Court : Gujarat
Reported in : (1974)15GLR603
..... passed in chapter proceedings under section 145 of the criminal procedure code prohibiting the plaintiff from entering her own properties. it was also pointed out that the case of the defendant in his ..... criminal case no. 552 of 1967, the defendant stated in his evidence that he came to know abdul karim rasulbhai the occupant after 10th april, 1967, when the chapter proceedings were commenced. it was also pointed out by mr. chhatrapati that the defendant got into the possession of the land since 20th april, 1967 pursuant to the order ..... originally the land belonged to one abdul karim rasulbhai and she was his tenant and became the statutory owner of the land on april 1, 1957 under the bombay tenancy and agricultural lands act, 1948. the defendant contended that he was a tenant in possession of the suit land from 1956-57 and was not a trespasser. the .....
Tag this Judgment!Court : Gujarat
Reported in : (1971)12GLR850
..... be elevated to the position of a statutory enactment so as to raise a necessary implication that a right of appeal not covered by the provisions of the chapter must be held to be excluded.27. the non-obstant clause at the commencement of section 116a also supports this construction which we are inclined to adopt. ..... their mention must exclude other words not mentioned.' the supreme court also emphasized this limitation on the application of the maxim in harish chandra v. triloki singh : [1957]1scr370 . it was contended in this case that order 6 rule 17 could not be held to apply to proceedings before election tribunal though the then section 90 ..... this section of itself, yields any necessary implication that there should be no appeal against intermediate orders.24. the necessary implication from an express provision of the act may also arise by reason of the application of the maxim expression units, exclusion alter us. the legislature may, by inclusion units exhibit an intention to effect .....
Tag this Judgment!Court : Gujarat
Reported in : (1963)4GLR105
..... if the rules were effective in the sense that subsequent approval had been given by the competent authority even then the rules were invalid because the procedure prescribed in chapter vii of the act had not been undergone. the submission was based on the ground that the rule no. 2 fell within the purview of sec46 clause (1). on the ..... decided to impose the tax which they had proposed in the meeting of the 8th of october 1956. this proposal was sanctioned by the government on 11th of july 1957 therefore it is quite clear that when the sanction was given the government only granted previous sanction for the selection of the other tax referred to in clause (j). ..... be effective in its entirety unless something in the act indicates to the contrary.reference was also made in this connection to the decision of their lordships of the supreme court in r.m.d. chamarbaugwalla and anr. v. union of india and anr. reported in article 1. rule 1957 supreme court 628 where similar principles were laid down .....
Tag this Judgment!Court : Gujarat
Reported in : (1967)8GLR718
..... in the context of setting of these sections in this chapter iii which confers special rights and privileges to a tenant and at the same time provides for distribution of land for personal cultivation, it is clear that if the ..... the landlord has given notice of the termination of the tenancy under section 31 prior to 31st december 1956 and has made an application also prior to 31st march 1957 for obtaining possession of the land, in which event, the date of the tillers' day is postponed till the day when such application is finally rejected. thus, ..... , hereinafter referred to as 'the act' a notice had been given and an application for possession was made as required under the said section in respect of only the two tenants daud isa and the petitioner. the tenancy aval karkun, dhandhuka, by the order, dated 25th august 1957, dismissed these applications on the ground that amarshi's tenancy .....
Tag this Judgment!Court : Gujarat
Reported in : (1969)10GLR288
..... subject-matter has merged in that award.35. a few facts leading to this appeal may well be set out. the parties to the civil suit no. 26 of 1957 filed in the court of the civil judge (j.d.) at padra, had formed a partnership firm as per the terms of an agreement, dated 9th april 1951 and ..... to appreciate the real contentions between the parties, it is necessary to state a few facts. the original plaintiffs filled a suit, being regular civil suit no. 26 of 1957 in the court of the civil judge, junior division at padra. the suit broadly speaking was for dissolution of the partnership and for taking accounts. the plaintiffs and the ..... which contains general provisions, and as stated in section 26, 'save as otherwise provided in this act, the provisions of this chapter shall apply to all arbitrations. 'now section 5 of chapter ii of the act makes the authority of an appointed arbitrator or umpire irrevocable except by leave of the court. it follows from this provision that once an arbitrator is .....
Tag this Judgment!Court : Gujarat
Reported in : (1993)2GLR1267
..... to be transferred to such other magistrate as may be specified by the chief judicial magistrate in this behalf.reference is then made to section 200 contained in chapter 15 dealing with complaints to magistrate. the provision reads:200. examination of complainant:a magistrate taking cognizance of an offence on complaint shall examine upon oath the ..... magistrate. the essence of the rule can be found well explained in the case of manek lal v. dr. prem chand singhvi and ors. reported in : [1957]1scr575 in a case of misconduct alleged against an advocate, the tribunal appointed by the learned chief justice of the high court of rajasthan consisted of shri chhangani ..... prejudice so attributed. it is obvious that pecuniary interest, however small it may be in a subject-matter of the proceedings, would wholly disqualify a member from acting as a judge. but where pecuniary interest is not attributed but instead a bias is suggested, it often becomes necessary to consider whether there is a reasonable .....
Tag this Judgment!Court : Gujarat
Reported in : (1976)17GLR1017
..... cannot be cut down by any external aid to construction such as reference to preamble, intendment of the legislature etc. vide attorney general v. prince ernest augustus of hanover 1957 appeal cases 436 at p. 460. as against this, the learned additional solicitor general drew oar attention to g. narayanaswami v. g. pannerselve and ors. : ..... them would be in the larger interest of the higher judiciary and the litigant public of this country. reference was made to the reorganization commission report of 1957 as to how judiciary composing of judges from outside the state would be more independent having less local connections. therefore, it was stated that such transfers ..... of higher judiciary. with a view to making the argument purposive, reference was made to act of settlement by which judges in united kingdom whose tenure was king's pleasure till the act was altered into tenure during good behaviour. chapter ii in part of the government of tenure is enacted in article 310(1) which again .....
Tag this Judgment!Court : Gujarat
Reported in : (1964)5GLR907
..... commissioners court from any decision of the judicial commissioner reached either in first or second appeal under the constitution of india became a union territory and a c state. chapter v of part vi of the constitution did not apply to the union territory. article 241 however empowered the parliament to constitute by law a high court for the ..... of 1952 was sled in the district court of kutch at bhuj on the 16th june 1952 that suit was dismissed by the district court on the 14th of october 1957. the plaintiff filed from the decree in that suit first appeal no. 8 of 1958 in the high court of bombay sitting at rajkot. that appeal was decided by ..... the said territories by any high court or judicial commissioners court for an existing state.we considered the effect of section 52 and other relevant sections of the reorganisation act of 1956 having a bearing on the construction of section 52 in a group of letters patent appeals from saurashtra the judgment in which has been delivered just before .....
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