Court : Gujarat
Reported in : (1979)2GLR320
..... of the learned civil judge (junior division), surendranagar, raises an interesting question regarding the interpretation of rule 3-a of order 18 of the code of civil procedure, 1908, which was introduced on the statute book by code of civil procedure (amendment) act, 1976 (no. ..... insert a statutory provision.the provision which came to be recommended by the law commission in its fifty-fourth report was brought on the statute book world for word by the amendment act of 1976. ..... the language of rule 3-a of order 18 of the code, it will be advantageous to bear in mind the legislative history leading to the incorporation of this provision on the statute book by the amendment act of 1976. ..... we recommend that r 2 or r 3 of order xviii of the code of civil procedure be suitably amended so as to embody such a provision.however, in the twenty-seventh report of the law commission, at page 170, this recommendation was sought to be bypassed in the following words:the fourteenth report has ..... joshi, the learned advocate for the petitioner-defendant, submits that the provision of rule 3-a of order 18 of the code of civil procedure is mandatory and the court has no jurisdiction to permit examination of the plaintiff at a subsequent stage if permission of the court is not obtained at the commencement of ..... this request was resisted by the petitioner-defendant on the ground that the defence was clearly stated in the written statement and that it would prejudice his case if the plaintiff is now allowed to .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1995Guj130
..... 37, holding that the amendment would have the effect of permitting the defendant to introduce a new defence because the plaintiff has got a decree for eviction under section 13(1)(i) of the bombay rent act and as such if the defendant-appellant is permitted to amend the written statement, his case was likely to be within the, scope of section 13(1)(g) of the bombay rent act. ..... submitted an application in the said appeal at exh, 37, purporting to be under order 6, rule 17 of the code of civil procedure, seeking permission to amend the written statement, which was at exh. ..... this civil revision application is directed against the decision refusing to grant amendment in written statement of the petitioner, who is the original appellant-defendant ..... order 6, rule 17 of the code of civil procedure, 1908 provides that the court may at any stage pf the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may bejust, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties ..... view of the aforesaid discussion, civil revision application is allowed. ..... this civil revision application is filed against the judgment and order rejecting the application ..... petitioner being aggrieved by the said eviction decree, preferred civil appeal no. ..... facts giving rise to the petition may be stated thus:--respondent herein is the original plaintiff, who instituted a regular civil suit no. .....
Tag this Judgment!Court : Gujarat
Reported in : (1995)1GLR577
..... 37, holding that the amendment would have the effect of permitting the defendant to introduce a new defence because the plaintiff has got a decree for eviction under section 13(1)(i) of the bombay rent act and as such if the defendant-appellant is permitted to amend the written statement, his case was likely to be within the scope of section 13(1)(g) of the bombay rent act. ..... 37, purporting to be under order 6, rule 17 of the civil procedure code, seeking permission to amend the written statement, which was, at exh. ..... this civil revision application is directed against the decision refusing to grant amendment in written statement of the petitioner, who is the original appellant-defendant.relevant facts giving rise to the petition may be stated thus:2. ..... order 6, rule 17 of the civil procedure code, 1908 provides that the court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties. ..... in view of the aforesaid discussion, civil revision application is allowed. ..... the civil revision application is filed against the judgment and order rejecting the application exh. ..... the petitioner being aggrieved by the said eviction decree, preferred civil appeal no. ..... respondent herein is the original plaintiff, who instituted a regular civil suit no. ..... 37 in civil appeal no. .....
Tag this Judgment!Court : Gujarat
Reported in : (1966)7GLR597
..... of the rules empowered the central government or the state government, 'if it is satisfied with respect to any particular person that with a view to preventing him from acting in any manner prejudicial to the defence of india and civil defence, the public safety, the maintenance of public order, india's relations with foreign powers, the maintenance of peaceful conditions in any part of india, the efficient conduct ..... that, in the context of article 13, 'law' must be taken to mean rules or regulations made in exercise of ordinary legislative power and not amendments to the constitution made in exercise of constituent power, with the result that article 13(2) doss not affect amendments made under article 368.the learned advocate general reinforces the argument by contending that, in the context of our constitution, 'law' must be one which ..... the act enacted that the rules already made under the defence of india ordinance, 1962, as amended by the defence of india (amendment) ordinance, 1962, shall be deemed to have been made under the act as if the act had ..... in our judgment, the interpretation of the words 'public order' as used in article 19(2) of the constitution and preventive detention act, 1950, cannot be of much assistance because, as the first decision shows, the interpretation was based on the history of the amendment of clause (2) of article 19 and the juxtaposition, of that word with a number of other words which in their lordships' judgment were inclusive in the expression .....
Tag this Judgment!Court : Gujarat
Reported in : 1982CriLJ2255; (1982)1GLR61
..... considers that a fine will not meet the ends of justice and that a sentence of imprisonment is necessary shall, instead of sentencing him to simple imprisonment, direct that he be detained in a civil prison for such period not exceeding six months as it may think fit.the proviso to sub-section (1) of section 12 provides:provided that the accused may be discharged or the punishment awarded may ..... contempt as well because the attitude taken up by the state government and by the director of social defence lowered or tended to lower the authority of this high court inasmuch as the law clearly laid down by the high court was disregarded at various levels and even while making the amends by the order dated oct. ..... however, since we have found that there was both civil and criminal contempt as defined in the contempt of courts act, 1971 it is not necessary for us to examine the question regarding the contempt of court of this high court, power in respect of ..... respondents in this miscellaneous criminal application were guilty for their acts or omissions of civil contempt as defined in section 2(b) of the contempt of courts act, 1971 inasmuch as there was a prima facie case that there was a wilful disobedience of the judgment, direction and writ of this court in special civil application no. ..... state government exercised control including disciplinary control over its employees in the concerned department, acted in total disregard of the decision of this court in special civil application no. .....
Tag this Judgment!Court : Gujarat
Reported in : (1977)1GLR562; (1978)ILLJ215Guj
..... petitioner bhagwati prasad gordhandas bhatt, has questioned the correctness of the order annexure 'c' dated 9th january, 1973 so far as has posting in civil defence organisation and his continuity on department as per annexure 'd' dated 24th may, 1974 to civil defence organisation; and in the alternative he has prayed for a direction directing the respondents to grant all allowances admissible to him as police inspector in the police force of the state of gujarat. 2 ..... (1) appointment/deputation/transfer of the petitioner by the impugned orders as inspector in civil defence organisation is illegal and ultra vires inasmuch as a sub-inspector of police recruited and appointed in accordance with the provisions of the bombay policy act and bombay police manual cannot either be transferred or sent on deputation to any post or cadre outside the police force ..... government resolution dated 9th september, 1971 annexure 'g' is ultra vires as it provides for not paying special pay or deputation allowance to be given to those who are sent on deputation to civil defence organisation : (a) it is contrary to the provisions of the earlier resolution dated 7th april, 1969 which provides for allowances; (b) it is violative of art. ..... in fact in the bombay civil services rules, 1938 rule 17 was in identical language except last one line which is only a consequential amendment. mr. ..... bombay police act was enacted to consolidate and amend the law for the regulation of the police force in the state of bombay .....
Tag this Judgment!Court : Gujarat
Reported in : 1981CriLJ232; (1980)2GLR926
..... to show that criminal law amendment act, 1932, was enacted in order to curb civil disobedience movement, it has been further stated that since india became independent, there is no civil disobedience movement and that, therefore, criminal law amendment act, 1932, has become obsolete. ..... areas, without the police having the power to arrest an offender, it is likely to lead to unhealthy developments in the society, therefore, the policy and philosophy which section 10 of the criminal law amendment act,_ 1932 incorporates art) such as have rational nexus with the maintenance of law and order in urban areas where there is a large expansion of industrial and political activities. ..... to show is that a situation which led to the enactment of criminal law amendment act, 1932, is now non-existent and that, therefore, the said act has no application it has been stated in the affidavit filed on behalf of the central government that the civil disobedience movement was the immediate factual situation which led to the enactment of the criminal law amendment act, 1932. ..... earlier stage it was brought to the notice of this court that under sub-sections (1) and (2) of section 10 of the criminal law amendment act, 1932, notification had been issued by the local government which made offence punishable under section 506 of the i.p.c. ..... litigants similarly situated are entitled to avail themselves of the same procedural rights for relief and for defence with like protection and without discrimination.5. .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)4GLR3141
..... since all these proceedings pertain to vagadod taluka and the outcome of special c.a.no.10459/99 would also be applicable to special civil application 390/2000, with the consent of learned counsel for parties both the petitions have been heard together and are being disposed of by ..... (iii) section 9(2) of the panchayats act, as it stood prior to the amendment of 1993, provided for consultation with taluka panchayat, district panchayat and the nagar or gram panchayat before deciding on the question as to whether a local area shall be included or excluded to any ..... strong reliance is placed on the decision of the division bench of this court dated 24.4.97 in special civil application no.7240/97 (gujarat panchayat parishad vs state of gujarat) and on the decision of this court in patel ..... thereafter, on 25.1.2000 another petition being special civil application no.390/2000 came to be filed where also the petitioners challenged the decision to abolish vagadod taluka and they raised additional plea that the headquarters of vagadod taluka should be at jangral and ..... main petition is disposed of, civil application no.420/000 is ..... disputed before the apex court that the action of bringing more villages than one under one gram panchayat when they were earlier under separate gram panchayats did involve civil consequences.in the facts of the present case, the petitioners have not, however, brought any such facts on record to show as to how the abolition of vagadod taluka would involve civil consequences .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1966Guj149
..... states of madras and kerala : [1960]3scr887 , where, after reviewing its previous decisions, the supreme court held that after the fourth amendment act, 1955, the decision in bhanji's case : [1955]1scr777 would not hold the field and that article 31 as amended in 1955 must be said to be dealing with two subjects, under clause (2) with deprivation of property and under clause (1) with compulsory ..... payable out of the land revenue after dealing with the question whether the impugned act fell under entry 18 and entry 15 in the state list the supreme court observed that the subject matter of the legislation in question was the resumption of jagirs it further observed that though a contention was raised ..... share the supreme court held that as the jagirdars had sunk to the position of subjects on that date, the payment of revenues to them by the british government could only he on the basis of an implied grant to them the act denned 'jagir' inter alia as meaning any assignment of land revenue made by or on behalf of the state government, or any grant of money made or continued by or on behalf of the state government which purported to be or was expressed to be ..... that the act was so reserved and has duly received the assent of the president, clause (2) of article 31a as it existed before the constitution (seventeenth amendment) act, 1964. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1962Guj297; (1961)2GLR454
..... concluded that: 'there is no doubt, therefore, that the bombay land revenue code, 1879, was an existing law relating to land tenures in force in bombay at the time when the constitution (fourth amendment) act, 1955, was passed and article 31a in its amended form was introduced therein and the expression 'estate' had a meaning given to it under section 3 (5) there viz. ..... , while dealing with the bombay tenancy and agricultural lands (amendment) act, 1956- the supreme court in sri ram ram narain ..... , observed as follows: 'it was urged that the code was passed by the state legislature in order to consolidate and amend the law relating to revenue officers and to the assessment and recovery of land revenue and to other matters connected with the land revenue administration in the presidency of bombay and was ..... if there is any interest in land, whatever its nature, it would constitute 'estate' within the meaning of the bombay land revenue code, 1879, and that the whole object and intention of amending the constitution by inserting article 31a therein was to provide for expropriation of such interest in land by the state. ..... no, saved by article 31a because the lands resumed were neither estates nor jagirs, as defined in the act and, therefore, the notifications under section 21 of the act in so far as they related to them were illegal so far as the contention as to resumption was concerned, it was held that such resumption was not in enforcement of the rights which the rulers had to resume .....
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