Court : Gujarat
Reported in : (2003)3GLR2331; (2003)4GLR950
..... been contemplated by that condition. reliance was placed on the following decisions in support of this contention :(a) the decision of the supreme court in jethanand betab v. state of delhi, reported in air 1960 sc 89, was cited to point out that, in paragraph 7 of the judgment, the supreme court had approvingly referred to maxwell on interpretation of ..... state of haryana, reported in air 1986 sc 244, to point out that the classification of buildings with reference to the date of commencement of the haryana urban (control of rent and eviction) act (11 of 1973), had a rational basis and had a clear nexus with the object to be achieved by the act of encouraging the construction of new ..... in air 2000 sc 1976, was cited to point out that, in context of the provisions of clause 13-a of the c. p. & berar letting of houses and rent control order (1949), it was held by the supreme court that the said provision merely provided for a limitation to be imposed for the future which in no way affects .....
Tag this Judgment!Court : Gujarat
Reported in : (1982)26CTR(Guj)209; [1982]138ITR143(Guj)
..... the said property within four years from the date of the agreement and further agreed to hand over the possession immediately in consideration of which the vendee agreed to pay rent at the rate of rs. 16,855 per annum till the conveyance was executed. it appears further that on december 21, 1959, the government of the erstwhile state of bombay .....
Tag this Judgment!Court : Gujarat
Reported in : (1969)GLR786; (1967)ILLJ463Guj
Shelat, J.1. These petitions raise a short yet an important question relating to the extent and power of a labour court under S. 78(1)A of the Bombay Industrial Relations Act, 1946, hereinafter to be referred to as the Act. 2. The facts leading to these petitions are quite simple. Narsinhbhai Motibhai, respondent 2 in Special Civil Application No. 456 of 1963, was serving as a clerk and that way an employee in the Manekchowk and Ahmedabad ., to be referred to hereafter as the petitioner-mills since last about 28 years. On 29 April, 1960 at about 11-40 a.m. while respondent 2 was on his duty in the office-room of the mills, the manager of the petitioner-mills happened to pass through that room, and he found respondent 2 sleeping with his legs stretched on the gadi. He had to be awakened by crying out by the cashier working in the same office-room. That led the manager of the mills to give him a notice, Ex. 8, calling upon him to explain and show cause as to why he should not be dismisse...
Tag this Judgment!Court : Gujarat
Reported in : (1964)0GLR746; [1965]56ITR621(Guj)
..... was stated in each of the notices that it was issued after obtaining the necessary satisfaction of the commissioner of income-tax, gujarat, or the central board, of revenue, new delhi, as the case may be. the petitioners were of the view that the notices were illegal and void and they, therefore, preferred the present petitions challenging the validity of the .....
Tag this Judgment!Court : Gujarat
Reported in : [1978]111ITR584(Guj)
Divan, C.J.1. In each of these five matters, identical questions arising from the same set of facts have been referred to us for our opinion by the Income-tax Appellate Tribunal and hence we will dispose of all these matters by this common judgment. At the instance of the assessee in each of these five cases, the following three identical questions have been referred to us for our opinion : '(1) Whether, on the facts and in the circumstances of the case, and particularly in view of the facts that - (a) on partial partition of the HUF the assessee received not only assets but also certain liabilities of the HUF, and (b) the income from the assets received on partition had been considered in computing the total income of the assessee, the Tribunal was right in holding that a part of the interest in respect of amounts due to unsecured creditors should not be allowed either by way of any overriding title or otherwise (2) Whether, on the facts and in the circumstances of the case, the Tri...
Tag this Judgment!Court : Gujarat
Reported in : AIR1964Guj59; (1963)GLR1033
..... a right of appeal and a revision which did away with the contention that the restrictions were unreasonable. similarly in jyoti pershad v. administrator for the union territory of delhi : [1962]2scr125 , the fact that an appeal to the administrator was provided for by the provisions of slum areas (improvement and clearance) act, 1956, was ..... binding on the executive government, could hardly be a substitute for a judicial enquiry. reliance was also placed on the decision in raghubir singh v. court of wards,' ajmer : [1953]4scr1049 , where the constitutional validity of section 112 of the aimer tenancy and land records act, 42 of 1950, was under review. the supreme ..... property. in that case, section 86 of the marwar land revenue act, 1949, empowered the settlement officer at his discretion to give retrospective effect to the rent settled by him. the contention that this was an unreasonable restriction upon the right of property inasmuch as the discretion so vested was not controlled in any way .....
Tag this Judgment!Court : Gujarat
Reported in : (1966)0GLR156
..... ., in state of madras v. v. g. row : 1952crilj966 where the learned chief justice observed : 'this court had occasion in dr. n. b. khare v. state of delhi : [1950]1scr519 to define the scope of the judicial review under clause (5) of art. 19 where the phrase 'imposing reasonable restrictions on the exercise of the right' also occurs ..... to the dare of the vesting of the estates in government shall vest and be recoverable by the state. the contention relating to this provision was that arrears of rent being choses in action could not form the subject-matter of acquisition since no public purpose would be served by such acquisition and the provision was, therefore, beyond ..... be so, it is clear that debts must have a local situation. 39. sri porus mehta, in this connexion, placed strong reliance on the decision of the supreme court in delhi cloth and general mills company, ltd. v. harnam singh : [1955]2scr402 . he referred us to the following passage from the judgment of bose, j., namely : 'that .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1962Guj128; (1962)0GLR269
..... then existing states of madhya pradesh. madhya bharat, rajasthan, bhopal and vindhya pradesh. a new state of rajasthan was constituted out of the territories of the then existing state of ajmer and some of the territories of the then easting states of rajas-than, bombay and madhya bharat. a new state of punjab was created comprising the territories of the then ..... vindhya pradesh were combined to form the new state of madhya pradesh. similarly the new state of rajasthan was constituted out of the territories of the then exiting state of ajmer and some of the territories of the then existing states of rajasthan, bombay and madhya bharat. the new state of punjab was also created out of the territories of the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1986Guj209; (1986)1GLR1
..... to intervene at the stage of arguments in these references as they had filed similar matters pending in this court raising similar questions. in the case of bharat bank ltd. delhi v. employees of bharat bank : (1950)nullllj921sc , five-member bench of the supreme court consisting of kania, c.j., fazl ali, patanjali sastri, mahajan and b. k. mukherjea, jj. had .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1968Guj124; (1970)0GLR226
..... invariable percentage yield. what an immovable property in a particular locality yields is mainly a question of fact and can be determined only on evidence produced in the case. in rent restriction cases, 83/4 percent of the capital value of a property is usually taken as the annual yield which a property owner can expect from his investment. this is .....
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