Court : Gujarat
Reported in : (1968)9GLR545
..... have purchased the lands and they as mere ordinary tenants with no more protection than that indicated by us in the earlier part of our judgment. the construction canvassed for by mr. shah prohibits the taking into account of such facts as the application before the deputy charity commissioner being pending or the proceedings before ..... deemed purchasers of the respective lands in their possession on the appointed day or the postponed dates as the case may be. that being the purpose, the literal construction, which would defeat that purpose or cause injustice to these very trusts must be avoided. in the instant case, for example, great hardship and injustice would be ..... hardship and injustice to the tenants also and thus defeat even the larger purpose of the statute itself. therefore according to mr. nanavati, the other reasonable construction of which the provision is capable of should be adopted and that is that what the legislature has intended is that the authority has to see whether the .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)3GLR2513
..... gujarat public works contracts disputes arbitration tribunal act, 1992. the point in issue, in view of the judgment of the supreme court in the case of sardar construction co. v. state of gujarat 1999 (3) scc 144, is already been concluded. the proceedings pending before the civil court for enforcement of the award are ..... and all arbitration proceeding in relation to such dispute before an arbitrator, umpire, court or authority shall stand transferred to the tribunal.5. in the case of sardar construction co. v. state of gujarat : [1999]1scr233 , the supreme court considered section 21 of gujarat public works contracts disputes arbitration tribunal act, 1992 and has ..... r.n. singh and r.r. shah relied upon the decision of the apex court in the case of u.p. state sugar corporation. ltd. v. jain construction co. : air2004sc4335 , wherein while interpreting the provisions of arbitration and conciliation act, 1996, the apex court found that the application for appointment of arbitrator filed and the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1996Guj54; (1995)2GLR1137
..... and pertaining to registration of motor vehicles. in chapter v of the old act, in sections 69a, 69b and 70, provisions were made in regard to construction, equipment and maintenance of motor vehicles. chapter vi provided provisions for control of traffic.21. bombay motor vehicles rules 1959 made under the old act provided statutory ..... under the act. the definition of trailer ipso facto goes to show that this submission is totally meritless. the trailer is never mechanically propelled. it is constructed for being drawn by drawing or mechanically propelled vehicle. definition of motor vehicle in the act clearly goes to show that it means any mechanically propelled ..... , it may be mentioned that central rule 92 prohibits driving of any motor vehicle in any public place without complying with provisions of chapter v relating to construction, equipment and maintenance of motor vehicles. a conjoint reading of provisions of central rule 126, section 30 of the new act, rule 47, clearly provides .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1972Guj137
..... 1930 was the cultivation thereof or grazing cattle thereon. the grantor was even careful to reserve the right to fruit-bearing trees. it would be a strange construction to hold that although the grantor expressly excluded such trees from his grant, he must be taken to have parted with his sub-soil rights by implication. ..... import of the sovereign gift, it would be against all the settled principles without paying regard to the honour of the sovereign. therefore, the aforesaid principles of constructions could not advance the case of the appellants in the present case.5. the appellants next vehemently relied upon the decision of the privy council in secy, of ..... therefore, this decision could never be pressed in service by the appellants. in rajinder chand v. mst. sukhi. : [1956]1scr889 , their lordships approved the rules of construction laid down in para 670 at p. 315 of halsbury's laws of england. vol. vii section 12 (simond's edition). their lordships did not state all the exceptions .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1966Guj116; (1965)GLR458
..... and enlarged by staton abbey. the definition on which mr. sompura relies is to be found at page 222 of the book and it is as follows: 'the art of construction of mechanism generally, comprising both prime movers and machines. it embraces designing, drawing, pattern-making, moulding, smiths' work, turn ing, boring, drilling, shaping, planing, fitting, millwright's work, boiler and ..... will be risky to hazard an exhaustive definition of that particular expression. however, one thing is quite certain that the whole of the expression which is the subject-matter of construction is not either a technical expression or an expression of art. there is internal evidence in the act itself which shows that the legislature regarded that expression as having an .....
Tag this Judgment!Court : Gujarat
Reported in : (1995)2GLR1293
..... fides and rationality'. it was argued that the power under section 260 was discretionary and the municipal commissioner was under no obligation to demolish the unauthorised construction. it was further contended that the right of the petitioner to equality guaranteed by article 14 of the constitution of india stood on a higher pedestal ..... said in the present case that no action is being taken against others by the municipal corporation or that the respondents are adopting double standards on illegal construction. therefore, the said decision as reflected from the said article does not support the petitioner.14. the contention that double action is being taken against the ..... footing and cannot be linked up with 'khatri' deposit made by the petitioner. forfeiture of such deposit will have no effect of regularising the unauthorised construction which was made by the petitioner in the cellar which was meant for parking space under the sanctioned plans. even the argument that partition wall does .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)2GLR2298
..... the present appellant. the appellant-defendant appeared before the court, filed its written statement, inter alia, submitting that notice under section 478 was absolutely legal, construction made by the present respondent [plaintiff] was illegal, without any permission under section 254 of the act and as such, the present appellant-municipality was entitled ..... to issue notice requiring the plaintiff to remove the said illegal and unauthorized construction. 4. as the parties joined the issue, the learned trial court allowed the parties to lead and produce oral and documentary evidence. after hearing the ..... dispute. in a case like present the plaintiff would always be required to satisfy the court by leading cogent oral and documentary evidence that the construction in dispute was in existence. in the present case, the plaintiff being tenant could certainly produce documents or could examine someone from the office of .....
Tag this Judgment!Court : Gujarat
Reported in : [2007]293ITR285(Guj)
..... . 67,002 under section 271(1)(c)?2. the short facts necessary for disposal of the present reference are that the assessee firm, which is engaged in the activity of construction of work, submitted a return of income, declaring the total income of rs. 1,27,824 on 30th oct., 1984. the assessment could not be completed upto october, 1985. the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2002Guj59
..... authority may approve any such alternative if it conforms to the provisions of the relevant parts of the national building code, regarding material, design and construction, and the material, method or work offered is for the purpose intended, at least equivalent to that prescribed in these regulations in quality, strength ..... revised draft plan for 10 years, implementation of draft development plan and t. p. scheme, infrastructure development, installation of drainage lines, environmental development, constructing e.w.s houses. after stating this, in the concluding portion of paragraph 9, the chairman has stated that :'all these above works i ..... strictly enforce the provisions relating to fire protective system before granting occupation certificate. (iii) existing and occupied buildings : regarding high-rise buildings which are constructed as well as occupied, the authorities shall issue notices to the owners / builders / contractors / developers/occupiers etc., asking them to show-cause why .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)3GLR2505
..... as applicable to the area concerned, deals with the building regulations and includes section 260 of the act. these provisions are to regulate the building construction for the safety, health and well-being of the inhabitants of the particular municipality or corporation. therefore the provisions should be read broadly which will ..... to the matters listed in the twelfth schedule.'the twelfth schedule reads as under:-1. urban planning including town planning. 2. regulation of land-use and construction of buildings. 3. planning for economic and social development. 4. roads and bridges. 5. water supply for domestic, industrial and commercial purposes. 6. public ..... allottees of the shops to exercise judicial discretion in moulding the relief such a discretion cannot be exercised which encourages illegality or perpetuates an illegality. unauthorised construction, if it is illegal and cannot be compounded, has to be demolished. there is no way out, judicial discretion cannot be guided by expediency .....
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