Court : Gujarat
Decided on : Jun-27-1979
Reported in : 1980CENCUS232D; 1979(4)ELT546(Guj); (1980)0GLR450
..... duth is 20 per cent ad valorem. it may be pointed out that item 30-a was inserted in the first schedule of the central excises & salt act by. finance act of 1969 and it was inserted in 1969. though accoding to the item excise duty at 20 per cent ad valorem was leviable, be a notification also ..... issued simultaneously along with the insertion under the relevant provisions of the act, complete exemption was granted to power driven pumps from excise duty. on march 15, 1972, the complete exemption was withdrawn and after withdrawal of the total exemption, ..... permanently from collecting or levying any excise duty under item 30-a in respect of such transections. 2.the petitioner is a company registered under the indian companies act and manufactures various types of hydraulic and engneering goods since 1943. respondent no. 2 is the assistant collector having juridiction over the area in which the petitioner is .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-06-1979
Reported in : AIR1980Guj149; (1979)2GLR338
..... they repudiate. the lower courts, therefore, ill my opinion, were perfectly justified 'in rejecting the defendants application for stay of the suit under section 34 of the arbitration act.9. mr. vyas lastly drew my attention to a. m. mair & co. v. gordhandes sagarmull, air 1951 sc 9, in support of his contention that ..... on ex 11, dismissed the said application inter alia holding that the question regarding dissolution of partnership and accounts would not come within the purview of the arbitration act contained in clause 14 of the partnership deed. he, therefore, ordered the defendants to file the written statement within three weeks. the defendants carried the matter ..... the court of law without getting the matter first referred to arbitration. the defendants, therefore, prayed for stay of the suit under section 34 of the arbitration act without prejudice to their right to file a written statement in the suit later. the learned civil judge (junior division) at pardi by his order dated 20th .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-06-1979
Reported in : 1981ACJ107; AIR1980Guj154; (1979)2GLR342
..... purpose, even then, the insurance company would be liable, provided the policy is one which covers a risk compulsorily insurable under section 95 of the motor vehicles act ('the act). we cannot persuade ourselves to accept the said proposition canvassed by mr. shah because the question, which arises in the instant case and which was, not germane ..... redundant and nugatory and the very object and purpose of enacting that sub-section will be frustrated, besides depriving the insurer of a statutory defence available wider the act. the provisions contained in subsection (2) including the grounds on which- the insurance company can defend the action are to be read in the context of the ..... third party, incurred by the persons specified in the policy, third party's right to recover any amount under or by virtue of the provisions of the act was not affected even by the restrictive condition of the policy. once the company issued certificate-giving rise to the wider liability, it would have to identify .....
Tag this Judgment!Court : Gujarat
Decided on : May-04-1979
Reported in : AIR1979Guj209; (1980)GLR66
..... a defaulting spouse can present a petition, inter alia, for dissolution of marriage by divorce if the conditions specified in section 13(1a) of the hindu marriage act are satisfied. the conditions are that there should be no resumption of cohabitation or restitution of conjugal rights for a period of two years or upwards (at the ..... of his own wrong and, therefore, decree for divorce should be refused in 'view of the provisions contained in section 23(1)(a) of the hindu marriage act. the learned city civil judge, without addressing himself to the question, whether there were any circumstances brought out in the evidence of the parties which disentitled the husband ..... for judicial separation, the respondent-husband presented a petition for dissolution of marriage by a decree of divorce as permitted under s. 13(1a) of the hindu marriage act. this petition was resisted by the appellant-wife, inter alia, on the ground that the husband was not competent to present the petition under section 13(1a), .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-26-1979
Reported in : AIR1980Guj51; (1980)0GLR141
..... court taking the view that there was sufficient cause for absence and (2) such evidence is rendered illegal or inadmissible by reason of section 33 of the evidence act. in our opinion, there is no warrant in any provision of civil procedure code or the first principles of law for upholding the first proposition, namely, that such evidence ..... a criminal trial or inquiry shall be deemed to be a proceeding between the prosecutor and the accused within the meaning of this section'. section 33 of the evidence act relates to the relevancy of evidence of a witness recorded in a judicial proceeding in a court of law in a subsequent judicial proceeding or at a later stage ..... be considered to be relevant and admissible and be used as evidence at the subsequent stage unless it satisfies the conditions of section 33 of the indian evidence act. we have already dealt with the first dimension of the matter and for the reasons indicated h6reinabove we are unable to agree with the andhra pradesh high court .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-26-1979
Reported in : 1980ACJ237; AIR1980Guj25; (1980)0GLR187
..... compensate him in full. this, however, is not to say that in all cases the plaintiff who is guilty of contributory negligence owes to the defendant no duty to act carefully indeed, it would appear that in cases relating to running down accidents such a duty exists. the proposition can be put even more broadly generally speaking, when two ..... jury assessed the plaintiff's damages of 50 scrutton, j. while determining the claim of the plaintiff in the aforesaid case held that under the fatal accidents act, 1846 (lord campbell's act), the damages recoverable in such an action are not limited to the value of money lost, or the money value of things lost, but include the monetary ..... and value and that the pecuniary benefit from these services in the domestic front as well as in the agricultural operations of the husband when the wife may have acted as a helpful hand will have to be assessed on the totality of all circumstances and a proper figure of multiplicand has to be arrived at, and having .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-16-1979
Reported in : 1981ACJ207; AIR1980Guj172; (1979)2GLR371
..... in transit, of animals or goods delivered to the administration to be carried by railway, arising from any cause except the following, namely:- (a) act of god; (b) act of war; (c) act of public enemies; (d) arrest, restraint or seizure under legal process; (e) orders or restrictions imposed by the central government or a state ..... to prove negligence or misconduct on the part of the railway administration or any of its servants. it may be noted that section 74 (3) of the act speaks of damage, loss, destruction, deterioration or non-delivery arising from whatever cause. as against that section 76 provides for the responsibility of the railway administration for ..... delay or detention on the part of the railway administration. in our opinion, even this contention of mr. shah cannot be upheld. chapter vii of the act deals with the responsibility of the railway administration as carrier. section 73 provides that the responsibility of railway administration is only that of a common carrier. sections .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-10-1979
Reported in : AIR1980Guj35; (1979)2GLR84
..... rs. 29,926.14 paise passed by the regional settlement commissioner in proceedings under section 21 of the displaced persons (compensation and rehabilitation) act, 1954 ('1954 act') was illegal ultra vires and without jurisdiction and for a perpetual injunction restraining the defendant from recovering the same as arrears of land revenue, ..... regional settlement commissioner by his order dated 23rd september, 1963 held that the said recovery was not barred under section 48 (amended) of the 1950 act and the plaintiff was, therefore, required to submit accounts of the rental income till 17th july 1953. the plaintiff accordingly submitted accounts before the deputy ..... rs. 42,530.69 paise. the plaintiff served a statutory notice on 28th june 1963 upon the regional settlement commissioner. bombay functioning under the 1954 act, the manager and collector. ahmedabad and the deputy custodian general of evacuee property, ahmedabad contending that the abovementioned officer was not entitled to recover .....
Tag this Judgment!Court : Gujarat
Decided on : May-03-1979
Reported in : AIR1980Guj14; (1980)GLR1002
..... about the fad that tenancy is in force. obviously, therefore, the transfer is in force. in my opinion, terms of clause (a) of section 60 of the easements act were fully satisfied in, the instant case. section 61 to which mr. majmudar has referred does not have application to the facts of the instant case because it provides for ..... tenant. the contention raised by mr. majmudar in that behalf, therefore, is rejected.11. the last contention which mr.majumdar has raised relates to section 60 of the easements act. the argument which he has raised is that it has not been proved, in order to make good the claim of an irrevocable license, that there was 'transfer of ..... irrevocable license such as one as inferred from the terms of the tenancy which forms a part of the claim or question arising out the provisions of the bombay rent act. it is on account of this reason, therefore, that the learned civil judge (junior division) continued to have jurisdiction to try and decide the suit. though the .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-05-1979
Reported in : AIR1980Guj184; (1979)2GLR283
..... the parties of selecting one of the two competent courts under the civil procedure code is not contrary to public policy and does not violate section 28 of the contract act w it does not oust the jurisdiction of the civil court. after, considering various decisions which were cited before him. mehta. j. has observed:'.................the settled ..... of any dispute arising out of this sub-contract, the parties hereto agree that the matter shall be referred to arbitration by two arbitrators under the arbitration act of 1940 and such amendments thereto as may be enacted thereafter. 13. notwithstanding the places where the work under this contract is to be executed, it is ..... trial applications nos. 50 and 51 of 1976 before the appellate bench of small cause court at ahmedabad, under section 38 of the presidency small cause courts act, 1882. only three points were urged be fore that court. the first points was relating to jurisdiction; the second was regarding limitation and the third was with .....
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