Court : Gujarat
Reported in : (1967)8GLR337
..... alia were that the rule of stare decisis was in favour of the view that the district judge is the competent authority to hear such petitions, that at no time after the municipal boroughs act came into force in 1925, the state government had been called upon to issue a notification specially empowering the district judge by a general or special notification to hear election petitions. ..... previous decisions of the bombay high court, a contention was raised that the determination of compensation payable by municipal committee under section 198 of the municipal act was made revisable by the high court and reliance was placed on a full bench decision in ..... the matter to the high court and the dispute raised was that under section 15 of the bombay municipal boroughs act (xviii of 1925) the tribunal which was appointed to hear the petition was not a court ..... before i proceed to consider this important legal aspect, it would be necessary to reproduce verbetim sub-sections (1) and (2) of section 15 of the municipal boroughs act which are material for the decision of this point.15(1) if the validity of any election of a councillor is brought in question by any person qualified to vote at the election to which such question refers, ..... . in that case the court was concerned with the bombay municipal act (iii of 1901) and the court on the construction of section 15 of the said act held that no jurisdiction was conferred upon the district judge to decide whether any disqualification .....
Tag this Judgment!Court : Gujarat
Reported in : (1978)19GLR97
..... conduct of their business and the delegation of any of their powers or duties and, subject to the provisions of sections 27 and 27a, the appointment and constitution of committees.armed with the powers under repealed act, second respondent municipality has framed rules and they are deemed to be continued under the act of 1964 in view of the provisions contained in section 279(2) (vi). ..... provides-that the bombay district municipal act, 1901 (1901 act for short) and that act as adapted and applied to the saurashtra area of the gujarat state, an the bombay municipal boroughs act, 1925, and that act as adapted and applied to the saurashtra area of the gujarat state and that act as extended to the kutch area of the gujarat state are repealed. ..... in view of the statutory provision contained in sub-section (2) of section 55 of the 1963 act whenever a committee is set up under section 55 by the municipality governed by the 1963 act, members of the committee shall hold office for a period of one year. ..... reads as under:(2) notwithstanding the repeal of the said acts:(vi) any appointment, notification, notice, tax, fee, order, scheme, licence, permission, rule, by-law, or form made, issued, imposed, or granted in respect of the said boroughs or districts and in force immediately before the date of the commencement of this act shall in so far as they are not inconsistent with the provisions of this act be deemed to have been made, issued, imposed or granted under this act in respect of the borough .....
Tag this Judgment!Court : Gujarat
Reported in : (1982)2GLR596
..... abdul shakoor air 1961 1087, that where the act repealed provides substantially for all matters contained in the act effecting the repeal there is correspondence between the two acts and the earlier act would thus stand repealed; it is not necessary that there should be complete identity between the repealing act and the act repealed in every respect. ..... any premises belonging to or taken on lease or requisitioned by, or on behalf of the state government, and includes any premises belonging to, or taken on lease, by or on behalf of any municipal corporation, or municipality or a panchayat in the state, or any corporation established under the central or state act and owned and controlled by the state government, or any university constituted under any law in the state of gujarat, or any institution recognised by the university grants commission, or declared by the central government to be university within the ..... in municipal council, palai's case the supreme court indicated three broad tests to determine whether there is a repeal by necessary implication. ..... this rule is also quoted with approval by the supreme court in municipal council palai's case (supra).14. ..... this last rule which i have set out from crawford's statutory construction has been quoted with approval in municipal council. ..... this presumption is rebutted, if it is shown that new law is inconsistent with, or repugnant to the old law (vide: municipal council. .....
Tag this Judgment!Court : Gujarat
Reported in : (1986)2GLR1323
..... 1983 on a proposal submitted in january 1976 without inviting any objections, is clearly illegal, null and void and of no effect;(f) this hon'ble court may be pleased to direct the ahmedabad municipal corporation to examine the question of permissible f.s.i, on ashram road afresh and submit its proposals to the state government and thereafter only after inviting the objections the state government can decide as to ..... sought should be granted by the corporation and/or its officers on that basis;(h) this hon'ble court may be pleased to direct the state government and the ahmedabad municipal corporation to act upon the promises and/or assurances held out from time to time by the resolutions and/or by public speeches made with regard to the f.s.i. ..... of land in any area no reasonable periods, parking space and loading and unloading space for any building and the sizes of projections and advertisement signs.so, it is evident that as long as that 1954 act hold the field, the imposition of conditions and restrictions in regard to open space to be maintained about buildings, the percentage of building area for a plot, the number, size, height and character of ..... the revised draft plan submitted by the local authority in the year 1976 came to lapse and/or superseded so to say by a revised plan under the new act and repealing section 124 cannot come to the succour of the corporation. mr. ..... it was stated that the municipal administrator on 21-6-1974 had framed regulations controlling the .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)4GLR2777
..... the builders have handed over the possession of the premises booked by me at my request and at my risk and responsibilities and on my undertaking and assurance that if any notice or proceeding shall arise by any authority including municipal corporation for use and occupation, i/we shall alone be liable and/or answerable for the same and neither the builders nor the association and/or its office bearers will be liable or answerable for the same.'74. ..... the builders have handed over the possession of the premises booked by me at my request and at my risk and responsibilities and on my undertaking and assurance that if any notice or proceeding shall arise by any authority including municipal corporation for use and occupation, i/we shall alone be liable and/or answerable for the same and neither the builders, nor the association and/or its office bearers will be liable or answerable for the same. ..... from the provisions contained in the bombay provincial municipal corporation act and the building regulations as applicable, it is very clear that the statutory provisions of public duty are imposed on the concerned builder/developer/owner when it is decided to erect a ..... urban land (ceiling & regulation) act, 1976 was brought into force, situation changed and the hon'ble law minister while repealing the act has stated on the floor of the parliament as to how the act was misused. ..... bundy reported in (1974) 3 all er 757 wherein lord dennig first clearly enunciated his theory of 'inequality of .....
Tag this Judgment!Court : Gujarat
Reported in : (1961)2GLR153
..... patel that section 59 is a section corresponding to section 43 of the baroda b class municipalities at that act having been extended to the former baroda territories the b class municipalities act of baroda must be treated as having been repealed by virtue of the provisions of section 5(i)(c) and (iii) of the baroda state (application of laws) order 1949.9. ..... therefore it would be between section 43 of the baroda act which would be a provision corresponding to section 59 of the bombay district municipal act and it would be that section that would stand repealed under section 5(i)(c) of the baroda state (application of laws) order. ..... 91/62 in question being under section 43 of the b class municipalities act of baroda and the bombay district municipal act 1901 having been extended to the former territories of baroda state the baroda act stood repealed. ..... that being so the order in question must be regarded as repealed by reason of section 5(i)(c) of the baroda state (application of laws) order 1949 there is no doubt that section 59 of the bombay district municipal act is substantially similar to section 43 of the b class municipalities act of baroda. ..... the act relevant for these appeals which was extended to the former territories of the state of baroda was the bombay district municipal act 1901 under clause (1) of section 5 all enactments in force in the baroda state were deemed to have been repealed wherever acts corresponding to them were under section 3 extended to the baroda state .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1963Guj40; (1963)GLR317
..... . and if was may say so, the legislature has stated in the second proviso that repeal or no repeal, partial repeal or total repeal, when it comes to payment of fees after the coming into force of the operation of the act, the fees to be charged shall be at the rate in force on the date when the document ..... . of course, the words, 'at the rate' occur in the second proviso but the emphasis is also on the words 'shall be charged and collected under this act', from the whole scheme of the new act and reading sections 5, 6 and 49 of the act together, it does not appear that the emphasis in the second proviso to section 49 is merely on the word 'rate' and that the use of the word 'rate' in that proviso can only ..... the effect of obliging the assesses to have the claim computed in a manner different from that in which he was entitled to have it computed under the old act and make the rate dependent on the said computation, the question will have to be further considered whether article 16 in the new act can apply to the present applications either wholly or at any rate to the extent of the rate prescribed thereunder . . . .' 'in our opinion, the ..... municipal corporation, greater bombay, 63 bom lr 667 are at page 672 : --'in the first place we must point out that while the court-fees act provides for the computation of the claim and the rate of court-fees, which will be chargeable on the computed claim, this section only refers to the rates to be charged on the date of the presentation of .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1963Guj259; 1963CriLJ502; (1963)GLR209
..... clause itself gave guidance to the executive officers under what circumstances a licence was to be refused and he submitted that both the preamble and a number of sections of the act revealed the policy of the act and gave sufficient guidance to the executive officers, on the basis of which the rules and orders for licensing and controlling the use of loudspeakers were to be made.23. ..... have been separately delivered to point out mainly that the majority of the judges concurring and dissenting were in agreement that the issue presented was whether a state or a municipality might forbid use of sound trucks or amplifying devices in public streets without reference to whether loud and raucous noise was emitted. ..... oza did contend that the powers which were conferred on the authorities were arbitrary, he did not contend that, in the particular instance, the second respondent had acted in an arbitrary fashion, so that his action requires to be reviewed by this court on the ground that the second respondent was making a mala fide and arbitrary use of a power ..... the sentiment that 'unrestrained use throughout a municipality of all sound amplifying devices would be intolerable ..... samiti' was formed to contest the municipal elections which were to be held ..... in this case, the validity of a municipal ordinance which prohibited the use of amplifying devices casting sound upon streets and public places, except with the permission of the chief of police, without prescribing standards for ..... municipality's .....
Tag this Judgment!Court : Gujarat
Reported in : (1964)5GLR786
..... to decide the issue of tenancy that matter was within the competence of the revenue authority.proceeding further it was observed:as already pointed out by us the question about the applicability of the tenancy act does not require an independent examination and decision apart from the issue of tenancy it arises only because the issue of tenancy has to be determined thus the issue of tenancy is the vital ..... question is whether the agricultural land is held on lease for the benefit of industrial or commercial undertaking and the whole applicability of the previous provision of the act including sections 70, 85 and 85a would depend on this collateral question which is totally distinct from and does not touch the question whether a person is ..... section 88(1) provided: 'nothing in the foregoing provisions of this act shall apply:(a) to lands held on lease from the government a local authority or a cooperative society;(b) to lands held on lease for the benefit of an industrial or commercial undertaking;(c) to any area within the limits of greater bombay and within the limits of the municipal boroughs of poona city and suburban ahmedabad sholapur surat and hubli and within a distance of two miles of the limits ..... in any civil court involves any issues which are required to be settled decided or dealt with by any authority competent to settle decide or deal with such issues under the act the civil court shall stay the suit and refer such issues to such competent authority for determination. .....
Tag this Judgment!Court : Gujarat
Reported in : (1965)6GLR282
..... the privy council case in which the test of complete frustration was enunciated.after so quoting the passage their lordships observed as follows at page 677:in the view we take of the construction of the provisions of the act before us in the right of the principles of construction formulated by lord du parcq we do not consider it necessary to examine whether there are any further limitations qualifications or exceptions to the rule as applied to indian ..... those observations should not be read as definitely expressing the opinion that the requirement of public interest does not become the subject-matter of adjudication in proceedings before the court when the validity of an act passed under article 304(b) is questioned.though the observations in kherbaris case were made with respect to the question as to whether the requirement of public interest in article 304(b) is or not justiciable there ..... with the conclusion of the high court of bombay and held that the crown was not bound by the aforesaid two provisions contained in the city of bombay municipal act 1888 as already stated this privy council case was approved in the director of rationing and distribution case aforesaid. ..... law abrogating or repealing by implication provisions of any preexisting law and no exception could be taken on the ground of excessive delegation to that act of the parliament itself ..... the abrogation of the implied repeal is by force of the legislative declaration contained in section 6 and is not by force of the .....
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