Court : Gujarat
Decided on : Apr-24-1968
Reported in : (1969)GLR710
..... there was no claims tribunal in existence for the area concerned. the claims tribunal for that area was constituted by a notification issued under section 110 of the act on 28th june 1963. now the representatives of the deceased somaji preferred an application before the claims tribunal on 24th july. 1963 claiming compensation for the death of ..... a period of sixty days before the constitution of the claims tribunal, the claims tribunal had no jurisdiction to entertain the claim under section 110-a of the act. the claims tribunal tried this as a preliminary issue and held that it had jurisdiction. against this order the owner of the motor truck had preferred the ..... judge before whom it was made rejected the application holding that the award was beyond time. in an appeal to the high court under section 39 of that act it was contended by the respondent that the appeal was not maintainable. the court rejected that contention observing: 'it is admitted that an application under section 14 .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-17-1968
Reported in : AIR1970Guj73; (1970)0GLR108
..... no. 1's dues under his first mortgage was no other than the mortgagor. his case, therefore, would not fall under paragraph (1) of section 92 of the act - any such mortgagor is excluded from persons getting a right of subrogation thereunder. his case would fall under paragraph (3) of section 92 - as person having advanced money ..... rao, j. states the law to the same effect but in different terms. he says:'the first clause enunciates no new principle (vide s. 74, transfer of property act, since repealed). it applies to all persons who have an interest in the equity of redemption and are under no personal obligation to discharge prior incumbrances. clause 3 has ..... with him would also be excluded. the intention of the legislature could not be otherwise. if a mortgagor is excluded, all such persons getting right through him or acting on his account either as an agent or representative, or under any such covenant remain also excluded. otherwise the mortgagor can creep in by such a method and defeat .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-05-1968
Reported in : [1970(20)FLR121]; (1969)10GLR622; (1970)ILLJ210Guj
..... claiming to be the descendants of former ruling chiefs in some districts of madhya pradesh applied under the central provinces and berar revocation of land revenue exemption act, 1948, for grant of money or pension as suitable maintenance for themselves. they held estates in two districts on favourable terms as jahgirdars, maufidars and ..... and a decision resulting in the disposal of the matter on findings bases upon those questions of law and fact. the administrative authorities having a duty to act judicially cannot, therefore, decide on considerations of policy or expediency. they must decide the matter 'solely on the facts of the particular case, solely on ..... should make a speaking order the question arises in reference to an order made by the conciliation officer under s. 33(2)(b) of the industrial disputes act, 1947. a conciliation proceeding was pending before the conciliation officer in regard to an industrial dispute between the petitioner and its workmen. during the pendency of .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-16-1968
Reported in : AIR1969Guj152; (1969)GLR571
..... compromise purshis and therefore the payment should be made on 20th june 1958 at the latest he relied upon the provisions of clause vii of article 182 of the limitation act and stated that the application for execution should have been made on or before 20th june, 1961. he also argued that the decree in fact bears date '20-3 ..... pronounced and therefore, the period of limitation should run on the basis that the decree is dated 20th march 1958. if clause i of article 182 of the indian limitation act applies, then the execution application being more than three years from the date of the decree is barred by limitation. if however clause vii of article 182 applies, even ..... which would mean that the decree directs the payment to be made at least on 20th june 1958 if not earlier and under article 182, clause (vii) of the limitation act of 1908, the application for execution of the decree should have been made within three years from 20th june 1958, that is on or before 20th, june 1961. since this .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-14-1968
Reported in : AIR1969Guj169; (1969)GLR600
..... -dence of the intention was not admissible for the purpose of construing deeds or ascertaining intention of the parties. by section 92 of the indian evidence act no evidence of any oral agreement or statement could be admitted as between the parties to any such instrument or their representatives in interest for the purpose ..... of property, or of such matter, except the document itself or secondary evidence of its contents in cases in which secondary evidence is admissible under the act. the original documents would conclusively prove the contents. section 92 is only supplementary to section 91 and it in terms excludes oral evidence as between the ..... the lower courts erred in considering extraneous evidence of surrounding circumstances in holding that they constituted a single transaction in plain violation of section 92 of indian evidence act. (2) that in any event the aforesaid bombay decision in air 1958 bom 8 was erroneous and. therefore, the lower courts erred in considering evidence .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-01-1968
Reported in : AIR1969Guj178; (1969)GLR457
..... and without getting another registration the first requirement of section 69(2) cannot be fulfilled. mr. nanavati on the other hand pointed out a number of sections in the act to show that the expression 'firm' has been loosely used. section 31(1) provides that subject to contract between the partners and to the provisions of section 30, ..... necessity of a fresh registration if the continuing firm was a registered firm which was registered with the registrar of firms by the order under section 59 of the act. 9. as regards the second condition the controversy centres round the ex-pression 'the persons suing', as the second condition requires that the persons suing are or ..... this exception in rule 4 only to the case where the partner dies makes it amply clear that otherwise the provisions of section 45 of the indian contract act would normally prevail and any suit without joining all the partners or by the compendious use of the firm name without disclosing all the partners would obviously fail .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-16-1968
Reported in : AIR1969Guj239; (1969)GLR811
..... extraneous and irrelevant considerations. difficulty only arises in the border-line cases where there is ambiguity. under the proviso to section 58(c), transfer of property act, if the sale and agreement to repurchase are embodied in separate documents, then the transaction cannot be a mortgage whether the documents are contemporaneously executed or not ..... the document under scrutiny was executed on april 15, 1930. before the execution of the document the executants initiated commutation proceedings under section 40 of the bihar tenancy act. those proceedings continued till february 18, 1931 i. e, for some ten months after the deed. the executants borrowed rs. 65/6/- to enable them ..... period of three years, that the executee will have full rights over the property and also he will have rights for effecting sales and also all other acts of ownership. taken along with all these, the expressions '(words in malayalam script omitted)' clearly show it is only a giving back or surrender of .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-13-1968
Reported in : AIR1969Guj276; (1969)GLR931
..... one has any proprietary right over the same. but such a right of the government stands affected by reason of the provisions contained in section 7 of the indian easements act. section 7 runs thus:--'7. easements are restrictions of one or other of the following rights (namely):-- (a) the exclusive right of every owner of immovable property ..... or disadvantages as the lands under acquisition. those instances must also be nearer in point of time to the date of notification published under section 4 of the act for the acquisition of lands. we are, therefore, required to consider the instances of sale in this matter and find out as to whether they fulfill the ..... learned advocates appearing for both the sides, it appears essential to point out that a notion prevails among the courts below hearing such matters arising under the land acquisition act that they sit, as it were, in appeal against the award of the land acquisition officer and they deal with the reasons given in the award on that .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-08-1968
Reported in : AIR1969Guj308; (1969)GLR1011
..... due respect to the division bench we do not find ourselves in agreement. the question of jurisdiction is bound up with other matters besides the code. under the courts acts which are prevalent in all states, some courts have jurisdiction to try suits only upto a particular value. in our opinion, it would lead to endless confusion if ..... payment of court-fees and till the court fees are paid, the plaint being a document, referred to in schedule i, in view of these provisions of court-fees act, that document cannot be filed, exhibited or recorded in the court of justice. the legislature has advisedly used the words in section 25 -- 'every suit shall be instituted ..... chargeable to court-fees. such a document, therefore, cannot be filed, exhibited or recorded in any court of justice in view of these provisions of the court-fees act. as seen earlier, section 26 contemplates institution of a suit by presentation of a plaint ordinarily in case of a pauper, the pauper does not want to pay court .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-11-1968
Reported in : AIR1970Guj43; (1969)GLR661
..... impotency in so far as they may have a bearing on the availability of corroborative evidence. the essential ingredient of impotency is the incapacity for accomplishing the act of sexual intercourse and in the context it means not partial or imperfect, but a normal and complete coitus. this incapacity may arise either from a structural ..... is not a matter of number or quantity but of quality. in sarkar's evidence act the authority in his commentary under that section refers to certain english laws requiring quantitative proof in certain cases. our legislature has not made any such provision ..... before referring to the authorities to which he invited my attention it would be appropriate to deal with the matter on principle. section 134 of the evidence act which provides that no particular number of witnesses shall in any case be required for proof of any fact embodies therein the principle that sufficiency of evidence .....
Tag this Judgment!