Court : Gujarat
Decided on : Dec-21-1978
Reported in : [1979]43STC516(Guj)
..... clarkson ([1900] 1 q.b. 156) that subsequent legislation may be looked at in order to see the proper construction to be put upon an earlier act where that earlier act is ambiguous. i quite agree that subsequent legislation if it proceeded on an erroneous construction of previous legislation cannot alter that previous legislation; but if there be ..... operate. in other words, the retrospective insertion of the condition precedent in clause (b) of section 15 would override the provision contained in the substantive sections in the act and the manner prescribed for the refund in the rules. in the opinion of the tribunal, section 44, as it stood at all the relevant times, merely ..... yarn from registered dealers, particularly when the sales made in the course of inter-state trade or commerce have not borne the tax under the central sales tax act, 1956 ?' 4. at the time of hearing of this reference, we have thought fit to reframe the question since the controversy involved between the parties and .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-07-1978
Reported in : AIR1978Guj121; (1978)0GLR509
..... service viz. sanitation service was withheld by the respondents-landlords in both the cases even though their respective tenants were deprived of that service by an act, of the nagar panchayat which decided to discontinue providing service of cleansing of refuge from the latrines by human labour. applying the ratio laid down by ..... an stair-cases. lifts and conservancy or sanitary service. explanation ii:- for the purposes of this section, withholding any essential supply or service shall include acts or omissions attributable to the landlord on account of which the essential supply or service is cut off by the local authority or any other competent authority.' ..... cutting off or withholding of the essential service in question. the learned magistrate negatived this contention observing that it was on account of the accused not acting as per the directions of the local authority that the local authority stopped to render the services of cleansing the dabba latrines. the learned magistrate also .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-01-1978
Reported in : AIR1979Guj134; (1979)0GLR801
..... to make good his contention that such a contract is valid and enforceable at law, mr. vyas has invited our attention to some provisions of the gujarat cooperative societies act, 1961. s. 2(13) defines 'member' as a person joining in an application for the registration of a co-operative society which is subsequently registered, or a ..... formation by phelps. the licence was granted to phelps and was expressed to be in consideration of the agreement and the payment therein agreed upon. the defendant-company acted in the belief that it was bound to the plaintiff-company to perform the obligations of the said agreement. in an action by the plaintiff-company against the ..... subject to the modification which might be agreed upon between the parties. the company after incorporation did not enter into any further agreement in writing with wallis but acted upon the agreement, took possession of the ground and spent upon it a large sum of money. there was no note or memorandum of any contract with wallis .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-04-1978
Reported in : [1979]43STC338(Guj)
..... spare parts and/or accessories of the machinery which only means mechanical contrivance for producing a specified product by collection or assembling of different articles or things acting independently of each other and where force is applied either manually or mechanically. 4. on behalf of the revenue, the only contention which was urged ..... machinery and spare parts and accessories thereof specified in any other entry in this or any other schedule.' 7. the word 'machinery' is not defined in the act and, therefore, we have to consider what is the dictionary meaning of the term 'machinery'. in webster's new twentieth century dictionary, unabridged, second edition, ..... municipal corporation, which contended that the tank and its supporting structures are, within the meaning of the third proviso to section 101 of the bengal municipal act, 1884, machinery and, being so, the respondent was bound by the provisions of that section to exclude them from consideration in making the assessment of plot .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-21-1978
Reported in : AIR1979Guj83; (1979)0GLR306
..... the third. division is, therefore, not limited to applications under the civil p. c. and art. 137 should, therefore, consequently govern all applications or petitions under any act (vide kerala state electricity board's case : [1977]1scr996 (supra)) not otherwise provided for in the third division.14. on behalf of the respondent company, an attempt ..... was served on march 4, 1969. the district judge dismissed tile petition as time barred since he was of the opinion that art. 137 of the 1963 act would apply to such applications. the kerala high court, however, reversed that decision in view of its earlier decision in kerala state electricity board v. parvathi anima ..... by its letter of oct. 18, 1975,to appoint an arbitrator on their behalf failing which the plaintiff-company would request shri j. c. shah to act as a sole arbitrator. the attorneys of the defendant-corporation sought some time for obtaining instructions from the corporation. the plaintiff-company again by their attorneys' letters .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-07-1978
Reported in : AIR1979Guj98; (1978)GLR1076
..... or in clause (1) of sub-section (1) of section 13, the petitioner has not in any manner been accessory to or connived at or condoned the act or acts complained of, or where the ground of the petition is cruelty the petitioner has not in any manner condoned the cruelty, and(c) the petition is not presented or ..... awasthi, air 1971 all 291 the court was dealing with a petition for dissolution of marriage based on a consent decree for judicial separation linder section 10 of the act. after stating the distinction between a decree passed without jurisdiction and a decree passed, in the wrong exercise of jurisdiction, the court observed as under on page ..... before finally pronouncing on the question whether the decree for restitution of conjugal rights is a nullity as it ignores the requirements of section 23(l) of the act, the petitioner should be given an opportunity to bring on record the relevant material from the earlier proceedings to satisfy the court as to the existence of jurisdictional .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-21-1978
Reported in : 1979ACJ186; AIR1979Guj26; (1979)0GLR123
..... otherwise to the terms, exceptions, conditions and limitations of this policy except so far as is necessary to meet the requirements of s. 95 of the motor vehicles act, 1939.' it would appear from this endorsement that in consideration of the payment of additional premium the insurance company had, amongst other things, undertaken to indemnify the ..... upon which it has relied. the two injured witnesses have in terms deposed that they were employed by the appellant for the purpose of loading and unloading the dun per and that on the day in question they were proceeding from amba dunger to kadipani in the course of their employment. the two injured persons have ..... imt 16 attaching to and forming part of the insurance policy, the insurance company was liable to indemnify the appellant against its legal liability under the fatal accidents act, 1885 or at common law in respect of personal injury to any person employed in loading and/or unloading whilst engaged in the service of the appellant in .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-01-1978
Reported in : AIR1978Guj208; (1978)0GLR799
..... tenant becomes the owner not by obtaining the specific performance of that agreement of sale but by virtue of the provisions of s. 32-0 of the tenancy act upon the expiry of one year. the entire scheme of consideration also undergoes a complete transformation. whereas in case of specific performance of an agreement of sale ..... vendee uses the agreement of sale as a spring board to jump at the tenancy, the very agreement fails because that agreement becomes unenforceable ' under the specific relief act. therefore, the transaction which it witnesses also fails. the consideration for which the transaction was entered into also fails. the only known way of enforcing an agreement ..... decisions. he drew a distinction between the presumption which, according to the division bench, in gulabrao's case (supra) arose from s. 4 of the tenancy act and the legal fiction, which according to the full bench decision and the decision of the supreme court, arose from that section. we will shortly point out that .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-05-1978
Reported in : 1978ACJ485; AIR1978Guj134; (1978)0GLR492
..... rash and negligent driving of the a. m. t. s. bus in question by the third respondent, and that the first and second respondents were vicariously liable for the said act of the third respondent. as regards - compensation. the tribunal awarded a total sum of rs. 9,150/- under the following. heads:rs. 750/- expenses incurred duringthe period of treatment. ..... assessment of the evidence led at the trial, the claimant is found entitled to the same. in an application for compensation made under s. 110 (1) of the motor vehicles act, 1939 read with r. 291 of the bombay motor vehicles rules, 1959 and the prescribed form comp. a, the relevant particular which the claimant has to set out relates to ..... (1966) 7 guj lr 662. it was there held at page 691' that once loss under both the heads comprised in ss. 1-a and 2 of the fatal accidents act, 1855 has been claimed and so long as the amount awarded does not exceed the amount claimed, the amount awarded can be suitably split up and awarded under the said .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-13-1978
Reported in : AIR1979Guj50; (1979)0GLR36
..... and there would have been ordinarily no bar to create such a lease even in exercise of his right of prudent management under the transfer of property act. ever, though actual physical possession remained all along with the mortgagor, execution of these two documents created two different relationships with different legal consequences. ..... property shall belong to the mortgage in lieu of interest it cannot be varied or contradicted by reference to preliminary negotiations. secondly, under the indian evidence act, effect must be given to it and therefore, the mortgage cannot be treated as usufructuary only in form. adverting to the simultaneous transactions of mortgage and ..... the transaction was moreover supported by the mutation in the government records. in that context, their lordships observed that section 92 of the indian evidence act forbids the admission or consideration of evidence as to the intention of the parties or to contradict the express terms of the document. therefore, their .....
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