Court : Gujarat
Decided on : Jun-27-1967
Reported in : AIR1969Guj100; 1969CriLJ471
..... that the accused has hidden the property in question, one important step in resorting to the aid of illustration (a) to section 114 of the act is satisfied, viz., possession. the line of inquiry as to whether the accused person who pointed out the thing was the person who had hidden it is very clear.the difficulty with regard to the ..... expect any sense of moral obligation in one who has not moved the authorities in the matter till he was himself suspected and questioned'.'with great respect to the learned judge, i beg to defer from these latter observations made by him, which are underlined by me (here kept in single inverted commas), in my opinion, there is no ..... the principal offender if he was 'an accessory after the fact, he must be the principal offender himself, at least one of the principals'.with great respect to the learned judge, i am of opinion that the reasoning made in the observations underlined by me (here in inverted commas) does not appear to be very sound. no such duty is .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-23-1967
Reported in : AIR1969Guj292
..... to interfere with an order made by the election tribunal and while dealing with that question, venkatarama ayyar j., speaking on behalf of a full court of seven judges observed;'in air 1952 sc 04, it was held by this court that the word 'election' in article 329(b) was used in a comprehensive sense as ..... electoral registration officer. this preliminary objection was rejected by the electoral registration officer by an order dated 3rd january 1967 and he immediately thereafter proceeded to hold the inquiry for the purpose of determining whether the application should be granted or not. the petitioner gave evidence and so did the third respondent, one chandrakant karunashankar, the ..... no right to appeal against the order of the electoral registration officer under section 24 of the act and if he had no such right, the fact that an inquiry was held by the electoral registration officer and he participated in such inquiry would not confer any such right on him.15. we must of course make it clear .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-01-1967
Reported in : AIR1969Guj79
..... assistant government pleader, contended that in an appeal under clause 15 of the letters patent, this court cannot go into the questions of fact decided by the learned judge against whose decision the appeal is preferred. in our opinion, this contention is not correct clause 15 of the letters patent gives a right of appeal against the ..... are well settled (vide roseta evelyn attaullah v. jestin attaullah : air1953cal530 ; winans v. attorney general 1904 ac 287; kedar pandey v. narain bikram seh air 1968 sc 160).11. it is with reference to these well-established principles relating to the law of domicile that we proceed to test the arguments advanced by mr. mehta ..... the village of tanda in hazara district. this district of hazara was a part of british india upto the coming into operation of the independence act of 1947. that independence act created two sovereign territories out of the territory of british india; namely the dominion of india and the dominion of pakistan and this district of .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-19-1967
Reported in : (1968)9GLR194
..... court fees thereon. the opponents raised a question about under-valuation of the suit for the purpose of court fees. the learned trial judge held that the case fell within section 6(v) of the court fees act, 1959 and that court fee should be paid on the market value of the suit shop and accordingly, he appointed a commissioner to ..... is governed by the provisions of section 6(iv)(d), read with third proviso, of the bombay court fees act, 1959. the order of the trial judge was, therefore, set aside and the matter was sent back to the learned trial judge with a direction to decide the question as to whether the petitioner has properly valued the suit and paid full ..... ascertain the market value. the petitioner filed civil revision application no. 843 of 1961 against that order of the learned trial judge, which was disposed of by this high .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-25-1967
Reported in : (1968)9GLR1018
..... lays down how proceedings shall be commenced before the mamlatdar or the tribunal and it is provided that save as expressly provided by or under this act, all inquiries and other proceedings before the mamlatdar or tribunal shall be commenced by an application which shall contain the prescribed particulars. we need not enter into the ..... there was total want of jurisdiction in the mamlatdar. this basis, with respect i have to hold, is erroneous. the conclusion based, therefore, by the learned judge on this basis that the decision arrived at by the mamlatdar binds the parties on the principle of res judicata cannot stand and becomes unsustainable. in this view that ..... municipal corporation, is res judicata and binding on the parties to the litigation, is erroneous. this decision of the civil court creates an anomaly as the learned judge of the city civil court has observed that in his judgment, the decision of the mamlatdar was wrong and the mamlatdar had jurisdiction to try the issue referred .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-25-1967
Reported in : [1968]70ITR503(Guj)
..... a class of beneficiaries under a gift constitutes a section of the community or is a mere conglomeration of individuals that is not a section of the community, the inquiry must be what is the common quality which unite those whithin the class and is that quality essentially impersonal or essentially personal; if the former, the class will ..... a different view and it would not, therefore, be improper for us to find support for our view from the observation made in the judgment of the learned judge.the question which, therefore, requires to be considered is whether the purpose for which the properties are held in the present case have the public character which the ..... the old custom or usage of the community. the assessee made application to the income-tax officer claiming exemption under section 4(3) (i) of the income-tax act, 1922, for the assessment years 1960-61 and 1961-62 and the question, therefore, arose whether the income of the assessee was derived from properties held under legal .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-11-1967
Reported in : (1968)9GLR1066
..... the trial courts' decree in favour of the plaintiff for possession of the suit lands. it only varied the said decree as regards quantum of mesne profits by directing an inquiry under order 20 rule 12(1)(c). defendants 1 and 2 have therefore filed the present appeal.3. at the hearing miss shah raised the following points:(1) hat ..... no. 1, which would show that defendants 2 and 3 were representing that defendant no. 1 was the ostensible owner.9. it is, therefore, clear that the least inquiry on the part of the plaintiff would have disclosed the real fact that defendant no. 1 was neither the ostensible owner nor had he any authority to ..... claim. in those circumstances it was held that in allowing the suit to be withdrawn on this ground the court had acted without jurisdiction and the order could be reversed under section 115 of the civil procedure code, because the learned judge bad exercised jurisdiction which did not vest in him under order 23 rule 1(2). on the same reasoning, miss shah .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-02-1967
Reported in : AIR1968Guj223; (1968)GLR177
..... the legislature enacted a general rule in section 27 but provided that the summary procedure which precludes the defendants from defending the suit without obtaining the leave of the judge to defend should be applicable in suits on negotiable instruments and that the high court should have the power under s. 122, to introduce this summary procedure in ..... , therefore, refer to them. this was the state of the rules in o. 37 when the state of bombay was bifurcated by the bombay reorganization act, 1960.(4) by the bombay reorganization act, 1960, certain territories were carved out from the state of bombay and were constituted into the state of gujarat from 1st may 1960 and the state ..... laws relating to the procedure of the courts of civil judicature. the code is divided into two parts on the lines of the judicature acts in england and the rules made under those acts. the first part consists of sections which constitute the main body of the code and the second part consists of rules set out in .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-15-1967
Reported in : (1968)9GLR331
..... did not fulfil the conditions of clause (b) of sub-section (3) of section 12 of the act and was liable to be evicted. accordingly, the learned judge has set aside the conditional part of the decree of eviction passed by the learned trial judge, passed an absolute decree of eviction against the defendant-tenant, and decreed that the defendant do hand over ..... where i should give adequate time to the tenant to vacate the suit premises. accordingly, while maintaining the decree of eviction, i extend the time to vacate to october 1, 1968. and order that the applicant-tenant do hand over vacant and peaceful possession of the suit premises to the opponent-landlord on or before october 1 ..... , 1968. the opponent to continue to pay by way of mesne profits the amount of standard rent every month until he hands over possession, as aforesaid. the rest of the .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-04-1967
Reported in : (1968)9GLR987
..... of a sarpanch of the gram panchayat is to be challenged, the forum is not the civil judge, junior division as contemplated by section 24 of the act, but the forum is the competent authority as provided by section 44(6) of the act. both these sections 44 and 53 are to be read together. on reading together those sections ..... not as contemplated by section 24 of the act.section 2(5) of the act defines 'competent authority it is an agreed position that the competent authority is malpur taluka panchayat. it appears from the judgment of the learned civil judge that the present opponent no. 1 has also filed an application before the competent authority, challenging this particular election ..... if there be no civil judge, junior division, then to the civil judge, senior division, as contemplated by section 24. it does not refer to the validity of election of a sarpanch of a gram panchayat. it relates only to the validity of election of a member of a panchayat.section 44 of the act falls in chapter 5 .....
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