Court : Gujarat
Reported in : (1977)18GLR54
..... . in that context it has been observed by this court in that decision that permission to institute a suit not only for settling a scheme but also for variations or alterations in a scheme already settled is necessary under section 50 of the bombay public trusts act, 1950, whereas under section 92 of the civil procedure code, permission is necessary only for a suit for settling a scheme and that no such permission is necessary for instituting a suit for altering or varying a scheme already settled ..... if the remedy provided under section 92 does not survive by virtue of the provisions of sections 50 and 52 of the bombay public trusts act, 1950, the relevant clause of a scheme which provides a remedy either for the removal of a trustee or for the modification of a scheme or for any other purpose concerning a public trust and falling under the provisions of the bombay public trusts act, 1950 cannot be given the super legislative status so as to override the provisions of sections 50 and 52 of 'the bombay public trusts act, 1950.12. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1978Guj13; (1977)GLR424
..... 5b of the cinematograph act, which provides so far relevant that a film shall not be certified for public exhibition if, in the opinion of the authority 'competent to grant the certificate, the film or any part of it is against the interests of the security of the state, friendly relations with foreign states, public order, decency or morality, or involves defamation or contempt of court or is likely to incite the commission of ..... now the defendants have obtained a certificate of public exhibition under the cinematograph act and the certificate granted there under in the opinion of the board of film censors is that the film or any part of it is not amongst other things against public order, decency or morality and is not likely to incite the commission of ..... the court in this case considered an english law prior to the decision and the law was that no action in tort lay for mere mental suffering unaccompanied by physical harm though caused by the willful act or carelessness of - the ..... merely licensing control envisaged by the provisions of the cinematograph act cannot be a determinative question for a state has considerable measure of control under its police powers over all types of ..... of the constitution from infringement by any act which bears the impression of the state. ..... entitled, to whatever religion he may be long, to enforce his religious views upon another or to restrain that other from doing any lawful act, because it would not fit in with the tenets of his particular religion. .....
Tag this Judgment!Court : Gujarat
Reported in : [1977]107ITR133(Guj)
..... and the assessee-company had to maintain good relations and by keeping the representatives of the foreign collaborators in good humour the work the assessee-company vis-a-vis the foreign collaborators would be smoothened considerably, it was clearly an act of good management and good managership to generate goodwill and such goodwill would help and was bound to help the assessee-company in keeping its relations with the employees of the foreign collaborators working smoothly and on proper lines. ..... (as he then was), delivering the majority judgment, observed quoting form the earlier decision the majority judgment, observed quoting from the earlier decision of the supreme court in state of madras v. ..... (madras) ltd. ..... to be terminated in certain eventualities even before the expiry of the period; (b) the object of the agreement was to obtain the benefit of the technical assistance for running the business; (c) the license was granted to the assessee subject to rights actually granted or which may be granted after the date of the agreement to other persons; (d) the assessee was expressly prohibited form divulging confidential information to third parties without the consent of the swiss company; (e) there was no transfer of the fruits of research once for all; the swiss company which was continuously .....
Tag this Judgment!Court : Gujarat
Reported in : (1977)18GLR299
..... person responsible for the supervision and control of the establishment;and the expression 'occupier' has been assigned the same meaning by sub-section (15) as is assigned to it in the factories act, 1948 wherein it has been ..... defined as under:2(17) 'principal employer' means-(i) in a factory, the owner or occupier of the factory and includes the managing agent of such owner or occupier, the legal representative of a deceased owner or occupier, and where a person has been named as the manager of the factory under the factories act, 1948 (63 of 1948;, the person so named;(ii) in any establishment under the control of any department of any government in india, the authority appointed by such government in this behalf or where no authority is so appointed, the head of the department;(iii) in any other establishment, any .....
Tag this Judgment!Court : Gujarat
Reported in : (1977)18GLR796
..... the submissions in support of the second ground of challenge were two-fold: (1) that the impugned price fixation was an order within the meaning of section 3 of the act and that since it was an order of a general nature affecting a class of persons, it was required to be notified in the official gazette having regard to the provisions of sub-section (5) of section 3; and (2) that the impugned price fixation was vitiated because it was not done after taking into consideration all the relevant factors. ..... that apart, even having regard to the object of the act and the licensing order and to their scheme, it is abundantly clear that in order to make the provisions thereof workable the power to fix prices of wheat products must be necessarily read into the powers specifically conferred upon the licensing authority. ..... in exercise of the powers conferred by section 3 of the essential commodities act, 1955 (hereinafter referred to as 'the act') the central government has made an order on september 9, 1957 which is called the wheat roller flour mills (licensing and control) order, 1957 (hereinafter referred to as 'the said order') and it has come into force on october 1, 1957. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1977Guj62; (1977)0GLR1
..... the grants of inams whether of a village, portion of a village or land, which were exempted under the provisions of section 3 of the personal inams abolition act have also been abolished under the provisions of the devasthan inams abolition act, with the result, it is of little consequence whether a particular inam is a devasthan inam or not because all inams named under the provisions of section 2 and section 3 of the personal inams abolition act have now, ceased to exist either with effect from the date the personal inams abolition act came into force or from the date when the devasthan -inams abolition act came into ..... the division bench in that case though at one stage posed the question whether the inam in question is a personal inam as defined in section 2 (1) (e) or whether it is an exempted inam falling under section 3(2), later formulated the question in the following terms- 'the question before us is not whether the inam in question is a personal inam, but quite a different question whether the said inam is an exempted inam under section 3 (2) of the act. ..... , held-'where under the madras estates (abolition and conversion into ryotwari) act, 1948 as it stood at the material date, the enquiry by the settlement officer was confined to the ascertainment of two issues viz. ..... state of madras : air1953mad60 . .....
Tag this Judgment!Court : Gujarat
Reported in : (1977)0GLR186
..... part thereof, or any part of his interest therein, the transferee, in the absence of a contract to the contrary, shall possess all the rights and, if the lessee so elects, be subject to all the liabilities of the lessor as to the property or part transferred so long as he is the owner of it; but the lessor shall not, by reason only of such transfer, cease to be subject to any of the liabilities imposed upon him by the lease, unless the lessee elects to treat the transferee as the person liable to him;provided that the transferee is not entitled to arrears of rent due before ..... to the transfer is 'a right as to property' within the meaning of section 109 of the transfer of property act, the proviso to section 109 does not prohibit the lessor from transferring the arrears of rent to his transferee.the proviso also speaks about the liability of a tenant in respect of arrears of rent clue prior to the transfer and provides that if the lessee having any reason to believe that there is transfer of arrears of rent due prior to the transfer, pays the same to the transferee he shall not again be liable to the lessor for the same ..... justice ekbote of the andhra pradesh high court following the decision of the madras high court in satyanarayan v. ..... the madras high court in somsundara v. ..... madras provincial co-operative marketing society ltd. .....
Tag this Judgment!Court : Gujarat
Reported in : (1978)19GLR34
..... , deterioration or non-delivery, in transit, of animals or goods delivered to the administration to be carried by railway, arising from any cause except the following, namely:(a) act of god:(b) act of war;(c) act of public enemies;(d) arrest, restraint or seizure under legal process;(e) orders or restrictions imposed by the central government or a state government or by any officer or authority subordinate to the central government or a state government authorised in this behalf;(f) act or omission or negligence of the consignor or the consignee or the agent or servant of the consignor or the consignee;(g) natural deterioration or wastage in bulk or weight due to inherent ..... defect, quality or vice of the goods;(h) latent defects:(i) fire, explosion or any .....
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 : AIR1978Guj74; (1978)0GLR556
..... ' a decree aw judkial separmasn arfor restitution ai 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 s. ..... 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 although it continues to ewdst so for as s. ..... repeal, sub-7section (i-a) has been brought on the statute book which now permits either party to marriage, whether solemnized before or after the commencement of this act, to present petition for dissolution of marriage by a decree-of divorce on the ground of non resumption of cohabitation as between the parties to the marriage for a period of two years or upwards after the passing of a decree for judicial separation, or where there has been no restitution of conjugal rights between the parties to the marriage for a period of two years or upwards .....
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