Court : Gujarat
Decided on : Aug-10-1967
Reported in : AIR1968Guj193; (1968)GLR161
..... actual possession should be delivered to the plaintiff from the mortgagor and from his tenant. the learned civil judge held that section 65a of the transfer of property act was subject of the provisions of section 52 of that act and that the tenancy was created by the mortgagor after the final decree was passed and before the decree ..... was completely satisfied and, therefore, section 52 of the transfer of property act came into operation and the tenant could not get the benefit of the lease. the learned civil judge, on this view, ordered actual possession to be given to the auction purchaser. against this order, the tenant ..... sale of that property, came within the purview of s. 52 of the transfer of property act. that was a case of a mortgage of a four pies share in a village, and not a mortgage with possession. the learned judge said (p. 360): 'the lease was executed undoubtedly during the active prosecution of a contentious suit. . . . .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-17-1967
Reported in : (1967)0GLR494; (1968)IILLJ638Guj
..... s. 161, indian penal code. under these circumstances, this explanation of the accused was rejected and the presumption under s. 4(1) of the act was relied upon by the learned trial judge for deciding the case against the accused. 10. at the hearing of the appeal, sri trivedi, on behalf of the appellant, mainly argued the ..... . the resolution was passed on 30 november, 1963, but the notice appears to have been dated 29 november, 1968. on 12 november, 1963, ratanji had filed regular civil suit no. 140 of 1968, in the court of the civil judge, jr. division, mangrol, challenging the sale transaction by the vendors in favour of hamir lala and natha kala. ..... an application for contempt of court alleged to have been constituted by breach of that injunction. on 24 january, 1964, the present accused gave evidence before the civil judge, jr. division, mangrol, supporting ratanji's version is those contempt proceedings. as to what was the exact state of repairs to the building in question, a panchnama .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-14-1967
Reported in : AIR1968Guj276; (1968)9GLR932
..... the contract which may be taken into consideration in finding as a fact the place where the money was agreed to be paid. in this case, the learned judges have tried to exhaustively discuss this question and have referred to decisions of various high courts including the bombay high court. they have also referred to the privy council ..... the contract that payment should be made in rangoon. accordingly, part of the contract was preferable in rangoon so as to satisfy section 49 of the indian contract act, and there was jurisdiction to entertain the suit.'no manner of doubt can be raised that their lordships of the privy council definitely laid down that section 49 of ..... to one of them. in bharumal v. sakhawatmal, : air1956bom111 the division bench of chagala c. j. and dixit j. held that strictly, section 49 of the contract act only comes into operation when there is an application by the promisor to the promisee. where it is not suggested that the promisor made any application to the promisee for .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-14-1967
Reported in : AIR1968Guj118; [1968(16)FLR54]; (1967)GLR1012
..... was the immediate exciting cause of chandulal's death. if that is so, injury was caused to chandulal as a result of an accident. the learned single judge who heard the first appeal against the order of the learned commissioner, set aside the order of the learned commissioner granting compensation on certain principles which have been ..... which has been urged before us by mr. jaykar on behalf of the workman. as english judges have from time to time pointed out, any decision under the workmen's compensation act is not an easy decision free from difficulty. learned judges for a long period in england have construed the various expressions used under the workmen's ..... compensation act and it is not always easy to reconcile all the decisions, and therefore one must .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-16-1967
Reported in : [1968]69ITR88(Guj)
..... containing its findings on the question whether the income-tax officer initiating proceedings by serving notice under section 34(1)(a) on daulatram, after diligent and bona fide inquiry, believed daulatram to be the sole legal representative of chooharmal wadhuram. the tribunal will give its finding on the material already on record and will submit the ..... the consideration of the high court and remanded the matter to the high court to come to its own conclusions in regard to those points. the learned judge made it clear that the observations made by the supreme court were not intended to be the final decision of the supreme court on the various aspects of ..... ignore the fact that during the relevant previous years karachi was a part of british india and its income was liable to be assessed under the income-tax act and merely because subsequently karachi, which was the place of residence of the assessee, because part of pakistan, the assessee cannot escape his liability to indian income .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-14-1967
Reported in : [1968]69ITR782(Guj)
..... company paid to some of its officers. the assessee-company claimed that the payment made by it was a permissible deduction under section 10(2)(xv) of the act of the act of 1922. it was held by the bombay high court that looking at the payment from the point of view of commercial principles, what the assessee had done ..... was wholly and exclusively expended by it for the purpose of its business and was, hence, a deductible allowance within the meaning of section 10(2)(xv) of the act. 19. a copy of the memorandum and articles of association of the assessee-company has been taken on the record since it was already before the tribunal; and the ..... the process of profit-making. (2) the test for the purpose of deciding whether a particular amount can be allowed as deductible allowance under section 12(2) of the act is whether the transaction is properly entered into as a part of the assessee's legitimate commercial undertakings in order indirectly to facilitate the carrying on of its business. if .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-15-1967
Reported in : (1968)GLR873
..... bench of this court said in civil revn. appln. no. 1089 of 1966, d/- 2-2-1967 = (air 1968 guj 223). that revision application was also directed against a judgment of raju j. where the learned judge had held rules 142 to 148a ultra vires inter alia on the ground that the proviso to article 227 prevented the high ..... hearing a revision application against the order of the state government rejecting an application for a mining lease under section 19 of the mines and minerals (regulation and development) act, 1957 read with the amended rule 55 of the mineral concession rules, 1960 and the question was whether the central govt. while making an order rejecting the revision ..... may even be wholly wrong. that is not a matter into which this court acting in exercise of its revisional jurisdiction can enter, though we may point out that on a consideration of the plaint and the affidavits we are satisfied that the learned judge was right in granting to the defendants leave to defend the suit on condition .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-21-1967
Reported in : 1969CriLJ322; (1968)0GLR890; (1968)IILLJ630Guj
..... 17 february and 17 march, 1965, and hence, they could not be convicted under the amended provision of s. 29 of the act.' 21. with respect to the learned additional sessions judge, i may say that his approach to the problem was erroneous as there is really no question of giving retrospective effect to the amending ..... into force. it was, therefore, contended that even though such an amending act would have a prospective operation, the offence in question having been committed, subsequent to the creation of such an offence, the learned additional sessions judge is not justified in observing that for such an offence the opponents cannot be tried. he also ..... came to be heard by the learned additional sessions judge and he has made this reference under s. 438 of the criminal procedure code. 4. the learned government pleader, sri sompura, appearing on behalf of the state, states that he concedes to the position that the penal amending act cannot have any retrospective operation. he urged that in .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-17-1967
Reported in : [1968]69ITR288(Guj)
..... is no reason why it should not be held applicable in a case where the gift is only of personality. founding himself on these observations of the learned judge, the learned advocate-general contended that since this rule was a rule of construction not based on any peculiarity of the english law, there was no reason why ..... he said : 'further this rule of construction namely, the gift-over modifying the prior gift, has not been adopted by the transfer of property act, or the indian succession act, while those acts have adopted the other rule of construction in the exception to which i have referred. i think it is safe to s confine myself to the ..... creating a contingent interest in the corpus in the assessee. such consequence followed inevitably from the application of the rule enacted in section 21 of the transfer of property act. the revenue contended that the words 'on the death of the settlor leaving surviving her, her husband......' were not words of contingency governing the vesting of the .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-12-1967
Reported in : AIR1969Guj14; 1969CriLJ63; (1968)GLR925
..... convenience, different areas in the city of ahmedabad have been allotted to different city magistrates, would not come in the way of making or having an inquiry or investigation made by any police officer under section 202 of the criminal procedure code. so far even the learned magistrate does not appear to feel any difficulty, ..... the complainant in respect of the non-cognizable offences punishable under sections 78 and 79 of the act and before issuing process he would be justified if he thought proper to direct any police officer for making an inquiry or investigation and that would be for the purpose of ascertaining the truth or falsehood of the ..... under sections 78(b) and 79 of the trade & merchandise marks act, 1958, hereafter to be referred to as 'the act. towards the end of the complaint, he has requested the learned magistrate to directthe inspector of police, crime branch, ahmedabad, to make inquiries and find out the persons dealing and manufacturing such counterfeit goods so .....
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