Court : Gujarat
Decided on : Jul-31-1968
Reported in : AIR1969Guj270; (1969)10GLR870
..... naturally the market value of the land rises accordingly. the market takes note of any possibilities for building purposes or for other purposes. under the land acquisition act the market value has to be determined for purposes of compensation. this market value itself includes estimates by the market of speculative advances in the values of lauds ..... if it was assumed that they had taken place, cannot, therefore, serve as a guide for determining the market value of the property under section 23 of the act.12. it was, however, urged by mr. mankad that mr. majumdar, the land acquisition officer, has admitted in his evidence about sales of adjacent lands having ..... any mutation entries in the revenue records showing such instances of sale of lands were enough to justify the court to treat as legal evidence required for acting upon the same in land acquisition proceedings. after referring to a portion of an interlocutory judgment delivered in that matter, whereby the matter was remanded to .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-06-1968
Reported in : AIR1969Guj320; 1969CriLJ1401; (1969)GLR985
..... clearly contravened the imperative provisions contained in section 264 of the criminal procedure code by passing the sentence without recording the judgment in the case and has that way acted illegally, such an illegality cannot be treated as an irregularity contemplated under section 537 or an omission as urged by mr. nanavati so as to become ..... the irregularities that may be committed by the magistrate during the proceedings. section 529 deals with certain irregularities in regard to issuing certain orders or doing some acts erroneously in good faith as set outtherein, the proceedings shall not be set aside merely on the ground of his not being so empowered. then section ..... brief statement of his reasons for the conviction. it appears, however, that this provision would not govern the present case, which was under the bombay prohibition act.6. the accused was tried, as already stated here above, for an offence of possessing liquor without any pass or permit so as to be liable under .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-18-1968
Reported in : AIR1970Guj141
..... meaning of 'occupation' in section 5(a)? whilst considering this question, it is necessary to bear in mind that the object of enactment of expenditure-tax act was to impose an annual tax on personal expenditure so that it might discourage excessive personal expenditure and encourage savings. the non-personal expenditure incurred by an assessee ..... to note that in enacting this exemption, the legislature did not restrict itself to the well-worn formula 'business, profession or vocation' employed in the income-tax act but enlarged it by adding a word of large connotation, namely, 'occupation'. the legislative intent clearly was to bring within the scope and ambit of the ..... . as generally understood, the term does not include an isolated or semi-occasional and temporary adventure in another line of endeavour, and does not extend to acts and duties which are simply incidents connected with the daily life... a person may engage in more than one occupation,..... or he may engage in two occupations .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-18-1968
Reported in : 1970ACJ440; (1970)0GLR71; (1969)IILLJ357Guj
..... commissioner may direct, section 17 which is the next relevant section reads as under : 'any contract or agreement whether made before or after the commencement of this act, whereby a workman relinquishes any right of compensation from the employer for personal injury arising out of or in the course of the employment shall be null and void ..... his right of compensation shall be null and void in so sar as it purports to remove or reduce the liability of any person to pay compensation under the act. 9. chapter iii is headed 'commissioners' and deals with various powers and functions of the commissioner and the manner in which the proceedings before the commissioner ..... commissioner as required by that section, the employer shall be liable to pay the full amount of compensation which he is liable to pay under the provisions of this act, and notwithstanding anything contained in the proviso to sub-section (1) of s. 4, shall not, unless the commissioner otherwise directs, be entitled to deduct more .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-11-1968
Reported in : AIR1970Guj67; (1970)0GLR273
..... to judicial review when such orders result in such serious consequences. even the principles of natural justice are held to be applicable and the authorities must act judicially in deciding such serious questions affecting the rights of the persons concerned. the supreme court has also clarified the nature of such inquiry when ..... was competent to give relief in appropriate cases if contrary to the scheme, the authority declined to grant a licence or import certificate or the authority acted arbitrarily. the supreme court even assumed that the scheme was not legislative but only executive in nature, even so the government and its officers were ..... the learned learned assistant government pleader in this case to contend that the petitioner had only a contractual right which cannot be protected under the essential commodities act, 1955. under s. 3 the central government had issued the imported foodgrains (prohibition of unauthorised sale) order 1958 clause 3 provided for prohibition of .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-23-1968
Reported in : AIR1970Guj37
..... on which the petition was founded were not proved. the petitioner had, therefore, filed the appeal against that decision under section 28 of the hindu marriage act in the bombay high court. the point raised before the high court was as to whether the appeal in that court was competent. while considering that question ..... judge subordinate to him original suits of which the subject-matter does not amount to fifteen thousand rupees in amount or value, applications or references under special acts, and miscellaneous applications. the assistant judge shall have jurisdiction to try such suits and to dispose of such applications or references. then it further, provides that ..... .......'. it is further observed that 'the order determining the apportionment of the compensation is not an award within the meaning of section 54 of the land acquisition act'. this decision came to be considered in the case of raghunath das harjivandas v. district superintendent of police, nasik, air 1933 bom, 187, and it .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-26-1968
Reported in : AIR1970Guj91; (1969)GLR412
..... attention was invited by mr. majmudar, the learned advocate for the respondents, that market value on the basis of which compensation is payable under s. 23 of the act means the price that a willing purchaser would pay to a willing seller for a property having due regard to its existing condition, with all its existing advantages, and ..... first established that it was a bona fide transaction and secondly that the transaction had taken place within a reasonable time before the notification under section 4 of the act.'in other words, it follows that of the comparable instances both in pint of time as also its quality which would help the court in ascertaining the market value ..... for assessing the value of the acquired land, if the sale has taken place within a reasonable time from the date of the notification under section 4 of the act and there is no evidence of any rise or fall in the prices during the interval. when the evidence for ascertaining the market value of the acquired property .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-01-1968
Reported in : AIR1969Guj76; (1969)GLR210
..... when the court is called upon to consider whether the award should be accepted as an adjustment or a compromise. the language of the proviso to section 47 of the act is, in my opinion, very clear and leads to this interpretation only. however, i refrain from entering into any detailed discussion of this question because in my opinion, as ..... case in abdul rahman v. md. siddiq : air1953mad781 has also laid down that if an award which is not obtained in accordance with the provisions of the indian arbitration act is accepted by the parties after it is made, the court is entitled to accept such an award as a compromise or adjustment of the dispute between the parties for ..... umedbhai & co. : air1953cal690 . mr. patel relied on these rulings in support of his contention that the consent required to be given under the proviso to section 47 of the act is a consent that should be given at the time when the court is hearing the contention that the award is a compromise or an adjustment of the suit and .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-03-1968
Reported in : AIR1970Guj106; (1970)GLR178
..... the creation of the lease an agreement between two parties is necessary and for entering into that agreement there is a bar of section 11 of the indian contract act, according to which all agreements are contracts if they are made by free consent of the parties competent to contract for a lawful consideration and with lawful object and ..... or authorised to dispose of transferable property not his own, is competent to transfer such property either wholly or in part. there is nothing in the transfer of property act according to which it can be said that a minor is disqualified to be a transferee. there is no question of application of section 7 because in the case ..... same principle would equally apply where the de facto guardian enters into a contract on behalf of a minor by which a liability for the minor is created and the act of the de facto guardian is without any legal necessity.3. mr. shah supported the reasoning of the learned district judge. the district judge dismissed the first appeal .....
Tag this Judgment!Court : Gujarat
Decided on : May-01-1968
Reported in : AIR1969Guj213; (1969)GLR734
..... high courts have not always appreciated that although error in a decision of a subordinate court does not by itself involve that the subordinate court has acted illegally or with material irregularity so as to justify interference in revision under sub-section (c), nevertheless, if the erroneous decision results in the subordinate ..... denned in the civil procedure code. but the fact that the third clause of section 115, civil procedure code, refers to the powers of revision where the subordinate court acted in the exercise of its jurisdiction illegally or with material irregularity would show that the words 'case decided' would include an order passed by a subordinate ..... amounts to a 'case decided.' the fact that the third clause of section 115 civil procedure code, refers to the powers of revision where the subordinate court acted in the exercise of its jurisdiction illegally or with material irregularity would show that the words 'case decided' would include an order passed by a subordinate .....
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