Court : Gujarat
Decided on : Feb-23-1967
Reported in : (1968)9GLR694
..... names of the tenants were entered as permanent tenants, application dated 30th july was made. nothing was done for years but then after a thorough inquiry on merits under the tenancy act, the aval karkun came to the conclusion that the tenants were not permanent tenants. no appeals were sled, no revision application was made to the ..... petitioners to have the dispute decided according to law and first directed that the inquiry be again made under section 6 of the bombay land tenures abolition laws amendment act of 1958. it appears that the said section and the other sections of that act were struck down by the supreme court as unconstitutional. so he substituted the ..... the record of rights was first promulgated in the inam village and even before the inam was abolished, the record of rights was prepared without holding any inquiry and without hearing the petitioners though in law it was necessary to give written notice to the petitioners before the entries were made in the record of rights .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-20-1967
Reported in : (1968)9GLR104
..... is further to be noticed that the suit was tried by the court of small causes and therefore, whatever record of evidence exist are only notes of the learned judge and not the full evidence as such recorded by the court. therefore, the finding of facts made by the trial court cannot be challenged on the ground that ..... to the property of the lessor or products thereof. when therefore, legislature has coupled this prohibition regarding the diversion to another use with the group of other prohibited acts, which acts are such that if done are most likely to cause waste, it would be reasonable to infer that the legislature intends that it takes its colour from that ..... wear and tear. the clause deals with voluntary waste and imposes a liability similar to that imposed upon bailees by sections 151 and 154 of the indian contract act. an act which a person of ordinary prudence using, his own property would commit is not waste although it damages the property. thus where a warehouse wasd amaged by the .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-12-1967
Reported in : (1968)9GLR340
..... that the trial court has found, as a matter of fact, that these survey numbers were uncultivated land within the meaning of section 8 of the jagir abolition act. the learned judge in the first appellate court did not decide whether the lands were waste or uncultivated lands within the meaning of section 8 of the jagir abolition ..... right to cut the trees in these various survey numbers. the trial judge also came to the conclusion on a consideration of the provisions of jagir abolition act, 1953 that in respect of the certain survey numbers the right to cut the trees which the plaintiffs had already acquired, ..... cut the trees has been transferred by the jagirdars to the plaintiffs and (2) whether on account of the jagir abolition act, that right continues in the plaintiffs at the date of suit. the learned trial judge came to the conclusion that the sale-deeds in favour of the plaintiffs by the jagirdars did confer on the plaintiff a .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-03-1967
Reported in : (1967)8GLR814
..... , to be payable monthly. i do not propose to enter into this inquiry as it is not necessary to decide it because on the broader ground that i shall be stating presently, in my view, the present case cannot fall within the purview ..... succeeded in proving that there was no dispute regarding standard rent or permitted increase. this part of the contention of mr. zaveri may even require, to my mind, a further inquiry as to whether for the purposes of sub-section 3(a) of section 12 it would be permissible to him to consider the amount of the tax, though permitted increase ..... summary remedy for recovering small sums and it was an essential part of the scheme that the judge's decision was final. section 27 of the act provided that 'save as provided by this act, a decree or order made under the foregoing provisions of this act by a court of small causes shall be final'. there is no appeal either on facts or .....
Tag this Judgment!Court : Gujarat
Decided on : May-03-1967
Reported in : (1968)9GLR93
..... them and the appellant was not entitled to restrain. mm from doing so. the appellant preferred an appeal to the district court, but the teamed assistant judge who heard the appeal came to the same cdocfttsldn and negatived the contention of the appellant that the assistant charity commissioner had no power to give inspection ..... mutaraffi of the trust objects to such inspection being gftfo. ttt otdet td determine this question, it is nedelssy to refer 16a proisf6r of the act. the act, as the preamble and the lonjj title wits passed fat the purpose of regulating arid making better provfaten fwr the adtttrnistraifori of public religious and charitabte ..... gazette, to appoint an officer called the charity commissioner and the charity commissioner is generally to superintend the administration and carry out the provision of the act throughout the state. the provision for deputy and assistant charity commissioners is made in section 5 and according to that section the deputy and assistant charity .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-07-1967
Reported in : 1968CriLJ1136
..... possession would be immaterial in this proceeding. the proviso in question empowers the magistrate to pass an order which is of an emergent nature, even before concluding his inquiry, contemplated in that sub-seation. as found by me earlier, the subject of dispute is the property in question. if the magistrate consider the case to be ..... to make has no greater force thin any civil court attachment, the effect of which is generally to restrain alienations.and referring to the observations made by another judge jwala prasad j., in that very case, which were as under:as said by my learned brother, an attachment under section 145 may have the same effect ..... debtor from transferring or charging the property in any way. such purpose is wholly foreign to the scope of a proceeding under section 145, criminal procedure code, the magistrate acting under section 145 has nothing to do with the title to the property and as concerned with maintaining actual possession with a view to prevent breach of peace. .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-29-1967
Reported in : (1971)12GLR850
..... was that in order to be appealable under clause 15, a judgment must be a judgment pursuant to section 108 of the government of india act, 1915, but a judgment given by a single judge of the high court hearing an election petition under section 80a sub-section (2) is not a judgment pursuant to section 108 but is a ..... as in the present case, where jurisdiction to try an election petition is conferred for the first time by the representation of the people (amendment) act, 1966, an order made by a single judge in the exercise of such new jurisdiction would not be subject to the appellate jurisdiction possessed by this high court under clause 15 read with section ..... to first examine the correctness of these grounds.12. re: ground (i): the question which arises for consideration under this ground is whether the judge of the high court trying an election petition is acting as a court or as a special tribunal as distinguished from a court. to our mind the language of the various sections in part vi .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-16-1967
Reported in : AIR1969Guj110; (1968)GLR729
..... court has in terms interpreted the expression 'require' in section 13(1)(g) as 'demanded or claimed.' the learned judge in terms states as under :'in view of these special safeguards provided in section 13 of the bombay act the word 'require' must be equated with 'demanded or claimed' and as anantithesis of 'pressingly needed'. the element of ..... v. nagubai m. joshi, 23 bom lr 856 = (air 1921 bom 54), where the learned judge had decided the question of bona fide and reasonable requirement in the context of section 9 of the bombay rent (war restrictions) act, 1918. in that case, it was held that a bona fide requirement of a small fraction of premises ..... important error, in that he completely neglected the consideration of the hardship that would be caused to the plaintiff, by the corridor carved out by the learned appellate judge for use by the defendants both for a passage and for displaying their articles, as the plaintiffs partner was residing upstairs. the plan. exhibit 23, produced by .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-11-1967
Reported in : AIR1969Guj34; (1969)GLR234
..... claim could be made in the reference application that came to be made under section 18 of the act.4. section 11 of the act deals with a question regarding the inquiry and award to be made by the collector.(i) he has to determine the true area of ..... that clause to the special cases to which we have already referred.' 16. it will be significant to note that the learned trial judge has not recorded the finding in categorical terms that the claimant would be entitled to rs. 3,000 by way of compensation for ..... it to be one of the grounds in support of his total claim of rs. 12,000/- and odd. the learned trial judge observed in para 10 of his judgment, in regard to this claim, as under.'the claimant has led evidence regarding the loss of ..... award was declared and as these plants were not existing or standing at the date of notification under section 4(1) of the act, was published, no question arose for laying the claim before the land acquisition officer. he, therefore, contended that the ratio of .....
Tag this Judgment!Court : Gujarat
Decided on : May-04-1967
Reported in : (1968)9GLR1
..... the interpretation which appealedto the division bench, states"...on the plain language of the section itself that view would appear to be correct. "still later on, the learned judge says "the words of the section as they stand seem to me to imply no such restriction. "now, in our judgment, though this authority has considered the main ..... , ordinarily, unless the legislature has provided to the contrary, every citizen has a right to approach a criminal court to make a complaint in regard to a criminal act. to put the same idea another way, every criminal court has got jurisdiction to take cognizance of a criminal offence, whatever may be the source from which the ..... c) of sub-section (1), the term 'court' includes a civil, revenue or criminal court, but does not include a registrar or sub-registrar under the indian registration act, 1877. (3) for the purposes of this section, a court shall be deemed to be subordinate to the court to which appeals ordinarily lie from the appealable decrees or .....
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