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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: gujarat Year: 1963 Page 2 of about 17 results (0.034 seconds)

Apr 18 1963 (HC)

Hirji Madha Vs. Nagji Kurji and ors.

Court : Gujarat

Decided on : Apr-18-1963

Reported in : (1964)5GLR289

..... declarationthe applicant shall notwithstanding anything contained in the definition of debtorin sub-section (5) of section 2 be deemed to be a debtor for the purposes of this act and the court shall proceed as if an application under section 4 had been made to it.section 25 which follows this section is in the nature of an exception to section 24 and it provides as unden-25 nothing ..... be a bona fide transferee for value without notice of the real nature of the transfer. the wordbona fide is not defined in the act. the bombay general clauses act however does is its section 3(20) setting out definitions state that a thing shall be deemed to be done in good faith where it is in fact done honestly whether it is done ..... . then mr. vakharia argued that the definition given in the transfer of property act of notice should apply to the wordnotice in this act because this particular section deals with transfer of property. but there is no warrant for importing the definition of notice from the transfer of property act which is a central act and not a provincial act as the act is. if the legislature intended to ..... to his knowledge when the information conveyed is express and it brings home knowledge directly to a party the notice is said to be actual notice. actual notice embraces all degrees and grades of evidence from the most direct and positive proof to the slightest evidence from which a court would be warranted in inferring notice. it is a question of .....

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Mar 12 1963 (HC)

Bai Asmalbai W/O. Vora Mahamad Alli Vs. Esmailji Abdulali and ors.

Court : Gujarat

Decided on : Mar-12-1963

Reported in : AIR1964Guj174; (1964)0GLR678

..... that notwithstanding the execution and registration of a particular document purporting to be a sale deed, there is, in fact, no sale, in view of the definition of sale in section 54 of the t. p. act. the consideration can be fully paid or partly paid or partly promised or fully promised. the idea that there can he no sale unless the consideration ..... , the fact that the executant of the document was not in need of money are irrelevant under the evidence act. there is no section in the evidence act whereby such facts are relevant. section 11 of the evidence act has no application because section 11 requires high degree of probability or improbability. what the plaintiff has to prove is that there was no transfer of ownership of ..... properties and that it was properly valued for the purposes of court-fees under section 7(iv)(f) of the court-fees act, 1870'. 10. the next point urged is that the suit is barred by the provisions of order 2 rule 2 of the c. p. code. order 2 rule 2 reads as follows:-- '(1) every suit shall include the whole of the claim which ..... 8 persons for administration of the properties of the deceased mahmadalli ibrahimji who was the uncle of defendant nos. 1 to 5 (sic) and maternal uncle of defendant nos. 2 to 7. 2. the civil judge, j. d., balasinar, granted a decree for administration and appointed a commissioner to work out of the partition of the properties of the deceased amongst his .....

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Dec 10 1963 (HC)

Prahladbhai Sataramdas Vs. Ashabai Trikamji

Court : Gujarat

Decided on : Dec-10-1963

Reported in : (1964)5GLR417

..... not provide for an appeal against every order made by the court in proceedings under the act but that it provided for an appeal only against an order which fell within the definition of the word - decree under section 2(2) of the civil procedure code 1908 or which was an order against which an appeal was provided under that code. on this reasoning the learned judge ..... held that the order granting interim relief under section 24 was not appealable the division bench of court did not agree with this interpretation of section 28 of the act. first of ..... of a division bench of this court in kadia harilal purushottam v. kadia lilavati gokuldas reported in 2 gujarat law reporter 536. the question which the bench was called upon to decide was whether an order for payment of permanent alimony under section 25 of the act was appealable or not. one of the arguments which was advanced before the division bench in ..... . (i) the topic of enforceability and (ii) the topic of appealability. both these topics have been mentioned in relation to decrees and orders. decrees and orders the enforceability made or the appealability of which are mentioned are decrees and orders by the court in any proceeding under this act. as regards the first topic the section provides that decrees and orders shall be .....

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Sep 03 1963 (HC)

Commissioner of Income-tax, Gujarat Vs. Rajmitra Bhailal AmIn Charitab ...

Court : Gujarat

Decided on : Sep-03-1963

Reported in : [1964]54ITR241(Guj)

..... : 'whether, on the facts and in the circumstances of the case, the assessee-trust is entitled to exemption under section 4(3)(i) of the indian income-tax act, 1922 ?' 6. the definition of what is a charity is one which is not a definition that it would receive in ordinary parlance. as has often been pointed out by courts, the expression charitable purpose ..... the expression 'charitable purpose' and it runs as follows : 'in this sub-section 'charitable purpose' includes relief of the poor, education, medical relief, and advancement of any other object of general public utility, but nothing contained in clause (i) or clause (ii) shall operate to exempt form the provisions of this act that part of the income from property held under a trust or ..... enactment is a term of art and for the purposes of income-tax it has to be given the meaning the act affords to it in the explanation to section 4(3) which explanation is an inclusive and not an exhaustive definition. section 4(3)(1) provides that : '4. (3) any income, profits or gains falling within the following clauses shall not be included ..... in the total income of the person receiving them : (1) subject to the provisions of clause (c) of sub-section (1) of section 16, any income derived from property held under trust .....

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Apr 30 1963 (HC)

Firm of Amratlal Ravjibhai Vs. Firm of Pari Parshottamdas Harivallabha ...

Court : Gujarat

Decided on : Apr-30-1963

Reported in : AIR1964Guj253; (1964)0GLR369

..... that the costs of an advocate or pleader shall be taxed in accordance with the rules framed by the high court under section 16 of the bar councils act or section 31 of the bombay pleaders' act. in this case it was common ground that advocates were engaged on either side and not pleaders. the question of costs ..... than one advocate is entitled to advocate's fee on the basis of two advocates is that contained in rule ii of chapter xiv of the rules made under section 16 of the bar councils act but that rule is by its express terms applicable only to an appeal and does not apply to a suit. ..... summary suits in the ahmedabad city civil court rules, 1961, made by the high court in exercise of its powers under article 227 of the constitution and section 122 of the code of civil procedure. the facts giving rise to the appeal may be briefly stated as follows: on 24th november 1962, the appellants ..... the rules framed by the high court under section 16, of the bar council act, we find that by rule 1 of chapter xiv it is provided that where costs are awarded ..... would, therefore, have to be decided by reference to the rules framed by the high court under section 16 of the bar councils act. turning to .....

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Sep 03 1963 (HC)

The State Through Dhahyabhai Haribhai Vs. Bhikhubhai Ranchhodji Desai ...

Court : Gujarat

Decided on : Sep-03-1963

Reported in : 1965CriLJ428

..... following passage from the judgment on which, apparently, reliance was placed in fakir singh's case ilr 10 lah 442 : air 1928 lah 787 and which was definitely rejected therein:this reading of the section appears to us to involve no undue straining of the language and to give a more reasonable interpretation than is arrived at by the rival construction; for ..... produced, in our juryman, this would be not interpreting clause (c), but entering into the realm of legislation. we do not find any such justification in clause (4) of section 195 or the definition of the. word 'offence', as the full bench found for extending the ambit of clause (c) aforesaid. in our judgment, the mere fact that one distinct offence happens ..... court. in our judgment, the object which mr. vidhyarthi has propounded as the legislative object, cannot be accepted as the object which the legislature had in mind.17. in air 1916 all 299, bhawani das v. emperor in which a division bench of the allahabad high court was called upon to construe the expression 'offence committed by a party' as used ..... in the proceedings. this douching is a contract of sale by which respondent no. 2 agreed to sell survey no. 205 to respondent no. 3. this document was produced before the agricultural lands tribunal, navsari, in a proceeding under section 32g of the bombay tenancy and agricultural lands act, 1948. that proceeding terminated sometime thereafter. on 20th of june 1961, one dahyabhai haribhai .....

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Oct 05 1963 (HC)

Baimanchha Wd/O. Nathurhai Bhagvanji and ors Vs. Sardar SajjadnashIn S ...

Court : Gujarat

Decided on : Oct-05-1963

Reported in : (1963)4GLR545

..... be accepted. the same result follows from the latest supreme court case also above referred to in ms. rukhmabai v. lala laxminarayan and ors. reported in : [1960]2scr253 that case definitely decides that a right to sue accrues when the right is effectively threatened or invaded. in the present case it is not merely a case of effective threat but it ..... . : [1960]2scr253 . the relevant observations are to be found at page 349 in this case it was urged that the right to sue had begun in 1916 1920 and 1929 when certain acts were committed. in 1916 a trust deed was executed in 1920 a house was erected on the suit site and in or about 1929 a suit was instituted in relation ..... the main point which requires determination in the appeals is whether the facts of the case are governed by section 23 of the indian limitation act. that section provides for two types of cases: (i) the case of a continuing breach of contract and (ii) the case of a continuing wrong independent of contract. we are concerned with the latter type of case. in ..... or jeopardizes the said right.examining the case in the light of these observations their lordships came to the conclusion that the cause of action of the trust deed in 1916 the construction of the house in 1920 and the institution of the suit in or about 1929 did not constitute such imminent threats as furnished a compulsory cause-of-action .....

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