Court : Gujarat
Decided on : Apr-25-1978
Reported in : (1978)19GLR1067
..... by the three persons on the basis of those proposals and suggestions was effective, meaningful and substantial consultation within the meaning of section 7 of the gujarat municipalities act, 1963. therefore, i find eo infirmity in the impugned delimitation order which the state government has made. to repeat, even if the municipality can be ..... had delegated its powers to the three persons to tender advice to the state government through the collector by entering into consultations with the latter. they acted upon the suggestions individually made by 36 municipal councillors out of 40 the remaining 4 having chosen not to make any suggestions. the proposals and the ..... persons whom the municipal council authorised to enter into consultations with the collector were not appointed as a committee within the meaning of section 55 of the act.7. mr. daru has further argued that, under the aforesaid circumstances, the only section under which three persons could have been appointed into a committee .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-10-1978
Reported in : (1979)1GLR134
..... in our opinion, section 95, (2)(b) governs the instant case. compulsory insurance of such a nature as contemplated by section 95 (2)(b) of the motor vehicles act, 1939 ought to have been taken out. by insuring the vehicle in question for a lesser amount under a clause inapplicable to the instant case, the insurance company cannot escape ..... and to insert the words 'with the insured person' would be to insert words of specific limitation beyond what can be inferred from the general tenor of the act or policy. if those words had been intended, the learned law lords further observed, they could and should have been expressed and that since they were not expressed ..... decision of the supreme court in pushpabai's case provided the case is governed by clause (c) of sub-section (2) of section 95 of the motor vehicles act, 1939. interpreting the relevant provisions of section 95, the supreme court has observed in that decision that the section does not require that a policy of insurance should .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-13-1978
Reported in : AIR1979Guj149; (1979)0GLR268
..... prescribed for the application, and the consensus of judicial opinion on this point had been noticed by the privy council in hansraj gupta v. official liquidators, dehra dun mussorie electric tramway co. ltd. 60 . an attempt was no doubt made in the case (sha mulchand i v. jawahar mills) of : [1953 ..... 10)to,the court of civil judge sr./ jr. division .........under clause (i) of sub-section (3) of s. 38 of the bombay agricultural debtors' relief act, 1947,i ..... son of ........................................resident of :taluka, ..................hereby apply for execution of award no. -............ dated ................ passed by the court as the debtor ..............has made ..... decision of the supreme court in athani municipality v. labour court, hubli : (1969)iillj651sc and following that decision, held that even under the limitation act of 1963, the residuary article 137 would apply only to applications made under the code of civil procedure, 1908. the decision of -the supreme court in .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-23-1978
Reported in : AIR1978Guj140; (1978)0GLR920
..... statute, whatever may be the intention of the parties. however, looking to the scheme of that act, the supreme court came to the conclusion that there was nothing to indicate that the legislature had prohibited a contract to transfer land between one agriculturist and another. ..... reference has been made is in jambu rao satappa kocheri v. neminth appayya hanamannayar : [1968]3scr706 . it was a case under the bombay tenancy and agricultural lands act, 1948. in that case, it has been held by the supreme court that the court will not enforce a contract which is expressly or implied1v prohibited by a ..... registered or deemed to be registered under any law relating to co. operative societies for the time being in force and to any society registered under the societies registration act, 1860, or under any other corresponding law for the time being in force and used for any non profit and non-commercial purpose. to repeat, s. 19 .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-24-1978
Reported in : (1979)1GLR118
..... city civil court, ahmedabad, by his civil miscellaneous application no. 571 of 1972, praying for a decree in terms of the award under section 17 of the arbitration act. the petitioner-defendant also moved the city civil court, ahmedabad, by his application being civil miscellaneous application no. 53 of 1973 for setting aside the said award. after ..... where a question arose about the adequacy of court-fees on an appeal preferred from an adjudication made in proceedings for settlement of rents under the bengal tenancy act, and quoted the passage which reads as under:.this proceedings for settlement of rents cannot be regarded as a suit. the proceedings are under section 104(2) ..... more or less than an application and, consequently subject to one fee of eight annas only under article (1) claude (b), (2) schedule ii, court-fees act.7. shah j. then proceeded to observe that if the adjudication made on an application for adjustment of debts by a displaced creditor are called decrees, and the same .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-25-1978
Reported in : (1978)7CTR(Guj)258; [1980]125ITR67(Guj)
..... regarding the ascertainment of residuary estate must be dealt with separately and by itself, that is, apart from the provisions of s. 168(3) of the i.t. act. 17. under these circumstances, we hold that by the time the assessment years under consideration started, the residuary estate had been ascertained and was capable of being handed over ..... balabhai as the legal representative of balabhai damodardas. 7. we may point out that in view of the distinction between the provisions of the w.t. act and the i.t. act and in view of the fact that for the relevant years under consideration before the division bench which considered the wealth-tax case, namely, assessment years ..... certain expenses out of the self-acquired properties of the testator. according to the principles of hindu law and the provisions of s. 6 of the hindu succession act, 1956, the assessee and his brother became entitled under the will to inherit one-half share of the deceased in the coparcenary properties. from the point of the .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-31-1978
Reported in : (1979)1GLR191
..... a general election', 'any election' and the like in different sections and different sub-sections appearing under the heading 'election of councillors' in chapter ii of the act. it was strenuously contended that the legitimate presumption, therefore, was that each word was used to convey a different meaning and that, therefore, the words 'the ..... of inconvenience or hardship. in the last place, as to the ensuing elections in three municipal boroughs, the state government will have an opportunity to act according to the law as interpreted by us by postponing the elections. even if the terms of those municipalities have expired, the municipal governments would not ..... merit or demerit. the legislature has spoken altogether too briefly in this section, unlike similar section in the statute in part materia, namely, the gujarat panchayats act, 1961 wherein it has made its intention more explicit, as we shall presently point out. we will, therefore, have to construe the section according to reason .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-01-1978
Reported in : AIR1978Guj208; (1978)0GLR799
..... tenant becomes the owner not by obtaining the specific performance of that agreement of sale but by virtue of the provisions of s. 32-0 of the tenancy act upon the expiry of one year. the entire scheme of consideration also undergoes a complete transformation. whereas in case of specific performance of an agreement of sale ..... vendee uses the agreement of sale as a spring board to jump at the tenancy, the very agreement fails because that agreement becomes unenforceable ' under the specific relief act. therefore, the transaction which it witnesses also fails. the consideration for which the transaction was entered into also fails. the only known way of enforcing an agreement ..... decisions. he drew a distinction between the presumption which, according to the division bench, in gulabrao's case (supra) arose from s. 4 of the tenancy act and the legal fiction, which according to the full bench decision and the decision of the supreme court, arose from that section. we will shortly point out that .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-06-1978
Reported in : AIR1978Guj130; (1978)GLR895
..... , and to the extent to which any municipal officer is so empowered the word 'commissioner' and the words 'transport manager' occurring in any provisions in this act, shall be deemed to include such officer..'section 49 before its amendment read as follows:-'49 (11 a deputy municipal commissioner or assistant municipal commissioner shall, subject ..... inform the corporation of the powers and duties which he from time to time deputes to a deputy municipal commissioner or assistant municipal commissioner.' (2) all acts and things performed and done by a deputy municipal commissioner or assistant municipal commissioner during his tenure of office and by virtue there of shall for all ..... it would make one officer ostensibly responsible for the decision of another: nay more, it would compel an officer in the exercise of his judicial function to act according to the dictates of another, even if he is not satisfied about the correctness of the course' dictated by that other. that would be wholly .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-07-1978
Reported in : AIR1978Guj121; (1978)0GLR509
..... service viz. sanitation service was withheld by the respondents-landlords in both the cases even though their respective tenants were deprived of that service by an act, of the nagar panchayat which decided to discontinue providing service of cleansing of refuge from the latrines by human labour. applying the ratio laid down by ..... an stair-cases. lifts and conservancy or sanitary service. explanation ii:- for the purposes of this section, withholding any essential supply or service shall include acts or omissions attributable to the landlord on account of which the essential supply or service is cut off by the local authority or any other competent authority.' ..... cutting off or withholding of the essential service in question. the learned magistrate negatived this contention observing that it was on account of the accused not acting as per the directions of the local authority that the local authority stopped to render the services of cleansing the dabba latrines. the learned magistrate also .....
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