Court : Gujarat
Reported in : AIR1995Guj25; (1995)1GLR831
..... that each petitioner filed his respective statement in the prescribed form under section 6(1) of the urban land (ceiling and regulation) act, 1976 (the act for brief) with respect to the properties held by him within the urban agglomeration of surat as on 17th feb. ..... once the conclusion is reached that the tribunal exercising the appellate powers under section 33 of the act has to follow the procedure as laid down in section 12(5) of the act, there is no escape from the conclusion that the procedure prescribed in the relevant provisions contained in the code with respect to the appellate jurisdiction of the appellate court thereunder will govern the procedure to be followed ..... absence of provisions prescribing the procedure for the appellate authority under section 33 of the act has to be read in the light of the fact that such procedure has been prescribed for the tribunal under section 12(5) and ..... as pointed out hereinabove, absence of any prescribed procedure under section 33 of the act qua the appellate authority would not mean exercise of any arbitrary powers by the appellate authority with respect ..... shri champaneri for the respondents has urged that section 33 of the act under which the appeals in question were filed by the petitioners does not contemplate acceptance of any additional evidence at the ..... no different procedure could be said to have been contemplated under the act as that might amount to contravention of the guarantee of equality contained in article 14 of the .....
Tag this Judgment!Court : Gujarat
Reported in : (1964)0GLR746; [1965]56ITR621(Guj)
..... of section 22, and may proceed to assessee or reassess the income, profits or gains of the assessee for all or any of the years referred to in clause (i) and thereupon the provisions of this act excepting those contained in clauses (i) and (iii) of the proviso to sub-section (1) and in sub-sections (2) and (3) of this section shall, so far as may be, apply accordingly : provided ..... in a notice under sub-section (2) of section 22 and may proceed to assess or reassess such income, profits or gains or recompute the loss or depreciation allowance; and the provisions of this act shall, so far as may be, apply accordingly as if the notice were a notice issued under that sub-section : provided that - (i) the income-tax officer shall not issue a notice this ..... gains chargeable to income-tax have escaped assessment for that year, or have been under-assessed, or assessed at too low a rate, or have been made the subject of excessive relief under the act, or excessive loss or depreciation allowance has been computed, or (b) notwithstanding that there has beeen no omission or failure as mentioned in clause (a) on the part of the assessee, the income- ..... section with which we are concerned is the section after its amendment by the income-tax and business profits tax (amendment) act, 1948. ..... act was passed on 8th september, 1948, and it substituted a new section in place of the old and the material part of the material part of that section as subsequently amended by the income-tax (amendment) act, .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1960Guj1; 1960CriLJ1200
..... , submitted that these facts, assuming that the accused was suffering from these hallucinations, were in sufficient to constitute that an soundness of mind by reason of which the accused could be said to be incapable of knowing the nature of his act or that what he was doing was either wrong or contrary to lay, and that therefore the accused would not be entitled to the benefit of the general exception laid down in s. ..... there can, however, be no doubt that to establish a defense on the ground on unsoundness of mind, the accused must affirmatively prove that at the time of committing the act the was laboring under such a feet overseen as not to know either the nature and the quality of the act that he was doing or if he did know it, he did not realizes that what he did know it, heeded not realize that what he was doing was either wrong or contrary to law. ..... courts of nagpur, bombay and patna, where the defence was based merely on a sudden homicidal impulse said to have been suffered by the accused and the insanity which was sought to be traced from the criminal acts committed by the before us evidence to suggest that the accused was suffering from symptoms of unsoundness of mind as a result of the delusions and hallucinations suffered by him. ..... emperor air 1948 nag 20(2) where it has been observed:'a person is presumed to be responsible for his action and the natural consequences thereof unless he affirmatively proves that he is entitled to exemption from criminal liability. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1972Guj280; (1972)0GLR23
..... justice nam who heard the appeal considered section 3 of the bombay city civil courts act, 1948 which provides that the city civil court shall have jurisdiction to receive, try and dispose of all suits and other proceedings of a civil nature not exceeding rs.10,000 in value and arising within greater bombay ..... so far as the suits in which the subject-matter in dispute between the parties is capable of monetary evaluation are concerned, section 24 of the bombay act, as i have stated above, confers jurisdiction upon a civil judge (senior division) because the negative test conferring jurisdiction upon a civil judge (junior division) by the said section is not satisfied in respect of such ..... in paragraph 14 of the report this is what the learned judge has observed on the scheme of section 3 of the bombay city civil courts act, 1948. ..... sections 8 and 26 of the bombay act and section 13 of the madras act are different from section 21 of the u.p.act inasmuch as the former two acts confer residuary civil appellate jurisdiction upon the district court while the u.p.act confers residuary civil appellate jurisdiction upon the high ..... for the purpose of analogy the provisions of section 8 and section 26 of the bombay act may be looked appellant the test which has been laid down in section 26 for the purpose of appeals is ..... the learned judge considered the scheme of section 28 of the hindu marriage act, 1955 and held that it gives to a party a right to appeal but does not prescribe the forum of .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1963Guj40; (1963)GLR317
..... . of course, the words, 'at the rate' occur in the second proviso but the emphasis is also on the words 'shall be charged and collected under this act', from the whole scheme of the new act and reading sections 5, 6 and 49 of the act together, it does not appear that the emphasis in the second proviso to section 49 is merely on the word 'rate' and that the use of the word ..... obliging the assesses to have the claim computed in a manner different from that in which he was entitled to have it computed under the old act and make the rate dependent on the said computation, the question will have to be further considered whether article 16 in the new act can apply to the present applications either wholly or at any rate to the extent of the rate prescribed thereunder . . . .' 'in ..... municipal corporation, greater bombay, 63 bom lr 667 are at page 672 : --'in the first place we must point out that while the court-fees act provides for the computation of the claim and the rate of court-fees, which will be chargeable on the computed claim, this section only refers to the rates to be charged ..... notification, order, rule, form, application, reference, notice, report or certificate made or issued) under any such law shall, in so far as it is not inconsistent with the provisions of this act, be deemed to have been done or taken under the corresponding provision of this act and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under this .....
Tag this Judgment!Court : Gujarat
Reported in : (1977)IILLJ409Guj
..... same result is also reached because these are state agencies or instrumentalities of the state which are created by the statute for administering this act as public authority for public benefit, and to whom statutory powers are given to make these binding regulations under s. ..... section 12(2) in terms provides that every officer or other employee of an existing bank shall become, on the commencement of the act, an officer or other employee of the corresponding new bank, and shall hold his office or service in that bank on the same terms and conditions and with the same rights to pension, gratuity and other ..... corresponding new bank shall be a body corporate with perpentual succession and a common seal with power, subject to the provisions of the act, to acquire, hold and dispose of property, and to contract, and it may sue and be sued in its name. ..... the corporation is not only statutory public corporation crated as an instrumentality of the state to carry out this public function for the public benefit, but it has also to administer the act and is made authoritative by being delegated the sovereign power of making the necessary regulations under s. 19. 4. ..... the power of the board to make rules and regulations and to administer the act was said to be in substance the sovereign power of the state delegated to ..... is delegated sovereign power of making binding rules and regulations and it has to administer or enforce the act for carrying on this public undertaking for the public benefit. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1966Guj248; (1966)GLR341(GJ)
..... in lavjibhai's case (1902) 3 guj lr 86 (supra) was not a correct interpretation as the decision did not take into account the provisions of section 21 of the general clauses act under which power under section 10 must include the power to rescind the order passed by the collector, and once such a rescission took place the position would be as if the collector had not ..... be hold to be without any limitations or conditions, in our view, therefore, on a correct interpretation of section 10 read with the rule of interpretation embodied in section 21 of the bombay general clauses act, 1904 the power to constitute wards would also include the power to rescind an order passed by the collector and thereafter to issue a fresh order constituting the wards and allocating reserved seats under that section ..... election, namely, the constitution of the wards, the determination of the total number of re-served seats and the allocation of reserved scats to each of such wards, was fixed under the act and the rules made thereunder and once such a programme in the process of an election was fixed, the various stages so formed could not be varied or altered therefore once a step ..... defining their extent and allocating reserved seats to such wards, there was no provision either in section 10 or any of the other provisions of the act whereunder the collector could retrace such a stop already taken by him and that it was obligatory upon him to go to the next stage of the election prescribed under the .....
Tag this Judgment!Court : Gujarat
Reported in : 2004ACJ257; (2003)2GLR1684
..... not a party for the purpose of holding that the injured would be entitled to recover amount of compensation awarded by the tribunal from the insurer beyond its liability under sections 95 and 96 of the motor vehicles act, 1939, and thereafter, the insurer would be entitled to recover the excess amount from the insured, and therefore, it should be held that the claimant would be entitled to recover from insurer only upto the ..... 2001 (2) glr 1219, the supreme court on examination of provisions of sections 64vb, 146(1), 147(5) & 149(1) of the motor vehicles act, 1988, has held that any contract of insurance under chapter 11 of the motor vehicles act, 1988, contemplates a third party, who is not a signatory or a party to the contract of insurance, but is nevertheless protected ..... mehta, learned advocate of the insurance company, contended that prior to the coming into force of the motor vehicles act, 1939, there was law of torts under which insurance company could not have been sued, and in case the vehicle was insured, the owner would have been able to ..... filed by the oriental fire and general insurance company having its office at new delhi, under section 110a of the motor vehicles act, 1939 against judgment and award dated february 16, 1979, rendered by the motor accident claims tribunal no. ..... (rupees fifty thousand only) having regard to the provisions of section 95 of the motor vehicles act, 1939, and the terms and conditions stipulated in the insurance policy; whereas in first appeal .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1974Guj31; (1973)GLR10
..... sc 764 it has been laid down that, in case of laws to which article 255 applies the assent of the president given even after the act has been passed, serves to cure the in firmity arising from the initial non compliance with the provisions of article 304(b). ..... ' section 8 lays down important guidelines in the matter of administering the provisions of the act and states as follows:- 'any authority or person acting in pursuance of this act shall interfere with the ordinary avocations of life and the enjoyment of property as little as may be consonant with ..... making good his contention because in exercise of the powers conferred by section 37 of the mysore forest act, the government of mysore had framed rules to regulate the transit of timber, firewood, charcoal and ..... it furnishes an important guideline to the permit issuing authority, who is required while implementing the provisions of the act, to interfere with ordinary avocation of life and enjoyment of property as little as mar be consistent with the ..... the aforesaid unreported judgment of this court and also in light of the provisions of section 8 of the act, clauses 3 and 4 of the control order are not hit by article 19(1)(9) and article 14 of the ..... while construing the absolute freedom of trade within the meaning of section 92 of the australian constitution act, the privy council has laid down the following principles: -'the distinction is clear between laws interfering with the freedom to effect the very transaction or to carry out .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2005Guj164; (2005)1GLR519
..... not inconsistent with the provisions of this act, shall continue to apply to that corporation:provided also that the government company or the company referred to in sub- ..... whether before or after the commencement of this act, such government shall be deemed to be a licensee under this act, but shall not be required to obtain a licence under this act:provided also that the damodar valley corporation, established under sub-section (1) of section 3 of the damodar valley corporation act, 1948 (14 of 1948), shall be deemed to be a licensee under this act but shall not be required to obtain a licence under this act and the provisions of the damodar valley corporation act, 1948, in so far as they are .....
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