Court : Gujarat
Reported in : AIR1963Guj297; (1963)GLR523
..... the government. 15. a further reference to parliamentary secretaries is found in the gujrat legislative assembly members (removal of disqualifications) act, 1960 (act no.1 of 1960). that act was passed in view of the provisions contained in article igi of the constitution which enacts that a person shall be disqualified ..... minister of the government of gujrat.16. a reference to a parliamentary secretary is also found in the gujrat legislative assembly members' salaries and allowances act, 1960. section 9 thereof provides as under :'notwithstanding anything contained in thisact, a minister or deputy minister, the speakeror a salaried parliamentary secretary shall ..... expenditure on furnishing the residence provided under this section shall be on such scaleas may be determined by rules or orders. theprovisions contained in this act relating to deputy ministers do not, however, apply to parliamentary secretaries even though for the purpose ofthe rules framed by the gujarat legislative assembly a .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1967Guj118; (1967)8GLR311
..... the interpretation of the word 'suit' occurring in section 3 of the limitation act and lord russeel delivering the opinion of the privy council observed that the ..... have required an examination of the context of the statutory provisions enacted in the limitation act but fortunately this question is no longer open to controversy for it is concluded by a decision of the privy council in hansraj gupt v dehra dun mussoorie electric tramway co; ltd., . the privy council in this case concerned with ..... only in relation to a suit and the question must, therefore, resolve itself into a narrow one, namely, what is the suit contemplated by the limitation act. the word 'suit' has received different judicial interpretations in different enactments; some times it has received, narrow construction and sometimes a wider construction depending upon .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1967Guj269; (1967)8GLR418
..... accepted and, while deciding this point, they have observed that it appeared to them that such a contention was made possible only because the provisions of the act were not strictly followed by the officer concerned. after making these observations, their lordships gave the reasons fro coming to this conclusion. analysing section 11 it ..... giving of such notice under section 9 would not be touched and , therefore, the publication of the notifications under section 6 of the land acquisition act would stand as valid acts on the part of the collector(4) that takes us to second contention raised on behalf of the petitioners . the submission is that in an ..... and premises, which were being acquired . they therefore, approached the collector . thereafter the land acquisition officer sent them notices under sections 9 and 10 of the act on the 3rd of july 1961. the petitioners, except petitioner no.16 appeared before the land acquisition officer and filed their objections and made their claims. a .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1971Guj96
..... is claimed must be not only due but recoverable under law. it is true that in conformity with the principles laid down in the case of hansraj gupta v. dehra dun mussoorie electric tramway co. ltd. and in the case of malabar petroleum co. v. continental oil co., ltd., madras : air1963mad307 , the amount in question must ..... .10. lastly it is pointed out that when the contracts were entered into, the panchayat had not come into existence and that the provisions of the municipal act were applicable. the circumstance that subsequently the municipality has been converted into a panchayat, it is so argued, will not entitle the panchayat to take recourse to ..... ' or 'any other person or persons whatsoever' would incur disqualification. having regard to the fact that all the persons enumerated in the first section of the act were holding offices as officers of british government, the view was taken that in enumerating these several office holders which preceded the material words 'any other person .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1973Guj1; (1973)0GLR88
..... resided together'.a mere perusal of the is section indicates that the jurisdiction has been vested for entertaining application has under the said act in the court referred to therein. jurisdiction given to those court was depending upon several factors referred to therein. it upon the ..... the court which could effectively deal with it, and the property of the infant could be property administered.19. section 10 of the act deal with the particulars to be given in such a application. section 11 death with procedure on admission of a application . section ..... during the better part of the short life and that they had been taken by their mother to dehar dun for only a very brief span of a few hours. it was held that the ordinary residence of the minors was meerut and ..... that the dehar dun court had no jurisdiction to entertain the application of the mother for the guardianship of her minor sons'.in the instance .....
Tag this Judgment!Court : Gujarat
Reported in : [1974]44CompCas517(Guj); (1975)0GLR193
..... discriminatory and inconsistent with the doctrine of pair pass distribution of assets of an insolvent company statutorily reecognised in section 511of the companies act. 10. a few illustrative cases can be examined here. in re dehra dun mussoorie tramway co. ltd. (1) [1931] 1 comp. cas. 145 (all.)., priority in payment was claimed in ..... authority legally entitled to, or entrusted by the government with, the control or management of a municipal or local fund. section 3(31) of the general clauses act, 1897, defines 'local authority' to mean a municipal committee, district board, body of port commissioners or other authority legally entitled to, or entrusted by the ..... by the corporation, if it complies with the condition implicit in the definition, it will be an industry within the meaning of the definition in the act. after having observed thus, the supreme court examined the services rendered by the corporation in its various departments including stage department and health department and .....
Tag this Judgment!Court : Gujarat
Reported in : (1975)16GLR846
..... what circumstances particulars of a vague ground can be properly supplied to the detenu. there the detenu was detained by the government of bombay under preventive detention act (act 4 of 1950). the ground of his detention which was supplied to him was alleged to be containing no particulars and, therefore, it was attacked inter ..... law have been scrupluously observed and the subject is not deprived of his personal liberty otherwise then in accordance with law. section 8(1) of the act, which merely respects the constitutional requirements of article 22(5) insists that all basic facts and particulars which influenced the detaining authority in arriving at the ..... the enforcement of this article is suspended by the presidential declaration under article 359, these decisions would be of no use while interpreting the provisions of the act. according to shri nanavati, insertion of section 16a, exhibits the legislative intent that in absence of the enforcement of article 22(5), the state government .....
Tag this Judgment!Court : Gujarat
Reported in : [1977]106ITR159(Guj)
..... that we are reaching on this particular aspect is because of the decisions in travancore titanium products ltd. v. commissioner of income-tax : [1966]60itr277(sc) and dehra dun tea co. ltd. v. commissioner of income-tax : [1969]74itr139(all) which intervened between the decision of the privy council in commissioner of income-tax v. ..... commissioner of income-tax : [1969]74itr139(all) . after considering all the decisions it was held by the division bench that the judgment of the allahabad high court in dehra dun tea company ltd. v. commissioner of income-tax : [1969]74itr139(all) gave requisite information to the income-tax officer as contemplated by section 147. the allahabad high ..... entitled to deduct such portion under section 10(2)(ix) of the act of 1961. mr. shah contended that in view of this decision of the privy council it could not be said that even in the light of the allahabad high court decision in dehra dun tea company ltd. v. commissioner of income-tax : [1969]74itr139 .....
Tag this Judgment!Court : Gujarat
Reported in : (1978)19GLR1067
..... by the three persons on the basis of those proposals and suggestions was effective, meaningful and substantial consultation within the meaning of section 7 of the gujarat municipalities act, 1963. therefore, i find eo infirmity in the impugned delimitation order which the state government has made. to repeat, even if the municipality can be ..... had delegated its powers to the three persons to tender advice to the state government through the collector by entering into consultations with the latter. they acted upon the suggestions individually made by 36 municipal councillors out of 40 the remaining 4 having chosen not to make any suggestions. the proposals and the ..... persons whom the municipal council authorised to enter into consultations with the collector were not appointed as a committee within the meaning of section 55 of the act.7. mr. daru has further argued that, under the aforesaid circumstances, the only section under which three persons could have been appointed into a committee .....
Tag this Judgment!Court : Gujarat
Reported in : (1979)1GLR134
..... in our opinion, section 95, (2)(b) governs the instant case. compulsory insurance of such a nature as contemplated by section 95 (2)(b) of the motor vehicles act, 1939 ought to have been taken out. by insuring the vehicle in question for a lesser amount under a clause inapplicable to the instant case, the insurance company cannot escape ..... and to insert the words 'with the insured person' would be to insert words of specific limitation beyond what can be inferred from the general tenor of the act or policy. if those words had been intended, the learned law lords further observed, they could and should have been expressed and that since they were not expressed ..... decision of the supreme court in pushpabai's case provided the case is governed by clause (c) of sub-section (2) of section 95 of the motor vehicles act, 1939. interpreting the relevant provisions of section 95, the supreme court has observed in that decision that the section does not require that a policy of insurance should .....
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