Court : Gujarat
Reported in : AIR2003Guj97
..... further it is directed to submit when the draft of payment is received and the concerned officers of the fisheries shall return the cheques which were given by the petitioner but not encashed due to the pendency of this ..... up to june 2002 and therefore, he submitted that since the contract is finally not terminated by the deputy director though in his submission the commissioner/director of fisheries has jurisdiction to take the decision whether the contract is to be terminated or not. ..... is additional reason for giving direction to the director of fisheries to take the decision because the allegations are made against the ..... of the view that, if the decision is taken by the director of fisheries in this regard, it would be just and proper. ..... is observed that in the facts and circumstances of the case, the decision will be taken by the director of the fisheries as contract should be finally terminated or not? ..... as the challenge to the notice dated 8th january, 2000 is concerned, since it is the contention of the petitioner that the deputy director of fisheries has no authority and it is only for the director of fisheries to take the decision. ..... and in housing scheme given by the director of fisheries to the petitioner society. ..... director of fisheries who has reported to the deputy director for taking action, more particularly, ..... shall be deposited by the petitioner society within a period of three weeks from today and therefore, the petitioner society is directed to act as per the statement. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1972Guj166
..... 'immoveable property'' has been defined as under:''immoveable property' includes land, buildings, hereditary allowances, rights to ways , lights, ferries, fisheries or any other benefit to arise out of land, and things attached to the earth, or permanently fastened to anything which is attached to the earth, but not standing timber, growing crops nor grass.'13-14. x x x ..... in the general clauses act, 1897, in section 3, clause 26 'immoveable property' has been defined as under:''immoveable property' shall include land, benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to ..... that position has been made quite clear by the learned judge at page 327 observing:'section 28 of the act enacts that, for the purpose of the execution of a decree of the small cause court and for the purpose of deciding all questions arising in the execution of the decree, anything attached to the immoveable property ..... therein:'although a superstructure on land, being a thing attached to earth, would be immoveable property both under transfer of property act and the general clauses act, by fiction created by section 28 of the presidency small cause courts act it shall be deemed as moveable property in the circumstances mentioned in that section. ..... similarly, his argument that on 1.4.1957 in view of the bombay tenancy and agricultural lands act, the tenant would be deemed to be the owner from 1.4.1957 and consequently, security would be lost, is devoid .....
Tag this Judgment!Court : Gujarat
Reported in : (1963)4GLR105
..... . pointed out that the sea fisheries act provided that the provisos of that act should be enforced by certain officers and the court had held that only those officers could enforce the ..... passed by a person or authority other than the municipality it was the duty of the prosecution to lead evidence to show that the person or the authority was legally authorized to pass the order under section 161 of the act this would include in the case of a delegation proof to the effect that the delegate was legally authorized by the proper authority and that the delegation was conferred in accordance with law ..... kassam alibhai 36 bombay law reporter 965 to the effect that the language which was used in the sea fisheries act was mandatory language which precluded non-sea fisher officer from enforcing the provisions of the sea fisheries act.11 ..... this decision was based upon section 11 of the fisheries act which was in a mandatory form ..... in that case it was held that the only persons who are entitled to prosecute for offences created by the sea fisheries act 1883 were the sea-fishery officers appointed under the act ..... any by-law thereunder and may order the expenses of such prosecutions or other proceedings to be paid out of the municipal fund:provided that no prosecution for an offence under this act or any by-law framed thereunder shall be instituted except within six months next after the date of the commission of the offence or if such date is not known or the offence is a continuing one within six months .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1994Guj64; (1993)2GLR1161
..... or after the date on which it is or has become liable to be reconstituted on account of expiry of the term of its councillors or otherwise, notwithstanding that the central government has taken census under the census act, 1948 it is not possible to hold elections within reasonable period for the reconstitution of that municipality in accordance with the relevant figures of the census so taken by reason of the fact that -- (a) the relevant ..... as follows:'all the same, however, we wish to re-emphasise the need to stick to the statutory guideline which has to be read into subsection (1) [of section 6 of the act] for the purpose of determination of the question of population, the said guideline being that it is the population ascertained at the last preceding census which must be held to be determinative ..... 2 of 1979, relevant part of which reads as follows:'(1a)(a) in the case where such election is held immediately after -- (i) the census is taken under the census act, 1948 and the relevant figures of which are notified by the state government in the official gazette; or(ii) the limits of the municipal borough of a municipality are altered, the ..... even that apart, in the fight of clear language of the definition of the word 'population' as contained in the gujarat municipalities act and which is pari materia with section 2(45a) of the present act, the obiter observations of the learned single judge on this aspect cannot be accepted and it must be held, with respect, that the learned .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)2GLR1716
..... testing the impugned order dated 12.01.2007 wherein application exh.77 has been rejected at the anvil of the aforesaid requirement of section 50a(1) of the act it is apparent that not only is the order silent as to recording of any satisfaction, in fact there are no reasons forthcoming for rejecting the application exh ..... authority has sought to sustain the impugned order on the ground that the issue whether a scheme is required under section 50a(1) of the act to be framed or not is yet open and hence, the petitioner cannot have any grievance at this stage. ..... on a plain reading the provision requires that regardless of what is stated in section 50 of the act, it would be open to the charity commissioner where the charity commissioner has reason to believe that, in the interest of the proper management or administration of a public trust, a scheme should be settled of the trust; another contingency is, where two ..... 2 authority refers to provision of sub-section (2a) of section 50a of the act and states that the question is not only whether the scheme should be framed but also whether trustees should be appointed or ..... made an order for issuance of a public notice so as to inform all interested persons regarding the application under section 50a of the act and the proceedings pending before respondent no. 2.5. ..... to 5 herein moved an application under section 50a of the bombay public trusts act, 1950 (the act) on 06.01.2006. ..... -section (2a) of section 50a of the act is an enabling provision. .....
Tag this Judgment!Court : Gujarat
Reported in : (1992)1GLR503
..... expire until the day before the holding of the meeting of the duly elected members.the dicta of the supreme court laid down in the context of the bombay village panchayats act fully supports the view we have taken above.the argument of the learned advocate general was that what section 6(3) provides for is for conceptional continuity of the term of ..... held for municipalities, the respondent-state has extended the terms of some of the municipalities like unjha and dabhoi while they have appointed administrators under the gujarat municipalities act for other municipalities similarly situated like kalol and borsad and in this connection, petitions are filed in this court and the learned single judge has entertained the ..... term of office of the outgoing councillors shall be deemed to extend to and expire with the day immediately preceding the date of such meeting.sub-section (3) of section 6 was substituted by gujarat act 18 of 1984 and the new sub-section (3) of section 6 which is impugned in these petitions was inserted as under:(3) the term of office of the outgoing councillors shall be deemed to ..... be full-fledged councillors entitled to exercise all the powers and discharge all the duties as such as duly elected councillors under the act and they will be entitled to take all decisions including policy decisions within legally permissible limits laid down by the act.once this conclusion is reached, it becomes obvious that there will be no need to issue any mandamus to the state for .....
Tag this Judgment!Court : Gujarat
Reported in : 1982(10)ELT155(Guj)
..... indirectly, any bounty or grant upon the production therein or the exportation therefrom of any article and the article is chargeable with duty under the provisions of the customs tariff act, then, upon the importation of any such article into india, whether the same is imported directly from the country of production or otherwise, and whether it is imported in ..... cases and sub-section (1) of section 6 provides - 'where the central government, upon a recommendation made to it in this behalf by the tariff commission established under the tariff commission act, 1951, is satisfied that circumstances exist which render it necessary to take immediate action to provide for the protection of the interests of any industry established in india, the central government ..... -section (2) of that section, as the case may be; and (ii) any duty of customs chargeable on that article under section 12 of the customs act, 1962, and any sum chargeable on that article under any law for the time being in force as an addition to, and in the same manner as, a duty of customs, but not including ..... duty on any imported article, where such duty is leviable at any percentage of its value, the value of the imported article shall, notwithstanding anything contained in section 14 of the customs act, 1962, be the aggregate of - (i) the value of the imported article determined under sub-section (1) of the said section 14 or the tariff value of such article fixed under sub .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)2GLR1752
..... in view of the discussion made hereinabove, i am of the opinion that the authorised officer as defined under sub-rule (ii) of rule 2 of the rules, who is competent officer to act under rules 5, 6, 7, 8 and 9 to prepare and publish provisional list and after inviting objections prepare and publish final voters list for all three constituencies separately, has to decide the ..... learned additional advocate general that the very word 'regulated' item in the market area does not figure in sub-clause (i) of sub-section (1) of section 2 of the act and, therefore, the word which is not in the statute book cannot be added by this court and relief in that regard cannot be granted. ..... judgment, this court has unequivocally observed that those fisheries societies which are not engaged in the production or growth of any of the items listed in the schedule of the act are not entitled to be included in the ..... , and if at the last moment the authorised officer under political influence includes such type of societies which are not falling within the sub-clause (i) of sub-section (1) of section 11 of the act, they would be in majority and it would have adverse effect on the election which is scheduled to be held on 28-2-2000.on the aforesaid premises, mr. ..... jhaveri contended that the fisheries societies if they are not engaged in the produce or growth of any of the items listed in the schedule appended to the act, cannot be included as societies dispensing agricultural credit in the market area and cannot .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1975Guj95; (1975)0GLR66
..... from the aforesaid discussion it is very clear that the second clause of section 73 of the indian evidence act permits the court to direct any person to write words and figures for the purpose of comparison and such comparison is to be with a view to enable the court to form its own conclusion and in ..... now the question is whether under the provisions of section 73 of the indian evidence act, a court has any power to dictate to any witness or party to write any words or figures so that the words or figures written by that witness or party may be used as the standard writings or figures of ..... the court is not entitled under section 73 of the evidence act to assist a party to the proceedings by asking any person to write any words or figures with a view that the words or figures may be used as standard writings for comparison ..... while interpreting the aforesaid provision of section 73 of the evidence act, it is observed that in terms the second clause limits the power of the court to directing a person present in court to write any words or figure only where the court itself is of the view ..... the said provision of section 73 of the evidence act came up for interpretation before a single judge of the bombay high court in air ..... section 73 of the indian evidence act, 1872, empowers a court in order to ascertain whether a signature, writing, or seal is that of the person by whom it purports to have been written or made, any signature, writing, or seal admitted or proved to the satisfaction .....
Tag this Judgment!Court : Gujarat
Reported in : (1984)1GLR603
..... would say that name may not be decisive, but if the by-laws and actual functioning show that a particular society is engaged in producing any of those products specified in the schedule appended to the act, the said society can be said to be a society of agriculturists and if further it is found that that society is advancing credit in order to procure that advancement of agricultural produce or agriculture, ..... petitioner's grievance was, that in the tentative voters' list, the names of the members of the milk purchasing co-operative societies and fisheries co-operative societies were shown and that despite his objection to the inclusion of those names by his application dated 14-11-80, annexure-c, the ..... constituency was vitiated in so far as the milk producing society so-called, situated in the market area and the fisheries society were wrongly taken to be the societies entitled to give the names of their members of managing committees. ..... milk, simultaneously is engaged in the business of buying or selling of agricultural produce or of processing of agricultural produce and also is holding a licence for that purpose, obviously under the provisions of this act, it will be deemed to be co-operative marketing society and, therefore, it will not have a right of representation for the purpose of electing eight agriculturists. ..... so the fisheries societies, if they are not engaged in the produce or growth of any of the items listed in the schedule appended to the act, cannot be included .....
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