Court : Gujarat
Reported in : (1970)11GLR1057
..... the bombay high court has observed:if a plaintiff, who has been permitted to sue as a pauper, withdraw from the suit without permission under section 373 of the civil procedure code (act xiv of 1882) as the result of a compromise by which he obtained a substantial part of the relief claimed, he does not succeed in the suit within the meaning ..... notification no. c c c1061/7005-(i)-d, dated 4th november, 1961, issued by the government under section 43(2) of the bombay court-fees act, 1959 (which will be hereinafter referred to as the act). the said notification provides for refund of court-fees paid on the plaint in certain circumstances mentioned in the schedule to the notification. the schedule mentions .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1971Guj73; (1971)0GLR235
..... justifies such an inference must always depend upon the facts of each case'. this decision is in the context of section 116 of the transfer of property act for finding out whether a new tenancy had come into existence. their lordships merely observed that merely from acceptance of some amounts which were equivalent to ..... their lordships further considered that it was wholly unnecessary for that case to decide whether for bringing about a waiver under section 113 of the transfer of property act a new tenancy by an express or implied agreement must come into existence. all that need be observed, according to their lordships, was that section 113 ..... held that the legislature could never have intended that the principle of waiver would not apply to the cases of determination of tenancy under the transfer of property act, especially, as such a result would be contrary to all principles governing the relations between a landlord and tenant. their lordships further pointed out that the legislature .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1971Guj81
..... it meant'. there is no dispute with this rule enunciated regarding the interpretation of a statute. 16. on consideration of the wording of section 16 of the act, there is absolutely nothing to indicate that there was careless omission on the part of the legislature in not mentioning the word 'renovation' along with the word ..... 'repairs' only. it would include something else also and that is why the legislature used two different terminologies in section 13 (1) (h) of the act, joined by disjunctive 'or'. it has been, therefore, observed further in the aforesaid decision: 'but when the building itself is demolished and a new building is ..... as are worn out or broken or damaged are replaced by new portions or the weak portions are strengthened, the building is said to be repaired. such acts would no doubt also amount to renovation'. these observations indicate that the repairs may be included in renovation in certain circumstances. but renovation would not necessarily mean .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1971Guj151; (1971)0GLR97
..... j., in sitaram hirachand birla v. yograjsing shankarsing parihar. air 1953 bom 293, where the division bench construed section 90 (2) of the representation of the people act, 1951, which provided that every election petition shall be tried by the tribunal, as nearly as may be, in accordance with the procedure applicable under the code of ..... the specific provision of rule 294. mr. pathak was unable to point out any inconsistency in the language of any of the provisions of the motor vehicles act itself or the rules framed thereunder, which would negative the application of the salutary provision for the protection of an impecunious litigant. the poverty of a litigant ..... no application. assistant collector regards the question of limitation, the learned tribunal held that the period of limitation provided in section 110-a (3) of the act was 60 days from the date of the occurrence of the accident and not two months and therefore the application was time-barred. the learned tribunal further held .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1971Guj91
..... rebut the additional evidence led on behalf of the opponent. that part of the order is quite correct. it cannot be said that the learned appellate judge has acted with material irregularity or has committed an illegality in the exercise of his jurisdiction. really speaking, such an order cannot be interfered with in the exercise of the ..... . such an order, according to him, was in contravention of the provisions of order 41, rules 28 and 29 of the civil procedure code. 2. the appellate court acted illegally in the exercise of its jurisdiction in allowing the original opponent to lead evidence that was refused by the trial court on good grounds.10. before i consider ..... petitioner filed hindu marriage petition no. 15 of 1965 against the opponent in the court of civil judge, senior division, nadiad, under section 9 of the hindu marriage act, 1955, for obtaining a decree for restitution of conjugal rights. according to her, she was married to the opponent on 26th may, 1959 according to the hindu .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1972Guj78; (1971)GLR71
..... petition, the petitioners have stated that the authority issuing the notifications declaring the areas to be the market area, market proper and market-yard has acted without applying its mind properly, arbitrarily and so unreasonably that the sale and purchase of the regulated produce cannot be controlled by the market committee. ..... whose financial position makes it impossible for them to employ a sufficient number of officers and servants for the discharge of their functions under the act or for discharging any liability vesting in the state government under section 53. section 34(2) provides that all market committees shall pay to ..... and the legislation is for regulating buying and selling of agricultural produce and the establishment of markets for agricultural produce. under section 2(i) of the gujarat act, 'agricultural produce' means all produce. whether processed or not, of agriculture, horticulture and animal husbandry, specified in the schedule. the terms 'market proper' and .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1971Guj145; (1971)0GLR338
..... petitions, therefore, must fail on that ground also.8. mr. mehta, appearing for the petitioners, has invited our attention to certain sections of the land acquisition act in order to show that the petitioners, in the facts and circumstances of the present case, are the persons interested and he has also invited our attention to ..... mehta, appearing for the petitioners in both the petitions, has contended before us that the petitioners are 'the persons interested' within the meaning of the land acquisition act. according to him, on account of the physical possession of the property which they have, even though they might have obtained it after the award was made, ..... kamalabai harjivandas v. t. b. desai reported in air 1966 bom 36. in that case the constitutional validity of the requisitioning and acquisition of immovable property act, 1952 was challenged and it was in that connection that the learned judges were examining the question of delay on the enforcement of the petitioner's fundamental .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1971Guj55; (1971)0GLR174
..... of refusal to exercise jurisdiction vested in the subordinate court or assumption of jurisdiction which the court does not possess or on the ground that the court has acted illegally or with material irregularity in the exercise of its jurisdiction. the defendant who may believe and even honestly that proper court-fee has not been paid by ..... revision under section 115 of the code of civil procedure in proper cases where the trial court has placed a suit under a wrong provision of the court-fees act, and the competence of the present revision application, therefore, calls for no further discussion.'22. it thus appears that the consensus of opinion amongst the various ..... the plaintiff, urged that the amount of court-fees payable in regard to this relief should be computed on the basis of section 6. clause (j) of the act. it reads;'(j) in suits where declaration is sought, with or without injunction or other consequential relief and the subject-matter in dispute is not susceptible of monetary .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1971Guj64; (1971)0GLR156
..... and it was held that 'it being an official communication, a presumption would arise that the sanction referred to therein had in fact been accorded and that the official act of granting sanction was regularly performed. such a document would meet the requirements of section 196-a, criminal p.c'.in other words, once the matter was brought ..... its decision. the case of the government as disclosed in that affidavit is that after the notifications were issued under ss. 4 and 6 of the land acquisition act in respect of certain portions of this land, the matter came up for consideration with the revenue department of the government, and on considering the effect of the ..... as is sought to be done in this case. then on 27th august 1965 the government of gujarat published a notification under section 4 of the land acquisition act whereby out of this plot of land 1334 square yards of land are required for public purpose such as for constructing a court building. the government has thereafter .....
Tag this Judgment!Court : Gujarat
Reported in : [1971]80ITR721(Guj)
..... investigate into cases of tax evasion and bring to tax huge profits that had escaped assessment. parliament, therefore, enacted the taxation on income (investigation commission) act with vast powers to deal with cases of substantial evaders of tax. the income-tax authorities were, for the first time, invested with certain powers of ..... relevant to the previous years to which the income relates' would be completed and the amount of tax liability determined according to the procedure prescribed in the act. it provides that the assets retained under section 132, sub-section (5), may be applied in discharge of the amount of the existing liability referred to ..... or thing representing either wholly or partly income or property which though required to be disclosed has not been disclosed for the purpose of the income-tax act, he may authorise any deputy director of inspection, inspecting assistant commissioner, assistant director of inspection or income-tax officer to enter and search any building .....
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