Court : Gujarat
Decided on : Sep-12-1966
Reported in : (1967)8GLR436
..... the plaintiff's suit holding:(1) that as the notice claim under section 77 was one of non-delivery, it was not a valid notice under section 77 of the indian railways act, and(2) therefore, the suit must fail.on that finding the trial court held that there was no necessity of giving any finding on issues nos. 6 and 7. ..... case. the claim in that case was made against the general manager, m. & s.m. railway. both the notices under section 77 of the railways act and section 80 of the code as well as the suit had been directed against the general manager of the railway company alone. if, therefore, the contents of the notice did not reveal any intention to sue the ..... sample which were different than the present suit consignments. the plaintiff's next witness is one dalpatram parekh, ex. 72, who is the chief godownkeeper working in the lipton company, central godown, at jetalsar for the last nine years. in para 5 he has in terms stated that the tea sale in calcutta began in june when tea was received .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-27-1966
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
Decided on : Jan-25-1966
Reported in : (1966)7GLR597
..... ' and one of the illustrations which is given by the learned judge is that of a company which is incorporated by an act of parliament and that of a company which is incorporated in exercise of a power conferred by an act of parliament. in our judgment, applying this particular test to the question in hand, there cannot ..... president has thus been made a formal or constitutional head of the executive and the real executive powers are vested in the ministers or the cabinet.... in the indian constitution, therefore, we have the same system of parliamentary executive as in england and the council of ministers consisting, as as it does, of the members ..... constitution itself, the power of the president must be subject to the fundamental rights enshrined in part iii of the constitution, which constitute the main bulwark of the indian democratic republic. mr. daru submits that, therefore, the problem cannot be answered by merely determining the nature of the power of the president, but the problem .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-07-1966
Reported in : (1967)8GLR202
..... is not possible to accept this contention of mr. parikh.10. in view of the provisions of section 29(1) of the displaced persons (compensation and rehabilitation) act, 1954 the landlords had not been deprived of immediate right to possession. what happened was that they had a right to possession but the possession could not be ..... two points urged by mr. parikh, it will be necessary to consider in some detail the provisions of section 29 of the displaced persons (compensation and rehabilitation) act, 1954. section 29 provides that where any person to whom the provisions of this section apply, is in lawful possession of any immovable property of the class notified ..... filed the suit on the ground of reasonable and bona fide requirement under section 13(1)(g) of the bombay rents, hotel and lodging house rates (control) act, 1947. the defendant con-tended that the premises were not reasonably and bona fide required by the landlords. the landlords wanted the tenant to vacate the entire portion .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-11-1966
Reported in : AIR1967Guj172; (1967)0GLR686
..... had arisen before the supreme court as to whether a notification which was issued under the old companies act, 1913, empowering the district judge to entertain the proceedings under that act survived after the new companies act, 1956, which did not contain any corresponding provisions investing the district court to exercise the said ..... after the electricity (supply) act, 1948, hereinafter referred to as 'the supply act', had come into force, rating ..... to these appeals are as under:(2a) the godhra electricity company was issued a licence on 17th october 1922 by the government under the indian electricity act, 1910, hereinafter referred top as 'the electricity act', to lady sulochana chinubhai. the present company is the successor of the said licensee. it appears that .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-03-1966
Reported in : (1967)0GLR167; (1968)ILLJ160Guj
..... notice was given to all the relevant officers including the plaintiff stating that during the period mentioned therein a serious defalcation of the octroi receipts at the railway naka had occurred and that if the officers to whom notice was given had exercised supervision and check this defalcation would not arise. the notice ended by ..... view is that the conditions of service of employees under local bodies in india are to be ascertained from the special statute by virtue of which the indian municipality or other local body is created, read with such statutory rules or bylaws as have the force of law; and that if the relative ..... repealed. the enactments corresponding to the bombay district municipal act, 1901, and the bombay municipal boroughs act, 1925, were the baroda a class municipalities act and the baroda b class municipalities act, [see kadi municipality v. new chhotalal mills company (i.l.r. 6 guj. 145).] those acts therefore were repealed. paragraph 6 of the order provided for .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-09-1966
Reported in : AIR1967Guj282; 1967CriLJ1634; (1968)0GLR74
..... wherein, after hearing the parties, for reasons fully discussed, we have rejected the contentions raised in respect of the vires of section 6 and 7 of the act on the allegation that they violate the fundamental right guaranteed by article 14 of the constitution. the contentions raised in this appeal are identical with those that were ..... court, ahmedabad, in summary case no. 541 of 1964, whereby the two respondents were acquitted of the charges under section 4 and 5 of the bombay prevention of gambling act, 1887. before this appeal could be heard, on 13th june 1965, respondent no. 1 (original accused no. 1) has died. his death certificate is produced and the ..... general principles are laid down in the act to guide when such general power can be vested. in that case this power can be vested in police officers arbitrarily. in that case it would be excessive delegation of legislature power and that would be hit by article 245 of the indian constitution. 'with respect to the learned magistrate, .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-10-1966
Reported in : AIR1968Guj124; (1970)0GLR226
..... to be stated to dispose of the two petitions are as follows: in both the petitions the common petitioner is prathvi cotton mills ltd., a company registered under the indian companies act vii of 1913 (hereinafter called petitioner simpliciter). in special civil application no. 846 of 1963, it is the sole petitioner. the second petitioner in ..... such items minus the liabilities the individual has to discharge thereon. the dictionary meanings of the term 'assets' are, 'all the property of a person or a company which may be made liable for his or its debts' 'any property or effect liable to be applied to discharge debts' and 'useable or available property'. therefore ..... the intention of the parliament to treat corporations as citizens. therefore, it is not disputed by mr. nanavati that, article 19 is not applicable to a company like petitioner and petitioner, therefore, cannot move this court for the protection of the fundamental right embodied in article 19 which it in fact does not possess .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-30-1966
Reported in : AIR1968Guj101; (1968)9GLR579
..... for rs. 5,200 which gajjar had received from the kalol court. tajjar resisted the claim. during the pendency of the suit. baroda state merged with the indian union on 1-5-1949. the trial court held that gajjar having failed to challenge the order vesting rs. 5,200 in the receiver in insolvency, the ..... the creditors, the property if remained undisposed of, obviously should revert back to the discharged insolvent from whom it was taken over under the provisions of insolvency act. in the present case absolute discharge is given to the insolvent, and insolvency proceedings have terminated and receiver discharged. the creditors have been paid up, though ..... v. mulchand ratanchand : air1926bom271 where it has been clearly laid down that the property of a debtor, who has been adjudicated insolvent under the presidency towns insolvency act, 1909, vests in the official assignee under section 17 wherever it may be situated, irrespective of the question whether the latter will be able to get possession .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-15-1966
Reported in : (1967)8GLR856
..... posted at baroda, who took all the steps before and after the commencement of the impugned acquisition proceedings. suhrid geigy ltd., a company registered under the indian companies act (hereafter called the company slmpliciter), is the remaining respondent in all the petitions. this company owns about 140 acres of land in the village ranoli. petitioners also own lands measuring about 45 acres in the same village ..... suitable, it is possible that it may not be suitable to the railway company. the railway company may object to the establishment of a railway siding at a particular point on more than one grounds, such as, that the site affects its traffic line or requires the railway company to establish a railway signal, or endangers the railway traffic. from the map, it appears that the lands of petitioners .....
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