Gujarat Court January 1971 Judgments
Natwarlal Chatrabhuj Shah Vs. the State of Gujarat and anr.
Court: Gujarat
Decided on: Jan-29-1971
Reported in: 1972CriLJ200; (1971)GLR841
ORDERY.D. Desai, J.1. This revision petition is filed by Natwarlal Chatrabhuj Shah, original accused No. 2. who alone with Opponent No. 2 Karadia Variarie Narari was accused No. 1 in Criminal Case No. 2143 of 1968 filed in the Court of the Judicial Magistrate First Class, Mangrol. The petitioner-original accused No. 2 was the Secretary and Opponent No. 2 original accused No. 1 was the President of the Dhelana Multi-Purpose Co-operative Society for the years 1965-66 and 1967-68. The petitioner and : opponent No. 2 will hereinafter be referred to as accused Nos. 2 and 1 respectively.2. The Co-operative Society was doing the business of distributing sugar and giving loans to its constituents. It was the duty of accused No. 2 to collect the amount from the members of the Society and to pass receipts in token of monies given, to write account-books and to maintain all accounts of the working of the Society. The accounts of the said Society had been audited on or about 7-6-1966 for a period ...
Tag this Judgment!Khimji Jiva and ors. Vs. Narendra Kumar Maganlal Shah and ors.
Court: Gujarat
Decided on: Jan-25-1971
Reported in: AIR1972Guj280; (1972)0GLR23
1. The plaintiffs filed the present suit in the Court of the Civil Judge, Senior Division at Rajkot for a declaration that the agreement of sale executed by the defendant No. 3 in favour of the defendants Nos. 1 and 2 was not binding upon the plaintiffs and that the consent decree passed in Special Civil Suit No. 5 of 1966 between the defendants Nos. 1 and 2 on one hand and the defendant No. 3 on the other hand was also not binding on them.2. The defendants filed their Written Statement and contested the suit. The defendants Nos. 1 and 2 thereafter made application, Ex. 22 for raising and deciding a preliminary issue as to the Court-fees and jurisdiction of the Court. The plaintiffs resisted that application.3. The learned Trial Judge after hearing both the parties decided that application and held that the preliminary issue which the defendants Nos. 1 and 2 had sought should be raised. However, what he, in fact, did was not to raise the issue in the form in which issues are raised but...
Tag this Judgment!AmIn Shushilaben Chandrakant Vs. AmIn Bhaskar Purshottam and ors.
Court: Gujarat
Decided on: Jan-19-1971
Reported in: (1971)12GLR1041
M.P. Thakkar, J.1. The vires of Section 417(3) of the Code of Criminal Procedure (alluded to as 'Code' in the course of this judgment) have been called into question by the original accused (respondents Nos. 1 to 7 who were acquitted by the trial Court) in this appeal against their acquittal institute by the original complainant with special leave granted by the High Court under the said provision. Upon the vires being challenged, a notice was issued to the Attorney General and the matter was referred to the Division Bench.2. The history of the events leading to this reference may be briefly traced. Respondent No. 1, Amin Bhaskar Purshottam, and six others were prosecuted on a complaint instituted by appellant Amin Sushilaben Chandrakant for offences under Sections 342, 323 and 114 of the Indian Penal Code in the Court of the learned Joint Judicial Magistrate, First Class, Patan, in Criminal Case No. 3485 of 1967. Respondents Nos. 1 to 7 were acquitted by the learned trial Magistrate. ...
Tag this Judgment!The State of Gujarat Vs. Chandrasing Prabhatsing Solanki
Court: Gujarat
Decided on: Jan-13-1971
Reported in: 1971CriLJ1381; (1971)GLR663
A.A. Dave, J.1. This appeal arises out of the judgment of the learned Judicial Magistrate, First Class, Padra acquitting the accused of offences Under Sections 66(1)(b) and 85(1)(2)(3) of the Bombay Prohibition Act hereafter referred to as the Act.2. The facts giving rise to this appeal as narrated by the learned Magistrate in brief are as under:-The Mukhi of Sangma village of Padra taluka informed the P. S. I. Padra On 27-9-1967 that there was a fight between some persons at the village and that they were under the influence of alcohol. The P. S. I. went there with the police party and found the present accused along with others on the public road of village Sangma. He was arrested and a panchnama of his physical condition was prepared. Thereafter, he was sent to the medical officer, Padra for medical examination. The medical officer, Padra examined him and issued a certificate. His blood was taken which was sent to the chemical analyser for analysis. On receipt of the report of the c...
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