Court : Gujarat
Decided on : Dec-06-1979
Reported in : (1979)2GLR575
..... 9-4-1951. by the said decree certain holder and the judgment-debtors. the said award decree was challenged before the high court under section 39(1)(vi) of the arbitration act and it was contended that the trial court had wrongly refused to set aside the award. that appeal was dismissed on 17-9-1953. ..... the application to an end. the facts before the lahore high court in the above case were that on receipt of order under section 25 of punjab relief of indebtedness act, execution court stayed the execution of the decree. the parties could not come to an agreement before the board and a certificate ..... the high court, the matter was referred to the full bench and the full bench took the view that in entertaining and even admitting the letters patent appeals without being accompanied by three sets of spare paper-books when the appeals were filed and refilling the same with the said three sets of ..... whether the execution appeal pending before the division bench was within time or not and whether there was sufficient cause or not, when the said letters patent appeal was filed without being accompanied by three sets of spare paper books and time was allowed to file the same. thereafter the division bench consisting ..... ex. 55, this darkhast is withdrawn cost on d.h. 29-7-1965.sd/-c.j. (s.d.)the interpretation of the aforesaid order is to decide the fate of the present appeal.7. after having obtained the permission from the collector baroda on 3-1-1970, at stated above, the appellant re-presented .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-03-1979
Reported in : AIR1980Guj158; (1980)0GLR132
..... case, upheld the conclusion recorded by the trial court and dismissed the appeal. r is that appellate decree, which is challenged by the bank in this letters patent appeal.5. mr. chhatrapati who appears on behalf of the bank has raised before us several arguments. his first argument is that the plaintiff has proved a ..... the bank started honouring overdrafts from the plaintiff from february 20, ~ 1966.. this facility continued right until the bank dishonoured the cheque in question on february 11, 1970. in other words, overdraft dealings between the bank on one hand and the plaintiff on the other hand during a period of four years - from february 19, ..... 1966 to february 11, 1970 - clearly leads to an interference that there was a contract between the plaintiff and the bank in respect of over-daft facility. the uninterrupted enjoyment of this facility ..... granted over-draft facility by the bank should furnish, security depends upon his creditworthiness. if there is a financially sound party, the bank may not demand security from him. therefore, merely because the bank had not demanded security from the plaintiff it does not mean that it was an act of grace. it is well known that those persons ..... advanced no more arguments. since none of the arguments advanced by mr. chhatrapati succeeds, the appeal fails and is dismissed with no order as to costs.11. appeal dismissed. .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-07-1979
Reported in : (1980)21GLR15
..... order. the appeal was latter on treated as revision. the high court, by its order of august 6, 1970 appointed shri r.c. soni as a sole arbitrator under section 12(2) of the act and modified the order of the additional district judge, mandsaur. the state, therefore, carried the matter in appeal ..... pleader that if the court of civil judge (s.d.) jamnagar was the only competent court having jurisdiction in the matter under section 20 of the arbitration act read with section 31 thereof, the plaintiff could not have agitated the question regarding the validity of the award or for that matter the arbitration ..... . in the instant case, when the plaintiff obtained the leave of the bombay high court on the original side, under clause 12 of the letters patent, the correctness of the procedure or of the order granting the leave could be questioned by the defendant or the objection could be waived by him. ..... i direct the arbitrator to file the award in this court within the time limited. rule made absolute in terms aforesaid with no order as to costs in the circumstances of the case.in other words, this court in terms of the agreement between the parties, appointed shri n.m. miabhoy and ..... inferior courts in those of superior courts would be effected or would become inapplicable by making a distinction between a petition for revision and an appeal.39. in my opinion, therefore, the fact that this court had made the impugned order of reference in exercise of revisional jurisdiction does not make any .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-20-1979
Reported in : 1979CENCUS404D; (1980)GLR284; (1980)GLR825
..... is in jullundur rubber goods manufactures association v. the union of the indian and anr. : [1970]2scr68 . it was a case under the rubber act, 1947 section 12(1) of the rubber act imposed a new rubber cess to be collected from the rubber estates. sub-section (1) of section 12 imposed the levy in the following terms:with effect from such date as the central ..... company ;(c) any shares held or power exercisable by any person by virtue of the provisions of any debentures of the first mentioned company or of a trust deed for securing any issue of such debentures shall be disregarded ;(d) any shares held or power exercisable by, or by a nominee for, that other or its subsidiary [not being held or ..... post-manufacturing profits arising from post-manufacturing operations, viz. the sale ought to be excluded. next while determining the assessable value of goods for the purpose of excise duty, manufacturing costs and manufacturing profits alone should be taken into account and they must not be loaded with post-manufacturing profits arising from post manufacturing operations. in this contex, it has been ..... the fact that the respondents did not raise it in their affidavits-in-reply.39. mr. s.b. vakil has next argued that constitutional validity of section 4 or a part thereof which is a machinery section cannot he challenged unless the constitutional validity of section 3 which is the charging section is challenged. we do not find any substance in this argument of his .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-30-1979
Reported in : (1979)1GLR858
..... government. the labour minister then gave the award and as a result of that award, an order was passed subsequently under section 3 sub-clause (b) of the u.p. industrial disputes act, 1947 and that is how, what has come to be known as the u.p. pattern of pay, graduated dearness allowance ..... of its crushing season and production of larger quantities of sugar. the government requested the tariff commission in 1968 to re-examine the matter relating to cost structure and zoning of sugar industry, and the tariff commission, after getting the necessary data and information from all the factories with regard to the ..... 1972 under which the industry agreed to voluntarily make available 63 per cent of the monthly release of sugar at a if bed price of rs. 150/- per quintal ex-factory inclusive of excise duty for d-30 grade for distribution to domestic consumers through fair price shops. similarly, a further 3.5 ..... ,56,573 16,276 77,616 (-) 2,37,243khedut sahkari khandudyog mandali, bardoli 012,21,5,9 34,21,504 34.85,797 155,56,110 39,76,703 madhi vibhag khand udyog sahkarimandali, madhi 5,54,656 1,28,642 4,09,411 (-)70,19,079 3,65,237statement of gross profit before ..... under the sugar (price determination) order, 1970 and 1971. the recommendations of the tariff commission as accepted by the government were valid for a. period of three years ending with 1971-72 season. however, the escalation? that had taken place in regard to various items of cost after 1969, when the tariff commission submitted .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-25-1979
Reported in : (1979)GLR413; (1979)0GLR413; [1979]118ITR134(Guj)
..... end of the month in which the instrument of transfer in respect of such property is registered under the registration act, 1908.' 29. section 269d(2)(a) enjoins the competent authority to cause a notice under sub-s. (1) in respect of ..... giving the court jurisdiction. but if it appears that the statutory conditions were inserted by the legislature simply for the security or benefit of the parties to the action themselves, and that no public interest are involved, such conditions will not ..... authority for initiation of proceedings under s. 269c(1) are as under : '2... although the transferee contended that the cost of the property will be more, because to purchase one shed within the industrial developing corporation compound, buyer has to take ..... and tax arrears. wanchoo committee, otherwise known as 'direct taxes enquiry committee' submitted an interim report at the end of 1970 to the government of india recmmending certain immediate measures for unearthing black money and countering tax evasion. in pursuance of these ..... the competent authority to initiate proceedings for acquisition is 'subject to the provisions of this chapter' and, therefore, the presumptions prescribed in cls. (a) and (b) of sub-s. (2) of s. 269c would govern such a decision. we are afraid the ..... ,487 sq. ft. leaving the remaining plot of land open, together with the right to enjoy an electric connection of 39 h.p. after obtaining sanction of the board of directors of bidco dated 25th november, 1972, on the condition that .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-17-1979
Reported in : AIR1979Guj220; (1980)GLR9
..... the committee when his own name was considered, the impugned selection could not be allowed to stand (see a. k. kraipak v. union of india, air 1970 sc 150). in my opinion, therefore, the constitution of the executive committee in the instant case was vitiated also on account of the fact that the president had given his ..... group voted for its own panel and amongst the persons who cast their votes was the president himself. as the strength of each group was equal, each panel secured 11 votes. in view of the equality of votes, the president gave his second or casting vote under s. 115 and declared that the panel proposed by ..... vote in case of equality of votes and thereby secure his own election. the circumstances under which the question has arisen for decision may be briefly adverted to.2. kamraj taluka panchayat is con stituted under section 14 of the gujarat panchayats act, 1961 (hereinafter referred to as 'the act'). there are 25 elected members of the said panchayat ..... questions including a question intimately connected with the proposal relating to the constitution of one or more of the statutory committees. for example, sub-rule (1) of rule 39 of the gujarat taluka and district panchayats (procedure) rules, 1963 (hereinafter referred to as 'the procedure rules') casts a duty on the presiding officer to decide all ..... taluka panchayat by which the said committee was constituted is declared to be invalid. rule is according1v made absolute with no order as to costs.12. petition allowed. .....
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