Court : Gujarat
Decided on : Mar-26-1973
Reported in : (1974)15GLR603
..... , if such tenant is a permanent tenant thereof or protected tenant and tried landlord has not given notice of termination of his tenancy under section 31, or under section 14 of the act. under section 32g, the tribunal shall publish or cause to be published a public notice in the prescribed form in each, village within its jurisdiction calling ..... had no jurisdiction to deal with the question whether the appellant was or was not a tenant of the land is plainly belied by the terms of section 32 of the act. under section 32 only a 'tenant' is deemed to have purchased the land from his landlord on april 1, 1957. the agricultural lands tribunal had therefore ..... to determine in the first instance whether the claimant was a tenant in respect of the land. it is true it at under section 70 of the act, jurisdiction to determine whether a person is a tenant or a protected tenant, is conferred upon the mamlatdar, and that provision by implication excludes the jurisdiction .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-17-1973
Reported in : (1974)15GLR675
..... both the sides. the question, however, is whether the present petitioner could be said to have not performed other conditions of the tenancy as mentioned in section 12(1) of the act. as already stated earlier, there is no evidence to show what were the terms and conditions of the tenancy before the trial court. assuming that the ..... lessee disclaimed the title of the lessor, the lessor will be within his right to claim forfeiture. the estoppel which is created against the tenant is under section 116 of the evidence act referred to earlier. thus, if during the continuance of the tenancy, the tenant is estopped from denying the ownership of the landlord, and if he did ..... be entitled to the benefit of all the terms and conditions of the original contract of tenancy. this provision is non-existent in section 18(1) of the rent act. under section 12(1) of the rent act, therefore, the statutory tenant is not entitled to the benefit of any terms and conditions of the original contract of tenancy in .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-02-1973
Reported in : (1975)16GLR357
..... or more partners is joint or several liability of each all of the partners. the analogy advanced by mr. shah clearly militates against the provisions of section 25 of the indian partnership act and cannot, therefore, be accepted.14. the next argument which mr. shah has raised before me is that rule 443 is penal in character and ..... mills. that proposition submitted by mr. shah is quite correct. however, the liability of a partner must be determined in light of the provisions of section 25 of the indian partnership act to which i have referred earlier. it may be noted at this stage that the petitioner has not ceased to be a partner of shakti oil ..... be exercised again.5. in order to examine the first contention raised by mr. suresh m. shah, it is necessary to turn to the indian telegraph act, 1885, and the rules made thereunder. section 3(1) defines the expression 'telegraph' so as to mean 'any appliance, instrument, material or apparatus used or capable of use for transmission or reception .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-11-1973
Reported in : (1974)15GLR7
..... earlier executive instructions of the government of india.6. the commission is the creature of the oil and natural gas commission act, 1959. section 12 makes provision for the staff of the commission and section 12(2) provides that the functions and the terms and conditions of service of such employees shall be such as ..... government in the official government gazette, which are not inconsistent with the act and the rules made thereunder for enabling it to discharge its functions under the act. section 32(2) provides that in particular and without prejudice to the generality of the foregone provision such regulations may ..... may be provided by regulations made under this act. section 31(1) enables the central government to make rules to give effect to the provisions of the act. section 32(1) gives power to the commission to make regulations with the previous approval of the central .....
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