Court : Gujarat
Decided on : Aug-08-1973
Reported in : (1974)15GLR310
..... under the general provisions of sub-section (1). these observations are relevant for the purpose of considering whether in a case falling under section 12(3) of the rent act a tenant can claim any general protection contemplated by sub-section (1) of section 12. the supreme court has answered this question in the negative. of course the observations ..... before him in the following words:it appears that the observations reproduced above were based on the peculiar facts of that case viz. that the landlord, by a subsequent act of acceptance of part payment towards arrears, reduced the arrears from six months or more to less than six months. i am not called upon to decide whether ..... any discretion left in the court, statutory or otherwise not to pass a decree where under the general law of landlord and tenant, or under the transfer of property act, the landlord is entitled to a decree, unless there thing in that law or the terms of the lease which debars the landlord to obtain a decree.thereafter .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-17-1973
Reported in : (1974)15GLR675
..... my opinion, this decree is not according to law. with respect to both the learned judges, they have failed to consider properly the provisions of the rent control act. in my opinion, the statutory presumption under section 116 of the transfer of property which would give a cause of action to the landlord to recover possession under ..... this section does not include any clause entitling the lessor to claim possession on the ground of lessee disclaiming his title. section 111(g) of the transfer of property act states that:a lease of immovable property determines:(g) by forfeiture; that is to say. (1) in case the lessee breaks an express condition which provides that ..... would suffer greater hardship. he denied that he had disclaimed the title of the plaintiff. in fact, according to the defendant, sec, 114a of the transfer of property act was not applicable to the facts of the present case. he, therefore, prayed that the suit be dismissed. from the pleadings of the parties, the learned trial judge .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-06-1973
Reported in : (1974)15GLR766
..... standard rent. if the fourth and last condition for attracting section 12(3)(a) was satisfied, the tenant would not be entitled to the protection of the rent act and decree for eviction passed against him would have to be confirmed.15.1. mr. shelat then contended that the plaintiffs-landlords are not in immediate need of ..... thadikonda kotiswara rao and ors. , where the effect of the provisions contained in section 11 of the code of civil procedure read with section 44 of the evidence act were examined and it was observed that the provisions contained in section 11 of the code are mandatory, and the ordinary litigant who claims under one of the parties ..... dispute, either the industrial court or the industrial tribunal will resolve it. if there is a dispute about the standard rent, a special court set up under the rent act would have jurisdiction to resolve it. that jurisdiction is conferred by section 11 specifically. if, therefore, one has to give some meaning to the word 'dispute' in .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-05-1973
Reported in : (1975)16GLR11
..... the statutory grounds as the tenant cannot waive such statutory protection by agreement, but the court has further to see that even further mandatory conditions required by the act were satisfied before passing the eviction decree. i had also pointed out at page 1025 the settled distinction between a mere illegality and a nullity. if the ..... the court was satisfied that greater hardship would result to the landlord that the eviction decree could be passed. therefore, in cases arising under the bombay rent act when the ground of eviction is bona fide and personal requirement under section 13(1)(g), while judging the validity of a consent decree this additional fetter under ..... reasonable and bona fide personal requirement for his own occupation, that does not entitle the rent court to pass eviction decree so far as the bombay rent act is concerned. there would be an additional requirement to be satisfied on, the ground of comparative hardship and it is only when this question is duly considered .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-02-1973
Reported in : (1975)16GLR31
..... was essentially a question of fact.6. therefore, this decision of their lordships completely clinched this issue that this rule envisaged by section 34 of the arbitration act was equally applicable to arbitration by a tribunal, foreign as well as domestic. this decision also settles the other question that in such a case a contractual ..... laid down by their lordships in michael colodentz v. serajuddin : [1964]1scr19 . their lordships pointed out that the rule underlying section 34 of the indian arbitration act, 1940, was applicable to arbitration by tribunal, foreign as well as domestic. their lordships pointed out that where a party to arbitration agreement commenced an action for ..... of the court of budapest where the insurance company had a branch office. when stay was sought in that case under section 4 of the english arbitration act, 1889, romer l.j. categorically held that although such an agreement did not appoint a particular individual as arbitrator, it was a submission to submit the .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-07-1973
Reported in : (1975)16GLR181
..... the bombay decisions, i am unable to accept the ratio of the decisions of the madras high court, with utmost respect. mr. patel submitted that under the insolvency act, it would not be possible for the official receiver to pursue remedies as contemplated in execution proceedings provided under order 21, c.p. code. he, therefore, urged ..... person is not disqualified by reason of his insolvency from appealing.we have not been shown any authority for this proposition. under section 16 of the provincial insolvency act it is the property of the insolvent which becomes vested in a receiver. there are words which may be read as making insolvency equivalent to the civil death ..... when a person is adjudicated an insolvent, the whole of his property passes to the official assignee by virtue of the vesting order passed under the presidency towns insolvency act. consequently, nothing is left vesting in the insolvent which would give him a cause of action. so a suit by an insolvent in his own name, after .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-27-1973
Reported in : 1975CriLJ963; (1974)15GLR289
..... class, mandvi in criminal case no. 979 of 1972, convicting the petitioner-accused for the offence under section 131 read with section 33(1)(v)(i) of the bombay police act and sentencing him to pay a fine of rs. 10/- and in default to undergo two days' simple imprisonment, be set aside, as it is illegal, the reason being that .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-15-1973
Reported in : (1975)16GLR379
..... the state government to take into account and to correct the irregularities which may have been made by the subordinate officers in making orders under the gujarat panchayats act, 1961.in this view of the matter, i am of the opinion that the development commissioner who has been exercising the powers on behalf of the state ..... a fresh election to be held.4. the petitioner challenged that order in a revision application which he filed before the state government under section 305 of the said act. the development commissioner, gujarat state, by his impugned order replied to him that no revision application under section 305 was competent against an order made by the ..... who had dons it.3. meanwhile the respondents no. 1 and 2 made an application to the district development officer under section 55(6) of the gujarat panchayats act, 1961 in order to have the election of the petitioner set aside and to have a fresh election ordered. the district development officer found that the respondent no. .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-14-1973
Reported in : (1974)15GLR225
..... residence, continuously for a period of six months or more, the plaintiffs brought a suit to recover vacant possession thereof under section 13(1)(1) of the bombay rent control act. the defendant by his written statement ex. 8 contested the suit and denied various averments made in the plaint. the learned trial judge held that the plaintiffs had failed to .....
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