Court : Gujarat
Reported in : 1953CriLJ1183
Shah, C.J.1. This is an appeal against the acquittal of the respondents, who were charged under Section 12, Bombay Prevention of Gambling Act as adapted and applied to Saurashlra, for gambling in a room of a hotel at Rajkot, known as the Mahavir Lodge owned by respondent 1, on the night of 31.8.1950. The defence was that the said room No. 14 in which the accused were alleged to have been found gambling was reserved for Maganlal Girdharlal, respdt. 4 & was in his exclusive occupation, and it was not, therefore, a place to which the public have or are permitted to have access, as contemplated by Section 12, and that no offence was committed. On the facts also it was denied that the respondents were gambling with cards, and it was stated that they were playing an innocent game of cards knwon as 'chhakdi' when the police raided the said room No. 14. The learned Magistrate upheld both these contentions and acquitted the accused.2. In appeal, the learned Advocate General has urged that a lod...
Tag this Judgment!Court : Gujarat
Reported in : 1953CriLJ21
Baxi, J.1. These petitions have been preferred for a declaration that a certain Act of the former Navanagar State called the Pass Hajari Dhara dated 1.12.1911 was void and inconsistent with the provisions of the Articles 15 and 19 of the Constitution. The petitioners contended that the above Act was enacted for the Vaghers and Pindaras of Virpur under the Bhatia Mahal of the Nawanagar State and should not be applied to them. The learned Advocate General filed his rejoinder dated 6.1.51 in Miscellaneous Application No. 65 of 1950 wherein he stated that the above Act was subsequently applied to various other communities including the petitioner of that application by notifications published in the Gazette. He further contended that the impugned Act imposed reasonable restrictions in the general public interest and in the interest of the scheduled tribes. He also denied that the Act contravened provisions of Article 15 of the Constitution. The Court's attention was thereafter drawn to the...
Tag this Judgment!Court : Gujarat
Reported in : 1953CriLJ1537
Shah, C.J.1. This is an appeal by the State against the acquittal of the respondents by the First Class Magistrate, Chotila, of a charge under Section 77(2), Bombay District Municipal Act, as adapted and applied to Saurashtra. The Saurashtra Government has made octroi rules in exercise of their powers under Section 4, Saurashtra Terminal Tax and Octroi Duty Ordinance No. 47 of 1949 and the Chotila Municipality is empowered by the Government, by Notification dated 12.12.1949 issued in the exercise of its powers under Section 3 of the said Ordinance, to levy octroi in accordance with the above said rules.2. The facts giving rise to the prosecution are that respondent 1 Amra Ramji, who belongs to village Mesaria had contracted to sell 'Methi' to one Dipchand Ujamshi of Chotila, and in accordance with it he brought three carts of 'Methi' to Chotila, in the morning of 7.5.1951 and stopped the carts near the Octroi Naka of the town. Dipchand came to the place and took delivery of one cart on...
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