Court : Gujarat
Decided on : Jul-04-1966
Reported in : AIR1967Guj118; (1967)8GLR311
..... the interpretation of the word 'suit' occurring in section 3 of the limitation act and lord russeel delivering the opinion of the privy council observed that the ..... have required an examination of the context of the statutory provisions enacted in the limitation act but fortunately this question is no longer open to controversy for it is concluded by a decision of the privy council in hansraj gupt v dehra dun mussoorie electric tramway co; ltd., . the privy council in this case concerned with ..... only in relation to a suit and the question must, therefore, resolve itself into a narrow one, namely, what is the suit contemplated by the limitation act. the word 'suit' has received different judicial interpretations in different enactments; some times it has received, narrow construction and sometimes a wider construction depending upon .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-16-1966
Reported in : AIR1967Guj269; (1967)8GLR418
..... accepted and, while deciding this point, they have observed that it appeared to them that such a contention was made possible only because the provisions of the act were not strictly followed by the officer concerned. after making these observations, their lordships gave the reasons fro coming to this conclusion. analysing section 11 it ..... giving of such notice under section 9 would not be touched and , therefore, the publication of the notifications under section 6 of the land acquisition act would stand as valid acts on the part of the collector(4) that takes us to second contention raised on behalf of the petitioners . the submission is that in an ..... and premises, which were being acquired . they therefore, approached the collector . thereafter the land acquisition officer sent them notices under sections 9 and 10 of the act on the 3rd of july 1961. the petitioners, except petitioner no.16 appeared before the land acquisition officer and filed their objections and made their claims. a .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-07-1966
Reported in : AIR1967Guj186; (1966)GLR850
..... present petition. petitioner withdrew that suit on 8th september 1959. according to petitioner , he did so because his suit was barred by section 4 of the pensions act 1871. petitioner has in this affidavit relied upon the recommendation made by his learned judge of the city civil court when passing the order of withdrawal. the recommendation was ..... a rare thing. under the circumstances, in our judgment, it is not correct to say that in a petition under article 226, the principles on which courts have acted when there are disputed questions of fact, have, in any way, undergone any change. in the present petition, there is no question of enforcement or any infringement ..... matter, is that, otherwise, petitioner has no remedy whatsoever to enforce his claim. in support of this contention, mr. vakil relies upon section 4 of the pensions act, 1874. that section bars the jurisdiction of a civil court to entertain a suit relating to pension. this is true. but the section itself shows that this is .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-11-1966
Reported in : [1967]63ITR1(Guj)
..... by the assessee in the taxable territories and the profit embedded in these sale proceeds was, therefore, liable to tax under section 4(1)(a) of the indian income-tax act. the assessee was also charged penal interest under section 18a(8) in the assessment for the assessment year 1948-49, on the view that the assessee had failed to make .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-11-1966
Reported in : AIR1968Guj38; (1967)GLR225
..... , it is necessary to reproduce that clause first:-'46. every municipality shall . . . . make . . . . rules, but not so as to render them inconsistent with this act , . . (i) prescribing, subject to the provisions of chapter vii, the taxes to be levied in the municipal district for municipal purposes, the grounds on which exemptions area to be ..... maybe given for he temporary occupation of , or the erection of temporary structures on, public streets or for projections over public streets. chapter vii of the act, deals with municipality taxation. the chapter consists of a number of sections beginning with section 59 and ending with section 81-a. these sects are groped together ..... under section 70' and other allied matters, section 48 empowers a municipality to make bye-laws but not so as to render them inconsistent with the act. those bye-laws can be made only with the previous sanction of the authorities mentioned in the section and after undergoing the procedure laid down therein. broadly .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-11-1966
Reported in : AIR1967Guj172; (1967)0GLR686
..... time being in force or any instrument having effect by virtue of any such law. in repelling this contention their lordships observed that the provisions of that act were prospective in operation and, therefore, nothing in those sections was inconsistent with the provisions of the state law in regard to its operation, with ..... different intention and so the rule contained in section 6 did not apply. the distinction between the two cases was that section 6 of the general clauses act kept alive the previous operation of the enactment repealed and things done and duly suffered, the rights, privileges, obligations or liabilities acquired or incurred and authorised ..... for the supply of electricity after recommendations of the rating committee. even though, therefore, the licensee is free from the restrictions imposed by the electricity act or from the provisions of any other law, agreement or instrument which are inconsistent with the rights of the licensee to make unilateral increase in the .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-04-1966
Reported in : (1967)ILLJ210Guj
..... senior clerks in the former saurashtra state, the public works department senior clerks should have also been absorbed as clerks. but, if the government were to act in that particular manner, it would be undoubtedly ignoring another principle which they had set to themselves, and that principle was the principle of the nature ..... . but, on 20 july 1960, the under secretary to the state of gujarat, which had, in the meantime, come into existence under the bombay state reorganization act, 1960, communicated to the director of agriculture, gujarat state, that the government of india had carefully considered the representations of the persons, mentioned in that letter, ..... servants (absorption, seniority, pay and allowances) rules, 1957 (hereafter called the rules), which were framed under the powers vested in the new state under the act read with art. 309 of the constitution. the steps which the new government was required to take, in order to complete the process of integration were the .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-03-1966
Reported in : (1967)0GLR167; (1968)ILLJ160Guj
..... it can terminate by a removal or by discharge and the declaration and injunction cannot prevent it from exercising these rights. section 56 of the specific relief act, 1877, provides inter alia that an injunction cannot be granted to prevent the breach of a contract the performance of which would not be specifically enforced. ..... officer at least two months before the necessity for the sanction or fresh sanction arises. 3. without the previous sanction of the municipality no promotion whether acting or substantive in a permanent or temporary establishment should be given to a municipal servant who is under extension. this rule does not debar such municipal servant ..... be violated. there are no absolute rules of natural justice. there scope and content must vary according to the nature and constitution of the statutory body acting as a tribunal. we shall examine later the relationship between a municipal employee and his employer, the municipality, and shall have occasion to point out that .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-06-1966
Reported in : AIR1968Guj64; (1967)GLR577
..... lands for the allotment thereof to persons who are in need of land for agricultural ...... and to provide for other consequential and incidental matters' therefore, the ceiling act is a general enactment. it is an enactment which has been enacted only for the purpose of fixing the ceiling area. its object is not directly to interfere ..... would govern the repeal of any enactment under the same. therefore, mr. shah concedes that, one has got to turn to section 7 of the bombay general clauses act, 1904, it is not disputed that, under that section, when any bombay enactment repeals any enactment, then, 'unless a different intention appears' the repeal shall not ..... the excess area, conferred an independent of the excess acres, conferred an independent right which was not dependent upon the right arising under section 311 of the tenancy act. the bombay high court, therefore, upheld the order of remand passed by the bombay revenue tribunal. the matter then went back to the tenancy aval karkun, who .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-08-1966
Reported in : AIR1967Guj154; (1966)GLR879
..... appellants to the special land acquisition officer were properly stamped under the bombay court-fees act, 1959. it was submitted that the question whether the applications were properly stamped with court-fee stamp or whether the requirement of s. 18 were ..... altogether unnecessary to examine the validity of the specific contentions. that contention was that the references having already been made by the special land acquisition officer acting under s. 18, it was not open to the learned civil judge to go behind the references and to examine whether the applications made by the ..... the appeals and they were as follows:(1) the special land acquisition officer discharging the functions of a collector under section 18 of the land acquisition act is a civil court discharging judicial functions and the applications made by the appellants to the special land acquisition officer were therefore applications filed in a civil .....
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