Court : Gujarat
Reported in : (1992)1GLR503
..... that outgoing councillors in the absence of entry of administrator in the field will continue to enjoy deemed extension of their term till duly elected councillors take over as per section 6(1) read with section 6(2) and they will be treated to be full-fledged councillors entitled to exercise all the powers and discharge all the duties as such as duly elected councillors under the act and they will be entitled to take all decisions including policy decisions within legally permissible ..... section 6(1) second part so far as the present act is concerned, we do not find such fetter on the part of the state while ordering extension and still in that light, the full bench laid down in para 17 certain circumstances under which extension may not be given and which may require as changed circumstances, appointment of administrator under section 48a:may be law and order situation is such that the councillors elected are unable to meet and manage the affairs ..... of the council, may be there is an external threat or internal unrest in which it is not expedient to continue the elected body and it is necessary to have an administrator to head the council, may .....
Tag this Judgment!Court : Gujarat
Reported in : (1978)19GLR467
..... corresponding taxes in force in the newly included area immediately before such day and since, in the instant case, there were no taxes levied by any local authority in the factory area of the petitioner prior to january 15, 1976, the provisions of ' clause (x) were inapplicable:(3) before issuing an order under section 266(1), the first respondent was bound to afford to the petitioner an opportunity of being heard and since no such opportunity was afforded, ..... commencement of all or any appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules, bye-laws or forms made, issued, imposed or granted under the act by, or in respect of, any existing municipality and in force within its area immediately before the appointed day, to and in all or any of the other areas of the successor borough municipality such extension and commencement will be made in supersession of corresponding appointments, notifications, notices, taxes, orders, schemes, licences, permissions ..... . it would thus appear that upon the declaration of the result of a general election, each municipality is deemed to be duly constituted and it might be possible to say, therefore, that the newly elected, councillors constitute the successor municipality, as contra-distinguished from the previously existing municipality constituted of the ..... sub-section (5) provides that subject to the provisions of the act, an election shall be held in accordance with the rules made by the state government in .....
Tag this Judgment!Court : Gujarat
Reported in : (1976)17GLR583
..... shall vest in a committee, constituted in this act the rules and by-laws, which shall exercise such powers or such duties as may be conferred or imposed on it respectively by this act, the rules and the bye-laws.whereas section 74 makes an express reference to the act, the rules and the under section 31 of the andhra pradesh act makes a clear reference to the rule when it states in sub-section (3) that the election of the members of he committee shall be held ..... final conclusion which he has recorded on the question is as follows:therefore, even after examining various provisions of the guajrat co-operative societies act, the conclusion is inescapable that the bye-laws of a society registered under the act are not statutory in character and have no force of law and they are on par with the articles of association and they constitute a contract between the members and the society.having taken that ..... whereas sub-section (7) of section 28 merely states that the voting rights of members of a federal society shall be regulated by the rules and by the bye-laws of the society, section 25 of the andhra pradesh act itself provides for the manner of exercise of his vote by a member of the committee, for resolving a tie where it is created by equality of votes on both the sides and for the manner of voting by a society which ..... writing direct that the term of office of that committee shall extend upto such time as such election is held, which extension shall not ordinarily exceed one year. .....
Tag this Judgment!Court : Gujarat
Reported in : [2006]72SCL423(Guj)
..... . a landlord may apply to the rent control court for an order directing the tenant to put the landlord in possession of the building,(i) if the tenant after the commencement of this act, without the consent of the landlord, transfers his right under the lease or sub-lets the entire building or any portion thereof if the lease does not confer on him any right to do so; provided....a perusal of ..... . in context with the above, we find our view reinforced on the meaning and import of the word 'consent' as used in clause (i), sub-section (4) of section 11 of the act when read in the background of the word 'confer' in the latter part it will only mean that consent has to be with some positive action on the part of the landlord so that the tenant can be said to ..... it was further stated that due to the unavoidable situation and the by-election in the state the proposal of the company could not be considered.2.4 on 19th february, 2002 a.a.i.f.r ..... . in the order itself, it is stated that no extension of time beyond sixty days shall be granted and that non-receipt of any response within the prescribed period of sixty days shall be treated as deemed ..... . ramanatha aiyar's advanced law lexicon, volume 1, a-c, 2005, which reads as under:'consent' is an act of reason, accompanied with deliberation, the mind weighing, as in a balance, the good and evil on each side' (story, section 222 ..... granted last extension for submitting modified scheme, but the same could not be presented, as a result of which the .....
Tag this Judgment!Court : Gujarat
Reported in : 2002ACJ780; (2001)3GLR2528
..... be stated that english fatal accidents act, 1846 was consolidated and amended and new act came into force as a wrongful death statute and known as fatal accident act, 1976. ..... for example, legislation in ontario requires a driver in collision with pedestrian to prove that he was not negligent, and at common law, a bailee though he is only liable, in the absence of a special contract, for negligence, must show that the loss of or damage to goods in his care was not attributable to fault on ..... since the proposition of law considering the future income is extensively explored and very well propounded in number of decisions by the hon'ble apex court, it would, hardly, detain us any longer on ..... after having, extensively, examined the testimonial collection and documentary evidence and having heard the elaborate and marathon submissions, in this group of 10 appeals, before, we discuss, determine and adjudicate upon the controversies raised relating to the negligence and the amount of compensation, in the realm of law of tort, following inevitable aspects, ought to be considered and ..... this aspect, which is also one of the important salient and basic aspects of law of tort, is required to be considered for arriving at a consolidated amount of compensation for the assessment of the damages arising out of vehicular ..... a man need not possess the highest expert skill : it is well established law that it is sufficient if he exercises the ordinary skill of an ordinary competent man exercising that .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)1GLR558
..... in the preamble to the said act, it is stated that an act to consolidate and amend the law relating to the making and execution of development plans and town planning in the state of gujarat in exercise of the powers conferred by section 3 of the gujarat state legislature (delegation of powers) act, 1976, the president is pleased to ..... or the authorized officer in the draft development plan are of an extensive or of a substantial nature, the said authority shall publish the modifications in the official gazette once again calling for objections within the prescribed period of two months and provisions of section 14 shall apply in relation to such objections and suggestions also.17.5 sub-section (1) of section 16 of the said act provides for submission of the draft development plan to the state ..... of sub-section (1) of section 17 of the said act makes it abundantly clear that upon receipt of the draft development plan from the area development authority, the state government has ample power to carry out extensive modifications in the draft development plan ..... . the act of 1915 provided for framing of schemes in order to see that extension areas of towns and cities under process of development should be laid out physically in an orderly manner with as far as possible rectangular plots, with provisions of all services such as road, lighting, drains, sewers, ..... the division bench of this court in the case of palitana sugar mills (supra) was read and re-read extensively before me. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1993Guj53
..... in sub-section (1) is not acquired by agreement within a period of ten years from the date of the coming into force of the final development plan or if proceedings under the land acquisition act, 1894 are not commenced within such period, the owner or any person interested in the land may serve a notice on the authority concerned requiring it to acquire the land and if within six months ..... are given to certain authorities, the exercise whereof may make serious inroads into the rights of properties of private individuals, there was any guidance to be collected from the act itself, its object and its provisions, in the light or the surrounding circumstances which made the legislation necessary, taken in conjunction with well known facts of which the court might take ..... to effect the acquisiton by mutual agreement with the petitioners or to take a decisive action in respect of the petitioners' lands under the provisions of urban land (ceiling & regulation) act, 1976, within a period of six months from the receipt of the writ of this court. ..... of union and state or local authority or any other authority or body established by or under any law for the time being in force and proposal for designation, the use of the land for residential, industrial, commercial or agricultural purposes.under section 20 of the gujarat town planning act, the area development authority or any other authority for whose purpose the land is designated in final development ..... (khokhra mehmedabad extension) no. .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)1GLR888
..... petitioners that the land which was designated and reserved for specified purposes under above mentioned clauses of section 12(2) and has not been acquired under the land acquisition act or any agreement with the land owner and its reservation/designation has lapsed, the same land by including it in the town planning scheme under the impugned clause ..... -section (1) is not acquired by agreement within a period of ten years from the date of the coming into force of the final development plan or if proceedings under the land acquisition act, 1894 (i) of 1894, are not commenced within such period, (he owner or any person interested in the land may serve a notice on the authority concerned requiring it to acquire the ..... the legislative competence of bombay town planning act, 1954 which is predecessor of the parent act of 1976 came to be challenged on the basis of legislative competence ..... existing on the date of declaration of intention- to prepare a scheme and not on the date of proposed acquisition of the property in accordance with the land acquisition act, it cannot be held that the compensation paid is illusory and the law is unreasonable resulting in infringement of constitutional right of the land owner guaranteed under article 300a of the constitution.24. ..... , lay out of new streets or roads, construction, diversion, extension, alteration, improvement and closing up of streets and roads and discontinuance of communications; the allotment or reservation of land for roads, open spaces, .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)2GLR1029
..... the context otherwise requires,-(a) sarea development authority means the authority constituted under section 5 of the gujarat town planning and urban development act, 1976 (hereinafter in this section referred to as sthe gujarat act);(b) xxx xxx xxx xxx(c) designated authority means the commissioner, the area development authority or, as the case may be, urban development authority; (d) xxx xxx xxx xxx(e) development area shall have the meaning assigned to it in ..... time before the 22nd november, 2000 requiring such person to remove or pull down or alter unauthorised development carried out, owned or occupied by him; or(b) any order issued or decision taken under the relevant law at any time before the 28th april, 2001, the date on which the gujarat regularisation of unauthorised development ordinance, 2001 was first published, directing removal or pulling down or alteration of unauthorised development carried out, owned or ..... 1 by notification dated 2nd june, 2003 granted last extension and extended the time limit for issuance/service of notice under section 3 sub-section (2) of the act upto 3rd september 2003. 12.1. ..... this stand has been taken by them in view of the extension of the time limit prescribed for issuing notice under section 3(2)(a) of the act, only upto september 2003. ..... he has also produced notification showing the last extension which is dated 2nd june, 2003 extending the period prescribed for issuance of notice under section 3(2) of the act upto 3rd september, 2003. .....
Tag this Judgment!Court : Gujarat
Reported in : [2009]90SCL1(Guj)
..... in the said memorandum though oral assent and consent was given on 18-1-1982 to hold and retain title deeds deposited on 13-10-1982 dife to pro vision, of the urban land (ceiling & regulation) act, 1976 being applicable, permission was required for creating the mortgage and memorandum though executed on 19-1-1983 was registered by the sub-registrar of assurances on 19-7-1987 after the additional collector granted permission undeu the provisions ..... the determination of the lease, the lessee is bound to put the lessor into possession of the property, and held that on a conjoint reading of section 108(q) read with section 111(a) of the transfer of property act, it becomes obvious that under the law, the erstwhile landlord is entitled to base his cause of action on the statutory obligation of the erstwhile lessee on determination of the lease to put the lessor in possession of the property. ..... : air1997cal278 , wherein it held that if the lease determined by efflux of time of 15 years then the question of extension or renewal for another 15 years will not arise. ..... declared by the company on 18-6-1985 that the title deeds listed in first schedule to'the memorandum of extension of equitable mortgage were deposited by constructive delivery as security. ..... therefore, in such a case of lease containing renewal or extension clause, the period does not remain limited to the initial period only but it breaks the limit to further flow for another term and the lease in such a case does not determine .....
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