Court : Gujarat
Decided on : Jul-04-1966
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
Decided on : Sep-16-1966
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
Decided on : Jan-02-1966
Reported in : (1966)7GLR786
..... bavdekar and chainani jj., held that that provision was ultra vires. now, sub-see. (7) of section 27 is in pari materia with section 61 of the act. both the sections are similarly worded. there are certain observations made in that judgment which conflict with the view which we have taken above. those observations are capable ..... have his action completely screened from judicial scrutiny. in our judgment, such a conclusion must irresistably follow in spite of the fact that section 61 of the act mentions specifically only three grounds on which orders passed under the relevant section can be challenged in a court of law.8. there is considerable body of ..... ahmedabad district (rural). thereupon, the authorities filed a criminal case against each of the petitioners, charging each of them with an offence under section 142 of the act. in the course of the trial, each petitioner filed an application stating that he proposed to establish that the impugned order passed against him was null and .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-18-1966
Reported in : (1966)7GLR532
..... was considered in that case with reference to the kutch province (courts) order, 1948, and the judicial commissioner's courts (declaration as high courts) act, 1950 (act xv of 1950). as a result of a consideration of these two enactments, this court came to the following conclusion in regard to the jurisdiction of ..... geographical regions for historical reasons may cease to be valid. a purely temporary provision which because of compelling forces justified differential treatment when the reorganisation act was enacted cannot obviously be permitted to assume permanency, so as to perpetuate that treatment without a rational basis to support it after the initial ..... their lordships stated as follows:these units were continued under the constitution merely because they formerly existed. later an attempt was made under the states reorganisation act to rationalize the pattern of administration by reducing the four classes of units into two-states, and union territories and by making a majority of .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-20-1966
Reported in : AIR1968Guj29
shelat, c.j. (1) prior to march 1, 1961, only cotton fabrics were under entry 19 in the first schedule to the central excises and salt act, 1944, chargeable to excise duties therein set out. by finance bill of 1961, item 18a was inserted in that schedule and accordingly cotton yarn amongst other articles became chargeable to .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-25-1966
Reported in : (1966)7GLR597
..... constitutional position as regards the rights of petitioners under clause (5) appears to us to be crystal clear. in spite of the fact that the act and the rules do not specifically say anything regarding the aforesaid two fundamental rights, the constitutional position is that the detaining authority must honour those two ..... rights constitutes the bulwark of indian liberty and the rights enshrined therein are of such supreme, importance that, except that they can be amended by parliament acting under article 368, ordinarily, they should be regarded as sacrosanct and inviolate. therefore, unless the result inevitably follows, one would not construe any other ..... president is only the titular head, and in a form of government, modelled on the british pattern, the president, even whilst exercising aforesaid power, must act in accordance with the advice of his council of ministers. in support of this proposition, petitioners and the learned intervening advocates rely upon the following passage .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-27-1966
Reported in : (1966)7GLR935
..... against the accused issue also set aside. the learned magistrate himself shall hold a preliminary inquiry as contemplated under section 10 of the child marriage restraint act read with section 202 of the criminal procedure code and on his being satisfied about there being a prima facia case justifying him to issue process against the ..... inasmuch as one year had elapsed after the solemnisation of the marriage which had taken place in contravention of the provisions of the child marriage restraint act. instead of considering that point, the learned magistrate found that there was some mistake committed by his predecessor-in-office and since that in his ..... was referred to by the learned govt. pleader for showing that the failure to hold preliminary inquiry as contemplated under section 10 of the child marriage restraint act read with section 202 of the criminal procedure code amounted to an irregularity which can be cured under section 537 of the criminal procedure code. in that case, it was .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-27-1966
Reported in : (1966)7GLR895
..... of 1947 had been extended or applied i.e. section 50 was apply to the present suit and therefore section 12 also which in pa the act would not apply. moreover, as held by their lord the supreme court in chandrasinh manibhai v. surjit lal chhabda 53 b. 1 r. p. 532, section 12 is not retrospective ..... divison) padra, district baroda and was no. 26 of 1958. after the suit was filed part ii of bombay rents, hotel and lodging house (control) act, 1947 (bom. act lvii of 1947) was applied to masar road as when the act was enacted, it was not applied area. but subsequently on 23rd october 1958, the state government extended part ii of the ..... was liable to be dismissed and thereupon dismissed the suit.2. the appellate court relied upon section 50 of the act which as follows:50. the bombay rent restriction act, 1939, and the bombay rents, hotel and lodging house rates (control) act, 1944, are hereby repealed: provided that all suits and proceedings between a landlord and a tenant related the recovery .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-02-1966
Reported in : (1966)7GLR574
..... had been departed from and rejected the contention. their lordships then examined the expression 'as soon as may be' used in section 7 of the preventive detention act and came to the conclusion that that expression did not convey the same meaning as the words 'forthwith' and 'immediately'. ultimately, their lordships recorded their ..... mr. raval actually raises before us is different from the contention embodied in paragraph 21 aforesaid. that contention is that petitioner was arrested under preventive detention act at 3-35 a.m. on 8th september, 1965, and that this supported the contention that there were no materials before the first respondent which supported ..... first affidavit in reply, dated 20th november 1965, stated that, at that time, manhar had been told that petitioner was being detained under the preventive detention act. the first respondent stated in that affidavit that this part of the affidavit was based upon information derived by him from his record. the first respondent, .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-03-1966
Reported in : AIR1967Guj126; 1967CriLJ767; (1966)GLR974
..... shall be confiscated, if the owner thereof satisfies the court that he had exercised due care in preventing the commission of the offence. the bombay prohibition act are cognizable offences and any conveyance used in carrying any such articles can be seized by the police, the question of confiscation of any such conveyance ultimately ..... in respect of some offences alleged to have been committed by one baburao raghojirao, such as carrying prohibited articles under the provisions of the bombay prohibition act. there is, therefore no dispute that the property can be said to have been seized under such circumstances which create suspicion of the commission of any ..... state of west bengal : 1959crilj256 , in hearing and determining cases under s. 489 of the code, the high court discharges its statutory function of supervising the act, ministration of justice on the criminal side.(8) i therefore, set aide the order dated 30-12-1965 passed by the learned judicial magistrate, first class, navsari .....
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