Gujarat Court September 1988 Judgments
Sanjiv Bhardwaj and Etc. Vs. Hasmukhlal Rambhai Patel and anr.
Court: Gujarat
Decided on: Sep-30-1988
Reported in: 1989CriLJ1892; (1989)1GLR249
ORDERB.S. Kapadia, J.1. The aforesaid two Criminal Misc. Applications have been filed under Section 482 of the Criminal Procedure Code for quashing and selling aside the order passed by the learned Metropolitan Magistrate, Court No. 5, Ahmedabad, in Criminal Case No. 168/86, issuing process against the petitioner in both the aforesaid cases.2. It may be mentioned that the respondent No. 1 in both the cases have filed the aforesaid criminal case by filing a complaint against the petitioners for the offences under Section 420, 420 read with Section 34, 420 read with 114 and 1208 read with 420 of IPC as well as for the offences under Section 418, 418 read with 34, 418 read with 114 and 120B of IPC. The learned Magistrate has passed the said order after recording the statement on oath of the complainant on 17-2-86 for issuing bailable warrants of the amount of Rs. 1,000/- for the offences under Section 418, 420 read with Section 34 of the IPC against the petitioners.3. It is contended on b...
Tag this Judgment!Rajibhai T. Choitani Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Sep-30-1988
Reported in: (1989)1GLR309
B.S. Kapadia, J.1. The petitioner-detenu has filed the present petition against the impugned order of detention passed against him by the District Magistrate, Bhavnagar, on 2-6-1988 under the provisions of the Prevention of Blackmarketing and Maintenance of Supply of Essential Commodities Act, 1980. The petitioner was served with the order as also ground of detention on the same day i.e. 2-6-1988.2. On persual of the grounds it appears that the present petitioner was managing the fair price shop in Bhavnagar locality of Bhavnagar City which was standing in the name of Jikarbhai Ahmedbhai Saiyed. On 5-5-1988 the Supply Inspector made a surprise visit to the said shop and inspected the same. During the inspection it was found that the opening stock of pamolene oil in the stock register was shown as six barrels i.e. 1140 kgs. while in the presence of Panchas when it was ascertained it was found that the stock was of 760 kgs. i.e. only four barrels and therefore, there was a deficit of 380...
Tag this Judgment!Sidiq Haji Ismail Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Sep-29-1988
Reported in: (1989)1GLR354
A.P. Ravani, J.1. The petitioner has been detained on March 3, 1988 pursuant to the order of detention dated February 17, 1987 passed under the provisions of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short 'the Act') with a view to preventing him from abetting the smuggling of goods.2. It is disclosed from the grounds of detention that the petitioner-detenu was in contact with one Gurumukhsingh who was the owner of tanker bearing Registration No. MWF 4137. The said Gurumukhsingh had told his driver Amriksingh Harnamsingh that he had shown the tanker to the detenu and to identify the tanker as well as the driver, when driver Amriksingh reaches at Rajkot. Driver Amriksingh and Kuldipsingh Baldevsingh Sohata, cleaner of the tanker had reached Rajkot on December 21, 1986. There the detenu contacted the driver and took the same tanker to Una on the same day i.e. on December 21, 1986. The detenu asked the driver to go to Junagadh and wait for him....
Tag this Judgment!Chinubhai Nanalal and ors. Vs. Additional Spl. Land Acquisition Office ...
Court: Gujarat
Decided on: Sep-29-1988
Reported in: AIR1989Guj123; (1989)1GLR153
I.C. Bhatt, J. 1. This appeal arises from a Compensation Case No. 9/74 filed in the City Civil Court, Ahmedabad, against an Award dt. 14-3-1974 passed by the Additional Special Land Acquisition Officer, Ahmedabad, in respect of the land which is part of final Plot No. 11 of T. P. Scheme No. 10 of Ahmedabad. Notification under Section 4 of the Land Acquisition Act, dt. 24-7-1962 in respect of the said land came to be published in the Government of Gujarat Gazette dt. 2-8-1962 and the notification dt. 24-4-63 under S. 6 of the Land Acquisition Act hereinafter referred to as the Act came to be published in the Government of Gujarat Gazette on 6-6-1963. The said land was to be acquired for the purpose of construction of Dispensary Building and other institutions under the E.S.I. Scheme, Ahmedabad. Thereafter the acquisition of the said land was withdrawn by an order dt. 1-9-70 under S. 48(l) of the said Act and thereafter notice under S. 48(2) of the Act was issued to the concerned parties...
Tag this Judgment!Rabari Kalubhai Valabhai of Deesa and Etc. Vs. State of Gujarat and or ...
Court: Gujarat
Decided on: Sep-28-1988
Reported in: AIR1989Guj168; (1988)2GLR1472
P.R. Gokulakrisiinan, C.J. 1. The petitioner in this special civil application No. 554/81 has come forward with a prayer for quashing the election of the second respondent as President of Deesa Taluka Panchayat held on 24th Feb., 1981 and also for issue of a writ of quo warrant calling upon the respondent to show the authorities or legal provisions under which he is occupying the office of the President of Taluka Panchayat, Deesa. The short facts for the purpose of deciding the issue involved in this case are as follows:-2. The petitioner herein was elected as a member of Deesa Taluka Panchayat in the general election held in the month of February, 198 1. The Deesa Taluka Panchayat consists of 26 elected members. Respondent No. 4 herein was appointed as the Presiding Officer under the provisions of the Gujarat Panchayats Act for the purpose of presiding over the meeting held for election of the President and Vice-President of the Taluka Panchayat under S. 55 of the Gujarat Panchayat Ac...
Tag this Judgment!Rahimbhai Abdulbhai Vs. the State of Gujarat and ors.
Court: Gujarat
Decided on: Sep-26-1988
Reported in: 1989CriLJ2132
A.P. Ravani, J.1. The petitioner's nephew, Mohmmed Hanif Bilabhai Memon, has been detained under the provisions of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 (Act No. 7 of 1980), as per order dt. April 28, 1988. The order was. executed on July 5, 1988. The petitioner has challenged the legality and validity of the order by filing this petition.2. It is disclosed in the grounds of detention that on Nov. 26, 1987 the police raided the residential premises of the detenu and on search it was found that there was one barrel containing pamolene oil and there were some tins also. There was about 180 kgs. of pamolene oil in the barrel. Two filled tins of pamolene oil were lying near the barrel On seeing the police the detenu tried to escape, but he was arrested. Before the staff of the Directorate of Civil Supplies the detenu had given statement. Therein he admitted that he was dealing in pamolene oil for last about one month prior to the da...
Tag this Judgment!Nathalal Bahechardas Patel Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Sep-21-1988
Reported in: (1989)1GLR350
A.M. Ahmadi, J.1. Rule. Mr. Hawa waives service of Rule on behalf of the respondents. By consent heard today.2. The petitioner who was the proprietor of New Master Talkies, Sidhpur, (District Mehsana), has filed this petition challenging the demand notice issued by the Mamlatdar, Sidhpur, dated 5th May, 1988 demanding an amount of Rs. 18,319-20 ps. with interest at 24 per cent per annum for difference in entertainment tax paid for the movies 'Sampoorna Tirthyatra' exhibited between 30th March, 1984 and 5th April, 1984 and 'Antim Ichha' exhibited between 25th January, 1985 and 31st January, 1985 on the plea that the population of Sidhpur township exceeded 50,000 and was not under 50,000 on the basis of which exemption to be extent of 80 per cent was granted in respect of the aforesaid two movies. Unfortunately, no reply to this notice was sent on the grounds of sickness whereupon the Mamlatdar issued an attachment order dated 8th August, 1988 which is also the subject matter of challeng...
Tag this Judgment!Kirit Kumar Somalal Jani Vs. Regional Provident Fund Commissioner and ...
Court: Gujarat
Decided on: Sep-19-1988
Reported in: (1989)1GLR233; (1989)IILLJ236Guj
Majmudar, J.1. The petitioner who wants to purchase a flat has made a grievance regarding the inaction on the part of respondent No. 1 in granting advance to the petitioner from the balance of his Provident Fund Account for the said purpose. Respondent No 2 is the employer under whom the petitioner serves. Respondent No. 1 - Commissioner refused to sanction that withdrawal on 31st May 1988. The reason for refusal is that as per Para 68-B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, second advance is not permitted for that purpose. 2. In order to appreciate the grievance of the petitioner, a few relevant introductory facts are required to be noted at the outset. The petitioner is a member of provident fund since 1966. He has completed more than 28 years as member of the said fund while serving in Silver Cotton Mill and since 1974, he is serving under respondent No. 2. The petitioner required Rs. 80,000/- to be withdrawn from his Provident Fund Account as he ...
Tag this Judgment!Thakhatsinh Motisinh Parmar and anr. Vs. District Superintendent of Po ...
Court: Gujarat
Decided on: Sep-19-1988
Reported in: (1989)2GLR935
M.B. Shah, J.1. In this petition the contention of the petitioners is that the suspension order (Annexure 'A') dated 24-4-1987 be quashed and set aside as they are acquitted by the Criminal Court (the petitioners have produced the acquittal order passed by the Judicial Magistrate, First Class, Karjan on 30th January, 1988 in Criminal Case No. 503 of 1987). As per the said order the petitioners along with other persons were prosecuted for the offences punishable under Sections 224, 223 and 324 of the Indian Penal Code. In that case the petitioners were accused Nos. 7 and 8. The Court has arrived at the conclusion that accused Nos. 1 to 6 of that case absconded from the Court custody from Karjan sub-jail by breaking open the Jail. It also arrived at the conclusion that the said accused caused grievous hurt to witness Ranjitsinh Kanaksinh and convicted them. With regard to the case against the present petitioners-(accused Nos. 7 and 8 of that case) the Court held that before prosecuting t...
Tag this Judgment!Bhikhabhai Thakerbhai Patel Vs. Commissioner of Police and ors.
Court: Gujarat
Decided on: Sep-14-1988
Reported in: 1990CriLJ10
Kapadia, J. 1. The petitioner-detenu has filed the present petition challenging the legality and validity of the detention order passed against him by the Commissioner of Police, Surat City, on 12-12-1987, on his satisfying with respect to the present petitioner that with a view to preventing him from acting in any manner prejudicial to the maintenance of public order in the area of Sangrampure under the limits of Athwa Lanes Police Station, it was necessary to make the order directing him to be detained and accordingly, exercising the powers conferred on him under Sub-section (2) of Section 3 of the Gujarat Prevention of Anti-Social Activities Act, 1983 has passed the order of detention against him.2. The order of detention as also the grounds of detention were served on the petitioner on the same day i.e. 12-12-1987. On perusal of the grounds it appears that there are eight cases filed against the petitioner under the Prohibition Act wherein large quantities of country liquor were se...
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