Judgment Search Results Home > Cases Phrase: museum act 1910 Court: gujarat Page 1 of about 2,567 results (0.045 seconds)

Rohini Housing Complex Owner's Asso. Vs. Raiben Wd/o Dhiraj Ugraji and ...

Court : Gujarat

Reported in : (2009)2GLR1710

..... as recorded in the said communication and, therefore, at least on 21.04.1995, if not earlier, rohini had derived knowledge about the order dated 31.12.1983 made under section 84c of the tenancy act and ought to have challenged the said order at that point of time without waiting for the matter to culminate upto the stage of tribunal and thereafter challenge in the present petition only by ..... (1) whether the order of the prant officer dated december 8, 1958, rendered the aforesaid agreement dated may 16, 1957 impossible of performance and as such void under section 56 of the indian contract act and (2) whether in view of the aforesaid order of refusal by the prant officer, thana dated december 8, 1958, additional collector, thana, was not competent to grant the sanction and the certificate under ..... on a two fold basis : firstly that the deputy collector and prant officer had no jurisdiction, as accepted by him in the order itself, that applications under section 63 of the tenancy act were to be decided only by the collector as was the practice; and secondly the deputy collector and prant officer was aware about the order of rejection made by the collector on 07.10.1998, ..... of the observations made by the division bench while passing orders in letters patent appeals on 25.06.1992, and if any such order under section 84c of the tenancy act had been made the state government was duty bound to point out the same to the high court; that having not pointed out such an order, which was never .....

Kantibhai Valjibhai Shah Vs. Kokilaben Wd/O. Haribhai Ambalal Patel an ...

Court : Gujarat

Reported in : (2009)3GLR2416

..... higher premium does not lead to any conclusion that its liability in respect of third party risk is unlimited - insurance company provided various provisos in the policy to limit its liability to act only liability in respect of various matters but none of the provisos restrict the liability towards bodily injury to or death or third party to statutory liability - whether the liability of insurance company ..... any one accident up to the following limits, namely:(a) where the vehicle is a goods vehicle, a limit of [fifty] thousand rupees in all, including the liabilities, if any, arising under the workmen's compensation act, 1923, in respect of the death of or bodily injury to, employees (other than the driver), not exceeding six in number, being carried in the vehicle;(b) where the vehicle is a vehicle in which passengers are ..... of liability mentioned in the policy - insurance company contended that a stamp was affixed limiting the liability of the insurance company as per requirements of motor vehicles act but neither carbon copy was produced, nor true copy was proved nor the original policy was called from the insured by the insurance company - premium of rs. ..... accepted its liability towards third party co-extensive with legal liability of owner of vehicle; various clauses under provisos limit liability of insurance company to act only but none of the provisos limit liability towards injury or death caused to a third party - tribunal held insurance company liable to the extent of rs. .....

Pushpaben Jitendrakumar Shah and ors. Vs. Union of India (Uoi) and ors ...

Court : Gujarat

Reported in : II(2005)ACC185; 2005ACJ191; AIR2004Guj370; (2004)3GLR2206

..... the railway administration towards its prescribed duties and hold, on the basis of the evidence on record, that the railway administration failed in its duty to regulate the passengers in-flow in the compartments and acted with gross negligence in allowing the train to move when it was overcrowded and passengers were still trying to get in and many were travelling by standing on the foot-boards or were hanging by ..... number of passengers was not fixed, the plaintiff could not prevent other passengers from entering into his vehicle as he could have otherwise done under section 109 of the act, had a good deal of force, but it was of no avail to the plaintiff, because, the assistant station master had deposed that the vehicle could easily accommodate 45 persons and was ..... just because the ticket was purchased by a passenger, and that the passenger could have returned the ticket and claimed refund in view of the provisions of section 67 of the act and no tortious liability can arise in respect of such a passenger who chooses to get into a crowded compartment mixes up the concept of liability founded on contract and the liability founded on tort. ..... compartments and are still trying to get into the compartments, pushing other passengers of the compartment at the time when the train is about to move, the station master acts in gross negligence in the discharge of his duties if he permits the guard to start the train, because, rule 114 of the general rules framed under section 47 of the .....

Tata Chemicals Ltd. and anr. Vs. State of Gujarat

Court : Gujarat

Reported in : (1988)1GLR589

..... means mineral specified in the schedule: and(f) the words 'mineral' and 'mining lease' shall have the meanings respectively assigned to them in the mines and mineral (development and regulation) act, 1957.under the central act referred to, the term 'minerals' includes all minerals except mineral oils while the term 'mining lease' means a lease granted for the purpose of undertaking mining operations, and includes a ..... and the state legislatures have concurrent power to make laws with respect to any of the matters enumerated in list iii of the said schedule but since the impugned act is not with respect to any of the matters enumerated in either list ii (state list) or list iii (concurrent list), it is obvious that the state legislature was not competent to enact the ..... prohibited the corporation from fixing different rates for different classes of properties, the absence of such prohibition was not decisive of the question because the scheme of taxation embodied in the act, particularly sections 129 and 137, makes it clear that only one rate of conservancy tax can be fixed by the corporation and not different rates for different classes of properties. ..... the regulation and development of mines and minerals should in public interest be under the control of the union and made a declaration in that behalf in section 2 of the central act whereupon the state legislature was denuded of the powers to make law under entry 23 in list ii, the said entry being subject to entry 54 in list 1 (union list .....

Haroobhai M. Mehta Vs. State of Gujarat and ors.

Court : Gujarat

Reported in : (1966)7GLR597

..... those important subjects which must be entirely regulated by the legislature itself from those of less interest in which a general provision may be made and power given to those who are to act under such general provision to fill up details, the author points out that the resulting judicial dilemma, when the american courts finally were squarely confronted with delegation cases, was resolved by ..... rule 30 of the rules empowered the central government or the state government, 'if it is satisfied with respect to any particular person that with a view to preventing him from acting in any manner prejudicial to the defence of india and civil defence, the public safety, the maintenance of public order, india's relations with foreign powers, the maintenance of peaceful conditions in ..... their lordships in makhan singh's case was that the contravention of articles 14, 21 and 22 (4), (6) and (7) of the constitution of india in the ordinance and the act was so flagrant that it was not open to the president to issue an order preventing the detenues from challenging the validity of the aforesaid statutory provisions. ..... grounds for detention are furnished or no-opportunity is given for explanation within a reasonable period of time, then the detenu will have a right to immediate release if he happens to be detained under the preventive detention act; but if he happens to be detained under the act, he will not be able to move the court for the relief of release on account of the presidential order. .....

Ambalal Sarupchand Maniar and anr. Vs. Manibhai Tulsibhai Patel and an ...

Court : Gujarat

Reported in : (1968)9GLR672

..... it is, therefore, a common ground that the present complaint in respect of offence under section 155(7) of the gujarat municipalities act made before the judicial magistrate, first class at mehsana, would prima facie require a court-fee stamp of sixty-five naye paise ..... after hearing the other side, the learned magistrate passed an order wherein he observed that under section 73 of the gujarat municipalities act every municipal officer or servant of the municipality is a public servant defined in section 31 of the indian penal code. ..... 130/ - and that way was not a municipal officer as contemplated under the provisions of the gujarat municipalities act and that he was merely a servant of the mehsana municipality. ..... before the amending act 40 of 1964 came into effect, it is true that the words 'every officer' were there in clause (12) in place of 'every person', that has led to the controversy in the present case those words are substituted by the words ..... 20 of the act relates to certain type of documents which are exempted from any court-fee stamp required under the act. ..... section 5 of the act then deals with the effect on that account, in respect of that ..... schedule ii of the act provides for fixed court-fees to be affixed on certain type of applications made by any ..... by the sanitary inspector of the mehsana municipality, no court fee stamp was required to be affixed on the complaint in view of section 0(xii) of the bombay court-fees act, 1959, to be referred to hereinafter as 'the act'. .....

Ambalal Ranchhodji Thakor Vs. State of Gujarat

Court : Gujarat

Reported in : (1997)1GLR795

..... and conditions of such licence, permit or authorisation:provided that, and subject to the other provisions of this act and the rules made thereunder, the prohibition against the cultivation of the cannabis plant for the production of ganja or the production, possession, use, consumption, purchase, sale, ..... export from india or tranship any narcotic drug or psychotropic substance, except for medical or scientific purposes and in the manner and to the extent provided by the provisions of this act or the rules or orders made thereunder and in a case where any such provision, imposes any requirement by way of licence, permit or authorisation also in accordance with the terms ..... situations: (1) a statute may throw the burden of proof of all or some of the ingredients of an offence on the accused (see sections 4 and 5 of the prevention of corruption act), (2) the special burden may not touch the ingredients of the offence, but only the protection given on the assumption of the proof of the said ingredients (see sections 77, 78, 79, ..... the conditions of clause (b) of sub-section (8), there are provisions in various other enactments-such as section 35(1) of foreign exchange regulation act and section 104(1) of the customs act to the effect that any authorised or empowered officer under the respective acts, if, has got reason to believe that any person in india or within the indian customs waters has been guilty of an offence .....

Commissioner of Income-tax Vs. Gujarat Aluminium Extrusions Pvt. Ltd.

Court : Gujarat

Reported in : [2003]263ITR453(Guj)

..... asset to use only when construction of the asset is completed and it would not be open to him to claim deduction in respect of the expenditure incurred during the earlier previous years because looking to the provisions of section 35 of the act, the assessee can avail of the benefit of deduction of the amount of expenditure incurred only during the previous year and not for the earlier period unless his case is covered under the provisions of an exception ..... at the instance of the revenue, the following question has been referred to this court under the provisions of section 256(1) of the income-tax act, 1961 (hereinafter referred to as 'the act') :'whether, on the facts and in the circumstances of the case and in law, the tribunal is right in holding that deduction under section 35(2) is allowable on capital expenditure for building which is under construction and is not put to use ..... using the said analogy in the instant case, it has been submitted by the learned advocate that as the provisions of section 35 of the act do not make it obligatory on the part of the assessee to use the asset for research and development, the revenue cannot expect the assessee to use the said asset during the relevant previous year for ..... once it is established that the expenditure was incurred for the purpose of scientific research and the conditions incorporated in section 35 of the act are fulfilled, in our opinion, the revenue cannot expect the assessee to start using the asset immediately. .....

Neo Trust Vs. Income-tax Officer

Court : Gujarat

..... at the maximum marginal rate :] provided that in a case where - [(i) none of the beneficiaries in respect of the part of the relevant income which is not applicable to charitable or religious purposes has any other income chargeable under this act exceeding the maximum amount not chargeable to tax in the case of an association of persons or is a beneficiary under any other trust; or] (ii) the relevant income is receivable under 81[a trust declared by any person by will and such trust ..... " and "beneficiaries", respectively), 62[tax shall be charged on the relevant income or part of relevant income at the maximum marginal rate63 :] provided that in a case where - [(i) none of the beneficiaries has any other income chargeable under this act exceeding the maximum amount not chargeable to tax in the case of an 65[association of persons] or is a beneficiary under any other trust; or] (ii) the relevant income or part of relevant income is receivable under 66[a trust declared by any person ..... and if the beneficiary of first level trust is discretionary trust, the assessing officer can assess the income of such beneficiary of the first level trust at the maximum marginal rate as per section 164 of the act to the extent of the respective share of such beneficiary trust and can assess the income of th ..... provides that the beneficiary has a right that the trustees are compelled to perform a particular act of duty and are restrained from committing any contemplated or probable breach of the trust. .....

Hotel Natraj Vs. State of Gujarat and anr.

Court : Gujarat

Reported in : (1995)2GLR1381

..... the date of commencement of supply.and as from the said date, the licensee shall comply with the provisions of the said schedule accordingly, and any provisions of the indian electricity act, 1910 (ix of 1910), and the licence granted to him thereunder and of any other law, agreement or instrument applicable to the licensee shall, in relation to the licensee, be void and of no effect in so far as they are inconsistent with the provisions of section 57-a ..... it was held that if any restriction incorporated in the licence granted under the electricity act, 1910, is inconsistent with the rate which a licensee might charge under para-1 of schedule vi of the supply act, 1948, the former would, to that extent, be superseded and the latter would prevail. ..... notwithstanding anything contained in the indian electricity act, 1910 (ix of 1910) except sub-section (2) of section 22-a, and the provisions in the licence of a licensee, the licensee shall so adjust his charges for the sale of electricity whether by enhancing or reducing them that his clear profit in any year of ..... 2 which is a company registered under the provisions of the companies act, was established for generation and supply of electrical energy in the city of ahmedabad, and as such it is a 'licensee', as defined in section 2(h) of the indian electricity act, 1910 under which the licence is granted to respondent no. .....