Court : Gujarat
Reported in : (1996)1GLR365
..... case, reported in : [1970]2scr908 , the apex court has held, 'by statutory provision, it is expressly enacted that where the purpose is one for which the commissioner of the municipality may require the land under the provisions of the bombay provincial municipal corporations act, 1949, or is a purpose of the act for which it is deemed necessary or expedient by the commissioner of the municipality to acquire the land, such a purpose shall be regarded as a public purpose within the meaning of section 4(1) of the land acquisition act, even if it does not fall within the expression 'public purpose' as normally understood.'10. ..... (2) whenever an application is made under sub-section (1) for the acquisition of land for the purpose of providing a new street or for widening or improving an existing street it shall be lawful for the commissioner to apply for the acquisition of such additionl land immediately adjoining the land to be occupied by such new street or existing street as is required for the sites of buildings to be erected on either side of the street, and such additional land shall be deemed to be required for the purposes of this act. ..... the word 'market' indicates marketing or congregating together of people for the purchase and sale of provisions or live-stock publicly exposed at a fixed time and place. ..... city improvement of trust board, mysore and ors. .....
Tag this Judgment!Court : Gujarat
Reported in : (1970)11GLR428
..... the increase in value on account of the completion of a new canal or the improvement or extension of an existing canal shall be the amount by which the value of the land on the completion date is likely to exceed the value of the land on the construction date and the betterment charges shall be one-half of such increase in value.explanation: for the purposes of this section the state government shall, by notification in the official gazette, specify--(a) the date of the commencement of construction of any work in connection with the construction or improvement or extension of a canal, as the construction date;(b) the date of completion of the construction, improvement or extension of a canal as the completion ..... (1) in the case of unalienated land the occupant, and in the case of alienated land, the superior holder shall be primarily liable to the state government for the payment of the irrigation cess, inclusive of all arrears of such cess:provided that in the case of any land in the possession of a tenant, if such tenant is liable to pay the irrigation cess in respect of such land under the provisions of the bombay tenancy and agricultural lands act, 1948, such tenant shall be primarily liable to pay the irrigation cess, in respect of such land. .....
Tag this Judgment!Court : Gujarat
Reported in : (1979)1GLR732
..... , (1) the bombay port trust act, 1879, (2) the calcutta port trust act, 1899 and (3) madras port trust act, 1905 in support of the contention that under these three statutes the vesting in favour of the port authorities was complete and if the narrow meaning that we are inclined to assign to the term 'vest' applies in respect of the assets of both the central government and the statutory authorities, an anomalous situation will arise, in that, while the properties held by these authorities will vest in possession in the board by virtue of the application of the 1963 act ..... act xxii of 1855 made provision for the safety of vessels and for the convenience of traffic in several ports within the territories in possession and under the government of the east india company and for the improvement, maintenance and good government of such ports, as also to regulate levy of port dues, etc. ..... section 55 provides that the commissioners shall, for the purposes of the act, have power to acquire and hold immovable or movable property by conveyance, gift, lease, assignment or sale from the government or any corporate body or any registered joint stock company or private person; and they shall also have power to sell or lease any immovable or movable property which may have become vested in or been acquired by them; provided that no such sale, or other alienation or lease of .....
Tag this Judgment!Court : Gujarat
Reported in : (1980)2GLR260
..... however, since the bombay prohibition act, 1949, was enacted before the constitution came into force, the challenge to the legislative competence was examined under the relevant entry in the government of india act, 1935. ..... article 47 in part iv of the constitution enjoins upon the state the duty to pay regard to the 'raising of the level of nutrition and the standard of living of its people and the improvement of public health' and further enjoins upon the state to 'endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health'. ..... nanavaty on behalf of the petitioners request this court to direct the licensing authority to dispose of applications for licence, permit, pass or authorization, if made by the petitioners or any of them within a reasonable time so that the petitioners know what they should do to the stocks which they are holding. ..... gur is used for different purposes, such as direct consumption by human beings, stock feeding, for refining, in milk, tea or coffee, for preparing sweetmeats. ..... we may, however, add that this order shall not enable the petitioners to dispose of their stocks of rotten gur except in accordance with the provisions of law. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2004Guj124
..... to substantiate his contention, learned counsel for the appellant has invited our attention to the provisions of the bombay town planning act, 1954 and the bombay town planning rules, 1955.5.1 he has invited our attention to sec.2(2) of the said act which provides definition of 'development plan' means a plan for the development or redevelopment or improvement of the entire area within the jurisdiction of a local authority prepared under sec.3.sec.2(5) provides 'owner' includes any person for the time being received or entitled to receive whether on ..... into the effort of modern society to shape and improve the environment within which increasing proportions of humanity spend their lives: the city. ..... on the making of a town planning scheme, the value of the plot raises and a part of the benefit which arises out of the unearned rise in prices is directed to be contributed towards financing of the scheme which enables the residents in that area to more amenities, better facilities and healthier living conditions. ..... the owner who is deprived of his land has to be compensated, and the owner who obtains a re-constituted plot in surroundings which are conducive to better sanitary living conditions has to contribute towards the expenses of the ..... socially, successful planning tends to make people's lives happier because it results in a physical environment which conduces to health, which allows convenient and safe passage from place to place which facilitates social intercourse and which .....
Tag this Judgment!Court : Gujarat
Reported in : (1974)ILLJ1Guj
..... ' there are also similar provisions in the bombay industrial relations act, 1946, which would be rendered ineffective if the principles of res judicata were applied. 6. ..... he has further pointed out the agreement recently arrived at between the rashtriya mill mazdoor sangh, bombay and the bombay millowners' association, under which all the mills in bombay will be gradually shifting over to 7 day week. ..... if the paying capacity of the employer increases or the cost of living shows an upward trend, or there are other anomalies, mistakes or errors in the award fixing wage-structure, or there has been a rise in the wage-structure in comparable industries in the region, industrial employees would be justified in making a claim for the re-examination of the wage-structure and if such a claim is referred for industrial adjudication the adjudicator would not normally be justified in rejecting it solely on the ground that enough time has not passed after the making of the award ..... exhibit c/42 has been produced to show that the percentage of profit before tax compared to net worth and the percentage of gross profit to sales for the period of 1967-71 does not show an improved position but even a deterioration over the position envisaged by the textile reorganisation committee. ..... the annual holiday with pay under the indian factories act has been in vogue for a long time and there has been no improvement therein. ..... there has been substantial improvement in leave provision in bombay. .....
Tag this Judgment!Court : Gujarat
Reported in : (1961)2GLR153
..... 300/per year cannot by itself mean that the order is inconsistent with the bombay district municipal act as contemplated by the baroda state (application of laws) order 1949 such an inconsistency as contemplated by sub-clause (iv) of section 5 of that order can be said to exist if there is something in the baroda act or the order said to have been made thereunder which is contrary to the provisions or the objects of the bombay district municipal act 1901 section 59 of the bombay district municipal act confers as section 43 of the baroda act does power upon the district municipalities to levy octroi duty. ..... 23a of the income-tax act 1922 there the assessee company was incorporated in 1933 in the state of phaltan first as a private limited company but was subsequently converted into a public limited company on september 17 1942 at the time of its incorporation in 1933 an agreement was arrived at between the company and the phaltan darbar whereby the latter agreed not to levy income-tax on the company for a period of ten years from the date on which the company started its work of manufacturing sugar and after the expiry of the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1963Guj112; (1962)GLR1021
..... therefore, the debt was time-barred both on the personal covenant as well as its enforcement by realisation of the security was concerned if, therefore, the debt was time-barred in both these ways, then ac(sic) ing to the decision, which i have cited earlier, of the learn-ed chief justice chagla in 56 bom lr 571 no application in respect of such a debt could be maintained by the debtor under the bombay agricultural debtors reliaf act 15. mr. ..... after this mutation entry of 1933 was made and the possession was handed over by the applicant to the respondents in 1933, for the first time.in 1950, the present application for the adjustment of the applicants' debts was made by him. ..... it was further contended tit the opponents that in any event by the mutation entry of 1933, there was an arrangement between the parties, by which the debt was considered to be extinguished and in lien thereof possession was handed over by the applicant to the opponents and a mutation entry was made and that, therefore, in any event on this ground also no mortigage subsisted thereafter. 6. ..... as a result, on 18th march 1933, the possession of the land was taken by the applicant from the opponents and mutation entry was made in the names of the opponents vala puna and nanji narshi by consent between the parties. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1965Guj293
..... constituted under the a class municipalities act (no xii of 1940) or that b class municipalities act (no xiv of 1949) of the baroda state (hereinafter called: the baroda municipalities acts') shall be deemed to have been constituted under the bombay district municipal act, 1901 (bom iii of 1901), for the areas for which they were originally constituted and all committees, officers and authorities constituted or appointed under the baroda municipalities act shall be deemed to have been constituted or appointed under the corresponding provisions of the bombay district municipal act, 1901 ..... since the territories of baroda state became, as a result of this last order, part of the territories of the province of bombay, the governor of bombay issued bombay merged states (laws) ordinance, 1949,extending various enactments in force in the province of bombay to the territories of baroda state and the ordinance was subsequently replaced by the bombay merged states (laws) act, 1950. ..... the company has actually purchased the textile mill in june 1933 and started running it in june 1934 and it was after the working of the textile mill had been commenced by the company that the tharav was made by the baroda state. ..... the history of the facts relevant for the purpose of these appeals dates back to 24th june 1933 when the company purchased a textile mill from the liquidator of the laxmi cotton mills company limited at a public auction held by the district judge, mehsana. .....
Tag this Judgment!Court : Gujarat
Reported in : (1967)0GLR167; (1968)ILLJ160Guj
..... rules made, issued or sanctioned by or in respect of any of the municipalities whether constituted under the a class municipalities act (baroda 12 of 1949) or the b class municipalities act (baroda 14 of 1949) of the former baroda state as were in force immediately before 30 day of july, 1949 under the said baroda acts, shall, in so far as they are consistent with the provisions of the bombay district municipal act, 1901, be deemed to have been made, issued or sanctioned by or in respect of the said municipalities under the appropriate provisions of the said bombay act on the said date and continue in force until ..... the bombay district municipal act, 1901, and the bombay municipal boroughs act, 1925, as in force in the province of bombay immediately before coming into force of that order, were extended to and were to be in force in the baroda state subject to any amendments to which the said enactments were for the time being generally subject in the province of bombay. ..... ] (vide supra) was a case of a breach of statuary provision in the act, but the same principle was held by the bombay high court to apply to the breach of the provisions of a statutory rule; see gokak municipality case [42 bom. l.r. ..... on 11 july, 1955 the general body of the municipality passed a resolution stating that though opportunity was given, there is no improvement in the work of the plaintiff and therefore after giving him notice for one month he should be relieved on the expiration of the period of notice. .....
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