Gujarat Court May 1986 Judgments
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Rameshchandra Kashiram Vora and Etc. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: May-14-1986
Reported in: 1988CriLJ210; (1987)1GLR85
ORDERR.N. Mehta, J.1. These are the two applications for anticipatory bail on totally different sets of facts. However, because of a common question, they are heard together. The common question is whether the High Court should directly entertain the applications for anticipatory bail or whether the petitioners should be directed to approach the Sessions Court first.2. The petitioner in Misc. Criminal Application No. 1145/86, is a Sub-Accountant in the Central Bank of India and the allegations against him are that he has committed offences of forgery, cheating and misappropriation of funds amounting to Rs. 1,14,000.87. These offences are alleged to have been committed while the petitioner was discharging his duties as Sub-Accountant and he has been suspended in connection with the same.3. In Misc. Criminal Application No. 1151 of 1986, the allegation against the petitioner is about theft of one jeep belonging to the complainant his uncle. In the complaint dt. 12-3-1986, no name is disc...
AshvIn Kumar Vadilal Patel Vs. S. Rajguru and anr.
Court: Gujarat
Decided on: May-08-1986
Reported in: (1987)64CTR(Guj)135; (1987)1GLR102; [1987]165ITR583(Guj)
R.A. Mehta, J.1. In these two revision applications, the applicant - original accused - has challenged the order of the learned Metropolitan Magistrate, refusing to stay the criminal prosecution and has relied upon the circumstance that he has already made an application to the settlement Commission under section 245H of the Income-tax Act for granting immunity from prosecution. That section reads as follows : Section 245H(1) : 'The Settlement Commission may, if it is satisfied that any person who made the application for settlement under section 245C has co-operated with the Settlement Commission in the proceedings before it and has made a full and true disclosure of his income and the manner in which such income has been derived, grant to such person, subject to such conditions as it may think fit to impose, immunity from prosecution for any offence under this Act or under the Indian Penal Code, 1860 (45 of 1860) or under any other Central Act for the time being in force and also (ei...
Maganbhai Sampatbhai Mali and anr. Vs. Narkli and anr.
Court: Gujarat
Decided on: May-02-1986
Reported in: [1987]62CompCas104(Guj); (1987)1GLR116
Mehta, J.1. This appeal by the driver and the owner of the offending vehicle is directed against the award of the Motor Accidents Claims Tribunal exonerating the insurer-respondent No. 2 from the liability to indemnify the insured-owner of the vehicle on the ground that the licence at the time of the accident. There is no dispute that the appellant-driver was holding a learner's licence for driving heavy motor vehicles. The learner's licence of appellant No. 1 was produced by the insurer and exhibited as exhibit 40 by consent of the parties. The Tribunal has held that the insurance company would not be liable when the vehicle was driven by a person holding a learner's licence. 2. Therefore, the question is whether the Tribunal was right in holding that when a driver holds only a learner's licence at the time of the accident whether the insurance company would be liable to indemnify the insured owner. The policy, exhibit 41, contains the following provision as regards driver : 'Provided...
Maganbhai Sampatbhai Mali and anr. Vs. Narkali and anr.
Court: Gujarat
Decided on: May-02-1986
Reported in: 2(1986)ACC435; 1987ACJ599
R.A. Mehta, J.1. This appeal by the driver and the owner of the offending vehicle is directed against the award of the Motor Accidents Claim Tribunal exonerating the insurer-respondent No. 2 from the liability to indemnify the insured-owner of the vehicle on the ground that the driver of the offending vehicle-appellant No. 1 was not holding a valid licence at the time of the accident. There is no dispute that the appellant-driver was holding a learner's licence for driving heavy motor vehicle. The learner's licence of the appellant No. 1 was produced by the insurer and exhibited at Ex. 40 by consent of the parties. The Tribunal has held that the insurer company would not be liable when the vehicle was driven by a person holding a learner's licence.2. Therefore the question is whether the Tribunal was right in holding that when a driver holds only a learner's licence at the time of the accident whether the Insurance Co. would be liable to indemnity the insured owner. The policy Ex. 41 c...
Somabhai Shamalbhai Patel and ors. Vs. State of Gujarat
Court: Gujarat
Decided on: May-01-1986
Reported in: (1987)1GLR111
B.S. Kapadia, J.1. The petitioners have filed the present Special Crimi-nal Application under Article 227 of the Constitution of India challenging the order passed by the learned Addl. Sessions Judge, Sabarkantha at Himatnagar in the Criminal Revision Application No. 37 of 1985 on 24-1-1986. By the said order the learned Addl. Sessions Judge has dismissed the revision application filed by the present petitioners, who had filed the said revision application against the order passed by the learned Chief Judicial Magistrate, Himatnagar on 14-1-1985 in the Criminal Cases Nos. 735 to 843 of 1985 on application Exh. 37. By the said order the learned Chief Judicial Magistrate dismissed the application filed by the present petitioners, who are the original accused, for having joint trial of the aforesaid criminal cases. The said application was filed on 7-1-1985 stating that they have no objection if all the said cases are consolidated and tried together. It was also pointed out that there was...
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