Court : Gujarat
Decided on : Feb-14-1977
Reported in : 1977ACJ253; AIR1977Guj195; (1978)0GLR216
..... v. kishan chand, : air1970mp168 ; p. b. kader v. thatchamma, : air1970ker241 ; prabh kumari v. surrinder nat, 1970 acj 80: (1971 lab ic 116) (j & k) and dewan hari chand v. municipal corporation of delhi, : air1973delhi67 take the view that every claim application for compensation arising out of a fatal accident would be governed by the substantive provisions in ss. 1a and ..... legal representatives of deceased gordhanbhai. we, therefore agree with the view taken in the third group of cases, namely, mohammad habibullah v. k. seethammal, : air1967mad123 ; veena kumari kohli v. punjab roadways, 1967 acj 297 (punj) and smt. ishwar devi malik v. union of india, : air1969delhi183 , on the principal contention regarding the maintainability' of the claim application by the nephews of ..... action regarding personal injuries causing the death of the party enures after his death to his executors or administrators, the maxim action personalis moritur cum persona' notwithstanding.11. the 1855 act although brought on the statute book with effect from march 27, 1855, has not undergone any change. to quote the words of krishna iyer j. (as he then was) ..... to receive 'just compensation' and, therefore, the claimants application cannot 'be thrown out on the ground that the claimants are not persons named in s. 1a of the 1855 act. we must frankly confess that there is a sharp difference of opinion on the rival contentions, canvassed before us amongst the different high courts and we shall presently point out .....Tag this Judgment!
Court : Gujarat
Decided on : Aug-24-1977
Reported in : (1978)19GLR751
..... exercise of supervisory jurisdiction for correcting errors of jurisdiction committed by inferior courts or tribunals though that jurisdiction is different from the appellate jurisdiction. (vide swaran singh v. state of punjab : air1976sc232 what was pointed out in the context of article 227 would still be applicable even under the new package deal of amendments in the forty second constitutional amendment so ..... the entire scheme of this legislation has been interpreted by this court in satsangi shishuvihar kelaroni trust v. p.n. patel . the relevant provision in section 38(1) provides t(1911) 18 g.l.r. 615hat where there is any dispute or difference between the manager of a registered private school and any person in service of such school as headmaster ..... in view of the aforesaid settled legal position.11. even the other question gets concluded because the subordination contemplated under the corresponding section 3 of the earlier contempt of courts act was in terms held to mean judicial subordination and not subordination under the hierarchy of courts under the code of civil procedure or the code of criminal procedure. therefore, ..... of various kinds of all courts and tribunals in appropriate cases. their lordships in terms held that the subordination for the purpose of section 3 of the contempt of courts act, 1952, also meant judicial subordination and not subordination under the hierarchy of courts under the code of civil procedure or the code of criminal procedure.10. if the same .....Tag this Judgment!
Court : Gujarat
Decided on : Aug-30-1977
Reported in : 117ITR86(Guj)
..... had in cit v. hindusthan motors ltd. : 68itr301(cal) , similar facts, where the assessee was a manufacturer of motor cars having a factory within the territorial limits of kotrang municipality which was situated at a little distance away from main trunk road and which was joined by an approach road. the said approach road fell into disrepair and since the ..... finalisation of the town planning scheme in the area in which the mill-company was situated. the division bench, on consideration of the relevant provisions of the bombay town planning act, 1955, which, on a scheme being finalised, required the corporation to provide, inter alia, new roads, schools, civic centres, etc., found that there was an accrual of advantage of permanent ..... the house of lords in bean v. doncaster amalgamated collieries ltd.  27 tc 296 would be appropriate. a colliery company in that case was required by a local drainage act to execute or pay for works ('remedial works') necessary to obviate or remedy any loss or efficiency in a drainage system due to subsidence caused by the company's working ..... held that the expenses are for permanent benefit. 17. our attention has been drawn on behalf of the assessee to a decision of the punjab high court in panipat co-operation sugar mills ltd. v. cit , where the punjab high court has also taken a similar view but for some different reasons. in the circumstances, therefore, we answer the question referred to .....Tag this Judgment!