Court : Gujarat
Decided on : Feb-21-2003
Reported in : AIR2003Guj294; (2004)1GLR506
..... factum of death of the principal during the pendency of the suit cannot lead to the termination of the agency. the necessary ingredients required under section 202 of the contract act so as to hold that the agency could not be terminated in the facts of the present case are, therefore, clearly established and we ..... in these circumstances, the learned district munsif came to the correct conclusion following the observations in iswarayya v. kurubasubbanna : air1934mad637 'no doubt, under section 47 of the registration act once a document is registered the effect begins to commence from the date of executions. but if the document is not registered it can never have ..... as under :'the ratio of the decisions cited above indicates the following propositions of law though with reference to particular cases.(i) provision of section 47 of the registration act will apply where the successive transfers relate to the same property and there is no contest against any third party.(ii) when the right of .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-26-2003
Reported in : 2003CriLJ5070; (2003)4GLR916
..... as special case no. 122 of 1994. alongwith the complaint, list of documents like panchnama, seizure report under section 57 of the ndps act, statements recorded under section 67 of the ndps act and section 108 of the customs act, arrest report, inventory report and fsl report, was also produced.2.5. the learned special judge, on the ..... of sample, handing over of the goods by bsf officers to customs authorities and the statements of the accused recorded under section 67 of the ndps act and section 108 of he customs act which were voluntary and genuine in nature, recorded without any threat, coercion, duress or undue influence which were never retracted by ..... basis of the inquiry papers. in cross-examination he unequivocally stated that he had explained the accused about the provisions of section 108 of the customs act and section 67 of the ndps act before recording their statements. it may be appreciated that nothing substantial has been brought out by the defence during cross-examination .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-27-2003
Reported in : [2003]131STC298(Guj)
..... are giving an opportunity of hearing to the dealer. (ii) as per the judgment of this court in the case of prabhat solvent which is under section 42 of the local act, time-limit is not over and there is already matter pending in the court and as per the judgment in the case of prabhat solvent, assessment proceedings ..... the first proviso or any period during which assessment proceedings are stayed by an order or injunction of any court or authority shall be excluded.' 2.3. section 44 of the local act provides for reassessment of turnover escaping assessment. 2.3a. government of gujarat also enacted rules called gujarat sales tax rules, 1970. rule 37-a of the ..... honourable apex court.2.15. the second respondent by his order dated march 17, 1997 rejected all the contentions of the petitioner and passed orders under section 42(1) of the local act extending time for making assessment as per the various show cause notices. in the said order the second respondent, i.e., the deputy commissioner of .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-03-2003
Reported in : 2004CriLJ465; (2003)2GLR1261
..... the petitioner in the alleged offence. in such circumstances, if serious and heinous offence as has been disclosed against the petitioner and looking to the sentence provided under section 399 of i.p.c. and the fact that the petitioner is residing outside gujarat state, in my opinion, if the petitioner-accused is placed in the ..... crime. but this fact can be examined and ascertained by the trial court at the time of trial. in respect of the submission that allegations of offence under section 399 of i.p.c. is not correctly disclosed against the petitioner-accused, this court would like to obverse at this juncture that the remedy of discharge ..... to emphasis this contention, learned advocate mr. majmudar has read over the definition of 'dacoity' and provisions of section 399 of i.p.c. before this court. mr. majmudar has also read over section 25(1) of the bombay arms act. learned advocate mr. majmudar has also submitted that there are only statements of the police officers more than three .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-04-2003
Reported in : AIR2003Guj275; (2003)2GLR926; (2003)2PLR926; [2003]46SCL118(Guj)
..... the division bench of this court in the trade and merchandise marks rules, 1959 cannot take away the right of appeal conferred by sub-section (5) of section 109 of the t.m. act. as per the settled legal position, the delegated legislation such as rules under a statute contain procedural or machinery provisions, and therefore, the ..... practitioner before a labour court or tribunal except with the consent of the other parties and with the leave of the labour court or tribunal. section 30 of the advocates act, 1961 provides that every advocate shall be entitled as of right to practise in all courts and before any tribunal. there is, therefore, an ..... the high court. for instance, an order passed by a single judge or a larger bench under section 39 of the arbitration act, 1940 or section 202 of the companies act and other similar local or special acts. if these special acts could, without affecting the jurisdiction of the letters patent or overriding the same, provide a supplementary or additional .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-04-2003
Reported in : (2003)2GLR1522
..... and remanded the matter to the tribunal for deciding the question whether the word 'person' includes 'association of persons' and in absence of an application under section 8 of the ceiling act, the appellants are entitled to different units.2.6 the appellants were of the view that the remand was uncalled for, and therefore, submitted misc. ..... been decided by the court with reference to the statutory provisions and decided cases, if any. further, the question whether in absence of an application under section 8 of the ceiling act, the appellants would be entitled to different units is also a pure question of law and depends upon the answer to the question whether the word ..... to be one between firms, a hindu undivided family business and an individual as a firm required registration. it was noticed that the word 'persons' in section 4 of the partnership act contemplated only natural or artificial i.e. legal persons and a firm is not a 'person'. therefore, it has been held that to import the .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-04-2003
Reported in : AIR2003Guj214; (2003)1GLR745
..... and (2) whether a councillor, even if elected as a member of a committee, should be treated as a councillor alone for the purposes of section 37 of the act as section 37 of the act does not recognise a chairman or a member of any committee as a separate class.2. in order to answer the above-referred to issues, it ..... guilty of misconduct in the discharge of his duties or of any disgraceful conduct, or has become incapable of performing his duties as a councillor.'whereas section 23, sub-section (7) of the said act, which dealt with office of president and vice-president inter alia was as under :'...every president and every vice-president shall be removable from his ..... the division bench which decided the case of chimanbhai r. patel (supra) and the decision is rendered on the basis of the language of section 37 of the act and section 49(1) of the gujarat panchayats act, 1961.5.1 under the circumstances, the view taken by the division bench in the case of chimanbhai r. patel (supra) to the .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-04-2003
Reported in : AIR2003Guj205; (2003)1GLR817
..... decisions referred to hereinabove.17. upon a review of the aforesaid authorities, the following legal position and principles emerge :-(i) the proviso to clause (c) of section 58 was added by act 20 of 1929 so as to set at rest the conflict of decisions on the question whether the condition relating to reconveyance contained in a separate document could ..... but it was by itself a document of ostensible conditional sale. hence, we hold that the document exh. 65 is not hit by the proviso to section 58(c) of the transfer of property act.19. once, the above conclusion is reached, we have to apply the principles laid down by the constitution bench in chunchun jha v. ebadat ali, ..... or would it remain to be a document of mortgage by conditional sale as there is no separate document as stipulated by the proviso to section 58(c) of the transfer of property act.'2. the learned single judge before whom the second appeal was placed for hearing has observed in his order of reference that the question about .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-05-2003
Reported in : (2003)2GLR1066
..... safibhai, reported in : [1964]5scr157 will be a useful guide though the case which the apex court dealt with was under the bombay rent act, revision was permissible under section 29 of the said act. the supreme court in paras 15 and 16 of the decision observed as under : '15. the question which then arises : had the high ..... so as to consider whether it related to the main object of the society or touching its business. this court further observed that the expression 'touching' in section 167 of the act would mean, 'concerning'. if the question was regarding dispute between the member of the co-operative bank and the registered society with main objects of it, ..... precedes the term 'dispute' indicates that each and every dispute which touches the constitution, management or business of the society is covered by the provisions of section 96(1) of the act. this decision was relied upon to advance a contention that what type of dispute is covered by 'touching of business of the society'. 6.3 in .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-11-2003
Reported in : (2003)2GLR1281
..... to the knowledge of the original petitioner-board that whatever stated by the respondent-workman in his affidavit is not true and only to get benefit of section 17b of act, a false affidavit with respect to his unemployment is filed by him. it is further averred that the respondent actually is running his auto rickshaw ..... in any other establishment and receiving adequate remuneration from the employer and even though claiming last drawn wages from the old employer and that is how section 17b of the act has been enacted with a clear object that if the workman remains unemployed during such period, then workman is entitled to last drawn wages inclusive ..... in my view, therefore, simply because the petitioner is having some agricultural land or is cultivating the land, is no ground for denying him benefit of section 17b of the act, especially when the government has failed to show that the respondent is in employment of particular employer.' 15. in view of the observations made by the various .....
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