Gujarat Court February 1954 Judgments
Pola Shambhu Vs. Velji Narshi
Court: Gujarat
Decided on: Feb-26-1954
Reported in: 1955CriLJ1398
Chhatpar, J.1. This is a reference by the Additional Sessions Judge, Junagadh, suggesting that this High Court should set aside the order of the Sub-Divisional Magistrate, passed on an application under Section 145 of the Cri. Pro. Code in favour of the opponent Velji Narsi of Mendarda against Pola Shambhu.2. The opponent had filed an application on 2-7-52 under the above Section complaining of interference with his possession of land by Pola Shambhu. which was likely to cause breach of peace before the First Class Magistrate (Judicial), Junagadh. The First Class Magistrate recorded the statement on oath of the original applicant Velji and passed a preliminary order, whereby he ordered Pola Shambhu to furnish security for maintaining peace in the sum of Rs. 500/- for a period of six months. He at the same time ordered the usual issue of notice to him for hearing of the main application. Both the parties appeared before the Magistrate on 14-7-52, but the case was adjourned to 16-7-52. O...
Tag this Judgment!Hati Nathubhai Mulubhai Vs. State and anr.
Court: Gujarat
Decided on: Feb-26-1954
Reported in: 1955CriLJ838
ORDERBaxi, J.1. The facts leading to this revision may be briefly stated as under :2. The opponent filed a complaint with the Sub-Inspector of Police, Junagadh, that he had purchased a certain house in Malia by a registered sale deed dated 16-11-53 and was in possession of the house and had locked it. On 8-12-53 while he was opening the lock and entering the house he thought that the applicant was going to prevent him from entering it and therefore he tried to relock the house but the applicant tried to prevent him from doing so by catching hold OS his hand but he succeeded in relocking the house. The opponent then went home but in his absence the applicant opened the lock and entered the house and began to throw away its contents on the road. On hearing this the opponent came and found the applicant sitting in the door of the house and was prevented by him from entering the house.During the investigation the police sent a report to the First Class Magistrate wherein they requested for...
Tag this Judgment!Babulal Chakubhai Vs. Saurashtra State
Court: Gujarat
Decided on: Feb-25-1954
Reported in: 1955CriLJ267
Baxi, J.(1) This writ petition is against the order of ex-ternment passed against the petitioner by the District Magistrate, Central Saurashtra, Under Section 47 (B) of the Saurashtra District Police (Amendment) Act, 1951.(2) A notice Under Section 47(E) was served on the petitioner and after hearing his explanation and examining a witness produced by him the learned District Magistrate passed the above order on 29-7-52 ordering the petitioner to remove himself from the limits of the Central Saurashtra Division by a specified route to Bhavnagar and not to re-enter the said limits for a period of two years without permission in writing from the Government.(3) The petitioner's learned advocate challenged the order on various grounds. His first objection was that the material allegations against the petitioner mentioned in the notice were vague and lacked sufficient particulars to enable him to give an effective and complete explanation. His second contention was that these allegations di...
Tag this Judgment!Sanghvi Champaklal Lalchand Vs. Khushaldas Ratanshi and anr.
Court: Gujarat
Decided on: Feb-22-1954
Reported in: 1955CriLJ259
Baxi, J.(1) The question raised in this revision is the nature of privilege which attaches to defamatory statements made in a complaint to the police Under Section 154, Cr.PC(2) The applicant made a report at the Police Station, Rajkot, on 9-8-1951 that a theft was committed in his shop during the previous night and a cream separator was stolen. The applicant stated in the complaint that he suspected both the opponents as thieves. The houses and the shops of the opponents were thereupon searched by the Sub-Inspector but nothing incriminating was recovered. Subsequently the police applied to the First Class Magistrate, Rajkot, for permission to keep the investigation on dormant flie as they were unable to trace the offenders.The opponents thereafter filed two separate complaints against the applicant charging him with the offence of defamation punishable Under Section 500, IPC The applicant's defence was that he had made the complaint against the opponents in good faith. He was however ...
Tag this Judgment!Dosaji Kalaji and anr. Vs. State
Court: Gujarat
Decided on: Feb-02-1954
Reported in: 1955CriLJ271
Chhatpar, J.(1) The appellants have been convicted of offences Under Sections 302 and 447, IPC by the Sessions Judge, Halar District, and sentenced to transportation for life & one month's rigorous imprisonment respectively for the said offences. They were alleged to have trespassed into Ramvadi near the village of Bhatel about 10 or 12 miles from Khambhalia in the Sessions Division of Halar and committed the murder of one Manubha in the early hours of 31-10-52. The deceased Manubha was sleeping on a cot in this Vadi and in the Vadi were also sleeping three other persons (1) Jorubha, (2) Ravubha and (3) Sava Ranmal, the sathi of the deceased. There is no dispute that there existed an old feud between the families of the appellants and the deceased who are all distant cousins.About 4 or 5 years before the present incident Vajesing who was the nephew of the first appellant Dosaji Kalaji was alleged to have been murdered by four persons (1) Manubha, the deceased, (2) Jorubha, who figures ...
Tag this Judgment!Mohan Waghji and ors. Vs. State
Court: Gujarat
Decided on: Feb-01-1954
Reported in: 1955CriLJ739
Baxi, J.1. These revisions arise out of Criminal Appeals Nos. 37 and 38 of 1953 in the Court of the Sessions Judge, Central Saurashtra Division by which he confirmed the convictions of the applicants Under Sections 66 (b) and 65 (a), Prohibition Act, by the First Class Magistrate, Rajkot. The learned Magistrate had sentenced them to consecutive terms of imprisonment for nine months in respect of each offence in addition to ordering them to pay fine. The learned Sessions Judge however set aside the sentence of fine in respect of the offence Under Section 66 (b) and ordered the substantive sentences of imprisonment in respect of both the offences to run concurrently.2. According to prosecution the four applicants had gone to Anjar in Cutch on 24-4-52 to buy country liquor, bought 50 bottles of country liquor there and returned to Rajkot on the early morning of 27-4-52 by train. On alighting at the station they hired a tonga of one Gagji. 3 of them had each a steel trunk and one had a clo...
Tag this Judgment!- ‹ Prev
- Next ›