Gujarat Court February 1984 Judgments
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Jashwantlal Shoubhagyachand Shah Vs. Kantilal Tribhovandas AmIn and an ...
Court: Gujarat
Decided on: Feb-08-1984
Reported in: (1984)2GLR905
R.A. Mehta, J.1. The petitioner, original accused and respondent herein, are Directors of a Co-op. Dairy named Baroda District Co-operative Milk Producers' Sangh Limited and as per the complaint they are political rivals. The criminal complaint of defamation is based on a circular letter dt. 15th May 1982 issued by the petitioner-accused as the President of the Co-operative Dairy to the Presidents of the member Co-operative Societies. The respondent-complainant felt offended and defamed by the said letter and, hence, he has filed Criminal Case No. 769 of 1982 in the Court of the learned J. M. F. C, Padra and the learned Magistrate has taken cognizance and issued process against the petitioner-accused. The petitioner has come to this Court for quashing the process.2. The main ground for quashing the process is that the letter speaks for itself and is issued in response to press statements issued by the complainant and has been issued in the ordinary course of business bona fide and with...
Bachubhai Bhikhabhai Vs. State
Court: Gujarat
Decided on: Feb-07-1984
Reported in: (1984)2GLR897
R.A. Mehta, J.1. The petitioner-original accused, has filed this petition dated 16th September 1982 with a prayer that the order dated 28th September 1981 passed in Criminal Case No. 602 of 1981 directing the police to make further investigation be quashed and that the proceedings of the Criminal Case No. 910 of 1982 started in pursuance of the further investigation also be quashed.2. One Induprasad Mangaldas Kachia had lodged a complaint in respect of one pump having been stolen from his field before the Dholka police. The police investigated the offence and charge-sheeted the petitioner for an offence under Section 379, I.P.C. It appears that the learned Magistrate took cognizance and registered the case as Criminal Case No. 602 of 1981. It also appears that plea of the accused was recorded. On 4th September 1981 the complainant submitted an application to the learned Magistrate pointing out that the police had not made a complete and proper investigation; that the pump was a very he...
G.A. Parmar and anr. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Feb-07-1984
Reported in: (1984)1GLR481
N.H. Bhatt, J.1. This is a petition by two petitioners who were appointed as District Extension Educators with effect from 15-4-1969 under the Directorate of Health Services of the respondent-State and at the time of filing of this petition they were working as the Health Education Extention Officers in the Health and Family Welfare Training Centre at Ahmedabad. There was then issued the Advertisement Annexure-8 dated 24-2-1983 inviting applications on or before 31-3-1983 for seven posts in Class-II cadre. The petitioners applied for those posts through their proper channel, I assume. As many candidates were there for seven posts, the Gujarat Public Service Commission which recommends the names to the respondent-Government after selecting suitable candidates conducted some written test. The two petitioners were successful with some students. The Commission decided to call only 31 candidates for interview after weeding out those who were not successful even at the 'elimination test' so ...
N.M. Rajguru Vs. Gujarat University and ors.
Court: Gujarat
Decided on: Feb-07-1984
Reported in: (1984)1GLR349
P.S. Poti, C.J.1. A question of considerable interest and importance arises in this case. It is of interest because it is novel in that it does not appear to have arisen for adjudication by courts earlier. It is of importance because of the impact the decision may have in understanding the scope of the system of proportional representation by single transferable vote.2. The significance of an election is that it reflects the will of the electorate in the choice of its representatives. The simplest and perhaps the earliest form of election was that of simple majority vote in a single member constituency. That is the system in force for the elections to the State Assemblies and the Lok Sabha. This system, it has been said, cannot be said to represent fully the people's choice in that the will of the electors who had voted for the defeated candidate is not reflected in the result of such election. Sometimes it might even happen that the successful candidate may not have obtained the major...
Jethalal Girdharlal Vs. State of Gujarat
Court: Gujarat
Decided on: Feb-06-1984
Reported in: (1984)2GLR964
B.S. Kapadia, J.1. The present revision application is filed by the petitioner, original accused, against the order of the learned Sessions Judge, Bhavnagar confirming the order of conviction and sentence passed by the Judicial Magistrate, First Class, Mahuva for the offence punishable under Section 66(1)(b) of the Bombay Prohibition Act, 1949 (hereinafter referred to as 'the Act').2. The short facts of the case may be stated as under:The present petitioner, at the relevant time was serving as police constable at Mahuva Police Station. The petitioner went to Shivshakti Rajputana Lodge in the evening of February 21, 1979. One Tejumal Asandas was serving in the said lodge. The said lodge belongs to one Sevakmal Tulsidas Sindhi. The petitioner, who had gone there along with another person, asked for food and he was given food. He then started asking as to why there was something wrong with the food and then started speaking at random. He also asked for preparation of eggs and that was giv...
State of Gujarat Vs. Kathi Ramku Aligbhai
Court: Gujarat
Decided on: Feb-03-1984
Reported in: 1986CriLJ239; (1984)2GLR224
S.L. Talati, J.1. The State by this appeal challenges the acquittal order passed in favour of the respondent for an offence punishable under Section 302 I.P.C. rendered by the Additional Sessions Judge, Rajkot at Gondal in Sessions Case No. 31 of 1979 on 30-4-1980. The short facts which gave rise to this appeal may be stated as under:One Vashram Meghji had gone to answer the call of nature in the morning on 18-9-1979. He was the resident of village Nani Parbadi which is near Rajkot. While he was returning after answering the call of nature he was attacked by the accused with a knife. There is a motive alleged and the motive alleged is that there was some dispute between the deceased and the accused. According to the prosecution this incident was witnessed by three persons viz. P.W. 2, Vallabhdas Exh. 10, P.W. 3, Lakha Exh. 11 and P.W. 12 Kalaben Exh. 32. According to the prosecution because of the attack by knife ultimately Vashram Meghji fell down somewhere on the road near the house ...
Atherton and Co. Pvt. Ltd. and ors. Vs. Rainbow Surgical Dressing Manu ...
Court: Gujarat
Decided on: Feb-03-1984
Reported in: (1984)2GLR795
R.A. Mehta, J.1. The petitioners have come for quashing the process issued against them for offence punishable under Section 500 (defamation) of the complainant. The complainant is a partnership firm and on behalf of the firm the Manager as representing the firm, has filed the complaint against the four petitioners. Petitioner No. 1 is a Private Limited Company, No. 2 is its Manager, No. 3 is its Managing Director and No. 4 is Director.2. It is alleged in the complaint that an agreement was entered into between the complainant firm and accused No. 1 company whereby accused No. 1 was appointed sole selling agent of the complainant's products on the terms and conditions embodied in the agreement. According to the complaint as the accused company did not act as per the terms and conditions stated in the said agreement and did not work to the complainant's satisfaction, the said agreement was terminated. It is further alleged that by such termination the accused felt aggrieved and therefor...
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