Gujarat Court June 1989 Judgments
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Ambabhai Popatbhai Vs. B.A. Pandey and ors.
Court: Gujarat
Decided on: Jun-17-1989
Reported in: AIR1990Guj184; (1989)2GLR663
Gokulakrishnan, C.J. 1. This Letters Patent Appeal is against the order passed by the learned single Judge, dismissing Special Civil Application No. 3862 of 1989. In the Special Civil Application, the appellant herein has prayed for quashing the orders of the Authorities concerned, which are at Annexures 'A' and 'B' to the Special Civil Application and has prayed for accepting his nomination paper for the post of Sarpanch of Kapadiali Gram Panchayat. It is clear, from the facts of the case that the election process has started and the Returning Officer has rejected the nomination paper of the appellant herein after scrutiny of nominations as per Rule 10 of the Gujarat Grain and Nagar Panchayats Election Rules, 1962. The rejection is on the ground that the appellant has mentioned that his name is at serial No. 107 of the Voters' List while, as a matter of fact; it is J at serial No. 40. Thus, it is clear from the facts alleged that the appellant wants to put forth his case on the ground...
State of Gujarat Vs. Butasing Indrasing
Court: Gujarat
Decided on: Jun-16-1989
Reported in: (1990)1GLR26
K.J. Vaidya, J.1. In a criminal case under this acquittal appeal, the trial Court rejected an application made by the prosecution for issuing an arrest-warrant for an arrest of a material witness which it wanted to examine, and hence this Court is called upon to decide, 'what are the powers and duties of the trial Court in matter of examining a recalcitrant witness'?2. To start with the above acquittal appeal arises out of the judgment and order dt. 17th October, 1980, in Summary Case No. 1249 of 1980 rendered by the learned Metropolitan Magistrate, Ahmedabad. Court No. 9 (for short hereinafter referred to as 'the trial Court') wherein accused Butasing lndrasing who came to be tried for the offence punishable under Section 66(1)(b) of the Bombay Prohibition Act. 1949 and came to be acquitted.3. It was the prosecution case that on 19th August. 1979 PSI Shri J.G. Bihola was serving as Police Sub-Inspector in Special Prohibition Squad Eastern Division, Ahmedabad. On getting trip that a pe...
Baldevbhai Motibhai Patel Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jun-14-1989
Reported in: 1990CriLJ1700; (1990)1GLR129
ORDER1. The petitioner is a holder of licence issued under the provisions of Essential Commodities Act, 1955 and under the relevant provisions of the Gujarat Essential Articles (Licence, Control and Stock Declaration) Order, 1981 (for short 'Control Order'). The petitioner is dealing in essential commodity, namely, kerosene at Dabhoi, District Baroda. It was alleged that the petitioner had issued fake bill in the name of one Gitaben Upadhyay of village Ghandod, Dabhoi Taluka showing that 3500 litres of kerosene was sold to her; that the signature of the customer on the bill issued was also fake. The stock of kerosene was illegally disposed of elsewhere and correct accounts of the receipt and distribution of kerosene were not maintained as required under the relevant provisions of the Control Order. The detaining authority after going through the material placed before it came to the conclusion that the petitioner had committed breach of the provisions of the conditions of licence issue...
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