.....joshi, learned counsel for the applicant and mr.h.l. jani, learned additional public prosecutor for the respondent-state.5. mr.joshi has contended that the applicant is on bail today and fine amount has also been deposited by the applicant.6. i have gone through the papers produced before me as well as the judgment and order of conviction passed by the learned sessions judge, patan.7. looking to the facts of the case, i am of the opinion that this is a fit case to suspend the sentence awarded to the applicant. hence, the present application is hereby allowed. the substantive sentence is hereby placed under suspension pending hearing and disposal of the main appeal and the applicant-original accused is hereby ordered to be released on bail on his furnishing surety of rs.10,000/- and a personal bond of the like amount on usual terms and conditions. rule is made absolute to the aforesaid extent. direct service is permitted.
Tag this Judgment! Ask ChatGPT.....this civil revision application was admitted and rule was issued on 30.7.2004. while admitting the civil revision application this court has observed in its order that the applicant had taken objection that the arbitration proceeding would not survive in view of the decree passed by the civil court, at amreli in special civil suit no.64 of 1987, since there would be a bar for further proceedings imposed by section 35 of the arbitration act. the other side has raised the contention that the section 35 would operate only when the civil court decided the whole claim made by the petitioner.3. at the time of final hearing of this civil revision application mr.n.l.ramnani, learned advocate appearing for mr.g.t.dayani, for the opponent no.1, submits that against the decree passed by the civil court the opponent no.1 has filed first appeal no.1057 of 1999 which was subsequently transferred to the district court by virtue of change in the legal provisions and the said appeal has already been decided by the district court pursuant to which the opponent no.1 has already paid the entire amount. he has, therefore, submitted that nothing survives in this civil revision application.4......
Tag this Judgment! Ask ChatGPT.....appeal. 5. it appears from the order of the learned single judge, which is impugned in the letters patent appeal, that the learned single judge has relied upon the order passed by the another learned single judge of this court in special civil application no. 9262 of 1994 on 16.06.2008. 6. learned counsel for the applicant fairly conceded that against the order dated 16.06.2008 in special civil application no. 9262 of 1994, the letters patent appeal was preferred and the said letters patent appeal no. 1298 of 2008 has been dismissed with the other group of matters by the division bench of this court vide order dated 18.11.2009 and the said order of the learned single judge in special civil application no. 9262 of 1994 has been confirmed.7. in above view of the matter, it appears to us that when the judgement and order of the learned single judge in special civil application no. 9262 of 1994, which is considered as a basis by the learned single judge in the impugned order, has been confirmed in the proceedings of letters patent appeal no. 1298 of 2008, the issue can be said as covered by the decision of the letters patent appeal bench and, hence, it can be said that there is no.....
Tag this Judgment! Ask ChatGPT.....advocates for the parties do not press for reasoned order.7. considering the submissions made on behalf of the parties and having regard to the facts and circumstances of the case, the application is allowed and applicant is ordered to be released on bail in connection with cr no. i-414/200 9 registered at umara police station, surat for the offences alleged against him in this application on his executing bond of rs. 10,000/- (rupees t en thousand only) with one solvent surety of the like amount to the satisfaction of the lower court and subject to the conditions that he shall,a) not take undue advantage of his liberty or abuse his liberty;b) not act in a manner injurious to the interest of the prosecution; c) not leave the local limits of state of gujarat without the prior permiss ion of the concerned sessions judge.d) furnish the address of his residence to the i.o. and also to the court at the time of execution of the bond and shall not change the residence without prior permission of this court;e) surrender his passport, if any, to the lower court within a week;8. the authorities will release the applicant only if he is not required in connection with any other offence.....
Tag this Judgment! Ask ChatGPT.....app for the respondent state.4. having heard learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the accused and punishment prescribed for the alleged offences, without discussing the evidence in detail, at this stage, i am inclined to grant anticipatory bail to the applicant.5. learned counsel for the parties do not press for further reasoned order.6. in the result, this application is allowed by directing that in the event of the applicant herein being arrested pursuant to complaint being criminal misc. case no. 57 of 2010 in the court of chief judicial magistrate, at navsari, the applicant shall be released on bail on furnishing a bond of rs.5,000/- (rupees five thousand only) with one surety of like amount on following conditions :-a. shall cooperate with the investigation and make available for whenever required;b. shall remain present at the concerned police station on 27.01.2011 at 11.00 a.m.;c. shall not hamper the investigation in any manner nor shall directly or indirectly make any inducement, threat or promise to any witness so as to dissuade them for.....
Tag this Judgment! Ask ChatGPT.....order dated 31^st august 2010, passed by the senior superintendent of post offices, vadodara west division, vadodara be quashed and set aside.2. the facts of the case are that, the petitioner, through his wife, invested amount on various dates in kisan vikas patra (hereinafter referred to 'kvp'), details of these investments are set out in a tabular form, produced at annexure 'b', page 11 to this petition. the amount invested totals to rs.2,80,000/-, which will be rs.5,60,000/- on maturity. what is important is that, the wife of the petitioner was the 'sas' 'agent' for collecting the deposits under various schemes of post office. through her, the petitioner - husband deposited aforesaid amount in kvp with the post office authorities.2.1 the learned advocate for the petitioner relied upon a decision of this court in the matter of mahila seva sahakari bank ltd. v. chief post master, reported in 2007 (2) glr 945, wherein this court held that, 'in view of the fact that there is a binding decision in the matter of kvp itself, the present petition is allowed'. the court was pleased to direct the respondent, 'to pay the amount of kvps, purchased by the petitioner bank, with interest at.....
Tag this Judgment! Ask ChatGPT.....app for the respondent state.5. having heard learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the accused coupled with the fact that charge sheet is filed, without discussing the evidence in detail, at this stage, i am inclined to enlarge the applicants on bail.6. learned counsel for the parties do not press for further reasoned order.7. in the facts and circumstances of the case, the application is allowed and the applicants are ordered to be released on bail in connection with first information report registered at c.r. no.i 169/2010 with vaghodia police station, on executing bond of rs.5,000/- (rupees five thousand only) each with one surety of the like amount to the satisfaction of the trial court and subject to the conditions that they shall;a. not take undue advantage of liberty or misuse liberty; b. not act in a manner injurious to the interest of the prosecution; c. surrender their passport, if any, to the lower court within a week; d. not leave the state of gujarat without prior permission of the sessions judge concerned;e. mark their presence at the.....
Tag this Judgment! Ask ChatGPT1. the present application is filed by respondent nos.2 and 3 in the main matter. the prayer sought for in this application is as under:-"7. a. this application under section 8 of the arbitration and conciliation act, 1996, be allowed and the disputes raised in the petition be referred to arbitration in accordance with arbitration clause in dealership agreement executed by this applicant with the petitioner."2. learned advocate mr.pratik barot for the original petitioner states that the petitioner has no objection if the matter is referred to arbitration in accordance with arbitration clause in the dealership agreement between the parties.3. that being so, this application deserves to be allowed.4. rule. learned advocate mr.pratik barot waives service of rule on behalf of the respondent-original petitioner.5. for the contents of the application and the submission made by learned advocate ms.minoo a.shah for the applicants, the application is allowed. the dispute ventilated in the petition is referred to arbitration in accordance with arbitration clause in the dealership agreement between the parties. rule is made absolute. no costs.
Tag this Judgment! Ask ChatGPT.....arise out of the common orders and therefore, they are disposed of by this common judgment.2. in s.c.a. no.551/2011, challenge has been made to the order passed below application exhibit-83 dated 30.11.2010 as also the order passed below application exhibit-5 dated 09.12.2010 filed in civil misc. appeal no.565/2008 by the learned 4^th addl. sr. civil judge, rajkot, whereby, application exhibit-83 came to be rejected and application exhibit-5 was allowed.3. in s.c.a. no.16741/2010, challenge has been made to the order passed below application exhibit-83 dated 30.11.2010 by the learned 4^th addl. sr. civil judge, rajkot, whereas, in s.c.a. no.16745/2010, challenge has been made to the communication dated 19.04.2010 of the principal district judge, rajkot, whereby, the concerned learned 4^th addl. sr. civil judge, rajkot has been informed that it is not required to consider the application for revocation of the succession certificate and therefore, the matter be proceeded on merits.4. heard learned counsel for the respective parties at length and perused the documents on record. during the course of hearing, a consensus has been arrived at between the parties on the basis of which.....
Tag this Judgment! Ask ChatGPT.....the proposals, as per communications dated 7.11.2008 and 16.10.2009 in respect of granting higher pay scale to the petitioner, after giving him an opportunity for hearing.4. upon the above statement being made by the learned counsel for the petitioner, the following order is passed :5. respondent no.2 is directed to take an appropriate decision in respect of the matter granting higher pay scale to the petitioner, after granting him an opportunity for hearing. the said decision be taken in accordance with law, and within a period of three months from the date of receipt of a copy of this order.6. it is clarified that while passing this order, the court has not entered into the merits of the case. the petition is disposed of, in the above terms.
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