the context in order to give ..... contractor of the concerned home-worker. therefore, the control test in this limited sense and the other test of the person being one of the labour force to produce the ultimate product of beedis or cigar manufactured in this industry would clearly show that the legislature was regulating the real employer-employee relationship in ..... , the legislature must provide for his welfare. therefore, no labour welfare measure can ever become complete, unless it embraces in its scope the entire labour force, howsoever employed in the industry. to deny legislative competence on the basis that only employment under a direct contract of service can be regulated by the .....
Tag this Judgment!Court : Gujarat
Reported in : [1971]79ITR373(Guj)
..... of hindu law there was severance of joint status on december 12, 1954. mr. vakil further on april 1, 1957, when the wealth-tax act came into force, the provisions of section 20 of the act could not be invoked in the case of this particular assessee and, hence, there was no question of issuing of a notice to the assessee ..... family for the assessment year 1957-58, the relevant valuation date being november 2, 1956. before the enactment of the act, which came into force from april 1, 1957, the assessee was being assessed to tax under the indian income-tax act, 1922, in the status of an hindu undivided family. for assessment year 1955-56, the assessee had claimed that ..... family would be deemed to continue to exist under section 25a of the indian income-tax act, 1922. after the coming into force of the wealth-tax act, the wealth-tax officer served a notice on the hindu undivided family under section 14(2) of the act and as no return was filed in response to the notice, the wealth-tax officer .....
Tag this Judgment!Court : Gujarat
Reported in : (1971)12GLR894
..... surest of all guards against improbity. it keeps the judge himself while trying under trial in the sense that the security of securities is publicity.sarkar, j. has observed in that case:it is well recognised that power to hold trial in ..... category of privileged documents no serious dispute generally arises; it is only when courts are dealing with marginal or border line documents that difficulties are experienced in deciding whether the privilege should be upheld or not, and it is particularly ..... to preventive detention was valid under article 22 and the order detaining the petitioner was valid as per law in force, yet if thereby the freedoms guaranteed to the petitioner under article 19 were infringed the validity of the law ..... public service and the whole thing was found unsatisfactory. the parliament intervenes and by the code of criminal procedure (amendment) act (26 of 1955) introduced section 198b which made notable departure in initiation of proceedings for offence of defamation. in the .....
Tag this Judgment!Court : Gujarat
Reported in : [1971]28STC339(Guj)
..... contract. however, such legal representative would be entitled under the terms of the contract to the value of the 'work already done' together with the refund of security deposit. (10) all the contracts further stipulate that the contractor should pay fair wages to the labour employed for the purpose of construction of the coaches, that ..... prohibition against the employment of children and clause no. 33 says that the contractor shall be responsible for complying with the provisions of the payment of wages act and rules made thereunder. in our opinion, all these clauses show that the railway administration has preferred to insist upon imposing the terms even as regards the ..... sale of the coaches in question and, therefore, they were all contracts for sale of goods liable to be taxed under the provisions of the sales tax act. he, therefore, carried out the assessment accordingly by adding the turnover represented by these three contracts. it is found that the assessment for the first period .....
Tag this Judgment!Court : Gujarat
Reported in : [1972]29STC419(Guj)
..... of the executive engineer and in case he did so, it would amount to a breach of the contract resulting inter alia in forfeiture of the amount of security. (12) the contract contained a stipulation to the effect that the assessee had to provide to the satisfaction of the executive engineer fully qualified or experienced and ..... railways. the observations of the supreme court made in that case, with reference to the terms in the contract with which it was concerned, would apply with equal force to the relevant conditions of the contract in the present case. besides, we find that under the contract the assessee was not only restrained from selling bricks, ..... tax, who heard the application, by his order dated 15th july, 1968, determined that the supply of bricks was a transaction of sale within the meaning of the act. 3. the assessee, being dissatisfied with the determination of the deputy commissioner of sales tax, preferred an appeal to the gujarat sales tax tribunal (hereinafter referred to as .....
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