Court : Gujarat
Reported in : (1960)1GLR233
..... it was held that the period of absence for three consecutive months is to be computed from the date of his first default in attending the meeting and the member thus brought himself clearly within section 56(1)(h) of the madras local board act 1920 a question was raised whether the member forfeited his seat by reason of his non-attending in the two meetings held in july and ..... the contention on behalf of the opponents on the other hand was that since the word 'month' has not been defined in the act, the meaning to be attached to the word 'month' must be according to the bombay general clauses act which under section 3(30) defines the month as meaning a month reckoned according to the british calendar, month means the period here fore commencing from the 1st of the month and therefore the period of absence must be reckoned from the 1st of march 1959, and ending on 30 ..... as in the case of the madras act the legislature has deliberately used the plural to avoid a probable mischief that a president might be tempted to commit on finding that a member has remained absent from a meeting and upon that not calling any other meeting during the four successive months or to avoid a member suffering from disability on his having remained absent due to unavoidable circumstances from even ..... under section 66(1)(h) of the madras local boards act, 1920, it was provided that failure of a member of a taluka board to attend meetings of the board for three consecutive months entitled discontinuance of .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1962Guj297; (1961)2GLR454
..... neither estates nor jagirs, as defined in the act and, therefore, the notifications under section 21 of the act in so far as they related to them were illegal so far as the contention as to resumption was concerned, it was held that such resumption was not in enforcement of the rights which the rulers had to resume jagirs in accordance with the terms of the grant or the law applicable to it, but in exercise of the sovereign rights of eminent domain possessed by the state, and, therefore, the taking of the properties from the petitioner there was in substance acquisition notwithstanding ..... '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 munafa or other similar grant and in, the states of madras and kerala, auy janmam right; (b) the expression 'rights', in relation to an estate, shall include any rights vesting in a proprietor, sub-proprietor, under-proprietor, tenure-holder, raiyat, under-raiyat or other .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1963Guj315
..... prospects of the election of various ..... of the present case, having regard to what the agent had been doing prior to the acceptance of the agency, with every probability of the agent continuing in the same manner as before after the agency had been accepted, it could be said that there was the consent of the principal to the act of corrupt practice committed by the agent when the agent, not being merely the agent of one individual but being the agent of various persons in the state who had been sponsored by the agent, continued its activity as before in the furtherance of the .....
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 : AIR1968Guj124; (1970)0GLR226
..... if we hold that the validation act is itself valid, then, at the most the validation act can validate the post levy upto the date of the commencement of the validation act and supply authority to recover dues in future in respect of the past taxation, but that, that validation ac cannot validate the invalid tax for the period subsequent to the commencement of the validation act and that, therefore, the municipality did not have any authority in law to recover the house tax for the year 1964-65 and the proportionate tax for the period from ..... 73 of the boroughs act or any other provision of the boroughs act so as to confer retrospectively authority to levy and collect the house tax on the basis of capital value; (6) that, in any event, the house tax for 1964-65 levied on the basis of the capital value is not saved by the validation act or by any other provision of the municipalities act; (7) that the proportionate tax from 27th january 1964 to 31st march 1964 is not saved by the validation act or any other provisions of the municipalities act; (8) section 279 sub-section (2), of the municipalities act does not save the house .....
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 : (1969)10GLR197
..... section 72 lays down the procedure by stating that in all inquiries and proceedings commenced on the presentation of application under section 71 the mamlatdar or the tribunal shall exercise the same powers as the mamlatdar's court under the mamlatdar's court act, 1905, and that save as provided in section 29, he shall follow the provision of the said act, as if the mamlatdar or the tribunal were a mamlatdar's court under the said act and the application presented was a plaint presented under section 7 of the said act. ..... 1938 madras 193, which was expressed in the following words:there is nothing in law which says that the moment a person's right is denied, be is bound at his peril to bring a suit for declaration. ..... further observed:it is more difficult question, what is the extent of the injury or infringement that give rise to what may be termed a compulsory cause of actionafter considering all these decisions their lordships finally summarised the entire legal position in the following words at page 288:the right to sue under article 120 of the limitation act accrues when the defendant has clearly and unequivocally threatened to infringe the right asserted by the plaintiff in the suit. .....
Tag this Judgment!Court : Gujarat
Reported in : (1970)11GLR821
..... by the order, dated may 8, 1957, of the assistant collector under section 5(2) of the bombay personal inams abolition act, 1952, the petitioners were' held to be occupants keeping at the same time the question open as to whether these respondents were permanent or protected tenants for which purpose they were asked to approach the competent authority under the tenancy act. ..... merely because in a proceeding under section 70(b) the procedure which the mamlatdar has to follow is the procedure under the mamlatdars courts act, the order passed by the mamlatdar under section 70(b) would not be an order which can be revised under section 23 of the mamlatdars' courts act.4. ..... as regards section 23 of the mamlatdars courts act, it is obvious that the mamlatdar had no jurisdiction to determine this dispute whether the respondents were permanent tenants or protected tenants as the jurisdiction of the mamlatdars' court was clearly excluded under section 85(1) of the tenancy act. ..... the deputy collector had mentioned three provisions of law for invoking his jurisdiction: (1) section 23 of the mamlatdars courts act, (2) section 74 of the tenancy act, and (3) section 76a of the tenancy act. ..... i have pointed out therein that section 70 of the tenancy act mentions duties and functions to be performed by the mamlatdar for the purposes of the act. .....
Tag this Judgment!Court : Gujarat
Reported in : (1971)12GLR138
..... grounds:(i) a candidate being disqualified or not qualified under the act or these rules for election;(ii) nominator not being qualified to nominate the candidate;(iii) failure to comply with any of the provisions prescribed by these rules or the act;(iv) a candidate, proposed or seconder not being identical with the person whose electoral number is specified in the nomination paper as the number of such candidate, proposed or seconder, as the case may be;(v) the signature of the candidate, or of the proposed or seconder not being genuine or having been obtained by fraud.non-compliance ..... with both the aforesaid requirements of rule 8 regarding the nominators being qualified to nominate, and .....
Tag this Judgment!Court : Gujarat
Reported in : (1971)12GLR894
..... the scope of inquiry in such a case is bound to be narrow and restricted; but the existence of the power in the court to hold such an enquiry will itself act as a salutary check on the capricious exercise of the power conferred under section 123, and as some of the decisions show, the existence of this power is not merely a matter of ..... such be the position even with regard to privilege claimed for non-production of document concerning the affairs of the stale, it is rather too late in the day to say that section 123 will afford a guideline to the procedural provision by which the court acts at the behest of a ..... are several provisions such as section 22 of the hindu marriage act, section 33 of the special marriage act and section 53 of the indian divorce act which provide for camera trial and that too at the desire of a party. ..... illustration it was pointed out that if a tribunal is authorised by an act to determine compensation for property compulsorily acquired, without hearing the owner of the property, the act would be liable to be struck down under article 19(1)(f). ..... 19(1) postulates a legal capacity to exercise the rights guaranteed by it and if a citizen loses the freedom of his person by reason of lawful detention, as a result of a conviction for an offence or otherwise he cannot claim the rights under sub-clauses (a) to (e) and (g) because the freedoms end where lawful detention begins and therefore the validity of a preventive detention act cannot be judged by article 19(5). .....
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