Court : Gujarat
Decided on : Mar-06-1961
Reported in : (1962)3GLR33
..... to co-operative societies. this is clear from the preamble itself which provides that for the purpose of promoting thrift self-help etc. it is expedient to consolidate and amend the law relating to co-operative societies. the words relating to a public religious or charitable object are found in clause (b) of the definition. the enactment ..... stamp duties fees and so on. some of these may be public objects hut it cannot be said that prisons and boilers etc. are public objects. there can be no doubt that the object of all indian enactments is generally a public one. but that does not mean that the enactments relate to a public object. we must ..... as to bring about better living better business and better methods of production and for that purpose to consolidate and amend the law relating to co-operative societies. no doubt the object of enacting the bombay co-operative societies act 1925 is to promote thrift self-help and mutual aid among agriculturists and other persons etc. in that sense .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-17-1961
Reported in : (1961)GLR487; [1962]45ITR294(Guj)
..... to certain changes which were brought about in section 35 and which have bearing on the examination of the contention raised on behalf of the petitioner. prior to its amendment by the finance act, 1955, clause (6a) of section 2 was, in certain respect, differently worded. to sub-clause (c) relating to distribution made to shareholders of a company ..... company. he issued an income-tax refund certificate, as in his opinion the distribution was to be treated as 'dividend' under section 2(6a) (c) of the indian income-tax act. he certified that the total amount of dividends distributed was rs. 5,17,171-20 np. 'out of the reserves formed out of the profits as accumulated profits ..... a company goes into liquidation, the shareholders' right to receive dividend comes to an end. our attention has also been drawn by counsel to the second schedule to the indian finance act, 1948, a provision in clause b(a) of part i relating to rates of income-tax set out at page lxxxii in the income-tax manual, 1959 ( .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-24-1961
Reported in : AIR1961Guj151; (1961)2GLR343
..... shall be construed and have effect accordingly.5. the terms of this my instrument of accession shall not be varied by any amendment of the act or of the indian independence act, 1947, unless such amendment is accepted by me by an instrument supplementary to this instrument.6. nothing in this instrument shall empower the dominion legislature to ..... 5 of the instrument of accession that the terms of the instrument of accession shall not be varied by any amendment of the government of india act, 1935, or of the indian independence' act, 1947, unless such amendment was accepted by the ruler of the sant state by a supplementary instrument of accession and clause 7 of the ..... the ruler free in the exercise of his sovereignty to accept or not to accept any amendment of the government of india act, 1935 or of the indian independence act, 1947, or any future constitution of india. obviously, if the government of india act, 1933, was scraped and a new constitution of india was forged which was not .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-06-1961
Reported in : 1962CriLJ142; (1961)GLR664
..... that under the prevention of corruption act, cases under section 161 of the indian penal code and under section 5(2) of the prevention of corruption act are now triable by special judges in view of sections 6 and 7 of the criminal law amendment act, sections 6 and 7 of the criminal law amendment act, 1952, have made no change in ..... the law as regards the power to investigate and as regards police officers' powers to investigate. this change has been effected by section 5a of the prevention of corruption act, which reads as follows:notwithstanding ..... chunilal v. state of bombay : 1959crilj389 , their lordships of the supremo court have held as follows:the word 'statement' used in section 157 of the indian evidence act, is used in its primary meaning and there is nothing in the section which in any way requires that an element of communication to another person should be .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-18-1961
Reported in : (1962)3GLR117
..... the application under consideration would be within time.7. the question therefore that arises for consideration is whether section 4 or section 12(2) of the indian limitation act would be applicable to the application under section 72. we do not propose to consider the second part of the question as regards the applicability of section ..... record a finding with the reasons therefor to that effect. such finding shall be appealable to the charity commissioner. the deputy or assistant charity commissioner shall amend the entries in the said register in accordance with such finding and if appeals (or applications) were made against such finding in accordance with the final ..... decision of the competent authority provided by this act. the amendments in the entries so made shall subject to any further amendment on the occurrence of a change be final and conclusive.10. under section 22(1) it is the trustee who has .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-20-1961
Reported in : (1962)0GLR492
..... -observance would vitiate any order passed by the government imposing a penalty upon a public servant. we fell that the learned judge should have allowed the application for amendment of the plaint. in fact, the plaintiff had put questions in the cross-examination of one of the defendants' witnesses referring to the necessity for consultation with ..... not part of a reasonable opportunity. it may on the facts of a particular case be a luxury, unnecessary or immaterial. what is reasonable opportunity in the indian constitutional context of art. 311(2) will depend on the facts of each case and the constitution has laid down no hard and fact rule by defining reasonable ..... and prejudice so attributed. it is obvious that pecuniary interest however small it may be in a subject-matter of the proceedings, would wholly disqualify a member from acting as a judge. but where pecuniary interest is not so attributed but instead a bias is suggested, it often becomes necessary to consider whether there is a .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-20-1961
Reported in : AIR1962Guj197; (1962)IILLJ507Guj
..... non-observance would vitiate anyorder passed by the government imposing a penalty upon a public servant. we feel that the learned judge should have allowed the application for amendment of the plaint. infact, the plaintiff had put questions in the cross-examination of one of the defendant's witnesses referring to the necessity for consultation with the ..... not part of a reasonable opportunity. it may on the facts of a particular case be a luxury, unnecessary or immaterial. what is reasonable opportunity in the indian constitutional context of article 311(2) will depend on the facts of each case and the constitution has laid down no hard and fast rule by defining reasonable ..... so attributed. it is obvious that pecuniary interest however small it may be in a subject-matter of the proceedings, would wholly dis-qualify a member from acting as a judge. but where pecuniary interest is not so attributed but instead of a bias is suggested it often becomes necessary to consider whether there is a .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-29-1961
Reported in : AIR1962Guj194; (1962)0GLR85
..... and against such a foreigner the order in question can be made. it was, however, contended by the learned government pleader that there is nothing in the amendment act to indicate that it is of a retrospective character'. the only contention urged by the learned government pleader was that the petitioner ccased to be a citizen of india ..... of this country on the date when the constitution came into force he subsequently renounced the indian citizenship and acquired the citizenship of pakistan, it would be the central government, as a tribunal under section 9(2) of the citizenship act of 1955, which would have the exclusive jurisdiction to determine that question. there is no ..... would take away from the petitioner his status as a citizen of this country. he was, therefore, held a citizen of this country. there is nothing in the amendment act also which would have the effect of rendering a person who is not a foreigner a foreigner. we are not, therefore, in a position to find any justification .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-06-1961
Reported in : AIR1963Guj32
..... seal of a court of competent jurisdiction with a grant of administration to the estate of the testator (see the definition of 'probate' in section 2 of the indian succession act, no. 39 of 1926). in effect, therefore, when an executor is granted probate, he gets a copy of a will with the certificate of the court ..... but could only be entitled to letters of administration with the will annexed. in these circumstances, the prayer in the original probate petition was sought to be amended by substituting a prayer for the grant of letters of administration with a copy of the will annexed. an order was passed by the learned civil judge, ..... of the deceased executor and to continue the proceedings as the plaintiff-applicant. on 28th of january, 1960, the substituted applicant jadeja mangalsinhji shivsinhji applied for an amendment of the prayer in the probate petition, which became necessary on the applicant having been substituted, for in the original petition for probate, the executor being the .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-31-1961
Reported in : AIR1962Guj128; (1962)0GLR269
..... court of gujarat. it is true that the high court of gujarat does exercise original jurisdiction in some matters, such as, a few matters arising under the indian companies act and under the banking laws. but, that jurisdiction is different from the jurisdiction which is exercised by the original side of the hgh court of bombay. ..... was also some provision made in section 3(2) for including certain villages in the songadh taluka of surat district and sagbara taluka of broach district. consequential amendments were also made in the first schedule to the constitution by section 4 for the purpose of showing under the heading 'the states' the states of gujarat ..... state immediately before the appointed day'. section 88 confers power upon appropriate governments to make such adaptations and modifications of law, whether by way of repeal or amendment, as may be necessary or expedient for the purpose of facilitating the application in relation to the two new states of any law made before 1st may 1960 .....
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