Gujarat Court September 1960 Judgments
State Vs. Haji Mohomed and Haji Abderahim
Court: Gujarat
Decided on: Sep-29-1960
Reported in: 1961CriLJ225; (1961)2GLR271
Miabhoy, J.1. This is an acquittal appeal by the State. The appeal is directed against the order, dated ' 1~12-1959 passed by the learned Judicial Magistrate, First Class Rajpipla, under Section 247, Criminal Procedure Code, acquitting respondent No. 1, Haji Mohamed Hussein Haji Abderahim, hereafter called the 'respondent' of the offence under Sections 96(5) and 155 of the Bombay District Municipal Act, 1901, hereafter called the 'Act'). The complainant in the proceedings in which the acquittal order was passed was the Secretary of the Rajpipla District Municipality. The complainant has also filed against the aforesaid order of acquittal Criminal Application No. 35 of 1960, in which an order has been passed by a Division Bench of the then Bombay High Court that the same be heard along with this criminal appeal, which was in that Court numbered as Criminal Appeal No. 268 of 1960.2. Mr. Desai, the learned Counsel for the respondent has raised a preliminary objection and, before dealing w...
Tag this Judgment!Bai Shakri Vs. New Manekchowk Mills Company Ltd.
Court: Gujarat
Decided on: Sep-28-1960
Reported in: [1962(4)FLR369]; (1961)GLR23; (1961)ILLJ585Guj
1. This is an appeal under S. 30 of the Workmen's Compensation Act, 1923. 2. The appellant's husband, Naraindas Maganlal, was employed in the weaving department of the respondent mills. 3. On 14 August 1955, he had gone to work in the shift II which was to commence at 3-30 p.m. At 3-20 p.m. while he was sitting in the grey folding department, where he had gone to see a friend, he got a serious heart attack and was removed from the mills to the Civil Hospital. He remained as an indoor patient in the Civil Hospital for about a month and a half and was then discharged. He died on 16 March 1956. 4. The case of the appellant was that her husband died as a result of an injury caused to his heart by the accident which arose out of and in the course of his employment. The respondent's case was that the deceased got an attack at 3-20 p.m. on 14 August, 1955 before the shift II commenced and while he was sitting in the grey folding department where he had gone, not for the mills' work but for hi...
Tag this Judgment!Bai Shakri W/O Naraindas Maganlal Vs. New Manekchowk Mills Co. Ltd.
Court: Gujarat
Decided on: Sep-27-1960
Reported in: AIR1961Guj34; (1961)2GLR23
Shelat, J.1. This is an appeal under Section 30 of the Workmen's Compensation Act, 1923.2. The appellant's husband, Narandas Maganlal, was 'employed in the weaving department of the Respondent Mills. On the 14th of August 1955, he had to work in the second shift which was to commence at 3-30 P.M. At 3-20 P.M. while he was sitting in the Grey folding department, where he had gone to see a friend, he got a serious heart attack and was removed from the Mills to the Civil Hospital. He remained as an indoor patient in the Civil Hospital for about a month and a half and was then discharged. He died on 16-3-1956.3. The case of the appellant was that her husband died as a result of an injury caused to his heart by the accident which arose out of and in the course of his employment. The respondent's case was that the deceased got an attack at 3-20 P.M. on the 14th of August 1955 before the second shift commenced and while he was sitting in the Grey folding department where he had gone not for t...
Tag this Judgment!Ahmedmiya Haji Chhotumiya Vs. Fatmabu Abubuker and ors.
Court: Gujarat
Decided on: Sep-26-1960
Reported in: AIR1961Guj31
ORDERShelat, J.1.This application raises a question of some interest regarding the interpretation of Section 43 of the Bombay Court-fees Act, No. XXXVI of 1959. The question arises in the following manner :The opponents-plaintiffs filed a suit No. 92 of 1957 in the Court of the 2nd Joint Civil Judge (Senior Division), Ahmedabad, against the petitioner-defendant for the recovery of Rs. 12412-8-0 alleged to be due and payable under a promissory note executed in 1951 by the petitioner. The Trial Court rejected the petitioner's plea of limitation and passed a decree in favour of the opponents-plaintiffs for a sum of Rs. 12,347-8-0. On the 17th of January 1957, the petitioner presented a First Appeal against the said decree. On the 7th of April 1959 that appeal was registered and given a number, viz. No. 281 of 1959. Before the appeal could come up for admission, the learned advocate for the petitioner lodged a note before the office for the appeal to be placed on Board for withdrawal. In a...
Tag this Judgment!State Vs. Mali Jasa Bhoja
Court: Gujarat
Decided on: Sep-23-1960
Reported in: AIR1961Guj49; 1961CriLJ496
ORDERMehta, J.1. This is a reference made by the learned Sessions Judge, Kutch, recommending that an order of commitment made by the learned Judicial Magistrate, First Class, Rahpar, committing one Mali Jasa Bhoja, who was accused No. 2, in Sessions Case No. 10/60, in the Court of the learned Sessions Judge, Kutoh, to sessions on a charge of murder under Section 302, read with Section 111 of the I. P. C. be quashed. 2. The facts leading to the reference are briefly this way: The learned Judicial Magistrate. First Class Rahpar, committed one Mali Panch Vagha, who was accused No. 1, to the Sessions Court, Kutch, for an offence of murder under Section 302 of the I. P. C. and also committed the present accused Mali Jasa Bhoja along with the first accused to stand his trial for an offence under Section 302 read with Section 111, I. P. C. It appears that pending the investigation of this case, the present accused Mali Jasa Bhoja was tendered pardon by the Judicial Magistrate, First Class, Ra...
Tag this Judgment!State Vs. Mali Pancha Vagha Khandek and anr.
Court: Gujarat
Decided on: Sep-23-1960
Reported in: (1961)2GLR191
R.B. Mehta, J.1. This is a reference made by the learned Sessions Judge. Kutch. recommending that an order of commitment made by the learned Judicial Magistrate. First Class, Rahpar, committing one Mali Jasa Bhoja, who was accused No. 2. in Sessions Case No. 10/60, in the Court of the learned Sessions Judge, Kutch, to sessions on a charge of murder under Section 302, read with Section Ill of the I.P.C. be quashed.2. The facts leading to the reference are briefly this way:The learned Judicial Magistrate, First Class Rahpar, committed one Mali Pancha Vagha, who was accused No. 1, to the Sessions Court, Kutch, for an offence of murder under Section 302 of the I.P.C. and also committed the present accused Mali Jasa Bhoja along with the first accused to stand his trial for an offence under Section 302, read with Section III I.P.C. It appears that pending the investigation of this case, the present accused Mali Jasa Bhoja was tendered pardon by the Judicial Magistrate, First Class, Rahpar, o...
Tag this Judgment!State Vs. Subrati SirajuddIn and anr.
Court: Gujarat
Decided on: Sep-22-1960
Reported in: (1961)2GLR254
V.B. Raju, J.1. This is a criminal appeal by the State of Gujarat against the acquittal of respondents Nos. 1 and 2.2. The prosecution filed two separate complaints against respondent No. 1 and respondent No. 2, who are father and son, under Section 66 (b) of the Prohibition Act. The complaint against respondent No. 1 was that he was found in possession of more than 500, one Ib. bottles of liquor, when his room was raided and searched on 13-1-59. The complaint against respondent No. 2 was that when his room in Jethalal chawl at Behrampura, outside Jamalpur Darwaja, Ahmedabad, was searched on 13-1-59, in the presence of panchas, he was found in possession of more than 2000, one Ib. bottles of liquor. The two cases arising out of these complaints were Nos. 256 of 1959 and 257 of 1959. The learned Magistrate recorded the pleas of the two accused separately in the two cases. On 16-6-59, he adjourned the two cases for evidence of the complainant and the witnesses On 9-7-59, however, the lea...
Tag this Judgment!Bai Khatija W/O Muman Karimad Jiva Vs. the State
Court: Gujarat
Decided on: Sep-20-1960
Reported in: AIR1962Guj1; (1961)GLR582
Raju, J. 1. The appellant Bai Khatija, widow of Karimad Jiva of Hussenpura, who was accused No. 1 at the Sessions trial, was convicted by the Sessions Judge, Banaskantha District, under Section 302 read with Sections 34 and 109, Indian Penal Code, for having murdered her husband Karimad. Accused No. 2 was acquitted by the learned Sessions Judge. 2. The prosecution case wag that the appellant, who is aged 19 years, was married to the deceased Karimad Jiva about two years before the occurrence, that she stayed in her father's house at Bhagalpepli and that when her father went to 'Haj' pilgrimage for about two months, she contracted illicit intimacy with accused No. 2, who is her cousin brother. After her father's return she was unwilling to go to her husband's house, but a few days prior to this incident she was, persuaded to go to her husband's house. 5 or 6 days lateron the night of 5th October 1959, according to the prosecution, deceased Karimad slept with his wife Khatija in his room...
Tag this Judgment!State Vs. Bharatsing Odharsing and ors.
Court: Gujarat
Decided on: Sep-19-1960
Reported in: (1961)2GLR274
N.M. Miabhoy, J.1. This is an appeal by the State against four respondents. These respondents were prosecuted for an offence under Section 447, Indian Penal Code. The learned Judicial Magistrate. First Class. Devgad-Baria, District Panch-Mahals, before whom these respondents were prosecuted, convicted respondent No. 1 Bharatsing Odharsing, (hereafter called the 'respondent' simpliciter), for the offence under Section 447, Indian Penal Code, and acquitted the rest of that offence. The present appeal has been directed against the other three respondents against the order of acquittal in respect of this offence under Section 447, Indian Penal Code. However, the learned Government Pleader, very fairly conceded that he could not press the appeal against these respondents Nos. 2, 3 and 4 and consequently it is not necessary to discuss the case against these three respondents. Respondent Bharatsing was also charged for the offence under Section 326, Indian Penal Code, on the allegation that, ...
Tag this Judgment!Chimanbhai Kashibhai Patel Vs. Jashbhai Motibhai Desai and anr.
Court: Gujarat
Decided on: Sep-16-1960
Reported in: AIR1961Guj57; 1961CriLJ499; (1960)GLR249
ORDERR.B. Mehta, J.1. This is a reference by the learned Sessions Judge, Nadiad, for quashing the proceedings started against the petitioner Chirnanlal Kasbi-bhai Patel, against whom a charge has been levelled by opponent No. 1, under Section 409 of the Indian Penal Code in regard to certain acts, which he did while be was continuing as President of the Nadiad Municipality till a new President was duly elected. The facts leading to this reference are this way:2. The petitioner-accused was a councillor of the Nadiad Municipality prior to 9th March, 1958. On 9th Marck 1958, he was elected as President of the Nadiad Municipality for a period of one year. After the expiry of the said period of one year, on 23rd March 1959, the accused was elected as President for a second term of one year. It appears that a Writ Petition No. 542/59 was filed immediately thereafter in the then High Court of Bombay challenging the election of the accused as President of the Municipality. An order was passed ...
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