Court : Gujarat
Decided on : Feb-03-1984
Reported in : (1984)2GLR795
..... body can be prosecuted for the offences committed by it through its directors, authorised agents and servants. in the present case, accused no. 2 purporting to act as the manager of the accused no. 1-company has issued the offending circular defaming the complainant partnership firm and alleging illegal and fraudulent activities against the company ..... 8. it is further contended that there is no provision of criminal law enabling a partnership firm to institute a criminal complaint unlike the provision under the partnership act, or in the c.p.c. enabling a partnership firm to take civil proceedings and, therefore, it is contended that a partnership firm cannot institute a ..... sole selling agent of the complainant's products on the terms and conditions embodied in the agreement. according to the complaint as the accused company did not act as per the terms and conditions stated in the said agreement and did not work to the complainant's satisfaction, the said agreement was terminated. it is .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-23-1984
Reported in : (1985)2GLR644
..... his licence. it is not merely unauthorised possession on termination of his licence that enables the licensee to claim title by adverse possession but there must be some overt act on the part of the licensee to show that he is claiming adverse title.' it also observed that mere continuance of unauthorised possession even for a period of more ..... have stated on oath that the respondent was their landlord and they were tenants in respect of the present suit land.17. article 65 in the schedule to the limitation act would be relevant article of limitation. it provides that suit for possession of immoveable property shall be filed within 12 years from the time when the possession of the ..... that:an admission by a party in a plaint signed and verified by him in a prior suit is an admission within the meaning of section 17 of the evidence act, 1872, and may be proved against him in other litigations.and after referring to phipson on evidence and the english law and a decision of house of lords, the .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-04-1984
Reported in : (1985)2GLR754
..... permitted to bypass the provisions of the beneficient statute by a clever device of avoiding certain technicalities. if this is permitted, mr. malik submitted, the beneficent object of the act would easily be frustrated, and in the end defeated. mr. malik fortified his argument by referring me to a decision of vivian bose, j., reported in a.i. ..... body of watandars, the whole of such body shall be deemed to be a watandar.14. 'watan property' is defined in sub-section (xiii) of section 2 of the act, as under:2. (xiii) 'watan property' means the moveable or immoveable property held, acquired or 'assigned under the existing watan law for providing remuneration for the performance of ..... of the code and the rules made thereunder; and all the provisions of the code and rules relating to unalienated land shall, subject to the provisions of this act, apply to the said land:provided that in respect of the watan land which was not assigned under the existing watan law as the remuneration of the inferior .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-28-1984
Reported in : (1985)2GLR1141
..... the petitioners by way of retrenchment which has been specifically mentioned in the notice itself and therefore, under the provisions of section 25-f of the act the railway administration was bound to pay retrenchment compensation to the petitioners in advance or with the notice. the railway administration having not paid anything upto ..... the service.... 'there is nothing like unfettered discretion immune from judicial reviewability'. the executive, no less than the judiciary, is under a peneral duty to act fairly. indeed, fairness founded on reason is the essence or the guarantee epitomised in articles 14 and 16(1).7. in the instant case, the reason ..... in the same; service, a question of unfair discrimination may arise, notwithstanding the fact that in terminating his service, the appointing authority was purporting to act in accordance with the terms of the employment. where a charge of unfair discrimination is levelled with specificity or improper motives are imputed to the authority .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-27-1984
Reported in : (1985)2GLR1169
..... partners or their representatives according to their rights.similarly the partners of the dissolved firm are referred to as partners in sections 47 to 55 of the partnership act. consequently, the word 'partner' used in clause 9 of the partnership agreement in question must be given the same meaning and this clause shall govern partners ..... were not rendered. in gaya electric supply co. ltd. v. state of bihar : [1953]4scr572 , it has been observed while considering section 34 of the arbitration act that if the arbitration agreement is broad and comprehensive and embraces any dispute between the parties 'in respect of the agreement, or in respect of any provision in the ..... are contained in the partnership deed. this submission is to be merely stated to be rejected. there are no such limitations under section 34 of the arbitration act. there is nothing in section 34 which points in the direction that arbitration clauses contained in partnership agreements are not covered by the same. it is not .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-30-1984
Reported in : (1985)1GLR14
..... the sanction issued by the specified authority and apprehended action of the competent authority making a compulsory declaration and regarding the validity of the guidelines issued under the act by the state, how can it be said that these authorities are strangers or busy bodies and have no interest in the questions arising in the suit ..... permitting construction of any non-residential units or structures other than dwelling units for weaker sections of the society are or would be ultra vires the said act. it is denied that the civil court would have no jurisdiction to consider whether the scheme is approved by the specified authority or whether the scheme as ..... additional defendants under order 1, rule 10(2), c.p.c. they are the specified authority, competent authority and state government under the urban land (ceiling & regulation) act, 1976.2. the respondent no. 1 original plaintiff, has filed special civil suit no. 70/80 in the court of the learned civil judge, senior division, baroda, .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-09-1984
Reported in : (1985)2GLR839
..... the pendency of the proclamation of emergency removes the fetters created on the legislative and executive powers by article 19 and if the legislature make laws or the executive commits acts which are inconsistent with the rights guaranteed by article 19, their validity is not open to challenge either during the continuance of the emergency or even thereafter. as soon as ..... same para at later stage as under:the failure of the university to take appropriate action to enforce its directives on the college is contrary to the provisions of the act, illegal, discriminatory and violative of fundamental rights of the petitioner under article 14 of the constitution.10. the petitioner in the light of these averments had also requested this court .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-16-1984
Reported in : (1985)2GLR1029
..... as to which are the expenses incurred which can be said to be necessary as contemplated by section 63-a(2). section 76 of the transfer of property act provides for liabilities of mortgagee in possession. it provides that such mortgagee shall manage the property as a person of ordinary prudence (clause a) and he must ..... relative. but here also there is no authority to make improvements but the authority was only confined to repairs.8. under section 63a of the transfer of property act, the mortgagor is not liable to pay the costs of the improvements done by the mortgagee unless the improvement effected was necessary to preserve the property from destruction ..... submitted that the lower appellate court has erred in (i) restricting the interest to the extent of the principal amount by applying section 23 of the bombay money lenders act; (ii) by determining the interest and limiting the interest before setting off the rent recovered against the interest due; (iii) by not awarding interest from the .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-13-1984
Reported in : (1985)1GLR113
..... defendant-corporation from demolishing the cabins.2. the learned trial judge framed six issues and held that on true and correct interpretation of section 254 of the act, permission is not necessary for constructing such cabins which can be removed, and granted permanent injunction from removing or interfering with the cabins put up by ..... no foundation, it would, come within the meaning of 'building' and if the said cabin is building, then the provision of section 253 of the act would be attracted, and it is obligatory for the plaintiffs-respondents to obtain permission of the corporation before such wooden cabins are constructed and admittedly the plaintiffs ..... question, therefore, that arises is as to when the permission of the commissioner is necessary in view of the provisions of section 253 and 254 of the act. the definition of building which 1 have reproduced above is a very wide definition. the building has been subjected to different provisions for various purposes and, therefore .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-06-1984
Reported in : (1984)2GLR1111
..... observed:applying the principles to the present case, it is manifest that the appellant would have been entitled to compensation under section 70 of the indian contract act if he has adduced evidence in support of his claim, but the trial court has examined the evidence on this point and reached the conclusion that the appellant ..... in the concise oxford dictionary is as follows:restoring of money or of thing to proper owner, reparation for injury.' according to webster's dictionary it means:the act of making good any loss, injury or damage; compensation; amends.the juristic basis of the obligation under section 72 is not founded upon any contract or tort but ..... to mistake of fact and it does not include mistake of law.13. section 72 is one of the group of sections falling under chapter-v of the contract act which deals with certain relations resembling those created by contracts. this section is not founded on contract but embodies equitable principle of 'restitution'. meaning of the word .....
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