Court : Gujarat
Decided on : Jul-13-1966
Reported in : (1966)7GLR1101; (1966)IILLJ517Guj
..... [a.i.r. 1956 s.c. 77]. in that case, their lordships had to deal with the east punjab evacuees' (administration of property) (amendment) act, 1948 (east punjab act 26 of 1948), which inserted two new ss. 5a and 5b, prescribing the requirement of confirmation of transactions relating to evacuee property and providing a right of appeal ..... of sri sompura that a retrospective operation is intended by necessary intendment. but what sri sompura contends is that, even though this is so, the court must act on presumptions arising from the entire enactment itself. for example, it is well-known that, when the court deals with a declaratory enactment, then usually the court ..... . on 21 may, 1963, nagarwala, the then inspector-general of police and the predecessor-in-office of respondent 1, issued a show-cause notice, purporting to act under the amended rule 17. in that notice, he recorded a provisional finding that petitioner was guilty of the charge levelled against him and called upon petitioner to .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-26-1966
Reported in : AIR1968Guj57; (1968)GLR376
..... is concerned, the certificate of registration, exhibit 158, affords a complete answer to this contention. however, on the question as to whether the first defendants were acting as agents of the fourth defendants in the matter of the contract, the defendants are on firmer ground and the finding of the trial court on this issue ..... september 1954 by their letter, exhibit 31. so far as the fourth issue relating to agency was concerned, the trial court found that the first defendants were acting as agents of the fourth defendants and that the fourth defendants were also, therefore, liable for breach of the contract. the preliminary contentions embodied in the first ..... issues were raised by the trial court of which the first three issues embodied the preliminary contentions; the fourth issue raised the question whether the first defendants was acting as the agent of defendants no. 4; issues nos. 5 and 6 related to the merits of the controversy, namely, whether the defendants had committed a .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-26-1966
Reported in : (1967)8GLR123
..... . jyoti narain : 1956crilj156 , bhagwati j. delivering the judgment of supreme court has considered the meaning of the word 'court' occurring in the contempts of courts act, 1952. there the supreme court was considering the distinction between an ordinary court of the country and judicial or quasi-judicial tribunals and this decision based on the ..... to assist the civil judge, senior division, baroda for disposal of civil matters on his file under the provisions of section 23 of the bombay civil courts act. the point which had arisen before the division bench was whether the joint civil judge, senior division, could have transferred the matter, which had been referred ..... the powers of civil judge, senior division, ahmedabad and the joint civil judge, senior division or junior division, ahmedabad, under the scheme of the bombay civil courts act, the decision of the division bench, with respect, is not binding on me. 14. the other decision on which reliance was placed by the learned advocate .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-29-1966
Reported in : AIR1967Guj276; (1967)0GLR307
..... the rate of nine per cent per annum which is three per cent less than the maximum rate of interest permitted to be recovered even under the bombay money lenders act. 1946.(3) mr. chhaya next contended that the annual instalments of rs. 5,000/- each fixed by the learned trial judge were too heavy having regard to the financial condition ..... provision conferring power on the court to postpone payment is concerned and the limitation as to rate of interest specified in section 34 cannot be invoked where the court is acting under order 20 rule 11 sub-rule (1) or (2). we must therefore reject the contention of mr. chhaya that in view of section 34 the learned trial judge was .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-04-1966
Reported in : (1967)ILLJ210Guj
..... senior clerks in the former saurashtra state, the public works department senior clerks should have also been absorbed as clerks. but, if the government were to act in that particular manner, it would be undoubtedly ignoring another principle which they had set to themselves, and that principle was the principle of the nature ..... . but, on 20 july 1960, the under secretary to the state of gujarat, which had, in the meantime, come into existence under the bombay state reorganization act, 1960, communicated to the director of agriculture, gujarat state, that the government of india had carefully considered the representations of the persons, mentioned in that letter, ..... servants (absorption, seniority, pay and allowances) rules, 1957 (hereafter called the rules), which were framed under the powers vested in the new state under the act read with art. 309 of the constitution. the steps which the new government was required to take, in order to complete the process of integration were the .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-05-1966
Reported in : (1968)9GLR24
..... extinguished without payment of any compensation and that surely is not a result which could have been intended by the legislature. moreover, section 19 of the act clearly postulates the continuance of leases of evacuee properties effected prior to the publication of the notification under section 12(1) indicating beyond doubt that leases of ..... of immovable properties specified in the schedule. now what is the immovable property in the present case which has been declared as evacuee property under the act? by the order of the assistant collector of evacuee property dated 13th january 1951 which was confirmed by the custodian of evacuee property by his order ..... the limits inter alia of a municipality which have been declared or are deemed to have been declared as evacuee properties under the administration of evacuee property act, 1950 now all the properties of sitar haji shakur were declared to be evacuee properties under the order of the assistant collector of evacuee property dated .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-10-1966
Reported in : (1966)7GLR945
..... he did not wish to challenge the correctness of that decision. we must, therefore, proceed on the basis that the amended section 29(2) of the rent act is retrospective in operation and governs revision applications filed prior to the amendment and the present revision appli cation must therefore be decided in the light of the extended ..... for admittedly no question touching the jurisdiction of the court was involved in the revision application. it was only if the amended section 29(2) of the rent act was applicable that this court could interfere and set aside the decision of the lower appellate court on the ground that the lower appellate court had committed an ..... scope and ambit of the power of this court to interfere in the present revision application. the question was whether the amended section 29(2) of the rent act governed the decision of the revision application or the revision application fell to be decided by reference to section 115 of the code of civil procedure. if the revision .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-11-1966
Reported in : AIR1968Guj38; (1967)GLR225
..... , it is necessary to reproduce that clause first:-'46. every municipality shall . . . . make . . . . rules, but not so as to render them inconsistent with this act , . . (i) prescribing, subject to the provisions of chapter vii, the taxes to be levied in the municipal district for municipal purposes, the grounds on which exemptions area to be ..... maybe given for he temporary occupation of , or the erection of temporary structures on, public streets or for projections over public streets. chapter vii of the act, deals with municipality taxation. the chapter consists of a number of sections beginning with section 59 and ending with section 81-a. these sects are groped together ..... under section 70' and other allied matters, section 48 empowers a municipality to make bye-laws but not so as to render them inconsistent with the act. those bye-laws can be made only with the previous sanction of the authorities mentioned in the section and after undergoing the procedure laid down therein. broadly .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-11-1966
Reported in : 1967ACJ252; [1967(14)FLR235]; (1967)0GLR81; (1967)ILLJ186Guj
..... court that the mere fact that the deceased workman carried a disease with him would not disentitle his representatives from preferring a claim for compensation under the workmen's compensation act, for instance, in the case of bai ghisabai gomsing v. rustom jehangir mills company, ltd. [1956 - ii l.l.j. 151] (vide supra), the ..... compensation claimed in respect of that injury shall, unless the injury results in death or serious and permanent disablement, be disallowed. (2) for the purposes of this act, an accident resulting in the death or serious and permanent disablement of a workman shall be deemed to arise out of and in the course of his employment, ..... disease and died during the period of working hours and therefore, the question arose as to whether compensation was claimable under s. 3 of the workmen's compensation act and under what circumstances such compensation could be claimed. the question, in other words was, whether the death could be said to have been caused on account .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-18-1966
Reported in : AIR1967Guj264; (1968)0GLR85
..... jurisdiction.(5) the submission of mr. zaveri on this point are these. the district court when deciding the case on a reference under section 18 of the act was acting as a court of special jurisdiction. as such court its powers and duties are those defined by the statute under which it exercises those powers and it has ..... kanakarathamma v state of andhra pradesh : [1964]6scr294 . that was a case a reference was made by the collector to the court under section 30 of the act in respect of apportionment of compensation between different persons claiming to be interested and entitled thereto. during the hearing of that reference the claimants appear to have put ..... no inherent powers independent of the provisions of that statute. under the provisions of the act an award of the land acquisition officer as to area is final unless challenged by the person interested. the special land acquisition officer or the government are .....
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