Court : Gujarat
Decided on : Dec-30-1980
Reported in : (1981)22GLR674
..... conclusion in inescapable that all the heirs on original deceased tenant would be entitled to succeed to that estate or interest which is protected by the rent act till the rural relationship of landlord and tenant is snapped by an order or decree of eviction made under the relevant provisions governing the question of eviction. ..... representatives of the tenant, claimed a statutory right conferred upon the persons following within section 5(11)(c) of the bombay rents, hotels and lodging house rates control act, 1947. but apart from this right, even if it was vested in the present petitioners (i.e. petitioners before the court) the plaintiff (landlord) wanted possession ..... or before such settlement, and unless there has been a consequent failure of justice. under sub-section (2) of section 21, which inserted by the amendment act, 1976, no objection as to the competence of a court with reference to the pecuniary limits of its jurisdiction shall be allowed by any appellate or revisional court .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-19-1980
Reported in : 1982CriLJ754; (1981)GLR404
..... step which the food inspector was required to take under the said rules by positive evidence and no presumption that he had regularly and properly performed the act or acts which he was required to perform under the said rules could be raised. it was submitted that the provisions of the said rules being mandatory were ..... .'11. the principle which emerges from the aforesaid decision of the supreme court is that notwithstanding the mandatory nature of the provisions under which an official or judicial act is done or performed, presumption under section 114 illustration (e) can be raised. in kassim kunju ((1976) 2 fac 68)(supra, the supreme court approved ..... by the rules, the petitioner was, therefore, prosecuted for offence punishable under section 16(1)(a)(i) read with section 7 of the prevention of food adulteration act in the court of metropolitan magistrate 8th court, ahmedabad.3. during trial on application made by the petitioner, the learned magistrate sent one of the two remaining .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-17-1980
Reported in : (1981)22GLR596
..... the government, local authorities and other corporate bodies. to the extent to which section 27 exempts certain institutional debts from the operation of the impugned act introduces, in the opinion of mr. mankad, an element of hostile discrimination between non-institutional creditors and institutional creditors. the argument which mr. ..... social orderliness is not secured. the supreme court has, therefore, held that for the purpose of article 301 restrictions placed by the maharashtra debt relief act, 1975, are reasonable. the standards of reasonableness for the purpose of article 301 are not different from the standards of reasonableness under articles 19(1 ..... court in krishna murthy and ors. v. govt of andhra pradesh : air1979ap85 . in that case, the constitutionality of andhra pradesh agricultural indebtedness (relief) act, 1977, was challenged. it appears from that decision that the legislative competence of the andhra pradesh state legislature to enact that law was challenged under .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-12-1980
Reported in : (1981)22GLR689
..... , could be said to be insolvant and could be adjudicated insolvant for acts of insolvency committed by major partners. subba rao, j. (as he then was) speaking for the supreme court observed that since the partnership firm was no ..... chandrakant neelkant sajalge and ors. : [1964]8scr233 . in that case the supreme court was not directly concerned with the interpretation of section 69(2) of the act and the question which was before the supreme court was whether a minor who was admitted to the benefits of partnership and who attained majority after the partnership was dissolved ..... fulfilled, the third party would not have adequate protection as it could not check up whether they were partners of the registered firm when such persons purport to act as partners in the firm while dealing with the third party.6. it may be pointed out that against this decision of the division bench, an appeal .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-11-1980
Reported in : (1981)22GLR876
..... government servant as his constitutional right to have hearing at the stage of imposition of penalty. notwithstanding with the dispensation with this second opportunity if an act of a legislature enjoins the disciplinary authority to give an opportunity to a police officer before any major penalty is imposed against him of showing cause ..... impugned order being an executive action of the government, it cannot be successfully claimed by the state that the limitations prescribed if any in the bombay police act, 1951 or the bombay police (punishment and appeal) rules, 1956 circumscribing this power which is enabling in its nature can be overlooked. though the obligation ..... executive action of the state government can be performed and a fortiori is subject to same conditions as may be prescribed in the statutory rules or the act laying down the conditions of service including the disciplinary and appeal procedure. the learned government pleader, appearing on behalf of the state, urged that the .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-11-1980
Reported in : (1981)22GLR1143
..... government servant as his constitutional right to have bearing at the stage of imposition of penalty. notwithstanding with the dispensation with this second opportunity if an act of a legislature enjoins the disciplinary authority to give an opportunity to a police officer before any major penalty is imposed against him of snowing cause ..... the impugned order being an executive action of the government, it cannot be successfully claimed by the state that the 'limitations prescribed if any in the bombay police act, 1951 or the bombay police {punishment and appeal) rules, 1956 circumscribing this 'power which is enabling in its nature can be overlooked. though the obligation to ..... the impugned orders are had in law and void inasmuch as they are in clear violation of the mandatory provisions of section 26 of the bombay police act, 1951 inasmuch as no opportunity has been given to the respective petitioner before the proposed penalty is inflicted and without recording any reasons in that behalf.( .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-09-1980
Reported in : (1981)22GLR861
..... the whole chapter iv, therefore, ordinarily should be understood to have reference to these officers, that is, their appointments and conditions of service. section 50 of the act, which was pressed into service, reads as follow:50(1) the transport manager and all officers appointed under section 45 shall, subject to the provisions of sub-section ..... of the corporation. section 50(4), which was vehemently, pressed into service is reproduced below:50(4) in all matters not otherwise provided for in this act, the conditions of service of the transport manager and other officers specified in sub-section (1) shall be regulated by the regulations.mr. patel urged that ..... 465(1)(a) specifically excludes the standing committee's power to make regulations prescribing qualifications for the post of those officers, who are required by the act to be appointed by the corporation. the transport manager is an officer required to be appointed by the corporation and so the standing committee had no power .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-08-1980
Reported in : AIR1981Guj230; (1981)0GLR665
..... himself unable to enter into and adjudicate upon the only and the material issue whether the premises in question were in existence before the bombay provincial municipal corporations act, 1949 became applicable.2. the reason of the inability of the learned city civil judge to enter into and adjudicate upon the material issue was, in his ..... under s. 260 for purposes of the demolition of the unauthorised structure are competent only in respect of the structures which have been constructed after the corporations act came into force. this will be undoubtedly a jurisdictional fact inasmuch as the notice under s. 260 would be competent provided it is established that the premises ..... made some observations which the learned city civil judge in the present case found as denying jurisdiction to the civil court to try an issue whether the act applied to the premises in dispute or not. the contention urged before the learned single judge in the said appeal was that the demolition order was vague .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-05-1980
Reported in : (1980)2GLR1
..... injunction under order 39 rule 1 or 2 has been conferred upon the tribunal set up under the provisions of section 14 of the gujarat municipalities act.13. under these circumstances, in the first place, the application, exhibit 5, for interlocutory injunction was itself not maintainable and the applications was misconceived ..... therefore, also there would be no right of appeal against such orders if any. we are, however, of the view that the gujarat municipality act has neither invested the petitioners challenging the validity of the election with the substantive right to claim injunction or correspondingly conferred the power to grant injunction ..... 6, 1980 before the learned district judge, mehsana. the district judge is constituted the tribunal to hear election petitions under the provisions of the gujarat municipalities act, 1963. during the pendency of the election petition before the learned district judge, somabhai kacharadas patel, the appellant, filed the application, exhibit 5, and .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-04-1980
Reported in : [1983]54CompCas872(Guj); (1981)0GLR1271
..... company. counsel for the insurance company has contended that since the clause limiting the liability of the insurance company restricts the liability to the amount specified in the motor vehicles act, the insurance company cannot be saddled with the liability to indemnify the insured in respect of costs and interest on the amount of rs. 50,000. in other words, rs .....
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