Court : Gujarat
Reported in : AIR2008Guj57; 2008GLH(1)386
..... hakims who have obtained degrees in integrated courses claim right to practise allopathic system of medicine.further the question is as it appears in para 16, what is the impact of the indian medical council act, 1956 and imcc act, 1970 on rule 2(ee)(iii) of the drugs rules and the notifications issued thereunder and whether the persons who have qualified the integrated courses in ayurveda and unani from various universities are entitled to practise in and prescribe allopathic ..... (1) save as otherwise expressly provided in any special law for the time being in force, no person other than a medical practitioner whose name is entered in-(i) the register or the list maintained under this act;(ii) & (iii) xxx xxx xxx(iv) the indian medical register prepared and maintained under the indian medical council act, 1956,shall practice any system of medicine in the state:provided that, the state government may, by notification in the official gazette, direct that, subject to such conditions as ..... it may deem fit to impose and the payment of such fees as may be prescribed, the provisions of this section shall .....
Tag this Judgment!Court : Gujarat
Reported in : (1979)2GLR414
..... under said circumstances, the said finding of the gujarat revenue tribunal was perfectly justified in taking the view that section 19 of the gujarat devasthan inams abolition act, 1969 has no application to the land in dispute.in spite of the aforesaid discussion, 1 have gone through the entire judgment of the gujarat revenue tribunal, and i am convinced, that the tribunal did function within the statutorily circumscribed limits under section 76 of the tenancy act. ..... (2) that having regard to section 19 of the gujarat devsthan inams abolition act, 1969 as the possession of the aforesaid survey number was taken from the tenant between 8th march, 1969 and 15th november, 1969 such taking of possession was void under sub-sections 4 and 5 of section 19 of the gujarat devasthan inams abolition act, 1969.10. ..... it was also urged before the gujarat revenue tribunal that by virtue of section 19 of the devasthan inam abolition act, 1969, the petitioner should be deeded to have continued in possession of the entire survey number and as such his possession should be protected by virtue of section 19 of the gujarat devasthan inams abolition act, 1969. ..... shaikh before me was that on a true reading of section 19 of the gujarat devasthan lnams abolition act, 1969, if the respondent trust had taken possession of part of the aforesaid survey number the taking of such possession is void of sub-sections (4) & (5) of section 19 of the devasthan inams abolition act, 1969. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1974Guj54; (1973)GLR761
..... been dealt with by section 217 of the bombay land revenue code in the following terms:'when a survey settlement has been introduced under the provisions of the last section or of law for the time being in force, into an alienated village, the holders of all lands to which such settlement extends shall have the same rights and be affected by the in unalienated villages have, or are affected by, under the provisions of this act, and all the provisions of this act, relating to holders of land in unalienated ..... sections 6 and 7 respectively of the bombay talukdari tenure abolition act and bombay personal inams abolition act, have also an explanation appended to them which is identical in terms with explanation to section 8 of the jagir abolition act, referring to the explanation appended to those two sections he has observed that it contemplates only those lands which could be cultivated but which were left fall or uncultivated for a continuous period of three ..... hilly tracks which were uncultivable and on which only grass grew naturally were covered by the expression ' all waste lands and all uncultivated lands' used in sections 6 and 7 respectively of the bombay talukdari tenure abolition act and bombay personal inams abolition act was the question which arose for decision. ..... such hilly tracks fell witching the ambit of ' all waste lands and all uncultivated lands', they would vest in the state under the aforesaid sections 6 and 7 respectively of the bombay personal inams abolition act. .....
Tag this Judgment!Court : Gujarat
Reported in : (1984)43CTR(Guj)255; [1985]154ITR10(Guj)
..... the high court also did not ask the tribunal to submit a statement on the question that the finding that there was no trust was based on no evidence and, therefore, on the question referred the high court, it was bound to accept the findings of the tribunal and to decide the question of law, if any, arising therefrom, and, in so far as the high court ignored the finding of fact and proceeded on assumption and answered the question, it acted beyond its jurisdiction. 27. ..... 6(20) of the madras hindu religious endowments act, 1959, in pichai v. ..... the division bench of the madras high court observed that according to hindu authorities and agama sastras, elaborate rites and ceremonies were introduced in regard to the building of temples and consecration and purification of idols, and that man-made images in contrast to swayambu images or self-revealed ones are installed and consecrated in a temple after due performance of long and elaborate ceremonies of which prana pratishta or vivification ceremony is an essential one by which the eternal spirit is supposed to be infused .....
Tag this Judgment!Court : Gujarat
Reported in : (1976)17GLR1017
..... . union of india : [1967]3scr114 after first setting out how the duty to act judicially under a statute where it is silent could be inferred from the five relevant factors, by reading the express provisions of the statute along with the nature of the rights affected, the manner of the disposal provided, the objective criterion if any to be adopted, the effect of the decision on the person affected and other indicia afforded by the statute, their lordships answered the pertinent question as to whether an administrative function at all stages retains the same character ..... issued notice for removal of the managing committee under the co-operative societies act on the report of investigating auditors on the basis of collective responsibility of the managing committee, it was held that the proceeding under that notice had nothing to do with the misfeasance proceedings against certain members of the managing committee on their individual responsibility and that it could not be held that the registrar was biased in the investigation of individual responsibility of various members of the managing committee and, therefore, the objection on the ground of official bias disentitling .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)1GLR116
..... on the basis of the above reasoning, the full bunchy of the madras tribunal finally stated that the order of the government deciding the cut off date as implementing the government om dated 31.3.1992 and the om dated 22.10.1990 was entirely valid and that the applicants were not entitled to the reliefs and that the earlier judgment of the bangalore tribunal was not correct.10. ..... they are as under:(1)the petitioners were the employees of the respondent board; (2) the board is the creation of the state of gujarat under the khadi gramodyog board act by way of notification dated 5th may, 1960 of the rural development department issued by the deputy secretary to the government and published in the government gazette on 12th may, 1960 and, therefore, the board has come into existence and established as per the notification dated 27th february, 1960 of the industries and corporation of the government of bombay. ..... orders which have been issued and came to be passed, they are in consonance with the notifications of the state of gujarat khadi gramodhyog board by which necessary powers under section 30 sub section (2) (b) of the cottage and village industries act, 1960 and with the previous approval and sanction of the government, rules and regulations have been framed which are known as the gujarat state khadi gramodyog board officers and servants (conditions of service) regulations, 1973 and in this .....
Tag this Judgment!Court : Gujarat
Reported in : (1967)8GLR911
..... .in all other matters they are to continue to be obedient and subservient to the dignified orders of the english government and orders of the department of the supreme court of the said government.written on the 25th twentyfifth of april in the christian year one thousand eight hundred and six corresponding with the fifth of the victorious month of safer in the hijri year 1221.the inam granted under the sanad was admittedly a 'personal inam' within the meaning of section 2(10) of the bombay personal inams abolition act, 1952 and it was, therefore, extinguished by reason of section ..... or office and entered as class i, ii, hi, iv or v in the records kept under the rules made under the pensions act, 1871.this was the definition as originally enacted in the act but by gujarat act 42 of 1961 explanation ii was introduced with retrospective effect and this explanation reads as follows:explanation ii: - in sub-clause (i) of this clause the reference to a grant of land shall include a reference to a grant consisting of a share in the revenue of a village, portion of a village or land;section 3 exempts certain inams from the operation of the act but that provision has no application .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1966Guj149
..... states of madras and kerala : [1960]3scr887 , where, after reviewing its previous decisions, the supreme court held that after the fourth amendment act, 1955, the decision in bhanji's case : [1955]1scr777 would not hold the field and that article 31 as amended in 1955 must be said to be dealing with two subjects, under clause (2) with deprivation of property and under clause (1) with compulsory acquisition or requisition. ..... applies in the present case, and that clause, as it then stood, provided that for the purposes of article 31a:'(a) the expression 'estate' shall, in relation to any local area, have the same meaning as that expression or its local equivalent has in the existing law relating to land tenures in force in that area, and shall also include any jagir, inam or muafi or other similar grant... ..... collector of surat : [1961]1scr951 , where it was urged that in view of article 294(b) of the constitution and in view of the fact that the holder was given a sanad when his inam was recognised, it was not open to the state to enact a law which would in any way vary the terms of the sanad. ..... in 1952, the state of bombay enacted the bombay personal inams abolition act 1952. .....
Tag this Judgment!Court : Gujarat
Reported in : 2003(2)ARBLR259(Gujarat)
..... . in view of the aforesaid provisions of the agreement, provisions of arbitration act, specific relief act and other decisions of the hon'ble supreme court and other courts, the learned counsel for the opponent stated that the order of injunction granted by the trial court is without jurisdiction and the same is contrary to and inconsistent with the principles laid down by the hon'ble supreme court in the aforesaid case.4. mr. s.n ..... supreme court on page 768 at para 12 has further held as follows:'the question whether, if respondent 1 had violated the condition stipulated in the agreement by changing the structure of the firm without taking prior permission from the appellant, still the latter was bound to give to the former an opportunity for rectifying the defect; and whether passing the order revoking the agreement without affording such opportunity will render the revocation order invalid, are matters which are to be considered when the suit is taken up for hearing ..... . he has also relied on another judgment of the madras high court reported in 1998(1) madras law weekly 411 ..... . rangaswamy reddiar, air 1988 madras 162 in which also the court held that ad interim orders are not judgments within the meaning of clause 15 and the proper course is to approach the single judge seeking appropriate further action and not to file appeals against interim orders ..... . he has also relied on the judgment of the madras high court in the case of special tahsildar no .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2003Guj222; (2003)2GLR1395b
..... if the husband is able to prove the ingredients of the provisions of aforesaid sections of the act and in view of section 23(1)(d) of the act there has been unnecessary and improper delay by the husband in instituting the presenting proceedings and therefore in view of the matter, the judgment and decree granted by the appellate court is not in consonance with the provisions of section 23(1)(d) of the act and the same is contrary to law and is inconsistence with the principles laid down by the supreme court and the appellate court ought to have rejected the petition of the petitioner-husband.submissions of learned counsel ..... the learned counsel has relied upon, the judgment of the madras high court in the ..... arvindammal, air 1957 madras 242 the marriage would be avoided or dissolved on the ground of impotence if it is established that at the time of the marriage either of the spouses was incapable of effecting the consummation either due to structural defect in the organs of generation rendering complete sexual intercourse impracticable or due to ..... reported in air 1964 madras 237 and on the decision of the calcutta high court in the case of samar roy chowdhury ..... the learned advocate the petitioner has further relied on the decision of madras high court in the ..... aravindammal reported in air 1957 madras 243 has held in paras 5 and 6 on page 245 as under :20.1 'page 245, para (5) : impotence is defined as lack of ability to perform sexual act and sterility is defined as lack of ability .....
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