Court : Gujarat
Decided on : Aug-31-1968
Reported in : AIR1970Guj12
..... suit property in favour of the plaintiff was void - it being in contravention of the provisions contained in section 40 and 41 of the administration of evacuee property act (act no. xxxi of 1950), or under section 38 of the ordinance no.xxvii of 1949 which was in force then. according to him, since it was an ..... purchase money paid or in respect of the earnest money referred to therein. now while the latter part contained in section 54 of the transfer of property act requires an act of parties for creating any right or interest in any such property comprised thereunder, unless it is so created there is no such right or interest created ..... until that event has happened. if the event becomes impossible, such contracts become void. on the basis of this provision contained in section 32 of the indian contract act, he contended that the performance of the contract depended upon the defendant obtaining a certificate from the custodian and that, therefore, it became a contingent contract. his .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-12-1968
Reported in : AIR1970Guj108; (1970)0GLR208
..... or one thousand rupees, whichever is more. it is a provision imposing penalty and therefore it should not be construed retrospectively so as to impose penalty for an act committed prior to its coming into force unless such effect cannot be avoided without doing voilence to its language. now, there is nothing in the language of ..... a certain regulation was ultra vires the regulation-making power conferred on his majesty in council by section 1, sub-section (1) of the defence of realm consolidation act, 1914 and dealing with this question, darling j., stated the following test:'............ and i ask myself whether it is a necessary, or even reasonable, way to aid ..... notes, currendy notes, securities or foreign exchange;'on 9the january 1963, the central government, in exercise of the power conferred under s. 3 of the defence of india act, amended the defence of india rules by introducing part xii-a comprising rules 126-a to 126-z, (hereinafter referred to as the gold control rules, 1963). rule .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-18-1968
Reported in : [1968]22STC271(Guj)
..... is chopped and reduced to the condition of firewood. the chopped timber after this process of chopping is totally a different commercial commodity so far as the present act is concerned as it is reduced from timber to firewood. these two commercial commodities which are sold under two different marketable names have totally different connotations. when ..... 'coal' included 'charcoal'. at page 472 their lordships pointed out that it was now well settled that while interpreting items in statutes like the sales tax acts, resort should be had not to the scientific or the technical meaning of such terms but to their popular meaning or the meaning attached to them by those ..... 32 in schedule c in terms excludes from timber, firewood and it would cover only that category of timber which does not fall in the definition of firewood. the act has not defined these two terms and, therefore, we will have to interpret these two terms 'firewood' and 'timber' on settled principles of interpretation. 4. the .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-03-1968
Reported in : AIR1970Guj149
..... we may first look at the language of rule 55-b. the expression used is 'to terminate the employment.' the word 'employment' in the context means 'occupation or act of employing' or 'state of being employed' and therefore, unless there is an indication to the contrary the normal meaning of termiantion of employment is the one which ..... its functions or exercise its powers under the act and as to these employees the commission has power under this section to provide by regulations for their functions and the terms and conditions of service. section 13 ..... survive in respect of the employees of the government of india who were taken over by the commission. the relevant provisions are sections 12 and 13 of the act. under section 12 the commission is empowered to appoint such number of employees as it may consider necessary for the purpose of enabling it efficiently to perform .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-06-1968
Reported in : (1970)11GLR51
..... there is no reason why the words 'liability in respect of actionable wrong' should be understood in the restricted sense of liability for damages for completed tortious acts. further proceeding, his lordship observed that indeed the words 'other than breach of contract' used in article 10(1) make it plain that the expression ' ..... : [1951]19itr132(sc) , where article 10(2)(a) of indian independence, the (rights, properties and liabilities) order, 1947, issued finder the indian independence act, 1947, dealt with a similar question of distribution of liabilities between the two newly created dominions and the identical expression in liability in respect of actionable wrong other than ..... therefore, filed the present appeal on 24th august 1960 only against the state of gujarat which came into existence on 1st may 1960 under the bombay reorganisation act, 1960. when this appeal came for hearing, mr. oza for the plaintiffs sought an amendment to join the state of maharashtra, as the question arose .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-02-1968
Reported in : [1969]71ITR1(Guj)
..... of hindu law, but to all schools,' and it would, therefore, be 'a mistake in method to begin by pasting over the wider phrase of the act the words hindu coparcenary'. a hindu joint family consists of all parsons lineally descended from the common ancestor and includes their wives and unmarried daughters. a hindu coparcenary ..... undivided half share in the properties of the hindu undivided family devolved by succession o n her children in equal shares under the provisions of the hindu succession act, 1956, and the assessee was, therefore, entitled to two-thirds share in the said properties but, since the assessee was a sole surviving coparcener having full ..... and on his death, his undivided share in then joint family properties devolved on his widow, shantaben, under section 3(2) of the hindu womens rights to property act, 1937, and the hindu undivided family continued with only the assessee, his mother, shantaben, and his two unmarried sisters as members. the income of the properties continued .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-30-1968
Reported in : AIR1969Guj195; 1969CriLJ902; (1969)GLR646
..... it done in the full bench case.8. mr. shah, then invited a reference to the report of the select committee; 1916 when amendments were made in this section by act xviii of 1923. the material part sought to be relied upon runs thus:--'the provisions of section 195 cause constant and great difficulty, and various amendments have been suggested which .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-18-1968
Reported in : 1969CriLJ1286
..... or at the instance of the high court acting suo motu, the convicted person himself, whose appeal has been summarily dismissed is bound by the order summarily dismissing his appeal and he would not be entitled to present ..... 489, criminal p.c. so far as the exercise of that power is concerned at the instance of the state or of an interested party or of the high court acting suo motu. but barring this exercise of the power under section 439, criminal p.c. at the instance of the state or at the instance of an interested party ..... . in chopra's case : 1955crilj1410 (supra), what happened was that chopra was convicted by the presidency magistrate, 13th court, bombay, of an offence under section 66(b), bombay prohibition act, and sentenced to undergo imprisonment till the rising of the court and to pay a fine of rs. 250 or to undergo rigorous imprisonment for one month. chopra preferred an .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-16-1968
Reported in : (1969)10GLR164
..... 296 admeasures 20 acres 29 gunthas and is situate on kotharia road in rajkot. it appears that the saurashtra housing board constituted under the saurashtra housing board act, 1954 required survey no. 296 for executing a low income group housing scheme and therefore the commissioner, rajkot division issued a notification dated 9th october 1959 under ..... section 4 of the act notifying that survey no. 296 was likely to be needed for a public purpose, namely, low income group housing scheme on kotharia road. the petitioners lodged ..... saurashtra housing board was succeeded by the gujarat housing board with effect from 1st september 1961 as a result of the enactment of the gujarat housing board act, 1961 and the gujarat housing board thereafter took up the execution of the low income group housing scheme on kotharia road. notice under section 9 was .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-20-1968
Reported in : (1969)10GLR274
..... of an administrative character. on the other hand these factors show beyond doubt that the proceedings are of a judicial or quasi-judicial character and the authority acting under that section was bound to give an effective hearing to the party against whom the order was purported to be passed. it is, therefore, not ..... situated at dhandhuka, district ahmedabad. the petitioner applied to the mamlatdar, dhandhuka, for an exemption certificate in respect of the lands under section 88c of the act and the mamlatdar granted the exemption certificate in favour of the petitioner on 24th september 1958. on 1st january 1962 a tenant made a representation to the state ..... petitioner was called and his statement was recorded by the aval karkun. thereafter the impugned order was passed under sub-section (1) of section 88d of the act revoking the certificate that was granted to the petitioner under section 88d by the mamlatdar of anand. the order revoking the certificate was passed under the signature .....
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