Court : Gujarat
Reported in : (1997)1GLR670
..... by the court.it could very well be seen from the aforesaid provisions that by adding section 5(11)(c) by a subsequent amendment, the legislature has provided a special mode of succession to the tenancy rights or leasehold rights. in short, the object of the said provisions appears to create irremovability from possession to ..... in section 15, non-obstante clause is 'notwithstanding anything contained in any law'. as against this, such clause in section 13, says 'notwithstanding anything contained in this act'. again, the opening words of section 13 are material which speak 'but subject to the provisions of section 15.' it may be mentioned that section 15 injects ..... and unlawful sub-letting and illegal transfer and assignment of the demise premises. the jurisdictional scope of revisional court under section 29(2) of the bombay rent act though little wider than under section 115 of the code, is still circumscribed to correct the impugned decision or decree which is not in accordance with law .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)1GLR575
..... the estate of the deceased tenant, otherwise then the personal law governing the estate of the deceased. section 4 of the hindu succession act gives the overriding effect to the provisions of the hindu succession act in the matter of succession. in clause (b) sub-section (1) of section. 4, it is declared that any other law in force ..... intended, in view of the permissive language used in clause (12) of the covenants. the court has further taken the view that unless the government amends the rules or imposes appropriate restrictive covenants prohibiting the bequest in favour of the strangers or by enacting appropriate law, there would be no statutory power to ..... the executive instructions. if the legislatures are intended to take away such rights, the same can be done only by way of the legislative act. unless the government amends the rules or imposes appropriate restrictive covenants prohibiting the bequest in favour of the strangers or by enacting the appropriate law, there would be no .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2006Guj84
..... by way of merger agreement dated 4th may, 1998 and they stand exempted from the provisions of hindu succession act, 1956 (hereinafter referred to as 'the act') under section 5(ii) of the act. it would be beneficial to refer to the said section 5(ii) of the act, which is as under :'5(ii) any estate which descends to a single heir by the terms ..... be heard in appeal as heirs and legal representatives of defendant no. 1-maharani rajendra kunverba saheb and as they are already on record, they can be treated accordingly. necessary amendment in the cause title be carried out forthwith.24. so far as civil application no. 2748 of 2002 is concerned, we are not inclined to pass any order of mandatory .....
Tag this Judgment!Court : Gujarat
Reported in : I(1998)DMC345; (1997)3GLR440
..... and it has become impossible to resurrect the marriage or to reunite once it is known that there are no prospects of the success of the marriage, to drag the legal tie acts as a cruelty to the spouse and gives rise to crime and even abuse of religion to obtain annulment of marriage.............the theoretical ..... reported in 1994 (1) [xxxv (1)] glr 262, were required to deal with the provision of section 100 of the code of civil procedure, 1908 as amended by 1976 amendment. accordingly, they have stated the principle that second appeal under section 100 of the code is competent on a substantial question of law and findings of facts recorded ..... the two different claims. the learned appellate judge could not nave granted permanent alimony since he was reversing the decree for divorce and was dismissing the petition bearing hindu marriage petition no. 175 of 1986. hence, the observations of the learned appellate judge do not run counter to the respondent's statutory right of claiming interim .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1979Guj209; (1980)GLR66
..... due effect to.8. in our opinion, we have, therefore, to reconcile between the provisions contained in section 23(1)(a) and the amended provisions contained in s. 13(1a) of the hindu marriage act.9. in anil jayantilal vyas v. sudhaben, air 1978 guj 74, this court (myself) was called upon to decide what is the effect ..... it cannot be said that it is a new fact or circumstance amounting to a wrong, which will stand as an obstacle in the way of the husband to successfully obtain the relief, which he claims in the present proceedings. if the view, which has been canvassed by the learned advocate for the appellant-wife is accepted, ..... there were other circumstances or facts besides the matrimonial offence of adultery already committed on which the decree for judicial separation has already been granted, the wife cannot successfully resist the decree for divorce especially when the legislature has specifically granted this right even to a defaulting spouse by putting sub-section (1a) of section 13 .....
Tag this Judgment!Court : Gujarat
Reported in : (1968)9GLR609
..... will and obtain relief in her suit. this objection was founded on section 213 of the indian succession act but that section mani festly does not apply as bhayavala was a hindu the will made by him was not of the class specified in clause (a) or (b ..... valid must be recognised for 'the formal recognition of a new ruler is in all cases, a necessary concomitant of the act of succession'. it was in exercise of this function that the british crown as the paramount power insisted that it would not recognise ..... first time in the appeals. we may observe that no application was made to us on behalf of meramvala for leave to amend the plaint so as to include the plea based on the 'life interest principle'. in this view of the matter it ..... personages in the western india states agency' corrected upto 31st december 1933 there is a statement made by the paramount power that succession in the estate was governed by the rule of primogeniture. this should be sufficient to dispose of the controversy but the matter .....
Tag this Judgment!Court : Gujarat
Reported in : I(1991)ACC529; 1991ACJ585; (1991)1GLR352
..... section 212(2). if it is stretched to that, it would be nugatory, which empowers a hindu, mohammadan, buddhist, sikh, jain, indian christian or parsi for applying for letters of administration in case of intestacy. such a construction of section 306 of the indian succession act would raise a direct conflict with the provisions of order 22, rule 3 (1) of ..... 1983 acj 34 (hp). in the said case, the claimant had died during the pendency of the proceedings. in that case the application by the legal representatives for amending the petition under order 6, rule 17 of the civil procedure code was made but it was held in that case that the legal representatives had no right to move for ..... amendment unless they had been impleaded as party to the petition. it was observed in that case that they had an independent right to move a petition on account .....
Tag this Judgment!Court : Gujarat
Reported in : [1966]59ITR514(Guj)
..... of them within the meaning of rule 11(2) of the rules applicable to cases i and ii of schedule d as amended by the finance act, 1926, section 32. it was held there that there had been a succession since the business carried on by the subsidiaries would have been no different had they made the steel bars themselves and that for ..... should be ascertained, and the difference between the actual sale price of plate and the actual cost of producing plate through each process was the actual profit attributable to the succession. mr. kaji relied upon this decision in support of his contention that if market price were to be accepted as the basis of computation in the present case, it ..... profits could be made on the basis of the cost price of the stock-in-trade of the assessee's business. the facts, however, in that case were that a hindu undivided family carried on money-lending business as well as a business in purchase and sale of silver. on a partition of the family the assessee who was a member .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)2GLR1522
..... that term, unless there be something inconsistent or repugnant to the context in the latter act. therefore, section 3(35) of the bombay general clauses act, 1904, would be applicable to the ceiling act because it could not be successfully pointed out on behalf of the appellants that there is anything repugnant in the subject or ..... commissioner, madras : [1968]67itr106(sc) , the supreme court noticed that the expression 'person' as defined in section 2(9) of the indian income tax act, 1922 included a hindu undivided family and a local authority, and has while construing said expression, ruled that, when the definition is inclusive, resort may appropriately be had to the general ..... or association or body of individuals, whether incorporated or not. it is not in dispute that the ceiling act has been enacted after the commencement of bombay general clauses act, 1904, and after section 3 of the said act was amended by gujarat a.o. 1960. thus, by force of opening words of section 3 itself, word .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1972Guj66
..... settled that an appellate court is entitled to take into consideration any change in the law.'the supreme court in the aforesaid case took into account the subsequent enactment of hindu succession act, 1956 and its effect on the rights of the parties. a similar question arose before mr. justice rajadhyaksha and mr. justice vyas in the high court of bombay in laxmibai ..... rights and obligations of the parties.' in other words, a suit must be tried and decided on its original cause of action as stated in the plaint or in the amended plaint at all stages of that litigation.13. mr. patel has however invited my attention to a few unreported decisions of this court. one is the decision of mr. justice ..... and circumstances as they existed at the date of the institution as they existed at the date of the institution of the suit or at the date of any subsequent amendment of the pleadings and should not taken notice of events or decisions which have happened after such date. in the present case when the .....
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