Court : Gujarat
Reported in : (1968)9GLR171
..... for earning recompense or reward for such carriage. if the view contended for by mr. j.r. nanavati were accepted, the result would be that even a corporation like the indian airlines corporation which carries the passengers going by its flights from the airport to the city office and back would be said to be using its motor vehicle for the ..... transport officer, however, on the strength of this checking report issued a notice dated 26th april 1965 to the petitioner under section 33(1)(b) of the motor vehicles act calling upon the petitioner to show cause why the certificate of registration in respect of his car should not be suspended on ground that the car was being used for ..... use his car for the carriage of passengers for hire or reward so as to make it a public service vehicle requiring permit under section 42 of the motor vehicles act, 1939. the petitioner is a hotelier having a hotel in udwada which he runs in the name of majestic hotel. udwada is a small town situate on the west .....
Tag this Judgment!Court : Gujarat
Reported in : (1968)9GLR672
..... certain type of documents which are exempted from any court-fee stamp required under the act. clause (xii) thereof relates to a complaint of a public servant (as defined in the indian penal code), municipal officer, or an officer or servant of a railway company. if, therefore, a complaint is filed in respect of any offence before a ..... magistrate by a public servant as defined in section 21 of the indian penal code or by a municipal officer, it would ..... other side, the learned magistrate passed an order wherein he observed that under section 73 of the gujarat municipalities act every municipal officer or servant of the municipality is a public servant defined in section 31 of the indian penal code. since the complaint was, thus, filed by a public servant viz. by the sanitary inspector .....
Tag this Judgment!Court : Gujarat
Reported in : [1968]70ITR194(Guj)
..... division bench of the bombay high court, and at page 604 of the report it was observed as follows :'there is no doubt that under the indian income-tax act even payments, which are voluntarily made may constitute income of the person receiving them. it is not necessary that in order that the payments may constitute ..... the assessee and it was from a definite source that the assessee received these periodical payments and the systematic return, viz., these payments from the said two companies could be expected with regularity. under these circumstances, applying the principles laid down by the allahabad high court and the bombay high court in the cases cited ..... payments were merely gratuitous made to a member of amin family by virtue of the controlling power which the family exercised over the managed and the managing companies.during the assessment proceedings relating to the income of the assessee she did not object to the amounts, which she received from alembic glass industries ltd. and .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1969Guj178; (1969)GLR457
..... of this exception in rule 4 only to the case where the partner dies makes it amply clear that otherwise the provisions of section 45 of the indian contract act would normally prevail and any suit without joining all the partners or by the compendious use of the firm name without disclosing all the partners would obviously ..... the plaintiff-firm also claimed that it was entitled to a deduction while taking accounts for the various expenses which it had incurred on behalf of the defendant-company for realisation of those three earmarked assets by keeping staff, by fighting litigation and which were inextricably connected with those three earmarked assets. a suit was filed on ..... government, a suit which was in reality though not in form against the maharaja of sirmur, was barred by section 86 and section 87b. see gaekwad baroda state railway v. hafiz habib-ul-haq, . consequently, the suit so far as it was one against the maharaja of sirmur was incompetent and the decree against the firm .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1970Guj97
..... indian penal code, the supreme court said:-'according to this clause, every officer in the service or pay of the government or remunerated by fees or commission for the purpose of any public duty would be a public servant. a person who is directed to investigate into the affairs of an insurance company under section 33(1) of the insurance act ..... the government; (b) in the service or pay of a local authority, a corporation established by or under a central, provincial or state act or a government company as defined in section 617 of the companies act, 1956 (i of 1956).' it will be noticed that under clause (a) of the said clause which now corresponds to the last ..... a local authority or (ii) of a corporation engaged in any trade or industry which is established by the central provincial or state act or of a government company as defined in sec.617 of the companies act, 1956. it is not the contention of the learned assistant government pleader that accused no. 1 would fall in the second category .....
Tag this Judgment!Court : Gujarat
Reported in : (1969)10GLR288
..... making the award would be extended by the court.we might also mention that the view expressed by raghubar dayal, j. gets support from section 5 of the indian arbitration act. section 5 says that the authority of an appointed arbitrator or umpire shall not be revocable except with the leave of the court, unless a contrary intention is ..... has tried to urge before us that the point which was decided by the supreme court in this case was decided on an application under section 33 of the indian arbitration act. according to mr. shah, the court which is seized on an application under section 33 is competent to pronounce upon the validity or otherwise of an award. ..... act. the union of india called upon the respondent no. 2 col. s.k. bose to adjudicate upon the matters in dispute between the respondent no. 1 and the appellant company. the appellant's allegation was that this purported reference to respondent no. 2 for adjudication on the matters alleged to be in dispute between respondent no. 1 .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1970Guj59; (1970)0GLR330
..... :-3. the plaintiff had entered into a contract for a railway siding at petlad for their mills with the then b.b. & c.i. railway company administration. that agreement is ex. 33, dated 20-1-1922. the said agreement was continued when the union of india took over the administration of all the indian railways. by a letter, dated 3rd sept., 1955. ex. 21, the ..... , the relevant observations have been made:-'(1) where the money is not legally due without an agreement, but is due under an agreement obtaine dby the threat to do an act which may be lawfully done, if the agrement is not made, both the agreement and the threat are lawful, the direction would make them unlawful. if the agreement is unlawful .....
Tag this Judgment!Court : Gujarat
Reported in : (1969)10GLR1036
..... with the provisions of the said are inconsistent with the provisions of this schedules accordingly, and any provisions section and the said schedule and table. of the indian electricity act, 1910, and (2) where the provisions of the the licence granted to him thereunder and sixth schedule and the table appended to the of any other law ..... court as well.2. the suits in questions are representative suits, the plaintiff's-appellants who are consumers of electricity in the godhra area sued the respondent-company on behalf of all the consumers in that area seeking to restrain the respondent from enforcing the enhanced charges sought to be collected from the consumers of powers ..... motive power.3. the facts leading to these may now be stated. on november 19, 1922, the then government of bombay granted a licence under the indian electricity act, 1910 to a concern called lady sulochna chinubhai and co. authorising it to generate and supply electricity to the consumers in godhra area. clause 10 of the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1969Guj349; (1969)GLR769
..... board, air 1967 sc 295, as to the extent of reviewability of any of the facets of the discretionary power conferred under section 237(b) of the indian companies act, 1956, has been fully answered. after taking into account the fact that the statute in question was a post-constitutional statute, subject to the mandate of ..... is a property right guaranteed to under the constitution. 9. we would now turn to the relevant provisions of the act under consideration. as it is mentioned in the statement of objects and reasons, the indian arms act, 1878, was intended to disarm the entire nation at the time of the british rule in the country. after independence ..... was achieved, the arms act, 1959, has been enacted which has liberalised the provisions by excluding certain arms like knives, spears, .....
Tag this Judgment!Court : Gujarat
Reported in : (1971)12GLR93
..... . these revision applications raise an interesting question of law relating to the scope and ambit of former section 77-now re-numbered as section 78b-of the indian railways act, 1890. the facts giving rise to these revision applications are similar and it would, therefore, be convenient to state the facts of only one revision application ..... dismissal of the suits. these issues raised the question whether the petitioners were entitled to maintain the suits without serving notice on the railway administration under section 77 of the indian railways act. i am referring here to section 77 as that was the number of the relevant section at the time when the suits were ..... the words 'demurrage' and 'wharfage' are defined in section 46c clauses (d) and (h) of the indian railways act, 1890. demurrage and wharfage charges are thus charges levied in respect of goods retained in the wagons or railway premises beyond the free time allowed for clearance under the rules. subba rao j. speaking on behalf of .....
Tag this Judgment!