Court : Gujarat
Decided on : Dec-18-2006
Reported in : AIR2007Guj123
..... not defined. however, if the meaning of the words 'irrigated land' is to be traced, the reference can be made to the gujarat agricultural lands ceiling act, 1960, wherein as per section 2(6) while distinguishing the classes of lands, there are also classes of perennially irrigated land and seasonally irrigated land. the words 'perennially irrigated land refers ..... officer, the same may not be upset by this court under article 227 of the constitution of india.6. as per the provisions of the act, the words 'small farmer' are defined under section 2(p) and the explanation (1) of the said definition reads as under:explanation 1.- where a person holds irrigated land, whether exclusively ..... income or not. as per the provisions of the act, if the definition of the word 'debt' is considered, as provided under section 2(d) of the act read with the definition of 'marginal farmer' or 'small farmer' as provided under section 2(a) and 2(p) of the act, whether the concerned farmer/s was/were earning his/ .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-18-2006
Reported in : (2007)1GLR882
..... defined. however, if the meaning of the words 'irrigated land' is to be traced, the reference can be made to the gujarat agricultural lands ceiling act, 1960, wherein as per section 2(6) while distinguishing the classes of lands, there are also classes of perennially irrigated land and seasonally irrigated land. the words sperennially irrigated land refers ..... officer, the same may not be upset by this court under article 227 of the constitution of india.6. as per the provisions of the act, the words 'small farmer' are defined under section 2(p) and the explanation (1) of the said definition reads as under:explanation 1.- where a person holds irrigated land, whether exclusively ..... income or not. as per the provisions of the act, if the definition of the word 'debt' is considered, as provided under section 2(d) of the act read with the definition of 'marginal farmer' or 'small farmer' as provided under section 2(a) and 2(p) of the act, whether the concerned farmer/s was/were earning his/ .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-18-2006
Reported in : (2007)3GLR1918
..... found it to have criminal background, but jumped at the conclusion that the deceased committed suicide due to guilt and shame as a result of the case under bombay police act under sections 110 and 117. reading the report of the sdm as a whole, it has not only travelled far beyond the scope of the enquiry entrusted to him, but it ..... to any one. if we look at the circumstances, it seems that nayana has committed suicide due to guilt and shame as a result of the case under bombay police act under sections 110 and 117. she might have thought that, she could not cop up with the anger of her mother and brothers. she was too young to face this type ..... version of the respondents and report of the sdm. it is even more difficult to believe that either the unfortunate girl or her aged illiterate mother would mention sections of the bombay police act before the doctor and site the case registered by the police as history of the burn injuries to the doctor at amreli. presence of police inspector and police .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-15-2006
Reported in : (2007)3GLR2498
..... to him, present is not a case of no evidence, but is a case where a.l.t. relied upon oral evidence and the revenue entries. 7. section 4 of 1948 act reads as under;-section 4. person to be deemed tenants.- a person lawfully cultivating any land belonging to another person shall be deemed to be a tenant if such land is ..... land through some one else, but beyond that he did not say that how the father of the respondents or the respondents came in possession of the property. under section 4 of the act, a person would not be a tenant, where he is a trespasser or is a servant or is a mortgagee. it is not the case of the respondents ..... in possession was a tenant and consequently would be a deemed purchaser.6. mr. mahesh bhatt, learned counsel for the respondent no. 1 submits that proper appreciation of section 4 of the act would make it clear that a person lawfully cultivating the land would be a tenant, if he is not a member of the family or is not a servant .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-15-2006
Reported in : (2007)1GLR581
..... after valid service of notice, since no objections were filed by the petitioner within the stipulated period of twenty-one days, as contemplated by section 5(1) of the act, the declaration under section 6(1) was issued and published in the gazette of india, which cannot be regarded as illegal. the procedure prescribed by law, as envisaged ..... petition. it has been emphasized in the rejoinder that the respondents have failed to disclose in what manner the petitioner has been served with notice under section 3(1) of the act. after stating that no rojkam, indicating service of notice as required by the relevant rules, was ever prepared, the petitioner has annexed copies of the ..... and copy of declaration, the petitioner sent a telegram to the competent authority on august 31, 2006, making grievance about non issuance of notice under section 3(1) of the act to him. it is averred by the petitioner that other agriculturists, in whose lands, the right of user to lay the pipeline was acquired, were .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-15-2006
Reported in : (2007)3GLR2706
..... raghavji unadkat continued. the authorities, after finding that the said raghavji unadkat was holding the land beyond the ceiling limits, proceeded under section 10 of the act. sections 10[1] and 10[2] of the act which are material for the present case read as under:10.acquisition of vacant land in excess of ceiling limit.-[1] as soon ..... the circumstances, the petitioner was required to appear in the matter which was processed against raghavji unadkat and was also obliged to file his objection. 8. section 2[i] of the act defines 'person'. the definition is inclusive and says that 'person' includes an individual, a family, a firm, a company or an association or body ..... was belonging to 13 persons, there were no good reasons for refusing the permission. it is submitted that in the present matter, proceedings under section 10[3] of the act were not drawn and as the petitioner was never dispossessed, the proceedings against the petitioner would stand abated and he would be entitled to retain .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-14-2006
Reported in : 2008ACJ3367
..... of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment,.. 13.2 section 2(rr) of the i.d. act defines wages as meaning sall remuneration capable of being expressed in terms of money, which would, if the terms of employment, expressed or implied, were fulfilled, be ..... the tribunal had any doubt on the issue, reference could and ought to have been made to the provisions of payment of wages act, 1936 and the industrial disputes act, 1947.13.1 section 2(vi) of the payment of wages act, 1936 defines wages as under:wages means all remuneration (whether by way of salary, allowances, or otherwise) expressed in terms of money ..... m.s. shah, j.1. this appeal under section 173 of the motor vehicles act, 1988 is directed against the judgment and award dated 12.5.2006 passed by the motor accident claims tribunal (aux.) surat in mac petition no. 1219 of 2000. in the .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-13-2006
Reported in : (2007)2GLR1656
..... of seizure and confiscation which are not challenged on any other ground could not be defeated by an illegal transfer of the truck. according to express provisions of section 61b of the act, notice in writing is required to be given to the person from whom vehicle was seized, informing him of the ground on which it was proposed to confiscate ..... of the present case.5. the facts required to be noted are that officers of the forest department have taken their own time in initiating the proceedings under section 61a of the act, and the truck which was seized on 12-6-1985 came to be confiscated by the order dated 6-2-1991. that however, does not absolve the ..... 1-1990. on the other hand, the dy. conservator of forest held proceedings under the provisions of sections 61a and 61b of the indian forest act, 1927, as amended by gujarat amendment vide act 15 of 1960 and act 19 of 1983 (for short 'the act') and ordered confiscation of the truck by the order dated 6-2-1991 after affording to the original .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-13-2006
Reported in : 2008ACJ2486
m.s. shah, j.1. this appeal under section 173 of the motor vehicles act, 1988 is directed against the judgment and award dated 19.10.2004 of the motor accident claims tribunal, ahmedabad rural in mac petition no. 1745 of 1990 awarding compensation of .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-12-2006
Reported in : (2007)IIILLJ195Guj
..... 1[***]________________________________________________________________________5 1[***]________________________________________________________________________6 1[***]________________________________________________________________________7 1[***]________________________________________________________________________8 1[***]________________________________________________________________________9 the indian forest act, 1927 (xvi of section 11.1927) section 12.section 15.section 16.________________________________________________________________________10 the indian forest act, 1927 (xvi of section 11.1927),as adapted and applied to the section 12.saurashtra area of the state of section 15.bombay. section 16.________________________________________________________________________11 1[***]________________________________________________________________________10. therefore, the appellate powers against the order or the .....
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