Court : Gujarat
Decided on : Mar-25-1966
Reported in : (1966)7GLR981
..... had made out the ground for ejectment specified in clause (h) of the proviso to section 12(1) in the west bengal premises rent control (temporary provisions) act, 1950. the trial court had accordingly decreed the suit. however, the appellate court set aside the judgment and dismissed the suit. the appel late judge held ..... fide the premises for occupation by himself or some of them, should be denied the right to get possession provided they satisfy the other provisions of the act. the mischief which this social legislation intends to remedy is to prevent unscrupulous owners directly or indirectly from taking advantage of shortage of accommodation available on ..... the question whether these principles laid down in the english decisions could have any application to cases arising under the bombay rents, hotel and lodging house rates control act, 1947, and should be relied upon, it would be necessary to note some of the material and salient features of these decisions. the two decisions relied .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-28-1966
Reported in : (1966)7GLR802
..... had no jurisdiction whatsoever to pass such an order under section 151. merely because the defendant tried to comply with such an order by applying for certified copies, the act of the defendant could not confer any jurisdiction on the court to pass such on order.5.1 mr. chhaya finally argued that in any case the error amounts ..... officers themselves to produce them. it was held that to direct a litigant to produce certified copy of such a confidential document would render section 54 of the income-tax act, 1922, a dead letter. such an order under section 151 for certified copy of. such a highly confidential document was held to be contrary to the authority, especially ..... by any parties thereto upon path of all documents in his possession relating to any matter in question in such a suit. even under section 165 of the evidence act a judge can order production of any document from any witness or from any party. in the present case, the original account books were not in the possession or .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-01-1966
Reported in : 1968CriLJ117; (1967)GLR290
..... definitions given under the code, it must be said that the complaint must disclose allegations showing that the person sought to be charged with adultery, has committed an act of sexual intercourse with the complainant's wife, without his consent or connivance as required under section 497 of the indian penal code, and further, that those ..... that a complaint from her husband is essential as required under section 199 of the criminal procedure code. the allegations in the complaint, there, fore, must point at that act as having been committed by the accused in respect of the wife of the complainant. absence of those allegations would render that complaint no good so as to ..... the accused. we have taken the view that the complaint before the learned magistrate does not set out any facts or make any allegations which constitute an act and that way an offence punishable under section 497 of the indian penal code and that, therefore, it serves no compliance with the provisions contained in section .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-05-1966
Reported in : AIR1970Guj1; (1969)GLR622(GJ)
..... claiming to be the descendants of former ruling chiefs in some districts of madhya pradesh applied under the central provinces and berar revocation of land revenue exemption act, 1948, for grant of money or pension as suitable maintenance for themselves. they held estates in two districts on favourable terms as jahgirdars, maufidars and ..... and a decision resulting in the disposal of the matter on findings based upon those questions of law and fact.the administrative authorities having a duty to act judicially cannot therefore decide on considerations of policy or expediency. they must decide the matter 'solely on the facts of the particular case solely on the ..... make a speaking order? the question arises in reference to an order made by the conciliation officer under section 33(2)(b) of the industrial disputes act, 1947. a conciliation proceeding was pending before the conciliation officer in regard to an industrial dispute between the petitioner and its workmen. during the pendency of .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-07-1966
Reported in : AIR1967Guj186; (1966)GLR850
..... present petition. petitioner withdrew that suit on 8th september 1959. according to petitioner , he did so because his suit was barred by section 4 of the pensions act 1871. petitioner has in this affidavit relied upon the recommendation made by his learned judge of the city civil court when passing the order of withdrawal. the recommendation was ..... a rare thing. under the circumstances, in our judgment, it is not correct to say that in a petition under article 226, the principles on which courts have acted when there are disputed questions of fact, have, in any way, undergone any change. in the present petition, there is no question of enforcement or any infringement ..... matter, is that, otherwise, petitioner has no remedy whatsoever to enforce his claim. in support of this contention, mr. vakil relies upon section 4 of the pensions act, 1874. that section bars the jurisdiction of a civil court to entertain a suit relating to pension. this is true. but the section itself shows that this is .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-07-1966
Reported in : (1967)8GLR202
..... is not possible to accept this contention of mr. parikh.10. in view of the provisions of section 29(1) of the displaced persons (compensation and rehabilitation) act, 1954 the landlords had not been deprived of immediate right to possession. what happened was that they had a right to possession but the possession could not be ..... two points urged by mr. parikh, it will be necessary to consider in some detail the provisions of section 29 of the displaced persons (compensation and rehabilitation) act, 1954. section 29 provides that where any person to whom the provisions of this section apply, is in lawful possession of any immovable property of the class notified ..... filed the suit on the ground of reasonable and bona fide requirement under section 13(1)(g) of the bombay rents, hotel and lodging house rates (control) act, 1947. the defendant con-tended that the premises were not reasonably and bona fide required by the landlords. the landlords wanted the tenant to vacate the entire portion .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-11-1966
Reported in : AIR1967Guj172; (1967)0GLR686
..... time being in force or any instrument having effect by virtue of any such law. in repelling this contention their lordships observed that the provisions of that act were prospective in operation and, therefore, nothing in those sections was inconsistent with the provisions of the state law in regard to its operation, with ..... different intention and so the rule contained in section 6 did not apply. the distinction between the two cases was that section 6 of the general clauses act kept alive the previous operation of the enactment repealed and things done and duly suffered, the rights, privileges, obligations or liabilities acquired or incurred and authorised ..... for the supply of electricity after recommendations of the rating committee. even though, therefore, the licensee is free from the restrictions imposed by the electricity act or from the provisions of any other law, agreement or instrument which are inconsistent with the rights of the licensee to make unilateral increase in the .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-21-1966
Reported in : (1966)0GLR1024; (1966)IILLJ779Guj
..... the powers conferred on the panchayat for taking the aforesaid disciplinary action. under the circumstances, in our judgment, even after the coming into operation of the act of 1958, petitioner was still subject to the disciplinary jurisdiction of the panchayat. 11. now, the question as to whether petitioner is or is not entitled ..... government was empowered to give for discontinuance of service, was required to be given by the terms of the secretary's employment. however, before the act of 1958 was enacted, a criminal prosecution was launched against petitioner on two allegations which came to be made against petitioner after an investigation was made ..... another resolution, by which in appointed petitioner as the permanent secretary with effect from 1 july, 1958 and further resolved to give petitioner increments as per the act of 1933. it is common ground that petitioner was, during the tenure of his office as secretary, governed by the bombay village panchayats secretaries (conditions of .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-21-1966
Reported in : AIR1967Guj92
..... the powers conferred on the panchayat for taking the aforesaid disciplinary action. under the circumstances in our judgment, even after the coming into operation of the act of 1958, petitioner was still subject to the disciplinary jurisdiction of the panchayat.(9) now, the question as to whether petitioner is or is not ..... government was empowered to give for discontinuance of service, was required to be given by the terms of the secretary's employment. however, before the act of 1958 was enacted, a criminal prosecution was launched against petitioner on two allegations which came to be made against petitioner after an investigation was made ..... panchayat passed another resolution, by which it appointed petitioner as the permanent secretary with effect from 1st july 1958 and further resolved to petitioner increments as per the act of 1933. it is common ground that petitioner was, during the tenure of his office as secretary, governed by the bombay village panchayats secretaries (conditions of .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-22-1966
Reported in : (1966)0GLR1044; (1966)IILLJ791Guj
..... but also individual disputes, the legislature has described them merely as 'disputes.' the distinction in phraseology adopted by the legislature runs through the entire act. wherever the language age or the context of a section shows that the dispute there contemplated must include an individual dispute, in all such cases ..... and the applicability of the rule of interpretation above referred to was, therefore, excluded. the petitioners pointed out that unlike the industrial disputes act, 1947, the present act contained not only provisions relating to conciliation, arbitration, adjudication and awards but also provisions intended to regulate the contract of employment between employer and ..... it was contended that the use of the singular showed that an individual dispute was comprehended within the expression 'industrial dispute' as used in the act. but this contention, though apparently plausible, has really no substance, for it rests on too literal an interpretation of the words used in the .....
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