Court : Gujarat
Decided on : Aug-05-1966
Reported in : (1968)9GLR24
..... extinguished without payment of any compensation and that surely is not a result which could have been intended by the legislature. moreover, section 19 of the act clearly postulates the continuance of leases of evacuee properties effected prior to the publication of the notification under section 12(1) indicating beyond doubt that leases of ..... of immovable properties specified in the schedule. now what is the immovable property in the present case which has been declared as evacuee property under the act? by the order of the assistant collector of evacuee property dated 13th january 1951 which was confirmed by the custodian of evacuee property by his order ..... the limits inter alia of a municipality which have been declared or are deemed to have been declared as evacuee properties under the administration of evacuee property act, 1950 now all the properties of sitar haji shakur were declared to be evacuee properties under the order of the assistant collector of evacuee property dated .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-20-1966
Reported in : (1968)9GLR261
..... fundamental provisions of the statute as would make, the entire proceedings before the appropriate authority illegal and without jurisdiction. similarly, if an appropriate authority has acted in violation' of the fundamental principles of judicial procedure, that may also (end to make the proceedings illegal and void and this infirmity may affect the ..... enacted, civil courts still have jurisdiction to interfere where fundamental provisions of the statute are not complied with, or where the statutory tribunals do not act in conformity with the fundamental principles of judicial procedure. gajendragadkar j., as he then was, speaking for the court on that occasion summed up the ..... inter alia that whoever contravenes any of the provisions of a notification issued under section 6 or evades the payment of any duty payable under the act shall be punishable with imprisonment or fine or both. section 33 confers power of adjudication of penalty and confiscation on certain specified excise officers. it .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-26-1966
Reported in : (1967)8GLR123
..... . jyoti narain : 1956crilj156 , bhagwati j. delivering the judgment of supreme court has considered the meaning of the word 'court' occurring in the contempts of courts act, 1952. there the supreme court was considering the distinction between an ordinary court of the country and judicial or quasi-judicial tribunals and this decision based on the ..... to assist the civil judge, senior division, baroda for disposal of civil matters on his file under the provisions of section 23 of the bombay civil courts act. the point which had arisen before the division bench was whether the joint civil judge, senior division, could have transferred the matter, which had been referred ..... the powers of civil judge, senior division, ahmedabad and the joint civil judge, senior division or junior division, ahmedabad, under the scheme of the bombay civil courts act, the decision of the division bench, with respect, is not binding on me. 14. the other decision on which reliance was placed by the learned advocate .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-12-1966
Reported in : (1967)8GLR436
..... of a personal claim. it is patently clear even from the admissions of the railway itself that the notice had been actually received by the railway and had been acted upon by the railway administration itself and the union of india in the written statement also accepts in terms the fact that the notice under section 80 had been received ..... amendment would be invalid for want of notice under section 80. that is why i do not think mr. walavalkar is entitled to contend that the learned district judge acted irregularly in refusing to allow the plaintiff to amend their plaint.7. this decision is on its special facts and it can have no application to the facts of the ..... was the complaint merely of non-delivery must be overruled as even in such a notice, there is implicit claim for compensation as required under section 77 of the railways act.6. mr. daru, however, tried to support the finding of the trial court on another ground which was not urged before the trial court. mr. daru contended that .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-26-1966
Reported in : [1967]37CompCas753(Guj); (1967)0GLR345
..... whole of india on the terms and conditions recorded in an agreement dated 10th april, 1961. pursuant to their employment as dalals under the said agreement, the applicants acted as dalals for sale of cloth manufactured by the company from 21st january, 1961, upto 31st march, 1962, and after giving credit to the company for various payments ..... not be considered as agents for any purpose whatever with respect to sales of cloth effected by the company to parties outside india directly. however the dalals will act as cloth dalals for all sales for export to customers in india. the company, however, reserves the right to appoint or sell through other selling agents in ..... by the company in matters arising under the agreement and this provision is also in no way inconsistent with the relationship of principal and agent. the agent must necessarily act in the matter of the agency according to the instructions of the principal. none of these clauses relied upon by mr. v. s. parikh provides that the .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-02-1966
Reported in : (1966)7GLR574
..... had been departed from and rejected the contention. their lordships then examined the expression 'as soon as may be' used in section 7 of the preventive detention act and came to the conclusion that that expression did not convey the same meaning as the words 'forthwith' and 'immediately'. ultimately, their lordships recorded their ..... mr. raval actually raises before us is different from the contention embodied in paragraph 21 aforesaid. that contention is that petitioner was arrested under preventive detention act at 3-35 a.m. on 8th september, 1965, and that this supported the contention that there were no materials before the first respondent which supported ..... first affidavit in reply, dated 20th november 1965, stated that, at that time, manhar had been told that petitioner was being detained under the preventive detention act. the first respondent stated in that affidavit that this part of the affidavit was based upon information derived by him from his record. the first respondent, .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-01-1966
Reported in : (1967)8GLR718
..... the said admission and ask for a fresh remand to get an opportunity to lead evidence to show that amarshi was not a 'tenant' within the meaning of the act. this is entirely a new ground for which no remand could be permitted at this stage. in the result, the first submission of mr. gandhi must be upheld ..... erroneous;(2) that the tribunal exceeded its jurisdiction in interfering with a pure finding of fact on the question of principal source of income;(3) that the tribunal acted without jurisdiction in so far as it had invoked power under the amended section 76 which could have no retrospective operation to a pending proceeding;(4) that the finding ..... respectively. the landlords did not terminate the tenancy of the said tenant amarshi and under section 31(2) of the bombay tenancy and agricultural lands act, 1948, 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 .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-29-1966
Reported in : AIR1967Guj276; (1967)0GLR307
..... the rate of nine per cent per annum which is three per cent less than the maximum rate of interest permitted to be recovered even under the bombay money lenders act. 1946.(3) mr. chhaya next contended that the annual instalments of rs. 5,000/- each fixed by the learned trial judge were too heavy having regard to the financial condition ..... provision conferring power on the court to postpone payment is concerned and the limitation as to rate of interest specified in section 34 cannot be invoked where the court is acting under order 20 rule 11 sub-rule (1) or (2). we must therefore reject the contention of mr. chhaya that in view of section 34 the learned trial judge was .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-01-1966
Reported in : (1966)7GLR1091
..... exercise of the power of punishment in case the delinquency is established. in our judgment, this means that, when a delinquency is being determined, the authority is not acting de hors clause (c), but is exercising the power which is conferred upon him under clause (c). in our judgment, when the authority reaches the conclusion that delinquency ..... that, the submission as formulated does not challenge the validity of the rule on the ground that it is inconsistent with clause (b) of section 5 of the act. but, apart from this, in our judgment, the submission as formulated surfers from a fallacy and cannot be upheld. the whole argument is based on the contention that ..... not exceeding one month's pay, any member of the subordinate ranks of the police force, who is guilty of any breach of discipline or misconduct or any act rendering him unfit for the discharge of his duty, which does not require his suspension or dismissal.(2)(a) the inspector-general, the commissioner and the deputy inspector .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-28-1966
Reported in : (1966)7GLR802
..... had no jurisdiction whatsoever to pass such an order under section 151. merely because the defendant tried to comply with such an order by applying for certified copies, the act of the defendant could not confer any jurisdiction on the court to pass such on order.5.1 mr. chhaya finally argued that in any case the error amounts ..... officers themselves to produce them. it was held that to direct a litigant to produce certified copy of such a confidential document would render section 54 of the income-tax act, 1922, a dead letter. such an order under section 151 for certified copy of. such a highly confidential document was held to be contrary to the authority, especially ..... by any parties thereto upon path of all documents in his possession relating to any matter in question in such a suit. even under section 165 of the evidence act a judge can order production of any document from any witness or from any party. in the present case, the original account books were not in the possession or .....
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