Judgment Search Results Home > Cases Phrase: repealing and amending act 1978 Court: gujarat Page 10 of about 1,668 results (0.101 seconds)

Premchand J Panchal. Vs. Shahjahabanu Liyakatkhan Patha and ors.

Court : Gujarat

..... a useful reference can be made to the transfer of property (bombay provision for uniformity and amendment) act, 1959 where it has been provided,"and whereas it is expedient to provide for uniformity in the provisions of the transfer of property act, 1882 (iv of 1882) in its application to the entire state of bombay and to repeal the acts mentioned in the preceding paragraph. ..... shah, there is a discussion on this aspect in para 39 with regard to transfer of property (bombay provision for uniformity and amendment) act, 1959, wherein the applicability of the act in order to maintain uniformity has been considered and it has been observed that notwithstanding the formation of the new state, the territorial extent of laws previously in operation would continue to apply for the purpose of uniformity.28. ..... moreover, the transfer of property and the indian registration (bombay amendment) act, 1939 has reference to the necessity for registration as it has been stated in the object,"section 52 of the transfer of property act, 1882, provides that during the pendency in a court of a suit and proceeding in which a right to immovable property is in question, the property cannot be transferred or otherwise dealt with by any party to the suit or proceeding so as to affect the rights of any other parties thereto. .....

Yuvraj Prithvirajsinhji S/O Maharao Madansinhji Vs. Maharani Rajendrak ...

Court : Gujarat

Reported in : AIR2006Guj84

..... of repealed articles 291 and 362 of the constitution of india and has argued that with effect from 28th december, 1971, these articles have been repealed by 26th amendment act and that would bring to an end the rule of primogeniture and custom ..... properties) belonging to him on the date of this agreement.high highness the maharao will furnish to the dominion government before the 1st day of june, 1948 an inventory of all the immovable properties, securities and cash balance held by him as such private property.if any dispute arises as to whether any item of property is the private property of his highness the maharao or state property, it shall be referred to ..... clearly shows that the original plaintiff was not at all serious for challenging the sale-deed executed in the year 1978 in favour of satyajitsinh hanvantsinhji and pratapsinh hanvantsinhji, by late maharav madansinhji, nor in challenging the sale-deeds dated 19th january, 1996 executed in favour ..... suit was pending before the civil court, at that time also, the undertaking given by late maharav madansinhji of not to transfer or alienate the property and the said undertaking would be on his name and it could not be made applicable qua the property, which he had already sold by a registered sale-deed in the year 1978 to minor satyajitsinh and pratapsinh. ..... 1978, and ..... 1978, late maharav shri madansinhji, against the valuable consideration had sold the land in question by a registered sale-deed to minor satyajitsinh hanvantsinhji and .....

CaptaIn R.S. Saxena Vs. State of Gujarat and anr.

Court : Gujarat

Reported in : AIR1964Guj145; (1964)GLR386

..... as was the case in gopi kishore prasad's case : (1960)illj577sc , their lordships made the following observations:'whether if amounts to an order of dismissal depends upon the nature of the enquiry, if any, the proceedings taken therein and the substance of the final order passed on such enquiry'.at page 181, their lordships stated as follows:'what is decisive is whether the order is by way of punishment, in the light of the tests laid down in purshottam lal dbingra ..... rules of 1930 which was introduced sometime in 1949, which requires the government even whilst terminating the services of a probationer under the contract of employment to give an opportunity to the person to show cause against such a discharge and not with a view to punish the government servant their lordships held that, as the aforesaid enquiry was undertaken with a view to comply with the provisions of rule 55b, it cannot be said that the enquiry was ..... this would be so on the ground that, under section 241(2)(b) of the 1935 act, the only authority, which had the power of making rules, and consequently of amending the existing rules, would be the governor of bombay. ..... 1-4-1937) continued, notwithstanding the repeal of that act of 1915, in force in so far as they were consistent with the act of 1935 and were to be deemed to be rules made under the appropriate provisions of the act of 1935. .....

Prataprai Mugatlal Jani and ors. Vs. Mr. Vora, or His Successor in Off ...

Court : Gujarat

Reported in : (1977)18GLR234

..... :for giving effect to the provisions of sub-section (1), the state government having regard to the panchayat functions list, shall, by an order published in the official gazette, provide for-(d) the adaptations and modifications of the relevant act, or of any other law whether by way of repeal or amendment as may be necessary to give effect to the provisions of sub-section (1).now, clause (e) of sub-section (1) of section 155 provides for the following consequences of the dissolution of the district ..... school board:'the employees of the existing school board shall stand transferred to the taluka panchayats and the district panchayat in accordance with the distribution made in that behalf and on such terms and conditions as may be provided ..... makes it clear beyond any doubt that the statutory guarantees conferred by the bombay primary education act are continued in force after the enactment of the gujarat panchayats act and that the state government has the power under sub-section (2) of section 155 to make an order amending the provisions inter alia of the bombay primary education act where there is repugnancy between a provision of the bombay primary education act and a provision of the gujarat panchayats .....

Raichand Amulakh Shah and anr. Vs. the Union of India (Uoi) Representi ...

Court : Gujarat

Reported in : (1963)4GLR662

..... indian railways act as follows:terminals includes charges in respect of stations sidings ..... but the section as it stood before it was repealed read as follows:a railway administration may charge reasonable terminals.section 33 of the indian railways act as it stood before it was repealed in 1957 by the indian railways (amendment) act 1957 (58 of 1957) reads as follows:any decision given by the central government the general controlling authority or the provincial government in accordance with the provisions of this chapter shall be final and binding on all parties concerned.the word terminals in section 32 is defined in section 3(14) of the ..... in this view the suit would not be barred under section 26 of the railways act.it is also contended that section 32 of the railways act gives powers to the central government to fix terminals and other charges but this section has been repealed by the indian railways (amendment) acts 1957 (58 of 1957) with effect from 27-7-58. .....

Anil Jayantilal Vyas Vs. Y. Sudhaben

Court : Gujarat

Reported in : AIR1978Guj74; (1978)0GLR556

..... the statute book by hindu marriage (amendment) act of 1964, which repealed cls, (viii) and (ix) of sub-see. (1) of ..... cmjvwl rigwks naows.sarily presupposes of marital wrong cc has failed to discharge an essential marital obligaliorl despite such a wrong or failure on the part of the delauldngspouise, the legwature ku javex & a&by; the amending act to %e d4gultina spouse to apply for i decree 4d divgwo if the other conditions mentlewd in sub-a cla) are fumle& 740 iwo-oult such a petitioner by iuvoklqg el 1a) of sub-s. (1) of ..... manabal ilethabbef, air ipm bom 88 reversed the fudgments of both the courts below and rield that the husband was entitled to get a decree for divorce since he was oxim- 1w obligation to, cohabit with the wi*- ettm the decree -for judicial separation granted the division bench furiber held that by the ebange kftow duced by the amendment act of the concept of matrimonial wrong or dwability as furnishing a ground for divorce ..... purpose ol flia amending act and reducing it to ..... refers to existim staft a& aftirs namely that isk ewe of a &wee; fm judiaml separation omm has bean me revamption of cohabiwon as kekvmm the parties to the awamiqp im a period of two years or uwards and in the, esse at a decree for restitotim cd ca'tmo rigbis there has been no resdivilm of conjugal rights for a pedod of two years or upwards, the provides does not refer to a matrimonial offence or a ..... that to grant a decree to such party committing such a wrong would 1978 guj./6 v g-21 k. .....

Khemabhai Virabhai and ors. Vs. Ashok Mills Co. Ltd. and ors.

Court : Gujarat

Reported in : (1989)1GLR80; (1994)IIILLJ1020Guj

..... is based in exercise of jurisdiction under sub-section (2) of section 33c in view of the express provision contained in section 36a, the court observed as under:'we have already noticed that section 36a has also been added by the amending act 36 of 1956 along with section 33c, and the appellant's argument is that the legislature introduced the two sections together ..... hospital, that the recruitment of the staff for the hospital was done by the hospital authorities, that there was no transfer of staff from the mills to the hospital, that the hospital was a separate entity and was registered as such under the bombay shops and establishments act, that besides the employees of the three mill companies, other employees covered under the e.s.i. ..... it was, therefore, argued on behalf of the management that the petitioner-union not being a representative union was not entitled to initiate proceedings under the bir act and, therefore, with a view to circumvent the said provision it initiated proceedings under sub-section (2) of section 33c of the i.d. ..... he stated that if the averments in the application are taken at their face value it will be obvious that the application was maintainable under sub-section (2) of section 33c of the act and the dispute raised by the management in their written statement cannot oust the jurisdiction of the labour court. .....

Mukesh V. Chavda and Another Vs. State of Gujarat and Others

Court : Gujarat

..... syndicate and pass resolutions with reference thereto; (xiii) to elect office-bearers and authorities as provided in the act and the statutes; (xiv) to make provision relating to the use of gujarati or hindi ..... by the university; (vi) to institute fellowships, travelling fellowships, scholarships, studentships, exhibitions, medals and prizes; (vii) to institute and confer degrees, titles, diplomas and other academic distinctions; (viii) to confer, on the recommendation of the syndicate, honorary degrees, titles or other academic distinctions; (ix) to make, amend or repeal the statutes; (x) to consider, cancel, refer back but not to amend ordinances; (xi) to consider and pass resolutions on the annual reports, annual accounts and financial estimates; (xii) to consider the annual financial estimates prepared by the ..... 26 of 1978, sch) xxx xxx xxx 9.6 section 15 of the act reads as under:- authorities of the university. 15. .....

Smt. Pushpaben Kantilal Shah Vs. K.N. Zutshi and ors.

Court : Gujarat

Reported in : 1976CriLJ1419

..... of 1975 was repealed by the conservation of foreign exchange and prevention of smuggling activities (amendment) act, 1975 which came ..... the repeal of the ordinance, anything done or any action taken under the principal act, as amended by the said ordinance, shall be deemed to have been done or taken under the principal act as amended by act 35 ..... and reasons dated july 18, 1975 which accompanied the bill which ultimately was enacted as the conservation of foreign exchange and prevention of smuggling activities (amendment) act 1975, act ..... as the validity of laws made by british colonial legislatures was tested by reference to the parental act of the british parliament.chandrachud j, has observed at page 2466 in paragraph 667-.judicial review, according to shri shanri bhushan is a part of the basic structure of the constitution and since the 89th amendment by article 329a (4) and (5) deprives the courts, including the supreme court, of their power to adjudicate upon the disputed ..... power was given to all the detaining authorities mentioned in the misa to detain any person if the detaining authority was satisfied with respect to any person (including a foreigner) that with a view to preventing him from acting in any manner prejudicial to the conservation of foreign exchange or with a view to preventing him from (i) smuggling goods, or (ii) abetting other persons to smuggle goods, or (iii) dealing in smuggled goods, it was ..... on 11/12th august 1978, customs officers recovered smuggled .....

Maharaja Fatehsinhrao Zoo Trust Vs. State of Gujarat and anr.

Court : Gujarat

Reported in : AIR1999Guj346; (1999)3GLR2361

..... of the amendment act of 1972 which came into force from may 2nd, 1974, section 3(1)(d) of the ceiling act as it stood on 1968 was repealed and no exemption was any more available to a public trust which held lands for educational purposes, and therefore, even if it was assumed that the lands belonging to the petitioner-trust, it was no more entitled to exemption under the ceiling act. ..... (1976) 4 scc 3 : (air 1977 sc 121) in which, in context of levy of estate duty, the hon'ble supreme court, while considering the question referred to under section 64(1) of the estate duty act, 1953 to the effect as to whether the tribunal was correct in law in having included the value of the forest lands in the total value of the estate for the purposes of estate duty, it was held that ..... private forest, the petitioner was in no way better off in view of the fact that all private forests have vested free from all encumbrances and are deemed to be the property of the state government under section 3 of the gujarat private forests (acquisition) act, 1972 and only land comprised in any private forest held under personal cultivation on the appointed day as is not in excess of the ceiling area within ..... 1975 by the petitioner, which came ultimately to be dismissed by this court on 10-8-1978, as recorded in paragraph 3 of the order of the alt dated 21-12-1983 at annexure ..... order dated 10th august, 1978, in special c.a. ..... rejected by this high court on 108-1978. ..... court, which was decided on 10th august, 1978. .....