Court : Gujarat
Decided on : Aug-02-1978
Reported in : (1979)2GLR140
..... of sub-section (3) of section 3.39. we now turn to the fourth contention which mr. i.m. nanavaty has raised before us. according to him, amending act-central act 92 of 1976-is ultra vires articles 14, 19(1)(f), 19(1)(g) and 31 of the constitution. the only contention which mr. i.m. nanavaty has ..... the consumers. i say that these factors were being considered always by the state government and the central government and same have now been incorporated by the amendment act 92 of 1976 because this was the basis of price fixation of procurement price of essential commodities.28. approval or previous approval by the central government cannot ..... as distinguished from a foodstuff? we have already observed that the expression 'foodstuff is generic in character and includes 'foodgrains', which expression has not been defined in the said act. now the distinction which the parliament has made between 'foodstuff' and 'foodgrains' is found only in sub-section (3a) and (3b) of section 3. therefore, even .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-02-1978
Reported in : (1979)0GLR517
..... , i propose to exercise the powers of the appellate court under o. 41, r. 33, by holding the respondent no. 4 was also vicariously liable for the tortious act of appellant no. 1 and, therefore, responsible for payment of the compensation to the original claimants as awarded by the tribunal. consequently, respondent no. 3, being the insurance ..... to third parties, incurred by the persons specified in the policy, the third parties' right to recover any amount under or by virtue of the provision of the act is not affected by any condition in the policy. in may opinion, therefore, the tribunal was clearly in error in overlooking this aspect of the question and various ..... than in accordance with this schedule. any payment made by the company by reason of wider terms appearing in the certificate in order to comply with the motor vehicles act, 1939, is recoverable from the insured. see the clause headed 'avoidance of certain terms and right of recovery'.' 8. limitations as to use that the vehicle .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-03-1978
Reported in : [1979]118ITR973(Guj)
..... case with waiver or reduction or any other clause except clause (8) of s. 139. section 273a(1)(iii) gives power to the commissioner, notwithstanding anything contained in the act, whether on his own motion or otherwise, to reduce or waive the amount of interest paid or payable under sub-s. (8) of s. 139, and under clause (c), in ..... on the statements made in the petition. it is clear that the first respondent, commissioner of income-tax, purported to exercise his power under s. 273a of the i.t. act. the only question that was before him was to consider whether the conditions of clause (c) of s. 273a(1) were satisfied or not. we are not concerned in this .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-08-1978
Reported in : (1979)1GLR477
..... could be 'reappreciated' by the tribunal. further, onwards on page 632 the division bench has observed that if the management is guilty of blame-worthy conduct or acts in contravention of the principles of natural justice or without holding a fair enquiry as required by law or by flouting the fetter of previous approval, such action ..... and any order passed without holding an enquiry and without recording a finding of guilt would be violative of the statutory provision contained in section 36(1) of the act. it was also argued that in the proceeding before the tribunal the tribunal had simply to 'confirm' or 'modify' or 'reverse' an order passed by the ..... behalf of the petitioner that the impugned order of dismissal was void having been passed in violation of the statutory provision contained in section 36(1) of the act inasmuch as it had been passed without holding any enquiry and without giving him a reasonable opportunity of showing cause against the proposed action of dismissal from service .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-10-1978
Reported in : (1979)1GLR363
..... , assessment etc. so the deputy collector is certainly an officer dealing with the revenue. mrs. mehta emphasised however that while functioning under section 101, he would not act as a deputy collector under the land revenue code. it is not so. he is entrusted with the inquiry under section 101 because he is the deputy collector under ..... that prima jade the land was a street land, the plaintiff was however laying his claim against the panchayat and inquiry under section 101 of the gujarat panchaya's act was contemplated. the prant officer, therefore, held inquiry after complying with all the principles of natural justice and on 11-3-1966 he declared the said land as ..... a particular date viz. 5-2-63. thereupon the chairman of the panchayat issued a notice dated 29th april 1963 under section 94 of the gujarat village panchayats act calling upon the plaintiff to remove the obstruction on the suit land which was alleged to be a public road, obviously vested in the panchayat. the plaintiff replied .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-11-1978
Reported in : (1979)1GLR256
..... both of the voluntary and involuntary kinds. without more, therefore, there is no reason for limiting the operation of the word 'transfer' to voluntary acts of transfer so as to exclude compulsory acquisitions of property.(emphasis supplied by me)it should be noted that the supreme court spelled out the legislative intent ..... the concurrence of the transferor and the transferee and a compulsory divestiture of title against the volition of the owner cannot amount to transfer, howsoever lawful the act may be as a statutory acquisition of property. rejecting this contention, chandrachud c.j., speaking for the court, posed a narrow question, whether a ..... section 28 the registering authorities are prohibited from registering any transfer referred to in section 27 which is compulsorily registerable under section 17 of the registration act, unless the transferor produces the requisite permission or satisfies the registering officer that the period of 60 day referred to in sub-section (4) of .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-11-1978
Reported in : (1979)1GLR224
..... rain water from the roof of the plaintiffs and on the property now with the defendant. mr. modi, however, urged that by virtue of section 37 of the indian easements act, 1882, the trustees, who were held to have granted that right as per ex. 45, were not entitled to create an easement that would ensure for all time to come .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-21-1978
Reported in : (1979)1GLR7
..... ....(ii) to question the validity of any procedure or the legality of any order made by a debt settlement officer or an appellate officer under this act.therefore, once the debt settlement officer or the appellate officer records a decision on any of the questions specified in section 12 in proceedings instituted under section ..... upon the debt settlement officer to decide questions specified in section 12 irrespective of where they originate. the limited connotation of the expression 'any proceeding under this act' used in section 12 receives support from section 11. it, inter alia, provides that no civil or revenue court shall entertain 'any suit, appeal, or ..... civil court has is in respect of finding out whether the provisions of the statute have been complied with or not and whether the statutory tribunal has acted in conformity with the fundamental principles of judicial procedure. in the instant case, section 12 confers jurisdiction upon the debt settlement officer to decide the .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-23-1978
Reported in : (1979)GLR248; (1979)0GLR248
..... acquired or not under the provisions of s. 269f. the valuation officer, thus being a statutory authority, has certain functions to performs. it is true that he acts in an advisory capacity and has to help the competent authority to determine the fair market value. we are not concerned in the present case with the question ..... acquisition in respect of any immovable property. thus, the valuation officer, who is called upon to determine the fair market value of any particular immovable property, is acting as an expert authority and adviser to the competent authority for the purpose of enabling the competent authority to determine the fair market value, either prima facie at the ..... officer,....' 7. it may be pointed out that the powers of a valuation officer under s. 38a are similar to the powers given under the land acquisition act for the purpose of carrying out survey, etc., to demarcate the land with a view to consider the desirability of acquiring any particular land for public purposes. .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-23-1978
Reported in : (1980)8CTR(Guj)147; [1980]125ITR417(Guj)
..... or not under the provisions of s. 269f. the valuation officer, thus being a statutory authority, has certain functions to performs. it is true that he acts in an advisory capacity and has to help the competent authority to determine the fair market value. we are not concerned in the present case with the question ..... acquisition in respect of any immovable property. thus, the valuation officer, who is called upon to determine the fair market value of any particular immovable property, is acting as an expert authority and adviser to the competent authority for the purpose of enabling the competent authority to determine the fair market value, either prima facie at the ..... the valuation officer,....'it may be pointed out that the powers of a valuation officer under s. 38a are similar to the powers given under the land acquisition act for the purpose of carrying out survey, etc., to demarcate the land with a view to consider the desirability of acquiring any particular land for public purposes. .....
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