Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 Court: gujarat Page 2 of about 979 results (0.055 seconds)

Bai Hariben Ambashanker Wd/O. Ambashanker Dhanjibhai and ors. Vs. Shan ...

Court : Gujarat

Reported in : (1997)2GLR1108

..... the premises (business or residence or storage) a tenant has to observe such condition and commission of breach thereof would result in withdrawal of protection under the rent act and would also result in eviction of the tenant from the premises in question under section 12(1) of the rent act read with section 13(1)(a) thereof.following order is, therefore, required to be passed in this case:-both the decisions of the courts below dismissing the plaintiffs' suit are hereby ..... the arguments of acquiescence/waiver made by the learned counsel appearing for the appellants:-if the court is satisfied that the tenant has committed any act contrary to the provision of clause (o) of section 108 of the transfer of property act can order eviction.following observations of the apex court might be noted:-therefore, a long use of the premises for the purpose other than the one for which it was originally let ..... in para 6 it has been observed as under:-in other words, all the restrictive covenants positive as well as negative enjoins the tenant to do acts of commission and omission would continue to operate against the tenant but he would not be entitled to enforce the terms and conditions of the original tenancy in ..... vital shivagir gosavi, reported in 1996(2) aircj 126 the apex court ruled in the context of section 13(1)(a) of the rent act that change of user for 47 years not complained of by the landlord for such a long period, would not lead to acquiescence so as to save the tenant from decree .....

Branch Manager, New India Assurance Co. Ltd. Vs. Gitaben and 5 ors.

Court : Gujarat

Reported in : 2006ACJ1784; (2006)1GLR620

..... before parting, we may state that since the workman died in a motor vehicle accident, his heirs and dependants could have filed claim petition claiming compensation under the motor vehicles act and looking to the age and income of the deceased workman, they might have been awarded more compensation than the amount awarded by the commissioner as the scooter was insured by the appellant - insurance company.13. ..... whether the deceased employee died while on duty or not and his case would fall under section 3 of the workmen's compensation act or not.3. ..... in the case of francis d'costa reported in : (1997)illj34sc , the case of the deceased workman who died in a vehicular accident while on his way to his work place, can be said to fall within section 3 of the workmen's compensation act, 1923?c. ..... whether an accident that takes place on a public road while the deceased employee is on his way to his work place, can be said to fall under section 3 of the workmen's compensation act, 1923?b. ..... the appellant - insurance company has challenged the impugned judgment and award passed by the learned commissioner in this appeal which is filed under section 30 of the workmen's compensation act.2. .....

Peoples Union for Civil Liberties and anr. Vs. State of Gujarat and or ...

Court : Gujarat

Reported in : (2001)1GLR547

..... the contention advanced on behalf of the hutment dwellers is that the provisions of the state enactments, such as the bombay provincial municipal corporations act, the gujarat town planning and urban development act and the bombay land revenue code and such other laws, conferring powers on the public authorities to remove encroachments for their various developmental activities and to protect the public properties, must be interpreted ..... under the circumstances, the state shall identify and earmark certain lands acquired under the land ceiling act and frame a uniform policy to allot them in accordance therewith to the hutment dwellers represented in this batch of petitions before us and also others who are required to ..... in paragraph 24 of the judgment, it was pointed out that : 'the urban land (ceiling and regulation) act, 1976 has failed to achieve its object as is evident from the fact that in bombay, 5% of the land-holders own 55% of ..... government shall identify and earmark certain plots of lands acquired under the said act for providing alternative accommodation to the slum dwellers or weaker sections of the ..... even under the gujarat town planning & urban development act, 1976 there is a provision for providing housing accommodation to the weaker sections ..... that the public authorities have taken action permissible under the relevant laws, such as, the bombay provincial municipal corporations act, the gujarat town planning and urban development act and the bombay land revenue code. .....

Gujarat Steel Tube Employees Union and anr. Vs. O.L. of Gujarat Steel ...

Court : Gujarat

Reported in : [2006]131CompCas410(Guj); (2006)5CompLJ452(Guj); [2006]70SCL407(Guj)

..... a company in liquidation is ordinarily outside the winding up proceedings in the matter of realizing his security, where intervention of the court is not sought as a result of the provisions of section 529(1) of the companies act, 1956, read with section 28(6) of the provincial insolvency act, 1920 which is on the principle that the secured creditor in realizing his security without intervention of the court is not enforcing any claim against property of the insolvent but is going to enforce ..... since common issue is raised by the learned advocates appearing for the workmen with regard to their exclusive right under section 529-a of the companies act, 1956 of satisfaction of their dues prior to the right of any other creditors either secured or unsecured, all these applications are heard together and the said issue is decided by this common judgment ..... has held that it is true there is no specific provision either in the code of civil procedure or in the ifci act or in the irbi act or the companies act specifically providing for appointing/creating a sale committee for the sale of the property of the company in liquidation ..... consisting of official liquidator as its chairman and representatives of secured creditors and workers union as its members for disposing of the assets of the company as per the provisions of section 457 of the companies act, 1956 read with rule 272 and 273 of companies (court) rules, 1959 by issuing advertisement in newspaper and conducting public auction. .....

Mehsana District Central Co-operative Bank Limited and anr. Vs. Electi ...

Court : Gujarat

Reported in : (2002)1GLR774

..... that there is no provision for casting more than one vote by the voter.4.6 it was further submitted that the clarification which was made by the deponent is after considering all relevant provisions of co-operative societies act and rules framed thereunder and other relevant bye-laws referred.4.7 it was further submitted that after the publication of the said list as per the provisions of rule 16 of the election rules, 1982, dates ..... it is submitted that both the deputy collector or the deputy registrar of the gujarat high court had exercised powers of conducting the election by construing the provisions of the act, rules, bye-laws and the elections rule of the first petitioner society in the aforesaid manner and not in the manner in which the first respondent has decided by order annexure-a.3.9 he submitted ..... submissions of learned counsel for the petitioners :3.7 learned counsel for the petitioner submitted that on the conjoint reading of the provisions of the co-operative societies act, rules and bye-laws which i have referred, shows that the list will be divisionwise wherein the multi-purpose and service co-operative societies of the talukas falling in respective divisions ..... way of amendment have also challenged the said notification on various grounds.2.5 it has also been stated that the first petitioner is not acting impartially and fairly in conducting the election and he is acting under the political pressure of the state government and more particularly the respondent nos. .....

Bhavesh Arvindbhai Patel Vs. State of Gujarat

Court : Gujarat

Reported in : (2002)3GLR560

..... having observed the aforesaid the hon'ble supreme court further observed that so far as the evidence under section 25(1)(b) of the arms act concern no contention was advanced to deny the bail to the appellant, and therefore, the hon'ble supreme court granted bail on certain terms and conditions mentioned in the order.6. ..... court can consider the case of the accused who has assaulted the individual, but not of those accused who have indulged in this type of heinous act of bomb blasting on a pious religious place like mosque.10. ..... if it was a simple case of mischief then perhaps this court would have taken liberal view of the matter, but the alleged act of the petitioner accused was gruesome. ..... such acts spoiled the communal harmony prevailing between the communities. ..... code and section 3 of the explosive substances act, 1908. ..... code and section 3 of the explosive substances act. .....

Plachem Industries Vs. Premo Leasing and Finance P. Ltd.

Court : Gujarat

Reported in : [2005]62SCL160(Guj)

..... plachem industries has filed this petition under sections 433 and 434 of the companies act, 1956 for winding up of the respondent company on the ground that the respondent - company has failed to make the payment of rs. ..... the due process of law cannot be permitted to be slighted nor the majesty of law be made a mockery by such acts or conduct on the part of the parties to the litigation or even while appearing as witnesses. ..... this court while exercising its original jurisdiction under the companies act does not undertake such exercise. ..... an attempt to impede or undermine or obstruct the free flow of the unsoiled stream of justice by resorting to the filing of false evidence, commits criminal contempt of the court and renders himself liable to be dealt with in accordance with the act. .....

R.C. Pathan Vs. State of Gujarat and ors.

Court : Gujarat

Reported in : (1996)2GLR294

..... mukul sinha 1989(1) glh 235, wherein the division bench of this court held that 'the act of court will prejudice no man' and the party should not be made to suffer because of the delay on the part of the court. .....

Atir Textile Industries (P.) Ltd. Vs. Deputy Commissioner of Income-ta ...

Court : Gujarat

..... for that purpose, we made searching inquiry from learned advocate mr.bhatt to show any provision of law under the act or precedent which empowers the revenue to split transaction into two or more parts and then to hold any one particular part of said transaction as legal/permissible/admissible ..... it is evident that while considering the case to extend benefit under section 57(iii) of the act, it is mandatory to find out reason behind investment and, if the dominant purpose is not for making or earning some income, then deduction under section 57(iii) of the act shall not be available and to ascertain the purpose, the courts may lift the veil. ..... opined that even though the language of section 37(1) is a little wider than that of section 57(iii) of the act, but that was of no effect, as the language of section 57(iii) being clear and unambiguous has to be ..... that while considering the case to extend benefit under section 57(iii) of the act, it is mandatory to find out reason behind the investment and, if the dominant purpose is not for making or earning some income, then deduction under section 57(iii) of the act shall not be available and to ascertain the purpose, the courts may lift the ..... cit [1987] 166 itr 176/32 taxman 32i (sc), held that amount to be allowable under section 57(iii) of the act was not wholly and exclusively spent towards earning of income and as the appellant - assessee, as per the assessing officer, failed to establish the said fact, claim of allowability of .....

Union of India (Uoi) Vs. Great Eastern Shipping Co. Ltd.

Court : Gujarat

Reported in : (2004)2GLR1270

..... 16.2.83.3.2 it may be noted that clause 51 of the said agreement provides for arbitration which reads as follows:'any dispute arising under this charter shall be referred to arbitration and settled in accordance with the provisions of indian arbitration act 1940 in india, each party appointing an arbitrator, and the two arbitrators, in the event of disagreement appointing an umpire whose decision shall be final and binding upon both parties hereto. ..... so the trial court may not set aside the award and may decide to make the award as a rule of the court in view of sec.14 of the act.4.1 the learned trial judge after considering the submissions made by both the parties was pleased to reject the civil misc.application no.172/89 filed by fci for setting aside the award and was pleased to ..... the fci also filed cma no.172/89 challenging the said arbitration award under sec.33 read with sec.30 of the arbitration act praying for setting aside the award before the court on the ground that same is not speaking order and no reasons are assigned in the award. ..... food corporation of india - appellant no.2 ( hereinafter referred to as 'fci') and union of india appellant no.1 - the appellants have filed this appeal under section 39(vi) of the indian arbitration act, 1940 (hereinafter referred to as 'the old act') against the judgment and order dated 20th december, 1990, passed by the learned 2nd joint civil judge (s.d. .....