Court : Gujarat
Decided on : Apr-26-1966
Reported in : (1966)7GLR1039
..... court at ahmedabad, as after the setting up of the city civil court at ahmedabad the appeals against the judgments of the small causes court, in connection with rent act matters were transferred to the city civil court. the learned judge in the city civil court held that the plaintiffs had proved their reasonable and bona fide requirement for ..... possession of the leased premises to the landlord in entirety and not partially. to this general principle of law, an exception has been engrafted by section 13(2) of the act. section 13(2) provides that no decree for eviction shall be passed on the grounds specified in clause (g) of sub-section (1) if the court is satisfied that ..... court shall pass the decree in respect of such part only. thus, a decree for partial eviction can be passed under second paragraph of section 13(2) of the act. since this paragraph engrafts an exception to the general rule of law, it must be construed strictly and before a court can pass a decree for partial eviction, the .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-29-1966
Reported in : (1967)8GLR65
..... obligation on the municipality to give information as to arrears of tax on the application of an intending purchaser nor is there any provision of the municipal act or the rules which requires the municipal corporation to maintain a register or record showing the arrears of tax due in respect of properties situate within municipal ..... commissioners : air1951cal398 . in both these cases a charge was claimed by the municipality for recovery of arrears of rates and the section of the relevant municipal act which created the charge declared it to be a first charge on the property, but even so, the calcutta high court took the view that the charge ..... appeals came up for hearing before the extra assistant judge, ahmedabad. the learned assistant judge held that by virtue of section 141 of the bombay provincial municipal corporations act, 1949, the suit property was subject to a first charge in favour of the municipal corporation for arrears of municipal taxes and that the municipal corporation was, .....
Tag this Judgment!Court : Gujarat
Decided on : May-05-1966
Reported in : AIR1967Guj198
..... to petitioners, as property owners, who are primarily liable to pay the taxes. they have also challenged sections 99, 123 and 129(c) of the corporation act as unconstitutional, arbitrary and suffering from the vice of excessive delegation, inasmuch as no ceiling was prescribed in fixing the rate of the taxes imposed by the corporation ..... the corporation has not engaged any municipal agency nor has it spent anything towards conservancy service as contemplated by section 129(b) and section 131 of the act and as such it is not entitled to claim any conservancy tax from this petitioner. respondents have stated in reply that the facts stated would not entitle ..... constitution. (2) the same point was urged in a slightly different form by saying that the power conferred on the competent authority by section 19(3) of the act was an excessive delegation of legislative power and was, therefore, unconstitutional. (3) the vesting of power in an executive authority to override - at his sweet will and .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-20-1966
Reported in : (1968)9GLR261
..... fundamental provisions of the statute as would make, the entire proceedings before the appropriate authority illegal and without jurisdiction. similarly, if an appropriate authority has acted in violation' of the fundamental principles of judicial procedure, that may also (end to make the proceedings illegal and void and this infirmity may affect the ..... enacted, civil courts still have jurisdiction to interfere where fundamental provisions of the statute are not complied with, or where the statutory tribunals do not act in conformity with the fundamental principles of judicial procedure. gajendragadkar j., as he then was, speaking for the court on that occasion summed up the ..... inter alia that whoever contravenes any of the provisions of a notification issued under section 6 or evades the payment of any duty payable under the act shall be punishable with imprisonment or fine or both. section 33 confers power of adjudication of penalty and confiscation on certain specified excise officers. it .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-27-1966
Reported in : AIR1968Guj272; (1968)9GLR447
..... the property of the insolvents shall continue to vest in the official receiver. this order was obviously made the insolvency court under section 37 of provincial insolvency act. the official receiver thereafter made an application to the insolvency court on 18th february 1960 for a declaration that the transfer of the said immovable property ..... it was necessary for the learned district judge to consider whether the case of the original opponent fell within the protection conferred under section 55 of the insolvency act. if the case came within the four corners of section 55, the transfer, though made subsequent to the date of the presentation of the petition for adjudication ..... opportunity to the original opponent to lead evidence for the purpose of showing that the transfer in his favour was protected under section 55 of the insolvency act. (5) i must also mention one other contention raised on behalf of the original opponent and that was that the present application made by the official .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-30-1966
Reported in : (1966)0GLR1065; (1966)IILLJ768Guj
..... was, therefore ultra vires. this contention of sri desai proceeded on an assumption that the order of punishment originally inflicted against the petitioner was final under the act and that it could not be revised. in the absence of any specific statutory provision giving finality to such order, we cannot imply such a restriction ..... state government may by general or special order specify.' 7. in exercise of the power conferred by s. 25(2)(c) read with s. 5(b) of the act, the government of bombay had framed the rules regulating punishments of police authority inflicting punishment (1) inspector-general of police ... (2) deputy inspector-general of police ... ( ..... the police force is exercisable subject to such superintendence. section 5, clause (b), which is material for out purpose, provides as under : 'subject to the provisions of this act, - * * * (b) the recruitment, pay, allowances and all other conditions of service of the police force shall be such as from time to time be determined by .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-01-1966
Reported in : (1966)0GLR1091; (1969)IILLJ59Guj
..... exercise of the power of punishment in case the delinquency is established. in our judgment, this means that, when a delinquency is being determined, the authority is not acting de hors clause (c), but is exercising the power which is conferred upon him under clause (c). in our judgment, when the authority reaches the conclusion that authority ..... noteworthy that the submission as formulated does not challenge the validity of the rule on the ground that it is inconsistent with clause (b) of s. 5 of the act. but, apart from this, in our judgment, the submission as formulated suffers from a fallacy and cannot be upheld. the whole argument is based on the contention that ..... amount not exceeding one month's pay, any member of the subordinate ranks of then police force, who is guilty of any breach of discipline or misconduct or any act rendering him unfit for the discharge of his duty, which does not require his suspension or dismissal. (2)(a) the inspector-general, the commissioner and the deputy .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-01-1966
Reported in : (1966)7GLR1091
..... exercise of the power of punishment in case the delinquency is established. in our judgment, this means that, when a delinquency is being determined, the authority is not acting de hors clause (c), but is exercising the power which is conferred upon him under clause (c). in our judgment, when the authority reaches the conclusion that delinquency ..... that, the submission as formulated does not challenge the validity of the rule on the ground that it is inconsistent with clause (b) of section 5 of the act. but, apart from this, in our judgment, the submission as formulated surfers from a fallacy and cannot be upheld. the whole argument is based on the contention that ..... not exceeding one month's pay, any member of the subordinate ranks of the police force, who is guilty of any breach of discipline or misconduct or any act rendering him unfit for the discharge of his duty, which does not require his suspension or dismissal.(2)(a) the inspector-general, the commissioner and the deputy inspector .....
Tag this Judgment!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 : Jul-08-1966
Reported in : (1967)ILLJ454Guj
..... departmental enquiry. but, we are not considering the question as to whether the conduct which respondent 4 had exhibited in the conduct of the departmental enquiry had disqualified him from acting as an adjudicator. in so far as the gravamen is based on the submission of the report, in our judgment, the broad proposition that, when an officer has made a .....
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