Court : Gujarat
Reported in : (1963)4GLR721
..... desai contends that this result must follow from the language used in the first part of sub-section (1) of section 13 that section states that notwithstanding anything contained in the act and subject to the provisions of section 15 a landlord shall be entitled to recover possession of any premises if the court is satisfied and then follows a number of clauses which mention the grounds on which the satisfaction of the court is to be obtained. mr ..... this means that in the absence of anything to the contrary in the section or any other part of the act the court has to be satisfied about the existence of the conditions at the time when the right to recover is alleged to have ..... drew my attention to section 17 and specially the provisions of sub-section (2) of the act. ..... 1947) 2 madras law journal 419 which was a decision under a provision similar to the one contained in clause (g) of sub-section (1) of section 13 of the act. ..... word landlord has been defined in the act and the definition shows that it includes a person who has a title to recover the rent in respect of the premises in view of this definition it is clear that by virtues of the subsequent transfer the transferee becomes the landlord and as such the transferee would be included in the term landlord used in section 17. ..... (1) of section 13 of the act is a personal decree and that that decree can only be executed by the person who was the landlord at the time when the cause of action arose and that it cannot be executed by anyone .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1994Guj42
..... the petitioner resisted such application by contending that application for probate does not become a regular suit under section 295 of the said act and that in such application the court cannot hold inquiry about the title of the deceased over the properties ..... it is true that the civil procedure code does not provide for joint trial of the suits, but at the same time it is now well accepted position of law that under section 151 of the code of civil procedure in appropriate cases an order for consolidation of the ..... clear that the probate court will not go into the question as to whether property disposed of by the will was a joint or ancestral property or the self acquired property of the testator or as to whether the testator had title over the property ..... two proceedings which arise out of the same transaction or where substantial evidence which is to be led is common, a joint trial of such proceeding is advisable so that considerable public time and expenses would be saved if the two proceedings are tried jointly and the evidence is recorded in one of the two proceedings. ..... the petitioner except to the extent that i am partially modifying the order of the trial court so as to direct the trial court to hold joint trial of the probate proceeding as well as special civil suit no. ..... province of the testamentary judgment to determine whether the property covered by the wilil was the property of the deceased or not or was the joint property belonging to the deceased and some other person. .....
Tag this Judgment!Court : Gujarat
Reported in : (1965)6GLR282
..... council case in which the test of complete frustration was enunciated.after so quoting the passage their lordships observed as follows at page 677:in the view we take of the construction of the provisions of the act before us in the right of the principles of construction formulated by lord du parcq we do not consider it necessary to examine whether there are any further limitations qualifications or exceptions to the rule as ..... observations should not be read as definitely expressing the opinion that the requirement of public interest does not become the subject-matter of adjudication in proceedings before the court when the validity of an act passed under article 304(b) is questioned.though the observations in kherbaris case were made with respect to the question as to whether the requirement of public interest in article 304(b) is or ..... nanavati contends that in interpreting an order the court must bear in mind the direction given by the act itself in section 44 which is that any authority of person acting in pursuance of this act shall interfere with the ordinary avocations of life and the enjoyment of property as little as may be consonant with the purpose of ensuring the ..... be made binding on any public servant by functionaries other than the central government or its above kind of delegate but it is intended to provide only that if any act is done by a public servant contrary to the prohibition etc. ..... india rules 1962 that rule is enacted for the general control of industry etc. .....
Tag this Judgment!Court : Gujarat
Reported in : (1966)7GLR244
..... . sub-section (2) of section 6 provides that when a person is a member of a family, not being a joint family, then the lands held by his or her spouse or his or her minor children shall be grouped together for the purposes of the act and that the provisions of the act shall apply to the total lands grouped together as if such lands ..... to the land holding of a land-holder either as an owner or as a tenant or as a member of a family, not being a joint family, and enjoins on the mamlatdar to state the ceiling area in his jurisdiction and the area of land deemed to be surplus land under section 13 ..... not applied its mind to determine for itself the question whether grass lands are or are not fit for cultivation of rice, and,(iii) the provision contained in clause (f) of explanation to sub-section (6) of section 2 of the act, which leaves the state government to determine subjectively an objective fact is ultra vires the power of the state legislature and, therefore, void.we may at once state that, in the course of the ..... ineffective.when the learned advocate-general commenced his arguments, he started on the basis of the admission made by mr. nanavati in the above submissions that the power given to the state government under clause (f) of explanation to section 2(6) of the act was in the nature of delegated legislation and he contended that, on that admission, he was entitled to argue that the power so conferred could be exercised by the state government at any time and had to be given .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1989Guj11; (1988)1GLR266
..... for the respondent municipal corporation has submitted that the provisions of the bombay provincial municipal corporations act have been complied with and the action of the respondent- municipal corporation is in accordance with the provisions of the said act and the rules framed there under, and the petitioners are not entitled to claim fundamental ..... those who take law in their hands either by creating a device or otherwise and openly commit unlawful acts and thereafter when they are visited with the consequences of their unlawful actions, they cannot claim protection under ..... parties very well knew that the urban land (ceiling and regulation ) act was applicable to the land, so much so that an attempt is made to show that the parties were purchasing vacant land below the ceiling limit and therefore the provisions of the said act were not applicable and hence they were not required to take permission while ..... matter, both from the point of view of the urban land (ceiling & regulation) act as well as from the point of view of the provisions of the land acquisition act, the petitioners cannot claim any right whatsoever over the land or over the construction put ..... land (ceiling & regulation) act, 1976 the owners of the land knew that the land above the ceiling limit will be declared as surplus and would ultimately vest in the the sch 11lv, o the urban land (ceiling & regulation) act, the excess land so vesting in the government is to be distributed to the weaker sections of the society. .....
Tag this Judgment!Court : Gujarat
Reported in : 2001(74)ECC51; 2005(179)ELT129(Guj); (2001)4GLR3630; 2006[2]STR300; [2007]7STT29
..... the relevant provisions of the cantonments act and the bombay municipal boroughs act empowered the cantonment board/municipal borough to levy tax on the licensee of a cinema theatre on each show of ..... (5) 'architect' means any person whose name is, for the time being, entered in the register of architects maintained under section 23 of the architects act, 1972 (20 of 1972), and also includes any commercial concern engaged in any manner, whether directly or indirectly, in rendering services in the field of ..... cantonment board, poona : air1959sc582 , under section 100 of the government of india act, 1935, read with entry 50 in schedule vii thereto the provincial legislature had the power to make law with respect to 'taxes on luxuries, including taxes on entertainments, ..... cantonment board : air1959sc582 , that where the legislature has the power to make law with respect to tax on luxuries, entertainments, amusements, etc ..... to confine the operation of the entry only to taxes on persons receiving the luxuries, entertainments, etc. ..... expenditure incurred or payments made in such class of hotels in connection with the provisions of accommodation, residential or otherwise, food or drink, etc. ..... connection with income-tax, etc. ..... are not technically qualified for making/ providing financial accounting/tax planning techniques, etc. ..... professional services in the net of service tax, it has placed the services rendered by the goods transport operator, outdoor caterer and shamiana contractor, etc. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1968Guj124; (1970)0GLR226
..... capital value is not saved by the validation act or by any other provision of the municipalities act; (7) that the proportionate tax from 27th january 1964 to 31st march 1964 is not saved by the validation act or any other provisions of the municipalities act; (8) section 279 sub-section (2), of the municipalities act does not save the house tax for the period 27th january 1964 to 31st december 1964, ..... (5) that even in an authority to levy and collect the house tax can be conferred retrospectively such authority is not in fact conferred by the validation act inasmuch as that act does not attempt to amend section 73 of the boroughs act or any other provision of the boroughs act so as to confer retrospectively authority to levy and collect the house tax on the basis of capital value; (6) that, in any event, the house tax for 1964-65 levied on the basis of the ..... nor does any other provision of that act; and (9) that the impugned house tax rules and the house tax imposed thereunder are ..... past acts, being illegal in their inception, would continue to be so in spite of the validation act, unless section 37 and the other sections relating to assessment, collection, etc. .....
Tag this Judgment!Court : Gujarat
Reported in : (1966)7GLR532
..... attempt to secure uniformity of laws before reorganisation of the units would also have considerably retarded the process of reorganisation.therefore, though the case before their lordships of the supreme court arose under section 119 of the states reorganisation act, the ratio of that particular case as embodied in the passages which we have quoted is applicable to the facts of the present case.9. mr. ..... sheth, however, alternatively argues that, even if we hold on the basis of the aforesaid supreme court case that section 52 of the states reorganisation act, 1956, is not violative of article 14, the continuance of the differential treatment is so violative on the basis of the same ..... embodies the will of the legislatute in regard to the laws in general, having a territorial application, section 52 of the states reorganisation act, 1956, expresses the will of the legislature in regard to the specific law relating to the jurisdiction of the high courts and, therefore, not only that the primary intention of the legislature in enacting the states reorganisation act, 1956, was to bring into existence a homogeneous administrative unit, but its intention was also to ..... sheth contends that, if that provision is void, then, in that case, under the provision contained in section 49 of the states reorganisation act, 1956, the high court of bombay then existing for the state of bombay was to be deemed to be the high court for the new state of bombay and it would have the same jurisdiction over .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1968Guj64; (1967)GLR577
..... not in existence, that the only application which the landlord can make for possession is under section 29, an objection to the contrary having been rejected by us, that the district deputy collector has in terms passed an order under section 29 read with section 34 (1) of the tenancy act and that order passed under section 29 was not challenged before the gujarat revenue tribunal on the ground that it could not be so passed, it is impossible for us to agree merely on the aforesaid statement ..... the district deputy collector allowed the aforesaid appeal and passed an order under section 34, sub-section (1) read with section 29 of the tenancy act, for possession of the excess area measuring sixteen acres and thirty-four gunthas. ..... shah contends that, the application which was filed by the landlord on 18th march 1957 was an application made by him under sub-section (5) of section 34 of the tenancy act and that, sub-section (5) having been repealed, the landlord is not entitled to the benefit thereof. ..... the point which was raised before the tribunal and which was negatived was that the tenant had the right to choose, probably under section 32c, as to which particular land was to be selected by him in case he was in possession of an excess area, and that there was no machinery in the tenancy act under which that particular area, which could be designated as unlawful, could be demarcated. .....
Tag this Judgment!Court : Gujarat
Reported in : (1964)5GLR13
..... the court of the learned civil judge (senior division) ahmedabad on the appointed day and that the decree was passed by that particular court the matter being pending in that court it is cognizable under sub-section (7) of section 20 of the act and under section 20(1) it stood transferred to the city court on the appointed day.having regard to my aforesaid conclusion it is clear that the order of the city civil court transferring the matter to the narol court was ..... if any argument happens to be addressed to that court based on the fact that the property is not situated within its jurisdiction and if it is submitted that by reason of some law which has not been affected by the act such as for example sections 38 and 39 of civil procedure code the decree cannot be executed by the city court but requires to be transferred to some other court for execution then the city court will decide that question on its ..... it is also not disputed that under the civil judge (senior division) ahmedabad a number of joint civil judges were appointed under section 23 to assist him in the disposal of the civil business on his file and that these civil judges were either of the class of senior division judges or of junior division judges ..... therefore his contention is that what is provided for is not the abolition of the act of 1869 and the rules notifications and orders made thereunder but that what is provided for is only the non-application or the cesser of the application of those provisions rules etc. .....
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