Court : Gujarat
Decided on : Jul-11-2003
Reported in : AIR2004Guj150
..... a plurality of persons creates a joint tenancy with a right of survivorship, unless there are words of severance. this principle is adopted in section 106 of the indian succession act, 1952, replacing section 93 of the indian succession act, 1865; and a joint tenancy has been recognized in a gift by will of an indian christian, parsee, and muslim.the hindu rule ..... in the property, would apply in the case of a joint account under the monthly income scheme rules also. as far as immoveable property is concerned, section 45 of the transfer of property act, 1882 provides that in the absence of evidence as to the interests in the fund to which they were respectively entitled, or as to the shares which ..... be in favour of a tenancy in common (mahamed jusali vs. fatimabai (1948) bom 53, 49 bom lr 505, air 1949 bom 33 [vide mulla's transfer of property act, 9th ed. page 340].in any view of the matter, since rule 4 stipulated at the relevant time the upper limit of rs.2,04,000/- for a single account .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-08-2003
Reported in : (2003)3GLR2616
..... of the petitioner. it can also be seen that though the revisional authority was alive to the definition of the term 'land' under subsec.(17) of sec.2 of the act, it erred while coming to the final conclusion. it committed error possibly because of the revisional authority without appreciating the evidence on record was pleased to make ..... the facts that the land is 'kotar land' and is not capable of being used for agricultural purposes and hence the notice issued under subsection (1) of section 20 of the act was cancelled. he submitted that the question is in a very narrow compass. if a part of the land of the petitioner has become 'kotar land' ..... gunthas is declared as surplus. the assistant collector, vadodara did consider the contentions raised on behalf of the petitioner that under the act, the term 'land' is defined in subsection (17) of section 2 of the act. according to that definition, 'the land is the one which is used or capable of being used for agricultural purpose and includes .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-04-2003
Reported in : (2003)3GLR1899
..... the powers flowing from the code and especially from sections 437/439.77.2 the phraseology of sub-section (4) of section 34 indicates, indirectly two contingencies : (i) where an accused is found guilty of the offence punishable under the i.p.c. or any other law such as arms act, explosives act etc. but has been acquitted by the very judgment of ..... not found acceptable because it does not take care of the fact situation if the same judge/court would have been appointed under section 23 to act as a judge/court competent to try the cases of offence punishable under p.o.t.a.77.1 it is decided by the apex court in more ..... bail so that the presiding judge of special court can appreciate the case of the prosecution in the light of all relevant provisions and the restrictions imposed under section 49 of the act. if this submission is accepted, then the resultant effect would be of relegation of the petitioners-accused to special court for bail afresh. this submission is .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-03-2003
Reported in : [2004]50SCL594(Guj)
..... over the vacant and peaceful possession of the premises to the landlords. in the appeal arising from the said claim, the hon'ble supreme court held that section 457 of the act enables the liquidator, with the sanction of the court, amongst others, to carry on the business of the company so far as maybe necessary for the beneficial ..... exh.19 is inoperative in law because, though it is compulsorily registerable, it has not been registered, it certainly gives rise to a presumption under section 106 of the transfer of property act that the relationship which was established between the parties was that of landlord and tenant and that it was a monthly tenancy.'18. if this ..... period is a valuable asset of the company, which can be sold or assigned. i am afraid, i am unable to agree with this contention. section 107 of the transfer of property act, 1882 provides, inter-alia, that lease of an immovable property for any term exceeding one year can be made only by a registered instrument. such .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-26-2003
Reported in : (2004)1GLR906
..... be aggrieved parties which would grant them right to prefer an appeal. for this purpose attention was invited to the provisions of section 32g of the act read with section 32h as well as section 43 of the act and it was contended that the order in tenancy case no. 5/71 granted benefit to the respondents as the respondents ..... the public notice and the individual notices are required to specify the date on which the said parties shall appear before the mamlatdar & alt. sub-section (2) of section 32g of the act lays down the mode and manner in which the statement of the tenant is to be recorded by mamlatdar & alt regarding willingness or otherwise to purchase ..... issued by the mamlatdar & alt. if the reasoning of the deputy collector and the tribunal is correct then phrase 'as far as practicable' in sub-section (1) of section 32g of the act becomes redundant and otiose. the statute does not mandate the service of individual notice to other persons once the public notice is issued. the phrase ' .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-26-2003
Reported in : [2004(101)FLR536]; (2004)1GLR160
..... forum. 4. mr.j.r.nanavati also invited the attention of the court to the definition of the term, 'university employee', in clause (g) of section 2 of the act, which reads as under : (g) 'university employee' means any member of the teaching, other academic and non-teaching staff of a university (whether confirmed ..... dispute between the university and its employee. 5. mr.j.r.nanavati, learned advocate, submitted that the term, 'industry', is defined in clause-(j) of section 2 of the industrial disputes act, 1947, which reads as under : 'industry means any business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment, handicraft, ..... court was barred, as the relief sought for by the plaintiffs-appellants in their civil suits came within the ambit of 'industrial dispute' under section 2(k) of the industrial disputes act, 1947'. it was held that, 'the jurisdiction of the civil court was impliedly barred in these cases, having regard to the relief .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-20-2003
Reported in : (2003)184CTR(Guj)312
..... mr. akil qureshi, learned counsel appearing on behalf of the revenue has submitted that only question that was brought before the court was applicability of section 4qa(2) of the act and it was not possible to take into consideration any other aspect of the matter, including various findings recorded by the tribunal as regards the transaction ..... empowered to function as a 'super commissioner' by stating that though the order was incorrect yet it was correct to the extent of applicability of section 40a(2) of the act, because according to the tribunal the arrangement was irrational and unreasonable and that there was no proper basis for the terms stated in the dissolution ..... legitimate business needs of the assessee.37. both the cit and the tribunal have not even cared to take into consideration that the provisions of section 40a(2) of the act stipulate that ito has to arrive at opinion that the expenditure is excessive or unreasonable, having regard to :(a) fair market value of the goods .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-20-2003
Reported in : II(2004)ACC214; 2004ACJ172; AIR2003Guj327; (2003)3GLR2018
..... cases where an application for permission is erroneously rejected the insurer can challenge only that part of the order while filing appeal on grounds specified in sub-section (2) of section 149 of the act. but such application for permission has to be bona fide and filed at the stage when the insured is required to lead his evidence. so ..... nos 911 and 1055 of 1992 are not maintainable, as the insurance company had not made any application, and the tribunal had not passed any order, under section 170 of the act for permitting the insurance company to avail the grounds available to an insured or to the driver. both the civil applications are accordingly allowed. rule is made ..... statutory defence was available to the insurance company. it is true that respondent i was allowed to contest on merits despite not following the procedure laid down under section 170 of the act, and as a result the compensation claim of rs. 2,60,000/- was not granted in full and only rs. 1,05,000/- was granted to .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-19-2003
Reported in : AIR2004Guj26; (2003)3GLR2234
..... be referred to the authority whose decision thereon shall be final. 'authority' has been defined under sub-section (1) of section (2) of the supply act. 'authority' means central electricity authority constituted under section 3. section 3 requires that the central government shall constitute a body called the central electricity authority generally to exercise such ..... which may be injurious to and against the interest of the society, even against law and mere notification of such regulation framed under section 79 of the supply act in the official gazette for the enforcement of such regulation is not sufficient, but such regulation should be approved by the state legislature, ..... accumulation of arrears in lacs and lacs even in crores without resorting to recover either by disconnection of the supply of energy under section 24 of the supply act or by requiring additional security from the consumer or by instituting legal proceedings against the consumer, the board is responsible for its own .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-19-2003
Reported in : III(2004)ACC260
..... of new india assurance co. ltd. v. c.m. jaya : [2002]1scr298 , that the liability of the insurer before amendment in 1988 was limited as provided in section 95 of the act. no doubt, it was open to make wider coverage by making payment of additional or higher premium. so is not the case before us. however, it is certain ..... law.contention no. 1 with regard to liability:6. in our opinion, after having seen the copy of the policy and examining the provisions of section 95(2) of the then applicable motor vehicles act, 1939, the policy produced at exh. 25 and proved in the evidence of the divisional manager of the insurance company, we are of the clear ..... company it has been contended that the liability of the insurance company was limited to the extent of rs. 1,50,000/- as the insurance covered was under an act policy.(2) on behalf of the original applicants, it has been contended that the amount of compensation awarded by the tribunal is grossly inadequate and highly unreasonable requiring upward .....
Tag this Judgment!