Gujarat Court April 1971 Judgments
Jashbhai Gordhanbhai Patel and anr. Vs. Hasmukhlal Kalidas Patel and a ...
Court: Gujarat
Decided on: Apr-29-1971
Reported in: 1972CriLJ945; (1972)GLR617
ORDERD.P. Desai, J.1. The original accused who are partners with the original complainant, have come to this Court for quashing the proceedings of Criminal Case No. 4072 of 1970 instituted in the Court of Judicial Magistrate. First Class, Baroda. This case was instituted upon a complaint filed on May 27. 1970. before the learned Magistrate by the opponent No. 1. i. e. the original complainant who will here after be referred to as the complainant against the present petitioners original accused Nos. 1 and 2 who will hereafter be referred to as the accused persons. The complainant's case was that he and accused persons were partners of a firm known as Messrs Pate.& Comnany and that all the work and management of the said firm including the work of getting accounts written as well as the work of keeping cash balance was being done by the accused persons. The complainant it was alleged was busy with his own business running in the name of National Engineering Company at Nadiad before the s...
Tag this Judgment!Mumtajali Mohsinali Vs. Karimunesa Hassanali and anr.
Court: Gujarat
Decided on: Apr-20-1971
Reported in: 1972CriLJ77; (1972)GLR128
D.P. Desai, J.1. One of the Questions raised in this revisional application is a question of law of sufficient General importance on which High Courts in India are divided. Two other Questions raised pertain to the merits of the case.2. The petitioner is a husband against whom his wife opponent No. 1 obtained an order of monthly allowance of Rs. 75/- for herself and Rs. 25/- per month for each of her two children. This order was obtained day her on July 31. 1969 in an application filed under Section 489 of the Criminal Procedure Code (hereinafter referred to as the Code). It appears that arrears were payable from January 30. 1969 and as the same remained unpaid upto January 30, 1970. she Save an application for enforcement of the said order under Sub-section (3) of Section 488 of the Code. The arrears which had accumulated were for a period of 12 months at the rate of Rs. 125/- per month. They came to Rs. 1500/-. This application for enforcement of the order was made on January 27. 197...
Tag this Judgment!Kanbi Ranchhod Harji Vs. the State of Gujarat
Court: Gujarat
Decided on: Apr-20-1971
Reported in: 1971CriLJ1791; (1972)GLR436
ORDERA.A. Dave, J.1. This application has been filed by the petitioner against the order of the learned Sessions Judge, Banas-kantha. dismissing the revision application filed by him against the order of the learned Judicial Magistrate, First Class, Deesa. reiectine his application for production of a statement of witness recorded by the police from the custody of the learned police prosecutor.2. The facts Hiving rise to this application raise an important duestion of law. The present petitioner is being tried before the learned Judicial Magistrate, First Class. Deesa for offences Under Sections 304A, 279 and 337 of the Indian Penal Code. After the prosecution evidence was over, the accused entered his defence and examined some -witnesses. As the prosecution did not examine certain witnesses who according to the defence were material, they were called as defence witnesses. One of such witnesses did not support the defence version. Accord ins to the petitioner, the said witness seemed t...
Tag this Judgment!Patel Hathibhai Dwarkadas Vs. Patel Khodabhai Hargovand and anr.
Court: Gujarat
Decided on: Apr-19-1971
Reported in: 1973CriLJ420; (1972)GLR471
ORDERD.P. Desai, J.1. From a complaint filed by one Khodabhai Hargovandas the President of a co-operative society, at Delwada, hereinafter referred to as the complainant, against three persons including the sarpanch and the secretary of the village panchayat of Delwada, the present two references have arisen. The complaint was filed before police on 15.1.1968. The sarpanch of the village panchayat Hathibhai Dwarkadas. will hereinafter be referred to as original accused No. 2, the secretary Ishwarbhai Jivramdas, will hereinafter be referred to as original accused No. 1 and the third accused namely a goldsmith named Baldevbhai Ganeshbhai will hereinafter be referred to as original accused No. 3. This sequence is adopted from the serial numbers given to the accused persons in the aforesaid complaint before the police. The allegations made in this complaint were that a demand bill for the arrears of water tax from the complainant society was served on the complainant on 1.5.1968. Against t...
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