Court : Gujarat
Decided on : Jan-24-1973
Reported in : (1974)15GLR345
..... section 31(3). however section 2 which defines several statutory expressions including the expressions 'tenant' and 'landlord' opens with the following words:in this act unless there is anything repugnant in the subject 01 context....it is necessary therefore for us to determine whether there is any internal evidence to support the ..... filed against the petitioners another application under section 31 read with section 29 of the tenancy act for recovering possession of these lands which is also pending. on 21st august 1969 the petitioners made another application to the mamlatdar for fixing the purchase ..... on 25th november 1969, respondent no. 4 filed against the petitioners an application before the mamlatdar under section 14 read with section 29 of the tenancy act for recovering possession of these lands. that application is now pending at a revisional stage before the gujarat revenue tribunal. in january 1970 respondent no. 4 .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-17-1973
Reported in : (1973)14GLR903
..... heading provisions relating to presidents, vice-presidents and councillors of municipalities. we are not concerned with the remaining provisions of this chapter. chapter iv of the act deals with the conduct of business and under the group of sections 51 and 52 with the heading municipal meetings, provision has been made with respect to ..... 2 shall be removed from the presidentship as well as the membership as an ordinary councillor from the municipality under section 37, sub-section (1) of the act. this resolution of november 2, 1972 authorised the present petitioner to furnish all relevant papers to the government of gujarat and the resolution directed the chief officer ..... of the municipality was hied under the chairmanship of the vice-president 'to discuss a motion of no-confidence' moved under the provisions of section 36 of the act, and the motion was against respondent no. 2, the president. at that meeting, 18 councillors, including the president and the vice president, were present and .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-22-1973
Reported in : (1974)15GLR209
..... the tenant's family residing with him at the time of his, death as may be decided in default of agreement by the court. now the rent act is an act enacted for the benefit of tenants and under it certain benefits are conferred on the tenant. one of such benefits is the protection of irremovability which is ..... . he has, therefore, contended that in view of this definition of 'tenant' and particularly, in view of clause (c)(i) of section 5(11) of the act, the present petitioners would be the statutory tenants and that would be, independently of deceased chhotubhai. in short, his submission was that on the death of chhotubhai-original statutory ..... 12 gujarat law' reporter 492. it has been observed there in:execution proceedings arising out of the decree passed after the coming into operation of the bombay rent act are included in the expression proceeding' used in section (1) of section 28. therefore, original execution proceeding for recovery of possession between a landlord and tenant are .....
Tag this Judgment!Court : Gujarat
Decided on : May-02-1973
Reported in : (1974)15GLR107
..... -residential... and in particular to provide for controlling the rents or rates... and for preventing in certain cases eviction from the accommodation supplied....' the object of the act being to e protection to tenants who are ready and willing to pay rent and the definition of the word 'tenant' being given in wide terms any restricted ..... the transmission of protection takes place at second, third or fourth or further stages, the protection holds good. in the context and the object for which the act was enacted, it would be artificial construction of section 5(1 l)(c) to hold that the transmission of protection contemplated thereby takes place only once. to ..... the county court.it may be observed that the words 'dying intestate' occurring in toe aforesaid provision were repealed by the increase of rent and mortgage interest (restrictions) act, 1935. in that case, the defendant's father became a tenant of the suit premises in 1916; and after his death his widow continued in possession. she .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-17-1973
Reported in : (1974)15GLR303
..... sub-section (1) and sub-section (2) clause (iii) in trying and hearing suits and proceedings exclusively triable by it under section 28 of the rent act. the rent act rules made by the state government under section 49, sub-section (1) and sub-section (2), clause (iii) must, therefore, govern the procedure of the ..... decrees and distress warrants), applications, appeals and execution of orders. in exercise of that power, bombay rent act rules have been framed by the state government, which prescribe the procedure, to which reference has already been made by me earlier. it is, therefore, evident ..... procedure in trying and hearing suits, proceedings, applications and appeals and in executing orders made by them.as said earlier, section 49 of the bombay rent act empowers the state government to frame rules in regard to the procedure to be followed in trying or hearing suits, proceedings (including proceedings for execution of .....
Tag this Judgment!Court : Gujarat
Decided on : May-04-1973
Reported in : (1974)15GLR474
..... is correct, there can be no doubt that the respondents must succeed. it is a well-settled rule of interpretation now embodied in section of the general clauses act, 1906, that where a statute repeals a repealing enactment, it shall not be construed as reviving the enactment previously repealed, unless words are added reviving that ..... high court as specified in clause 16 was confined only to the jurisdiction to hear appeals from the civil courts mentioned in that clause and appeals under acts passed and regulations in force upto the year 1866 and if any appellate jurisdiction was conferred on the high court by any subsequent statute, it was not ..... establish high courts of judicature at fort william in bengal, madras and bombay and section 9 provided that 'each of the high courts to be established under this act shall have and exercise all such civil, criminal... jurisdiction, original and appellate and all such powers and authority for, and in relation to, the administration of justice .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-20-1973
Reported in : 1975CriLJ614; (1974)15GLR852
..... by rule 7 of the prevention of food adulteration rules. 1955 (hereinafter referred to as 'the rules'), is admissible in evidence under section 13(5) of 'the act without examining the public analyst? together with this question, the question which may collaterally arise has also been posed in this proceeding. it is whether in a case where ..... 7 (3))1(report by the public analyst) report no.i hereby certify that i...public analyst for...duly appointed under the provisions of the prevention of food adulteration act, 1954. received on the...day of...19...from...a sample of...for analysis, properly sealed and fastened. (the seal on the container of the sample tallied with ..... this provision, the normal rule as to proof of a document allog-ed ho have been signed by any person as iccntained in section 67 of the indian evidence act ha9 been dispensed with. subsection (5) also makes, a certificate signed by the director of the central food laboratory, admissible in evidence to prove the facts stated .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-04-1973
Reported in : 1975CriLJ670; (1974)GLR584
..... as provided in that section would come into play. sections 337 and 343 of the code contain a specific qualification of the general principle laid down in section 24, evidence act, but there is nothing in section 339 (2) to suggest any qualification of the principle laid down in section 162.' it was further observed-when an approver has been ..... recorded by the police under section 161 of the code should not also be admissible, and why, if sections 337 and 343 of the code override section 24, evidence act, they should not also override section 162 of the code. the statement referred to in section 339 of the code could not include any statement recorded before the tender of ..... would mean a statement recorded prior to the trial and not a statement made at the trial. in fact, the evidence as defined in section 3 of the evidence act means all the statements which the court permit and require to be made by witnesse in relation to matters of fact in an inquiry, such statements are called oral evidence .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-29-1973
Reported in : 1974CriLJ1189; (1974)15GLR183
..... in respect of the grant of the lease. it is further observed therein in terms:. the section does not make the intention punishable; it makes an act punishable which act is related to the existence of a lease. it does not make receipt of money on an executory contract punishable; on the other hand it only makes ..... language.for that interpretation of that sub-section placed by the supreme court, their lordships have derived support from the fact that it occurs in part ii of the act, and that part applies to premises let for residence, education, business, trade or storage. similarly, they derived support from the definition of the words 'landlord' and ..... has been expressed, as in that case, the lease never came into existence in view of the requisition of those premises under the provisions of the land requisition act, there are significant observations made thereafter, which can be referred to, with advantage at this stage.on its plain, natural grammatic meaning, the language of the .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-27-1973
Reported in : AIR1975Guj76; (1975)0GLR53
..... judge on a consideration of the plaint and affidavits may be correct or incorrect; it may even be whole wrong. that is not a matter into which this court acting in exercise of its provisional jurisdiction can enter.'in our opinion these observations refer to the nature of the condition imposed by the learned trial judge and not to the ..... court and that the learned trial judge had jurisdiction to pass the order in his discretion. in this view of the matter v. r. shah, j. refused to act in exercise of the provisional jurisdiction notwithstanding the fact that the learned judge was firmly of the opinion that a tribal issue was raised. the learned judge sought support from ..... and failure to comply with the condition would bar the door to enter into the enquiry on merits as regards the dispute. when therefore a condition is imposed it acts as a fetter and precludes the enquiry on merits unless the party concerned is in a position to comply with the condition would be that a decree would be passed .....
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