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 : 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 in those circumstances it was held that in allowing the suit to be withdrawn on this ground the court had acted without jurisdiction and the order could be reversed under section 115 of the civil procedure code, because the learned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 : Mar-14-1967
Reported in : AIR1969Guj124; (1968)GLR409
..... .union of india : (1961)illj339sc .* * * * *we have preferred to quote extensively from the above decision as in our view, the submission of the learned acting advocate general that the principles decided in that case should govern the present case is correct and it will be proper to see whether, having regard to these principles, it ..... the court in all suits cognizable by it except where such procedure is inconsistent with the procedure prescribed by any specific provisions of the presidency small came courts act, 1882, or with these rules.' the schedule provided by the said rules includes the application of the summary procedure of order xxxvii, civil procedure code, but has deleted ..... reason to do so and, with respect, adopt the reasoning and conclusion reached by the learned judge to be correct.27. an effort was made on behalf of the applicant to rely on the decisions in respect of the inquiry under article 311(2) of the constitution wherein it had been held that even in an administrative .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-20-1967
Reported in : (1967)8GLR897
..... 71. section 71, argued the petitioners, was mandatory in its terms and it provided clearly and specifically that, save as expressly provided by the tenancy act, all inquiries and other proceedings before the mamlatdar or the tribunal shall be commenced by an application which shall contain the particulars set out in the section. the petitioners ..... 71. this contention is unsustainable and must be rejected. section 71 undoubtedly requires that save as expressly provided by or under the tenancy act all inquiries and other proceedings before the agricultural lands tribunal shall be commenced by an application and, therefore, unless there is some express provision to the contrary, ..... dahyabhai v. the gujarat revenue tribunal civil appeal no. 365 of 1966, to which i have already referred, confirmed the view taken by the learned judge. dealing with the argument of the appellant that the agricultural lands tribunal had no jurisdiction to deal with the question whether the appellant was or was not .....
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 : Apr-24-1967
Reported in : AIR1968Guj257; (1968)0GLR1002
..... district judge disagreed with the view taken by the learned charity commissioner and found that it is barred by ..... the law in that respect as it stood prior to 1950, and thereafter, with the coming in force of the bombay public trusts act, 1950. a special machinery is provided for making inquiries with regard to any such trust properties and apart from any person being entitled to make any such application, even the assistant or ..... same which was directly and substantially in issue in the inquiry before the deputy charity commissioner, ahmedabad, and since that material ingredient was wanting, there was no bar of res judicata to the said inquiry. in the application filed under s. 72 of the act before the district judge, ahmedabad, the same plea was raised and the learned .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-20-1967
Reported in : AIR1969Guj48; (1969)GLR253
..... the medical opinion that a person was an idiot because by the mere deficiency in reasoning power he was unable to manage his affairs was useless in the inquiry as to whether the person was an idiot in the eye of law. the testwhich was applied by the division bench was that a person who was capable ..... lunacy'. mr. vakil in this connection vehemently relied upon the decision of phillimore j. in whysall v. whysall, 1959 (3) all er 389, where the learned judge had interpreted the expression 'incurably of unsound mind' in a similar matrimonial legislation in england. on parity of reasoning mr. vakil argued that we should include even feeble-minded ..... , therefore, consider the import of these three relevant expressions, 'idiot', 'lunatic' and a person oil 'incurably unsound mind' in the context of the aforesaid scheme of the act.6. in titli v. alfred robert jones : air1934all273 , the division bench consisting of sir sulaiman c. j. and mukherjea j. had to consider the difference between medical and .....
Tag this Judgment!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 : Jul-21-1967
Reported in : AIR1968Guj218; 1968CriLJ1173; (1968)GLR886
..... my attention to the case of apabhai hemabhai v. state of gujarat : air1962guj218 . a division bench of this high court has observed therein as under:--'in an inquiry or proceeding under chapter xviii of the code of criminal procedure, the magistrate without recording reasons, simply declined to commit the accused to the court of session under ..... triable by the court of session. nevertheless, 'discharge' as contemplated in section 437 is from the 'case' or 'matter' in respect of which the sessions judge directs the magistrate to commit an accused person to the court of session. though it is reasonable to presume that the same meaning is implied by the use of ..... it could be said reasonably that he had an intention to cause grievous hurt or at any rate he could be reasonably attributed with the knowledge that his act was likely to cause grievous hurt. the learned magistrate was, therefore, fully justified on convicting the appellant of the offence punishable under section 325 of the indian .....
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 .....
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