Court : Gujarat
Reported in : (1973)14GLR227
..... m. sheth, j.1. this revision petition is filed by the original defendant (tenant) under section 29(2) of the bombay rents, hotel and lodging house rate control act, 1947 (which will be hereinafter referred to as 'the act') against the judgment and decree passed by the appellate bench of the small causes court at ahmedabad in civil appeal no. 316 of ..... of sub-section (2) of section 12. sub-section (2) provides that even if a tenant is guilty of nonpayment of rent, the landlord is not entitled, under the bombay rents, hotel and lodging house rates control act, 1947, to ask for possession of his premises from the tenant straightaway. he is required to given a notice of demand of ..... on the first day of the hearing of the suit the tenant pays or tenders in court the amount of the rent due from him. so, under the provisions of the bombay rents, hotel and lodging house rates control act, 1947, a landlord is not entitled to recover possession of his premises from his tenant as soon as the tenant .....
Tag this Judgment!Court : Gujarat
Reported in : (1983)1GLR145
..... no such discussion on this point in the order passed by the learned additional sessions judge.8. as laid down by the supreme court in the case of state of karnataka v. k.b. walvakar reported in : 1981crilj867 , it is within the discretion of the authority to either order the confiscation of the entire stock in relation to which the ..... natural decay or it is otherwise expedient in the public interest so to do, he may-(i) order the same to be sold at the controlled price, if any, fixed for such essential commodity under this act or any other law for the, time being in force; or(ii) where no such price is fixed, order the same to be sold by ..... such forced hoarding? the society at large suffers on account of the fact that the essential commodity remains withdrawn from the stream of supply. if the essential commodity is not controlled item, in the sense that it is not required to be sold at a particular price, then surely the dealer will get higher price on account of the continuous rising .....
Tag this Judgment!Court : Gujarat
Reported in : (1983)1GLR531
..... one is prepared to perpetrate a little violence on the language used in the section. adopting the same analysing section 436 as done by the learned single judge of the karnataka high court would also show that the main emphasis of the language is on the fact that when any person other than a person accused of a non-bailable offence ..... consider the bail application as the accused would be considered to have been in custody within meaning of section 439. custody, in the context of section 439, is physical control or at least physical presence of the accused in court coupled with submission to the jurisdiction and orders of the court. he can be in custody not merely when the ..... to see whether the receipt of the copy of the fir under section 157 by the learned magistrate can be deemed as a stage of proceeding enabling the magistrate to act under section 436(1). it is not in dispute that the petitioner has been cited as an accused in the fir which discloses only bailable offences. if there would .....
Tag this Judgment!Court : Gujarat
Reported in : (1984)2GLR1140
..... unfettered discretionary power since there was no guideline in the code or the rules and the power was uncanalised and arbitrary. this challenge found favour with the karnataka high court which held that rule 81 under challenge conferred unguided and uncontrolled power and it also suffered from the vice of excessive delegation and, therefore, ..... striking down the provision on the ground that the commissioner enjoyed wide arbitrary discretion uncontrolled by any guidelines. the discretion is not only controlled but there is sufficient guidelines in the act and the rules and therefore the high court was in error in striking down the amended rule 81...42. in view of the ..... upon the purpose for which the building is used, the nature of the structure, the town and locality in which the building is situate, the economic rent which may be obtained from the building, the cast of the building and other related circumstances which may appropriately be taken into consideration in any rational system .....
Tag this Judgment!Court : Gujarat
Reported in : (1985)1.GLR57
..... housing board : [1954]1scr572 the supreme court upheld the exemption of premises belonging to the government or a local authority from the provisions of the bombay rents, hotel and lodging house rates control act, 1947. in collector of malabar v. e. ebrahim : 1957crilj1030 the supreme court upheld the provision for special modes of recovery for income tax. in ..... the seventh schedule delineate the various fields in which each of the legislatures would be competent to make enacting exercise.17. section 3 of the karnataka public moneys (recovery of dues) act is more or less in the same form as section 3 with which we are concerned here. it was contended in that case also, as ..... is controversial, but we need not go into it here. without expressing any view on it it is sufficient to express our view, in respectful disagreement with the karnataka view, that entry 43 will not have application to the case since that relates only to claims arising outside the state. the case before the court, as the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1987Guj234; (1987)1GLR514
..... to decide these revision applications on merits.13. the learned advocate general appearing for the state has submitted that in the matters and questions arising under essential commodities act and the control orders there under, the civil court has no jurisdiction whatsoever to entertain a civil suit and in any case, the civil court should not interfere with any ..... articles and not with a part of the stock.35. the learned counsel for the respondent has also relied on a case of sublias motichand seth v. state of karnataka, 1978 cri lj 736 (kant), wherein it has been held that seizure can be only of those goods in respect of which contravention is alleged to have been ..... -plaintiff.34. in the case of telegram relumal v. state of bombay : [1955]1scr158 , this phrase 'in respect of ' occurring in s. 18 of the bombay rent act was considered and it was construed to mean 'relating to or with reference to'. putting these words, the articles which could be seized are in relation to or with reference .....
Tag this Judgment!Court : Gujarat
Reported in : (1990)1GLR384
..... 492) lays down that workmen engaged by contractor working for management, without holding valid licence, would be workmen engaged by the management itself. 12. the decision of the karnataka high court in the case of f. c. i. loading and unloading workers union v. food corporation of india, reported in (1987-i-llj-407) lays down ..... from march 1, 1985 as such there is no contractor though on paper the corporation might have shown the names of some contractors. in fact, the entire control and supervision was done directly by the corporation qua its employees in the aforesaid eleven depots. it is also stated by the petitioner-union that the contractors shown ..... only. 15. we are in respectful agreement with the principles laid down in the decisions of the madras, karnataka and punjab & haryana high courts. 16. the food corporation of india was set up under the food corporation act, 1964. it can without incurring the liability of employing workmen where work is of an intermittent nature, employ .....
Tag this Judgment!Court : Gujarat
Reported in : (1991)2GLR1225
..... nature of the contract for sale of goods, had once again arisen before the supreme court of india in the case of hindustan aeronautics ltd. v. state of karnataka : [1984]2scr248 . in this decision while putting the significant difference, between the works contract of service and contract for sale of goods, very succinctly, the ..... gobar salt, etc., to the dyes of diverse quality and concentration. it was pointed out that the abovesaid addition of gobar salt, etc., was not an act of manufacturing. again here we are not concerned with the question of manufacturing something from some other commodity, and therefore, we feel that the abovesaid bench decision ..... sales tax officer, ahmedabad, the assessee-company had claimed that the transactions were works contracts, and therefore they did not attract any tax whatsoever under the act. the assessee-company therefore had requested that the amount of purchase tax already paid by them should be refunded. in the alternative, the assessee-company had .....
Tag this Judgment!Court : Gujarat
Reported in : 1992(60)ELT550(Guj)
..... the state of gujarat would stand discriminated against the manufacturers in the state of maharashtra, uttar pradesh, west bengal, andhra pradesh, tamilnadu, punjab, haryana and karnataka wherein the high court of the concerned states have held that the writ jurisdiction can be exercised even in respect of refund claim relating to the period beyond ..... to minimise inequalities in income and endeavour to eliminate inequalities in status, facilities and opportunities. the state is under obligation to see that the ownership and control of the material resources of the community are distributed so as best to subserve the common good. it is also under obligation to see that the operation ..... aforesaid articles to be falling under tariff item no. 68, i.e. not elsewhere specified, of the first schedule to the central excises and salt act, 1944 ('the act' for short). therefore the petitioner paid excise duty on the basis that the product was covered by tariff item no. 68. according to the petitioner .....
Tag this Judgment!Court : Gujarat
Reported in : (1993)1GLR132
..... supplied.18. in the case of hameedia hardware stores (supra) the supreme court practically redrafted section 10(3)(a)(iii) of the tamil nadu buildings (lease and rent control) act, 1960. this was done with a view to avoiding frustration of the legislative intent in enacting the relevant provisions contained in section 10 thereof.19. it thus ..... observations flowing from the law of lord denning, l.j. have received approval from the apex court of this country in its rulings in the case of state of karnataka and ors. v. hansa corporation reported in : [1981]1scr823 and in the case of hameedia hardware stores v. b. mohan lal sowcar reported in : [1988] ..... supra) the supreme court supplied the required pause and punctuation after the word 'ad valorem' occurring in section 3 of the karnataka tax on entry of goods into local areas for consumption, use or sale therein act, 1979 so that the expression 'as may be specified by, the state government' would qualify both the expressions 'local area' .....
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