Judgment Search Results Home > Cases Phrase: foreign recruiting act 1874 Court: gujarat Page 63 of about 633 results (0.024 seconds)

Jiviben Lavji Raganath Vs. Jadavji Devshanker and ors.

Court : Gujarat

Reported in : AIR1978Guj32; (1977)GLR883

..... proceedings only on the ground that the court which passed the decree was lacking in inherent jurisdiction in the sense that it could not have seizing of the case because the subject matter was wholly foreign to its jurisdiction or that the defendant was dead at, the time the suit had been instituted or decree pa d, or some such other ground which could have the effect of. ..... the appellant is the heir of original plaintiff-decree holder whose suit for eviction under the saurashtra rent act was dismissed by the trial court and the district court. .....

Narandas Tolaram and ors. Vs. Bhagsingh Kirpalsingh Khalsa and anr.

Court : Gujarat

Reported in : 1968CriLJ1136

..... 27 the following observations have been made:under section 145, criminal procedure code, the magistrate is not competent to call upon the party to abstain from any act if he wants that 'all' claimants (he cannot act against only some of the claimants under section 145, criminal procedure code) should be stopped from exercising possession, he cannot order it directly. ..... such purpose is wholly foreign to the scope of a proceeding under section 145, criminal procedure code, the magistrate acting under section 145 has nothing to do with the title to the property and as concerned with maintaining actual possession with a view to prevent breach of peace. ..... the observations made therein also act as under:the possession of agent or a servant which is permissive cannot give a party to a proceeding under section 145 ft locus standi against his principal or master. .....

Alessandro Constantini Vs. Commissioner of Income Tax. (Cit V. Alessan ...

Court : Gujarat

Reported in : (1996)136CTR(Guj)199

..... that being so, the pocket allowance which he received from the indian company in india while discharging his duties as employee of foreign collaborator was the income chargeable to tax from salaries and accordingly it will have to be computed under that head. ..... the tribunal has found that the assessee has not been able to substantiate the claim that the amount is paid in order to meet excess cost of living which the foreign technician has to incur in india over and above what he would have incurred in italy. ..... he being a non-resident indian, only income which accrued to or received by him in india, as a result of his work in india under the terms of employment with collaborator company could be taxed under the it act under the head of salaries. ..... 256(1) of the it act for referring suggested questions of law arising out of the order of the tribunal for the decision of this court.6. ..... 16 of the it act, 1961 rs. ..... whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the amount received by the assessee outside india for services performed in india was not taxable under it act, 1961 ?'7. ..... 9 of the it act, 1961 sum of rs. ..... 16 of the it act, 1961 and/or under s. ..... 10(14) of the it act. ..... 10(14) of the act. ..... the assessee is a non-resident indian and therefore, said income was not liable to be taxed under the it act. .....

Makati Nanchand Kakaldas and ors. Vs. Champaklal Chhotalal KapadiA.

Court : Gujarat

Reported in : (1978)19GLR945

..... vakil, for the original plaintiff, urged that section 12(2) of the specific relief act would govern the facts of this case and that the term about delivery of full possession was meant for the exclusive benefit of the plaintiff, who, under law, was at liberty to waive that benefit.16. ..... if it be so, section 12(2) of the specific relief act would apply with full vigour. ..... section 12(1) of the present specific relief act analogous to section 16 of the 1877 act lays down as a normal policy of legislature regarding non-granting of part performance subject to the two exceptions contained in sections 12(2) and 12(3) of the act. ..... the sale-deed is to be executed by the defendants subject to the provisions of urban land (ceiling and regulation) act, 1976. ..... 1 had acted surreptitiously and unfairly to the plaintiff.20. ..... relying upon this section 12(2) of the act. mr. ..... 2, acting as the constituted attorney of his father, the defendant no. ..... 1 acting through his new constituted attorney, the original defendant no. .....

Vithalbhai Manubhai and ors. Vs. Manjulaben Window of Somabhai Virjibh ...

Court : Gujarat

Reported in : (1986)1GLR65

..... in this appeal under section 110-d of the motor vehicles act, 1939, the appellants, who are the original opponents in motor accident claims petition no. ..... they together could not have foreseen any mental shock or suffering which victim's relatives might have suffered on account of the tortious act of the tortfeasor. .....

Bakarali Fatehali and ors. Vs. Mohammedkasam Haji Gulambhai

Court : Gujarat

Reported in : (1996)1GLR96

..... it was a case wherein the tenant has shifted to foreign country, leaving the mother, sisters and brother in the tenanted house and while examining the case for a decree of eviction under delhi rent control act (59 of 1958), the supreme court has said that, it cannot be said that the mother, the sisters and the brother have ceased to be the members of the family and therefore, they cannot be evicted on such ..... but looking to the peculiar facts and circumstances of the case before the supreme court and looking to the controversy which was required to be resolved under the relevant provisions of the delhi rent control act (59 of 1958) on the basis of the facts and circumstances of that case, it appears that the said decision would not be of much assistance to this court in deciding the question regarding the sub-letting or the ..... ratio laid down by the same court in certain other decisions, has said that the question for consideration was as to whether the mischief contemplated under sec.l4(1)(b) of the delhi rent control act (59 of 1958) has been committed by the tenant by subletting, assigning or otherwise parting with the possession of the whole or part of the premises, without obtaining the written consent of the landlord. ..... the principle laid down under altogether different facts, while examining the applicability of the tamil nadu city tenant's protection act, 1921, is that, if the appellant is found to have retained the control, he could be said to have retained the possession .....

Parents Association for the Medical/Dental Students and 198 ors. Vs. J ...

Court : Gujarat

Reported in : (2008)2GLR1324

..... has practically allowed the college to claim the cost of the hospital which was not at all claimed by the institution and thereby, not only the committee has exceeded in exercising of its jurisdiction, but has acted against the sound principles of exercise of judicial power for sanction of the fee structure.45. ..... in absence of the same, at the initial stage, it was required for the committee to act with sensitivity based on the sound principles for exercise of quasi judicial power inasmuch as if in the application for sanction of the fee structure, the cost of hospital is not claimed by the institution itself, the same ..... , before it is considered, the language used by the apex court deserves to be reiterated again for the role of the committee to be more sensitive and to act rationally and reasonably with due regard for realities. ..... expect the committees, so long as they remain functional, to be more sensitive and to act rationally and reasonably with due regard for realities. ..... further if the lower authority or the tribunal has acted on evidence, which is legally inadmissible or has refused to consider the admissible evidence or if the finding is not supported by any evidence at all, the same can be considered in exercise of writ power by this ..... if the committee was to act as per the sound principles of quasi judicial power, the committee could not have permitted the institution to take somersault by altering the fee structure and thereby including the cost of the hospital in the .....

United India Insurance Co. Ltd. Vs. Abubakar Umar Samthania

Court : Gujarat

Reported in : (1997)1GLR346

..... 42 no doubt indicates that so far as the authorities under the indian mercantile ship act, 1923 are concerned, the said vessel is recorded as lost at sea and its casuality on that basis has been taken note of. ..... it is a summary inquiry held by the authority under the said mercantile ship act with a view to decide whether the vessel should continue to be registered or not. ..... 2, they were detained in jail and were in the foreign country for almost a month. ..... no doubt shri nanavati is right that under the aforesaid act, it being a summary inquiry, it is not conclusive and it might be useful to the concerned authorities so far as the maintenance record is concerned. ..... so far as the limitation is concerned, article 44(b) of the indian limitation act, 1963 will be attracted and the date of denial of claim will have to be ascertained. ..... the vessel having sunk is disclosed before the shipping authorities under the said act as per exh. 42. .....

Vasantiben D/O. Amratlal Cheldas Vs. Ambalal Cheldas Ghanchi

Court : Gujarat

Reported in : (1998)2GLR942

..... amratlal died on february 29, 1948 leaving his widow kantaben and, therefore, in view of the provisions of hindu women's right to the property act, 1937, (hereinafter referred to as 'the act'), bai kanta derived the interest as her husband amratlal had in the joint family properties after his death. ..... the applicant be put into possession of the property, and where the applicant is still resisted or obstructed in obtaining possession the court may also, at the instance of the applicant, order the judgment-debtor, or any person acting at his instigation or on his behalf, to be detained in the civil prison for a term which may extend to thirty days.101. ..... on july 28, 1948 the government of bombay, in exercise of the powers conferred under section 4 of the extra provincial act, 1947, issued an order called the indian states (application of laws) order, 1948. ..... at the time when she died, hindu succession act of 1955 had come into operation and under section 14 of the said act her widow's interest was entered into full ownership right. ..... the answer to the contention depends upon whether the act was made applicable to the palanpur state within whose limits the properties in disputes were admittedly situated. ..... it is thus clear that the said act was made applicable to the palanpur state area on and from july 28, 1948. ..... the provisions of section 4 of the act make it clear that it has no retrospective effect. ..... by virtue of this order the act was made applicable to the palanpur state. .....

Oreintal Insurance Co Ltd. Vs. Amarba Revtubha Jadeja and Others

Court : Gujarat

..... 12.3 in my view, the aforesaid observation of the supreme court is also in conformity with the provisions of section 306 of the indian succession act, according to which, in a proceeding for compensation for personal injuries leading to death, the right to sue survive upon the legal heirs or the executor of the deceased. ..... trilok chandra [supra], the supreme court while making remarks upon the defects in the schedule ii of the act made the observations about the importance of consideration of the age of the parents as quoted earlier but at the same time, hastened to add the following observations: "what we propose to emphasise is that the multiplier cannot exceed 18 ..... 13.1 this court also cannot lose sight of the fact that according to the provisions of the act, an application for compensation can be made only by the heirs and legal representatives of the victim and it is not necessary that in addition to his status as the heir and legal representative, he should be also financially dependent on the ..... moreover, if the object of the trial of the claim-application under section 166 of the act is to find out the loss suffered by the estate of the deceased due to negligence of the driver of the offending vehicle, the age of the heir and legal representative cannot, at any rate, be a factor for deciding the ..... dtdc reported in (2009) 6 scc 121, the law is now settled that in a proceeding under 166 of the motor vehicles act, the principles laid down in the said decision should be followed. .....