Gujarat Court February 1968 Judgments
State of Gujarat Vs. Samaj
Court: Gujarat
Decided on: Feb-06-1968
Reported in: AIR1969Guj337; 1969CriLJ1498; (1969)GLR1000
N.G. Shelat, J.1. This appeal arises out of an order passed on 14-12-65 by Mr. S. C. Shah, Judicial Magistrate, First Class Jambusar in Criminal Case No. 1010 of 1965 whereby the accused-respondent came to be acquitted under Section 345 (2) of the Criminal Procedure Code in respect of an offence under Section 324 of the Indian Penal Code.2. The accused-respondent was charge-sheeted by the police for an offence under Section 326 of the Indian Penal Code in the Court of the Judicial Magistrate, First Class at Jambusar, for having voluntarily caused grievous hurt with a knife to one Raising Dipsine, the servant of the complainant Dahyabhai Haribhai, on the evening of 16th July 1965 at the village of Kavi in Jambusar Taluka. Then on a consideration of the documents placed by the prosecution in the case before him, the learned Magistrate passed an order Ex. 3 on 3-9-65 saying that the offence disclosed therefrom was one under Section 324 of the Indian Penal Code and that way framed a charge...
Tag this Judgment!Adam Ahmed Vs. State
Court: Gujarat
Decided on: Feb-02-1968
Reported in: AIR1970Guj185; 1970CriLJ1350; (1969)GLR659
1-4. x x x x x5. Mr. Dave, the learned advocate for the appellant, has pointed out that at the request of the accused during the course of the trial the learned Magistrate had inspected the place of incident and that he has kept no notes whatever about the same on the record of the case. According to him, therefore, he has violated the mandatory provisions contained in Section 539-B of the Criminal P.C. On that basis, he further urged that the defence of the accused is materially prejudiced and the appreciation of the evidence could not be made in a proper manner by the learned Magistrate. It appears no doubt true that an application was presented by the accused on 20-1-1966 to the Court requeting the Court to take local inspection of the place of the incident and other places referred to in the evidence. From the order passed therebelow, it appears that the learned Magistrate granted that request and fixed 22-1-1966 for going for local inspection. From the proceedings it appears that ...
Tag this Judgment!Modi Narandas Chhaganlal Vs. Shah Jamnadas Maneklal and anr.
Court: Gujarat
Decided on: Feb-01-1968
Reported in: AIR1969Guj76; (1969)GLR210
V.R. Shah, J.1. This appeal arises out of the dismissal of Civil Appeal No. 317 of 1958 by the learned Assistant Judge, Baroda. The appellant before me is the original plaintiff and he filed a suit against the two respondents before me to recover an amount of Rs. 5720/- on the basis of a promissory note. While the matter was pending in the trial Court, the parties agreed to refer the matter to an arbitrator. The reference to the arbitrator was not made by the Court, but it was a reference privately made by the parties themselves. The reference to the arbitrator was made on 16th September, 1957 and the arbitrator save an award on the same day. The learned Assistant Judge has found as a matter of fact that all the parties to the suit have accepted the award after it was made by the arbitrator. After the parties had accepted the award, they did not immediately go to the Court and intimate to the Court about the making of an award or their acceptance thereof. The proceedings in the trial C...
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