Court : Gujarat
Decided on : Jan-10-1972
Reported in : (1997)2GLR1460
P.N. Bhagwati, C.J.1. This Letters Patent Appeal raises an interesting question affecting the relationship of a Municipality and its Chief Officer under the provisions of the Gujarat Municipalities Act, 1963. The facts giving rise to the appeal are few and may be briefly stated as follows. Prior to the coming into force of the Gujarat Municipalities Act, 1963, Palitana Municipality was governed by the Bombay District Municipal Act, 1901. The petitioner was appointed Chief Officer of the Palitana Municipality in January 1959 and this appointment was approved by the Collector by an order, dated 20th February 1965. Though in the appointment the petitioner was designated as Chief Officer, there was no statutory office of Chief Officer under the Bombay District Municipal Act, 1901. It was only under the Gujarat Municipalities Act, 1963, that a statutory office of Chief Officer was created for the first time. Palitana Municipality, therefore, on the coming into force of the Gujarat Municipal...
Tag this Judgment!Court : Gujarat
Decided on : Apr-24-1972
Reported in : (1973)14GLR261
S.H. Sheth, J.1. Esso Standard Eastern Corporation, a incorporated in U.S.A., has its main office at Bombay and has a at Ahmedabad. 1 is hereinafter referred to for the Esso. It has been dealing in petrolium products in a Terminals at different ports in India where it has storage faculties A Okha has storage tanks for storing petroleum products such as petrol diesel oil and furnace oil. Okha had prior to 1st January 1970 is Gram Panchayat which since 1st January 1970 has been converted into a Nagar Panchayat constituted under the Gujarat Panchayats Act, 1961 there in a referred to as 'the Act' for the sake of brevity). The Okha Gram Panchayat will be hereinafter referred to as the Panchayat for the sake of brevity It had been importing petroleum products at Okha from Bombay and storing them in its tanks there. It had a bonded ware-house at ash and another at Okha maintained under the Central Excises and Salt Act, 1944. Removal of these goods from one bonded ware house to It entailed no...
Tag this Judgment!Court : Gujarat
Decided on : Nov-23-1972
Reported in : (1973)14GLR921
J.B. Mehta, J.1. The insurance company in the present petition challenges the order of the authority under the Workmen's Compensation Act determining compensation amount of Rs. 9800/- as payable to respondent No. 1 the driver and making that amount payable both by respondent No. 2 the owner of the motor vehicle in question as well as by the petitioner insurance company. Mr. Shah rightly did not challenge the relevant findings of fact which could never be characterised as perverse. The driver's pay was Rs. 125/- per month and the accident which took place on October 26, 1965 was found to have arisen out of and in the course of his employment. Mr. Shah also did not challenge the compensation amount which was fixed on the basis of the workman's injury in question. The only point which Mr. Shah raised was that an insurance company could never be made liable to pay any compensation and the Commissioner under the Workmen's Compensation Act had no jurisdiction to pass such order against the i...
Tag this Judgment!Court : Gujarat
Decided on : May-05-1972
Reported in : AIR1973Guj34
Mehta, J.1. The appellant in this appeal is a partnership firm which does the work of building contractors. The respondent is the Gujarat Housing Board (Which is hereinafter referred to as ' the Board') and which is the successor to Bombay Housing Board, against which this suit was originally filed by the appellant to recover the total amount of Rs. 2,46,641.06 with costs and interest. The suit was initially filed by the appellant in the court of Civil Judge, Senior Division, Ahmedabad. Where it was registered as Jurisdiction suit No.65 of 1959. After the formation of the City Civil Court at Ahmedabad, it was transferred to the court where it was registered as Civil Suit No. 295 of 1961. 2. The dispute between the parties relates to two contracts taken by the appellant form the respondent in the year 1956 for the construction of 250 and 176 tenements for industrial labour in Ahmedabad at Mithipur Khokhra Mehmedabad. 3. The record of the case reveals that the respondent Board had under ...
Tag this Judgment!Court : Gujarat
Decided on : Dec-04-1972
Reported in : (1973)14GLR826
..... content to state the facts only in regard to special civil application no. 233 of 1970.3. the first petitioner in special civil application no. 233 of 1970 is a limited company deemed to be registered under the companies act, 1956 and owns a textile mill situate within the limits of the corporation. the textile mill consists of land, buildings, plant and machinery ..... show beyond doubt that the word 'thereof has reference to the building of which the 'annual letting value' is to be determined by the commissioner and not to the class to which the building belongs.43. it was then contended on behalf of the petitioners that the condition that the annual rent of the building cannot in the opinion of the commissioner be easily estimated was vague and indefinite because what might ..... except textile mills and factories for the official year 1969-70 was already determined on the basis of the old definition before the ordinance was promulgated on 3rd december 1969 and the life of the ordinance was limited only upto 2nd april 1970 and it was, therefore, obvious that the ordinance was promulgated only for the purpose of hitting the textile mills and factories ..... premises on account of occupation, taxes, insurance or other charges incidental thereto:provided (hat, for the purpose of sub-clause (ii),:(a) in respect of any building or land or premises the standard rent of which has been fixed under section 11 of the bombay rents, hotel and lodging house rates control act, 1947 the annual rent thereof .....
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