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Gujarat Court September 1982 Judgments

Sep 07 1982

Laxmiben Wife of Magan Parshottam Vs. Magjibha Bijiyabhai and ors.

Court: Gujarat

Decided on: Sep-07-1982

Reported in: (1982)2GLR724

S.B. Majmudar, J.1. In this revision application, the petitioner who is the original complainant has challenged an order passed by the learned judicial Magistrate, first class, Pardi directing the P.S. I Pardi to inquire under Section 202 of the Code of Criminal Procedure, 1973 and report there after to the learned Magistrate. The said order is passed below a private complaint filed by the petitioner-complainant before the learned trial Magistrate. The said complaint is filed against respondents Nos. 1 to 5 herein who are arraigned as original accused Nos. 1 to 5.2. In view of the fact that the order challenged in this revision is an interlocutory order, this petition at the oral request of Mr. Patel, learned Advocate for the petitioner, is permitted to be converted into a petition under Article 227 of the Constitution and is being disposed of as such.3. The petitioner has filed an application being miscellaneous criminal application No. 17 of 1782 before the learned trial Magistrate a...

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Sep 03 1982

Lilade Sitade Pavaiya and ors. Vs. State of Gujarat and ors.

Court: Gujarat

Decided on: Sep-03-1982

Reported in: 1983CriLJ934; (1982)2GLR734

ORDERS.B. Majmudar, J.1. In this petition under Articles 226 and 227 of the Constitution for enforcement of fundamental rights under Art, 21 of the Constitution, the present three petitioners who are original accused Nos. 3 to 5 respectively in criminal case No. 246 of 1982 pending investigation at Karelibag police station, Baroda city, pursuant to the criminal complaint filed, against the present petitioners as well as other two accused on 21-7-1982 by the complainant one Mohammed Hanif Musabhai Vora alleged to be aged 15 years, invoke interference of this Court on the ground that the said investigation by the Karelibag police station is illegal and unauthorised.2. The petition was admitted to final hearing by Bedarkar, J. on 19-8-1982 and it has reached final hearing before me today. The State of Gujarat as well as officer-in-charge of Karelibag police station and the learned. Judicial Magistrate, First Class, Baroda have been joined as parties to the present proceedings.3. In order ...

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Sep 02 1982

Babubhai Jashbhai Patel and ors. Vs. Union of India (Uoi) and ors.

Court: Gujarat

Decided on: Sep-02-1982

Reported in: AIR1983Guj1; (1982)2GLR690

Thakkar, C.J.1. High Policy Decisions which can make or mar, better or bitter, Centre-State relations are these to be made by the Political Managers of the State chosen by the people in that behalf or by private citizens (even if they are leaders of the elected opposition), is one of the questions which has surfaced in this matter. It has surfaced along with the question whether such private citizens can be permitted to fling a challenge in the name of promoting interest of the State which if successful can ruin the economy of the State and create economic chaos. Such would be the outcome because if the impugned notifications are voided there will exist no legal authority whatsoever for recovering royalty for the crude oil produced in the State (being collected at Rs. 61/- per metric tonne) which it considered lather low by the petitioners. Not only that, even the royalty recovered for several years in the past may well have to be refunded. And yet another important question has also b...

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