Court : Gujarat
Reported in : AIR1970Guj269
..... even if natwarlal was a partner of the firm in his individual capacity and not in his capacity as a head of the family representing all the members of the family, they would be liable to the extent of their share or interest in the joint family property by reason of the doctrine of pious obligation to discharge the debts of their father who was the partner of the firm till his death and in respect of which no demand was made ..... arisen whether the transaction was a loan or deposit for the purposes of the indian limitation act, it was held that the transaction was not a loan falling within arts. ..... other point raised by him is that the right and share in the ancestral joint family properties of chhotalal lallybhai, with ..... circumstances, it is abundantly clear that the interests or shares in the joint family property so far as defendants ..... they admitted the amount due from them, they denied the liability of the other heirs and legal representative of chhotalal, including in respect of their shares in the ancestral or joint family properties of chhotalal. ..... that chhotalal lallubhai had ten annas share as against six annas share in a rupee of ramprasad lallubhai. ..... also not alleged that chhotalal had contracted a debt which was illegal or immoral so as to enable them to avoid their liability in regard to their share or interest in the family property. ..... say otherwise, with a view to enable other members of the family escape the liability to the extent of their shares in the joint family property. .....
Tag this Judgment!Court : Gujarat
Reported in : (1984)1GLR237
..... defendant bank was the subject of a contract entered into by them and it is that contract which regulates the rights of the parties and not section 176 of indian contract act; under this contract the 2nd defendant bank was given the authority to sell the shares on the default of meyer nissim at its discretion, and, therefore, no question of giving notice to the pledger could arise under the terms of the contract. ..... of section 152, which allows a bailee to undertake a higher responsibility, and to the absence of provisions allowing a bailee to limit such liability, the amount of care required by section 151 is irreducible by any contract between the parties.a contract limiting such liability will be opposed to public policy and void under section 23 of the contract act, as it will be against the interests of the mercantile community and not necessary in the interests of the shipowners.now the proposition ..... the provision in section 152 that a bailee may undertake a higher responsibility, the absence of a similar provision that he may limit the liability imposed by section 151, and the fact that, in the chapter ix relating to bailment, whenever a rule of law is intended to operate only in the absence of a contract to the contrary it is expressly so stated (see ..... and the judicial committee relied upon this section to hold that these provisions do not limit the liability imposed by the common law rule recognized in the carriers act, 1865, which was the only point decided in that case. .....
Tag this Judgment!Court : Gujarat
Reported in : 1984(16)ELT190(Guj)
..... attributes of an officer in charge of police station investigating case under chapter 14 of the code though he possessed a part of these attributes which were limited for the purposes of holding the enquiry and, therefore, the statements made during such inquiry under section 8(1) of the act wherein on a bare statement made during the course of an investigation under the code, section 162 of the code would not apply with full force on ..... an officer in charge of the police station investigating a case under chapter 14 of the code of criminal procedure and, therefore, entitled to ask for remand of the accused to his custody. 10. having examined the scheme of the customs act particularly sections 100, 101 and 102 pertaining to search and seizure by the customs officer, section 104 pertaining to the power to arrest a person without warrant or order of magistrate, who, he has reason to believe to be guilty ..... the accusation or information to the police officer is well founded the officer in charge of the police station has to forthwith transmit to the nearest magistrate the copy of the entries relating the acquisition in his diary and at the same time forward the accused to such magistrate. ..... bench decision rests on the three earlier decisions of the supreme court and, therefore, assuming that lakshmi brahman's case strikes a note of dissent it is a question of preferring and following the other line of decisions in the earlier three cases of the supreme court followed by the full bench. .....
Tag this Judgment!Court : Gujarat
Reported in : 1984CriLJ1790
..... justice krishna iyer's committee has noted:.that the legal profession is merely an aspect of 'the capitalistic society', which is an 'acquisitive society' where the 'greatness of a lawyer is measured by the amount of the fees he charges and not by the quantum of social service which he renders as ..... since the matter is of an urgent nature and final hearing is fixed on 10.2.1984, and since the subject matter of said petition is concerning the advocates class as a whole, this committee unanimously resolves that the state bar council should intervene in the said matter to support ..... famous historian, speaking of jehangir's system of administration of justice said : 'mogul justice had a silver lining: it had no lawyers'. ..... so would amount to-(1) crossing the limits of the scope and purpose of ..... of commission to a lawyer and payment of certain share of fees to a tout - would not amount ..... is the grievance, the same is shared by all the members of the lawyers ..... as stated in the resolution passed on february 2, 1984 by the executive committee of the state bar council of gujarat (hereinafter referred to as 'the bar council' which is produced on record, the agitation was with respect to the appointment and transfer of chief justices ..... contained sonic imputations against the bhangi community in general to the effect that the said community was held lower in status in the eyes of the brahmins, that would not, by itself, amount to an act of defamation. ..... described in the rules framed under the advocates act. .....
Tag this Judgment!Court : Gujarat
Reported in : (1984)2GLR1244
..... ranganatha reddy : [1978]1scr641 the validity of the karnataka contract carriages (acquisition) act, 1976, which empowered the state government to acquire contract carriages, their permits and other assets for running them for purposes of state transport corporation with a view to prevent the misuse of contract ..... with its reorganisation, which was published in december, 1954 that the committee had suggested, inter alia, state partnership with co-operatives and this section 51 was introduced in the bombay co-operative societies act empowering the government to subscribe directly to the share capital of the societies with limited liability. ..... the division bench further held that co-operative societies are primarily intended to carry on business on co-operative lines and they are not merely charitable, cultural or political societies having no business objective, and if co-operative societies in a particular region are found to be functioning unsatisfactorily thereby affecting credit system in the area and ..... that provisions relating to liquidation and consequential matters are codified and are brought in line with the provisions of the companies act, 1956 is also indicative of this anxiety on the part of the state ..... the argument was also elaborated on the same lines before us as was done before the full ..... also for the first time that a scheme of the winding-up, liquidation and dissolution of societies on the lines of the indian companies act, 1913 was incorporated in the 1925 act. .....
Tag this Judgment!Court : Gujarat
Reported in : (1986)51CTR(Guj)309; [1987]164ITR107(Guj)
..... the case of a house owned and exclusively used by the assessee, the assessee has been given the option of valuing the asset on the two dates mentioned in section 7(4) of the act; but while valuing the asset under section 7(3) or section 7(4) read with sections 16a(1) and 16a(5), the valuation officer must have regard to the well-recognised method of valuation adverted to ..... sub-section (3) of section 46 provides that the power to make rules conferred by this section shall include the power to give retrospective effect, from a date not earlier than the date of commencement of the act, to the rules or any of them and, unless the contrary is permitted (whether expressly or by necessary implication), no retrospective effect shall be given to any rule so as to prejudicially affect the interests ..... 704 : 'the rules that make or guide the cursus curiae, and regulate the proceedings in a cause within the walls or limits of the court itself' were quoted with approval and it was said that the proceedings include all steps which might be taken in the prosecution or defence of the election petition, including an application for amendment ..... the court, on this line of reasoning came to the conclusion that rule 1d which prescribed the break-up method for valuing unquoted equity shares was directory in nature and applied retrospectively. ..... maharaj kumar kamal singh : [1984]146itr202(sc) observed : 'section 7 is important which provides the method how the value is to be ..... kapur : [1984]150itr319(kar) .....
Tag this Judgment!Court : Gujarat
Reported in : 1988(35)ELT88(Guj); (1988)1GLR388
..... the ratio of the decisions of the three division benches of this court which have, after elaborate consideration of various aspects of the matter, centering round the legal requirements of section 72 of the contract act, have taken the view that unless the concerned plaintiff shows that it has suffered legal injury or prejudice, it cannot, merely on the ground that tax alleged to have been recovered is shown to be illegally ..... 1108 was whether the plaintiff, new india industries, which had claimed refund of excise duty paid to the excise department by filing a suit under section 72 of the indian contract act, was entitled to the same and whether the said suit could be decreed in the absence of proper pleading and proof which were the basic requirements of section 72 of the said ..... we must, at the outset, state that the decisions of the supreme court on which reliance was placed by the learned advocate for the plaintiff to draw a line of dissent from the ratio of the three division bench decisions of this court, have already been considered by two of the division bench decisions of this court in the cases of new india ..... after referring to the provisions of section 17(1)(c) of the limitation act, 1963, the supreme court has observed in para 8 of the judgment to the effect that a writ petition for refund of the tax within the period of limitation prescribed, that is, three years from the date of the ..... [1984] 25 (2) glr 1111 and these supreme ..... [1984] ..... [1984] 25(2) ..... [1984] 25 (2) glr .....
Tag this Judgment!Court : Gujarat
Reported in : [1988]174ITR77(Guj)
..... ratio of the decisions of the three division benches of this court which have, after elaborate consideration of various aspects of the matter, centering round the legal requirements of section 72 of the contract act, have taken the view that unless the concerned plaintiff shows that it has suffered legal injury or prejudice, it cannot, merely on the ground that tax alleged to have been recovered is shown to be illegally ..... but has spent them away in the ordinary course of the business of the state will not make any difference to the position and under the plain terms of section 72 of the contract act, the assessee will be entitled to recover back the monies said by it to the state under mistake of law'it becomes at once clear that the constitution bench was concerned with only one ingredient ..... we must, at the outset, state that the decisions of the supreme court on which reliance was placed by the learned advocate for the plaintiff to draw a line of dissent from the ratio of the three division bench decisions of this court, have already been considered by two of the division bench decisions of this court in the cases of new india ..... referring to the provisions of section 17 (1) (c) of the limitation act, 1963, the supreme court has observed in para 8 of the judgment to the effect that a writ petition for refund of the tax within the period of limitation prescribed, that is, three years from the date of the knowledge ..... [1984] 25 (2) glr 1111 and these supreme ..... [1984] ..... [1984] ..... [1984] 25 (2) .....
Tag this Judgment!Court : Gujarat
Reported in : (1991)2GLR1182; (1995)IIILLJ376Guj
..... standing to his credit in the fund, the whole amount or the part thereof to which the nomination does not relate, as the case may be, shall become payable to the members of his family in equal shares: provided that no share shall be payable to: (a) sons who have attained majority; (b) sons of a deceased son who have attained majority; (c) married daughters whose husbands are alive; (d) married daughters of a deceased son whose husbands are ..... any member of the family other than specified in clauses (a), (b), (c), (d): provided further that the widow or widows, and the child or children of a deceased son shall receive between them in equal parts only the share which that son would have received if he had survived the member and had not attained the age of majority at the time of the member's death. ..... of succession is provided because the proviso to the said clause specifically provides that the major sons and married daughters whose husbands are alive are not entitled to have any share in theprovident fund amount where there is no subsisting nomination or the nomination relates only to a part of the amount standing to his credit in the fund. ..... on the other hand, sections 16 and 17 of the land acquisition act (act i of 1894), provide that the property so acquired, upon the happening of certain events, shall 'vest absolutely in the government ..... usha devi air 1984 sc 346, has held that the nominee would get the said amount for a limited purpose of giving due discharge to the insurer of .....
Tag this Judgment!Court : Gujarat
Reported in : (1994)2GLR1595
..... meeting called for the purpose, or(c) of his own motion, in the case of a society which- (i) has not commenced working, or(ii) has ceased working, or(iii) possesses shares of members' deposits not exceeding five hundred rupees, or(iv) has ceased to comply with any conditions as to registration and management in this act or the rules or the bye-laws, or(v) has failed to comply with any directions issued under sub-section (1) of section 160 or such directions as modified under sub ..... by order dated october 29, 1969, the said motinagar co-operative housing society limited was brought under liquidation under section 107(1)(c) of the said act of 1961 on the ground that the business of the said society had not commenced and the liquidator of the society was appointed. ..... by order dated october 23, 1972, the third respondent issued interim order of liquidation of the shanti-sadan co-operative housing society limited on the ground that the working of the society had not commenced, in view of the provisions of section 107(1)(c) of the gujarat co-operative housing societies act, 1961 (hereinafter referred to as the 'said act of 1961'). ..... natural justice is a concept which has succeeded in keeping the arbitrary action within limits and preserving the rule of law. ..... the petitioners of this writ petition were the original and the only members of the shanti-sadan co-operative housing society limited, which was duly registered under the provisions of the gujarat cooperative societies act, 1961. .....
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