Court : Gujarat
Reported in : AIR2001Guj329; (2001)1GLR697
..... the doctrine of the equity of redemption flows from the early development of case law on the subject by the courts in england to the effect that although a transaction of a mortgage pertains to immovable properly, it is also a contract between the parties relating to such property. .....
Tag this Judgment!Court : Gujarat
Reported in : 1953CriLJ503
..... 376:it is a general rule which has always been acted upon by the courts of england, that if any person procures the imprisonment of another, he must take care to do so by steps, all of which are entirely regular, and that if he fails to follow every step in the process with extreme regularity, the court will .....
Tag this Judgment!Court : Gujarat
Reported in : (1981)22GLR273
..... prior to gollin's case 1963-2 all er 966 in 1963 the courts in england had been taking the view that unless cruelty was aimed at either of the parties the stms would not amount to cruelty. .....
Tag this Judgment!Court : Gujarat
Reported in : [2007]138CompCas204(Guj); [2007]79SCL47(Guj)
..... act. in my opinion, filing of the aforesaid suit by some of the objectors and pendency of the same before the court in england cannot come in the way of considering the scheme by this court as it is the body of the creditors which has floated and supported the scheme with a view to protect its own interest coupled with the ..... the aforesaid statutory scheme which is clearly discernible from the relevant provisions of the act, as seen above, has been the subject of a series of decisions of the different high courts and this court as well as by the courts in england which had also occasion to consider schemes under pari materia english company ..... court. as far as the reliefs claimed in the suit pending before the court in england against icici and the company are concerned, consideration of the scheme cannot come in the way of grant of relief of declaration prayed in para 30[a] and [b] thereof if the english court is inclined to grant the same against .....
Tag this Judgment!Court : Gujarat
Reported in : [1976]103ITR298(Guj)
..... commissioner of income-tax has also considered the decisions of the courts in england, namely, strong & coapany of romsey ltd. v. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1992Guj140
..... this principle is well recognised and has been applied by courts in england and america. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1982Guj340
1. this is an appeal by the original plaintiff of the civil suit no. 125 of 1969 filed by him in the court of the civil judge (j. d.), dholka, being a suit for injunction seeking to restrain the defendant from interfering with his possession, which he had allegedly acquired from the two predecessors-in-title as per the agreement of sale, ext. 129 dated 28-3-69 followed by the regular sale deed, ext. 130 dated 15-11-69, which was procured by the plaintiff after seeking permission from the competent authority under the provisions of the bombay prevention of fragmentation and holding act, 1947, the permission being required because the suit land, originally consisting of two survey numbers, was constituted a block and given block no. 498 as per the provisions of the said act. the learned trial judge dismissed the suit. so the original plaintiff had filed the civil appeal no. 40of 1973 in the district court at ahmedabad (rural) at narol where the learned district judge came to dismiss the same. the present second appeal under s. 100 of the civil p. c., therefore, had come to be filed by the original plaintiff, who died during the pendency of the second appeal, and this appeal is being prosecuted by his heirs and legal representatives brought on the record as per the order passed by this court in the civil application no. 657 of 1982.2. the plaintiffs suit was essentially for a permanent injunction on the allegation that the suit field was owned and possessed by him as the .....
Tag this Judgment!Court : Gujarat
Reported in : (1981)22GLR712
..... so far as the question of judicial review is concerned, de smith's judicial review of administrative action, fourth edition, summarises the position in england at page 297:broadly speaking, however, one can say that the courts will show special restraint in applying tests of legality where; (i) a power is exercisable in 'emergency' conditions; an executive power, the exercise of which is not subject ..... of the high court under article 226 of the constitution with that of the english courts to issue prerogative writs is to introduce the unnecessary procedural restrictions grown over the years in a comparatively small country like england with a unitary form of government to a vast country like india functioning under a federal structure. ..... and in force in this country therefore, after the introduction of clauses (b) and (c) in article 226(1), there is no doubt that the high court cannot be confined to the narrow grooves of the historical notions with regard to writs in england but in the context of socioeconomic justice, we must mould the reliefs as to be effective. ..... that justice to the individuals caught up in an inquiry is as important as public interest to be served by the appointment of a commission, the royal commission on tribunals of enquiry, 1966 in england, laid certain cardinal principles with a view to avoid injustice 46 them. ..... his book 'the discipline of law', 1979 edition, lord denning, master of rolls in england has pointed out in part iii the question of locus standi. .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)4GLR3760
..... .'para-14 :- this, in our opinion, has been the trend of the more recent decisions of the privy counsel and indeed of latter day criminal jurisprudence in england as well as in india .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)1GLR71
y.b. bhatt, j.1. the present revision has been filed by the petitioner who is the original obstructionist in execution proceedings and the appellant in the lower appellate court. the first respondent herein, viz.. amarsingh baldevsingh chauhan, was a decree-holder who died during the pendency of the appeal before the lower court and came to be represented by laxmansingh baldevsingh chauhan. respondent nos. 2, 3 and 4 herein were parties to the original suit, but their status so far as the present revision is concerned, is not significant.2. the relevant and pertinent facts leading to the present revision are not only necessary to be examined, in order to focus the attention thereon in the correct perspective, but also present an outstanding case where lengthy, protracted and deliberately extended litigation tends to defeat justice, and results in frustration to those who are law-abiding citizens and seek to redress their grievances through due process of law instead of resorting to extra-judicial methods.3. amarsingh baldevsingh chauhan-original plaintiff was a landlord of the leased premises in question, and he filed h.r.p. suit no. 5202 of 1968 for eviction of his tenant and sub-tenants, and for possession of the leased premises under the relevant provisions of the bombay rent act. it is significant and important to note that this was the commencement of the litigation, in the year 1968, viz., almost 28 years ago. this suit was filed against shivnarayan dhulaji prajapati, .....
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