Court : Gujarat
Decided on : May-02-1972
Reported in : (1973)14GLR112
..... pay regard, it lays down the perspective and the considerations which must be made. after the decision of the supreme court in amritsar municipality v. state of punjab a.i.r. 1969 s.c. 1101, at page 1103, it is well-settled that the rule adopted by american courts that ..... customers. there is hardly any substance in the challenge of mr. nanavati. mr. nanavati ignores the entire background of this legislation. if the act was not to be frustrated but was to be implemented, the identity of the customers must always be established and the dealer must take sufficient ..... must have approval of the administrator so that he can judge the suitability of the reconstituted firm in issuing a licence as required by the act. therefore, such restriction cannot be said to be an unreasonable restriction but only a permissible restriction. besides, in the approval function the administrator ..... satisfaction of the examining officer was to be deemed to be in possession of such person in contravention of the provisions of the act. chapter iii of the act was referred to which contained sections 8 to 11 dealing with restrictions relating to the manufacture, acquisition, possession, sale, transfer or ..... minimising the scope of that evil. in the light of this social background their lordships considered the reasonableness of the restrictions imposed by the impugned act, in the light of the magnitude of the evil which was sought to be eliminated. their lordships, therefore, justly balanced the individual liberty .....Tag this Judgment!
Court : Gujarat
Decided on : Mar-18-1972
Reported in : AIR1973Guj165
..... right of way was claimed by the appellant were situate in the sim of jamnagar but outside its municipal limits. the suit fell within clause (c) of section 6(iv) of the bombay court-fees act. 1959 and a fixed court -fee of rs. 15/- was accordingly paid by appellants on the ..... presiding over a court in the district this ordinary jurisdiction would be confined to the local limits specified by the state government under section 22-act. but if he is appointed or deputed to assist in the court of another civil judge he would have no separate territorial jurisdiction specified for ..... original suits and proceedings of a civil nature arising within the local limits of his ordinary jurisdiction fixed by the state government under section 22-act. it makes no difference for the purpose of this ordinary jurisdiction whether the subject-matter of the suit or proceeding exceeds or does not ..... division) and the local limits of the ordinary jurisdiction of each civil judge (junior division) are fixed by the state government under section 22-act. these local limits ordinarily coincide with the revenue limits of a taluka but sometime they may comprise even more than one taluka. the third paragraph ..... in other districts. the civil judge (senior division) has therefore ordinary jurisdiction within the local limits fixed by the state government under section 22-act and these limits comprise the taluka in which the district headquarters are situate with the addition perhaps of one or two mahals but in no case .....Tag this Judgment!
Court : Gujarat
Decided on : Apr-25-1972
Reported in : AIR1973Guj159; (1973)GLR279
..... the case of mala fides. there was merely an allegation that as the petitioner was likely to contest the election of the presidentship of the municipality to break down the morals of his supporters and to move the petitioner from the scene of the contest the director of co-operative societies ..... in that case a host of previous decision of the supreme court has been given and where the revenue recovery acts and other acts creating special tribunal and procedure for the expeditious recovery of revenue and state dues were held to be in public interest and that they did ..... j., i had in terms pointed out that the decision in northern india caterers ltd. v. state of punjab. : 3scr399 could not support the attack to the said provisions in the employees state insurance act on the ground that they violated equality guarantee enshrined in article 14. in facts. in the minority decision ..... collector is bound to exercise his judicial discretion when he is moved by an application for executing such order under section 103(b) of the act for coercive recovery under the code. there was no question of any mala fides when the petitioner had defalcated large amounts for which he was ..... the coercive process of arrest was issued. miss shah ignores the fact that these dues have been finally ascertained by the competent tribunal under the act and even at the stage of issuance of the certificate we have read the provisions of notice and opportunity to be heard. therefore the stage .....Tag this Judgment!
Court : Gujarat
Decided on : Dec-12-1972
Reported in : (1974)15GLR32
..... duty, or activity or function was incidentally applied by their lordships on an assumption that the tax department was not an integral part of the municipal service. the municipal service which is undertaken from this capital collected from taxes would always have the tax department as an integral part and, therefore, the test ..... a part and parcel of the panchayat undertaking, in view of the scheme of the act to finance municipal services laid down in schedule 1. section 88 of the act provides that subject to the provisions of the act it shall be the duty of the panchayat to make as far as its finances ..... it is, therefore, obvious that such a tax department which collects charges in order to enable the panchayat to discharge its statutory functions of rendering municipal services was surely industry and could never b treated as regal function. the conclusion in nagpur corporation case has been reached as regards tax and ..... .11. we may at this stage point out that a division bench of the punjab high court consisting of grover, j. and khanna, j. (as they then were) in municipal committee v. ramlal jain a.i.r. 1965 punjab 15 had taken the same view so far as the octroi peon was concerned, ..... by treating the entire question as completely concluded by the nagpur corporation case air 1960 s.c. 675 by holding that octroi duty or terminal tax together with other taxes enable the municipality to discharge its .....Tag this Judgment!
Court : Gujarat
Decided on : Sep-14-1972
Reported in : (1973)14GLR384
..... and correcting or contradicting any statement prejudicial to him. lord loreburn l.c., sneaking of the duties of the board of education pointed out in board of education v. rice (1911) a.c. 179 that the board of education can 'obtain information in any way they think best, always giving a fair opportunity to those who are parties in the ..... the certiorari jurisdiction of the king's bench:wherever any body of persons having legal authority to determine questions affecting the rights of subjects, and having the duty to act judicially, act in excess of their authority they are subject to the controlling jurisdiction of the king's bench division exercised in these writs.lord hewart c.j., put a gloss ..... satisfaction of or 'if the...considers it expedient that' or 'if the...is satisfied that' standing by themselves without other words or circumstances of qualification, exclude a duty to act judicially.' their lordships disagree with this approach. these various formulas are introductory of the matter to be considered and give little guidance on the question of audi alterem portent.... the ..... under chapter xvi and xvii of the indian penal code and he commits such acts within the localities known as city railway station, rajkot, bhagwatipara gate, mahatma gandhi harijan was, bedipara harijan was, bhagwatipara area, triangular park, bedipara under the limits of rajkot city municipality and 'b' division police station, rajkot, and there are reliable materials to prove the allegations contained .....Tag this Judgment!
Court : Gujarat
Decided on : Feb-18-1972
Reported in : AIR1973Guj72; (1972)GLR963
..... according to the plaintiff there was partition of the joint family properties in the life time of trikumal and some property were kept joint and these properties bore municipal; census no. 514, 514/1. 515, 151/1. 516, 516/1 and 686 in asarva and also agricultural lands bearing survey numbers 233 and 150 ..... field bearing survey number 260 was given to some one for removing the earth therefrom for rs. 5,000/-. she therefore, informed the defendant that the said act was illegal and was not binding on her. in the reply. ex. 28. to that portion of the notice, the defendant has stated as under:--'subject ..... in my opinion, the only question which had arisen before the full bench of the madras high court was as to which of the articles of the limitation act applied in the case. the nagpur high court had taken the same view. in the case of gapulal v. gajasa, air 1932 nag 92. it was ..... air 1922 madras decision it is clear that no such point was decided in that case. there also, the question arose as to which articles of the limitation act would apply and the full bench of the madras high court ultimately gave is finding regarding limitation. no doubt, kumarswami sastri. j. who was one of the ..... such a suit was tenable. it may be noted that the real question before the division bench was as to which of the articles of the limitation act applied in a suit for division of property brought by one tenant in common against the others. no question directly arose before the court whether subsequent .....Tag this Judgment!