Search Results Page

Search Results

1 - 10 of 55 (3.50 seconds)
Documents citing Shah Jitendra Nanalal vs Patel Lallubhai Ishverbhai on 10 April, 1984

Hasvantbhai Chhanubhai Dalal vs Adesinh Mansinh Raval on 12 April, 2019

28. Similar questions came up for consideration before a Full Bench of Gujarat High Court in the case of Shah Jitendra Nanalal v. Patel Lallubhai Ishverbhai [AIR 1984 Guj 145]. The Full Bench held that a suit for Specific Performance could be filed despite the provisions of the Ceiling Act. A suit for Specific Performance in respect of vacant land in excess of ceiling limit can be filed and a conditional decree can be passed for Specific Performance, subject to exemption being obtained under Section 20 of the Act. (Paras 11­13)
Gujarat High Court Cites 125 - Cited by 7 - J B Pardiwala - Full Document

P. Gopirathnam And 4 Others vs Ferrodous Estate (Pvt.) Ltd., Rep. By ... on 3 March, 1999

In the decision reported in Shah Jitendra Nanalal v. Patel Lallubhai Ishverbhai, (FB), one of the questions that was raised before the Full Bench was whether a decree for specific performance could be given condition. What is the effect of Section 5(3) read with Section 20 of the Central Act in the agreement of transfer was the matter in issue. Once it is held that Section 6 is an absolute bar, question of granting conditional decree also will not arise. The said argument pre-supposes that agreement and sale are valid and is invalid only as against Government.
Madras High Court Cites 38 - Cited by 20 - Full Document

Ganesh Industrial Estate vs Addl Dy Collector & Competant Officer on 20 April, 2021

13. We find this proposition of law concluded by the Full Bench Judgment of Gujarat High Court in the case of Shah Jitendra Nanalal vs. Patel Lallubhai Ishverbhai Patel [1984 (2) GLR 1001], in which the Full Bench of this Court dealing with the case upon reference by the Division Bench on a question whether a decree for specific performance can be granted by the Court where the proceedings under ULC Act, 1976 have been undertaken by the State and can the Defendant raise a plea in the Court that such decree for specific performance cannot be granted in view of the action of compulsory acquisition under provisions of the ULC Act, 1976. The Full Bench of this Court answered the question in the following manner:
Gujarat High Court Cites 18 - Cited by 0 - V Kothari - Full Document

Hanspur Road Co.Op.Housing Society Ltd vs Vithal Mandir Trust on 12 January, 2023

101. In the background of suit schedule property Page 121 of 157 Downloaded on : Fri Jan 13 20:49:48 IST 2023 C/FA/3517/2000 CAV JUDGMENT DATED: 12/01/2023 being public trust property and both the parties namely plaintiff and defendant (some of them) being ad idem on this had sought permission from the Charity Commissioner to sell the suit schedule property. Even according to the plaintiff, application had been made by trustees of defendant No.1 trust way back in the year 1980. The said application though produced along with the plaint with Mark 129/34 but not marked as exhibit would clearly indicate that for sale of suit schedule property, permission had to be obtained from the Charity Commissioner. The said permission had been sought for and had been rejected by the Charity Commissioner vide order dated 26.2.1986, confirmed by the Tribunal by order dated 13.6.2001 (Exhibit 223) and affirmed in Special Civil Application No.7360 of 2001 vide order dated 12.3.2003. Hence, we are of the considered view that the principle enunciated by the Full Bench in Shah Jitendra's case referred to supra would be inapplicable as in the said case, it was a claim simpliciter for grant of decree of specific specific performance even when such Page 122 of 157 Downloaded on : Fri Jan 13 20:49:48 IST 2023 C/FA/3517/2000 CAV JUDGMENT DATED: 12/01/2023 permission having sought for had been refused.
Gujarat High Court Cites 87 - Cited by 1 - A Kumar - Full Document

Bavabhai Tapubhai Patel vs State Of Gujarat on 30 June, 2021

13. We find this proposition of law concluded by Page 96 of 120 Downloaded on : Thu Jul 01 00:50:51 IST 2021 C/LPA/515/2007 CAV Judgement DATED: 30/06/2021 BAVABHAI TAPUBHAI PATEL Versus STATE OF GUJARAT & 1 other(s) the Full Bench judgement of Gujarat High Court in the case of Shah Jitendra Nanalal vs. Patel Lallubhai Ishverbhai Patel [1984 (2) GLR 1001], in which the Full Bench of this Court dealing with the case upon reference by the Division Bench on a question whether a decree for specific performance can be granted by the Court where the proceedings under ULC Act, 1976 have been undertaken by the State and can the Defendant raise a plea in the Court that such decree for specific performance cannot be granted in view of the action of compulsory acquisition under provisions of the ULC Act, 1976."
Gujarat High Court Cites 41 - Cited by 1 - V Kothari - Full Document

Ganesh Industrial Estate vs Addl Dy Collector & Competant Officer on 20 April, 2021

13. We find this proposition of law concluded by the Full Bench Judgment of Gujarat High Court in the case of Shah Jitendra Nanalal vs. Patel Lallubhai Ishverbhai Patel [1984 (2) GLR 1001], in which the Full Bench of this Court dealing with the case upon reference by the Division Bench on a question whether a decree for specific performance can be granted by the Court where the proceedings under ULC Act, 1976 have been undertaken by the State and can the Defendant raise a plea in the Court that such decree for specific performance cannot be granted in view of the action of compulsory acquisition under provisions of the ULC Act, 1976. The Full Bench of this Court answered the question in the following manner:
Gujarat High Court Cites 18 - Cited by 5 - V Kothari - Full Document

Bavabhai Tapubhai Patel vs State Of Gujarat on 30 June, 2021

13. We find this proposition of law concluded by Page 96 of 120 Downloaded on : Sat Jan 15 09:35:25 IST 2022 C/LPA/515/2007 CAV Judgement DATED: 30/06/2021 BAVABHAI TAPUBHAI PATEL Versus STATE OF GUJARAT & 1 other(s) the Full Bench judgement of Gujarat High Court in the case of Shah Jitendra Nanalal vs. Patel Lallubhai Ishverbhai Patel [1984 (2) GLR 1001], in which the Full Bench of this Court dealing with the case upon reference by the Division Bench on a question whether a decree for specific performance can be granted by the Court where the proceedings under ULC Act, 1976 have been undertaken by the State and can the Defendant raise a plea in the Court that such decree for specific performance cannot be granted in view of the action of compulsory acquisition under provisions of the ULC Act, 1976."
Gujarat High Court Cites 41 - Cited by 0 - V Kothari - Full Document

Ravjibhai Prabhudas Patel Since ... vs Additional Collector And Competent ... on 6 July, 2021

13. We find this proposition of law concluded by the Full Bench judgement of Gujarat High Court in the case of Shah Jitendra Nanalal vs. Patel Lallubhai Ishverbhai Patel [1984 (2) GLR 1001], in which the Full Bench of this Court dealing with the case upon reference by the Division Bench on a question whether a decree for specific performance can be granted by the Court where the proceedings under ULC Act, 1976 have been undertaken by the State and can the Defendant raise a plea in the Court that such decree for specific performance cannot be granted in view of the action of compulsory acquisition under provisions of the ULC Act, 1976."
Gujarat High Court Cites 43 - Cited by 0 - V Kothari - Full Document

Premiben vs Sumanbhai on 26 November, 2010

7. It is in these circumstances, while considering similar position with regard to specific performance of the contact and the bar of Urban Land Ceiling Act with regard to vacant land, the Full Bench of this Court in a judgment in the case of Shah Jitendra Nanalal v. Patel Lallubhai Ishverbhai and ors. reported in AIR 1984 Gujarat 145(1) has considered the same contentions and it has been clearly observed that the court can pass a conditional decree for specific performance subject to the exemption being obtained from the competent authority under the Ceiling Act.
Gujarat High Court Cites 8 - Cited by 0 - R H Shukla - Full Document

Hareshbhai Laljibhai Kapadiya vs Bachuji Amraji Thakor & 22 on 29 August, 2016

6. Ms. Megha Jani, learned advocate for the respondents No.22 and 23 has relied upon the decision of this Court in the case of Rameshbhai Chaturbhai Prajapati and others v. Minaxiben wd/o Rasiklal Tilakram and others [2011(2) GLH 760] wherein the Full Bench decision of this Court in the case of Shah Jitendra Nanalal v. Patel Lallubhai Ishverbhai and others (supra) is considered and Page 5 of 8 HC-NIC Page 5 of 8 Created On Thu Sep 01 03:16:55 IST 2016 C/CA/9318/2013 ORDER distinguished, and has held that, under Section 43 of the Tenancy Act, no transaction can be entered into without previous sanction of the competent authority.
Gujarat High Court Cites 8 - Cited by 0 - A G Uraizee - Full Document
1   2 3 4 5 6 Next