Court : Gujarat
Decided on : Aug-27-1973
Reported in : AIR1975Guj76; (1975)0GLR53
..... defend. it will be observed that j. m. sheth, j. did allow the revision and did interfere in exercise of provisional jurisdiction of the higah court under section 115 of the civil procedure code in that case upon forming the opinion as stated earlier view therefore is that the provisional jurisdiction of the high court can be invoked under those ..... and that the learned trial judge had jurisdiction to pass the order in his discretion. in this view of the matter v. r. shah, j. refused to act in exercise of the provisional jurisdiction notwithstanding the fact that the learned judge was firmly of the opinion that a tribal issue was raised. the learned judge sought support ..... on a consideration of the plaint and affidavits may be correct or incorrect; it may even be whole wrong. that is not a matter into which this court acting in exercise of its provisional jurisdiction can enter.'in our opinion these observations refer to the nature of the condition imposed by the learned trial judge and not to .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-24-1973
Reported in : [1976]46CompCas203(Guj); (1974)0GLR810
..... -sheet of the transferor-company and the affidavit would contain express statement that no investigation is pending against the transferor-company either under section 235 or any other section of the companies act. it would thus appear that the statutory provisions have been properly complied with. 34. the report of the chairman shows that at ..... weaving mills ltd. is under the same management as bhor industries pvt. ltd. or that they are under the same management within the meaning of section 370 of the companies act. as a necessary corollary, while finding out the value of the total assets of the dominant undertaking, namely, bhor industries pvt. ltd. and ..... for advertising the petition is various newspapers and for serving notice on the regional director, company law board, western region, bombay, as required by section 394a of the companies act. mr. i. m. nanavati, learned advocate who appeared for the petitioner, has filed his affidavit stating therein that he has not received any notice .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-17-1973
Reported in : (1974)15GLR842
..... a statutory tenant, the question which arises to be considered in this case is how far this position affects the rights of the petitioner to claim protection under section 12 of the rent act.13. the above referred decision of the supreme court makes it clear that after the determination of the tenancy rights of the head tenant on 24th october, ..... parties it is obvious that there is no certainty as regards the period of lease. therefore, such leases do not fall under the definition contemplated by section 105 of the transfer of property act.8. having thus found that the tenancy created in favour of the opponent no. 7 was a tenancy at will the question which next arises to ..... court in k.r. manicka mudaliar v. t. chinnappa mudaliyar i.l.r. 36 madras 557.7. in this connection it should be noticed that section 105 of the transfer of property act defines lease as a transfer of right to enjoy immoveable property for a certain time which is expressed or implied in consideration of a price paid or .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-16-1973
Reported in : (1974)15GLR322
..... air1955cal371 taking a view against the postal department. however, the reasons given in the calcutta decision are entirely different. the decision says that loss contemplated by section 6 of the act does not mean pecuniary or other loss by the owner of the goods though being wrongfully deprived of the possession or enjoyment thereof but means loss by the ..... of this chapter, any loss etc. occurs, that would be the result of an exercise of a legitimate function under the provisions of the act. in such a case section 6 of the act saves the government from liability arising from the loss or damage in question. to give another illustration, if an article is damaged or destroyed ..... the course of transit.6. before taking up the contentious point for my consideration it would be necessary to refer to the relevant provisions of law. section 6 of the act the provisions of which are required to be interpreted is in the following terms:the government shall not incur any liability by reason of the loss, .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-08-1973
Reported in : AIR1975Guj158; (1974)GLR758
..... of proof with respect to establishing facts including want of reasonable excuse is on the petitioner while the burden of proof with respect to defence available under section 9(2) of the act, and which have been raised is on the defending spouse. with greatest respect, it would have become necessary to refer this matter to a larger bench ..... mohanlal, second appeal no, 760 of 1964 decided on 25th june 1969 (guj.), in which it was observed that while dealing with a petition under section 9(1) of the hindu marriage act, it is the duty of the court first to decide whether the defending spouse has with drawn from the society of the aggrieved spouse without any ..... from which the present appeal arises was instituted on 3rd january, 1968. wife has not stepped into the witness box to substantiate her allegations.6. section 9 of the hindu marriage act provides that either the husband or the wife can present a petition for a decree for restitution of conjugal rights, if it is shown that the defending .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-27-1973
Reported in : (1974)15GLR293
..... the word 'apprentice' negatives such interpretation which is tried to be given by the learned assistant government pleader. 'apprentices, has been defined in the apprentices act, 1961. section 2(a) states-'apprentice means a person who is undergoing apprenticeship training in a designated trade in pursuance of a contract of apprenticeship.' in the instant case ..... but merely because he was governed by the railway code, it cannot be said that he become an employee of the railway administration. section 3(7) of the indian railways act defines a 'railway servant'. a railway servant means any person employed by the railway administration in connection with the service of railways. in ..... maintainer is not shown as a designated trade and, therefore, the definition of apprentice given in the act would not be material for the purpose of considering whether the petitioner had committed an offence punishable under section 168 of the indian penal code. i am unable to agree with the submissions made by mr. .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-13-1973
Reported in : (1974)15GLR250
..... reference to this court.4. mr. viresh c desai, learned advocate for the applicants invited my attention to the definition of a trader, commission agent and relevant sections of the act under which a licence is required for operating in the market area. he also referred to the relevant rules particularly rules 45, 56 and 62 framed by ..... but enters into transactions of purchase or sale through a commission agent who held a licence, he could not be said to have committed any offence either under section 6 or section 8 of the act. mr. desai, therefore, urged that the reference made by the learned judge below should be accepted.5. mr. s.k. zaveri, learned advocate for ..... said that another licence would be required by the trader residing outside the market area? in my opinion, if such a interpretation is put on section 8 read with section 27 of the act, there would be unnecessary restriction on the trade as such. market areas are declared in almost all important centres of business in the state. if .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-05-1973
Reported in : (1974)0GLR513; [1973]32STC527(Guj)
..... by the purchaser within the prescribed period.' 3. the turnover is thus the aggregate of the amounts of the sale price. the expression 'sale price' is defined in section 2(29) of the act and the same is as follows : '2. (29) 'sale price' means the amounts of valuable consideration paid or payable to a dealer for any sale made ..... year 2024 ?' 2. now, the sales tax that is charged in this state is recovered on the basis of the turnover of sales of a dealer. section 2(36) of the act defines the expression 'turnover of sales' and the said definition is as follows : '2. (36) 'turnover of sales' means the aggregate of the amounts of sale ..... has referred the following question to us : 'whether, on the facts and in the circumstances of the case, on correct interpretation of clause (29) of section 2 of the bombay sales tax act, 1959, postage, trunk-call charges and bank charges included in sale bills should not be added to the turnover of sales of the opponent effected during samvat .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-28-1973
Reported in : [1975]100ITR297(Guj)
..... in our case was directly involved in gartside's case. 61. at this stage it would be proper to quite the two relevant section, namely, section 2(1)(b) and section 7(7) of the english act, i.e., the finance act of 1894. they are as under : '2. (1) property passing on the death of the deceased shall be deemed to ..... to be considered is whether any property of the deceased in the goodwill of the firm can be said to have passed on his death either under section 5 or under section 7 of the act in view of the stipulations contained in clause (10) of the partnership agreement. 28. before considering this question it is necessary to have some ..... he further contended that, on account of the dissolution of the firm resulting from the death of a partner, new rights come into existence as provided by section 46 of the partnership act in favour of his legal representative. according to shri pathak, therefore, extinguishment of the deceased partners and emergence of new rights in favour of his legal .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-28-1973
Reported in : [1974]34STC13(Guj)
..... referred to us, therefore, is answered in the negative. 12. we will now come to the second question which has been referred to us. sub-section (7) of section 14 of the central sales tax act, 1956, refers to rayon and artificial silk fabrics and defines the said article. it adopts or incorporates the definition of the article as given in ..... was whether 5 yards pieces and 3 yards pieces of malmal and voil cloth fall within entry 15 of schedule a or entry 3(i) of schedule e section 5 of the act also came for interpretation of the court. while considering the said question, the court observed as follows : 'the question that falls for our determination is whether ..... which zalars, that is, borders are attached by stitching them to saris after the process of manufacture are art silk fabrics within the meaning of sub-section (7) of section 14 of the central sales tax act, 1956 (3) if the answer to the second question is in the affirmative, whether, on the facts and in the circumstances of the case .....
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