Gujarat Court September 1990 Judgments
Vadia Gram Panchayat Vs. Naja Naran and anr.
Court: Gujarat
Decided on: Sep-28-1990
Reported in: (1994)2GLR1676
K.J. Vaidya, J.1. What is the 'continuing offence'? Whether an illegal encroachment upon the panchayat land by way of an unauthorised construction of a building thereupon is a continuing offence? If yes, whether the learned Magistrate was justified in the instant case in acquitting the accused by resorting to Section 468(1)(2)(b) of the Criminal Procedure Code, 1973 (for short referred to as 'the Code') dismissing the complaint as hit by limitation? These, in substance, are the points for consideration in this acquittal appeal.2. Few relevant facts leading to filing of this acquittal appeal are - Mr. Premshanker Ranchhodbhai, the Secretary, Vadia Gram Panchayat, filed a criminal complaint against one Naja Naran (respondent herein) before the learned J.M.F.C. Vadia alleging inter alia that the said Naja having illegally encroached upon certain open plot of the Gram Panchayat land has unauthorisedly constructed a building thereupon. It is further the case of the complainant that the Panc...
Tag this Judgment!Chandrakant Tukaram Nikam Vs. Municipal Corporation of the City of Ahm ...
Court: Gujarat
Decided on: Sep-27-1990
Reported in: (1991)1GLR282
C.V. Jani, J.1. Six different appellants have filed this six appeals against the same respondent, namely, the Municipal Corporation of the City of Ahmedabad, challenging almost the uniform judgment and decree of the learned City Civil Judge, 6th Court, Ahmedabad, dismissing the six different suits filed by them, on the ground of want of jurisdiction.2. The different plaintiffs, who are the employees of the defendant-Corporation filed different suits for a declaration that the charge-sheet issued by the Deputy Municipal Commissioner, appointment of the Inquiry Officer, proceedings initiated by him, the show cause notice issued to the plaintiffs and the final order removing the plaintiffs from the employment, are mala, fide, illegal, punitive, against the principles of natural justice, without proper delegation of power, in colourable exercise of power, against the provisions of the Bombay Provincial Municipal Corporations Act, 1949, against the rules and regulations and procedure prescr...
Tag this Judgment!Shishirkumar Sharadchandra Sen Vs. Bina Ashwinkumar Bhaumik
Court: Gujarat
Decided on: Sep-27-1990
Reported in: (1991)1GLR195
C.V. Jani, J.1. This revision application is directed against the order of the learned 4th Joint Civil Judge (S.D.), Vadodara for raising certain issues pertaining to the bar of Benami Transactions (Prohibition) Act, 1988, and hearing them as preliminary issues, in Regular Civil Suit No. 510 of 1981 and Special Civil Suit No. 237 of 1981.Regular Civil Suit No. 510 of 1981 was filed earlier by Shishirkumar Styffadchandra Sen against Smt. Bina Ashwinkumar Bhaumik and her husband Ashwinkumar Yudhistir Bhaumik for a permanent injunction restraining the defendants from disturbing his possession of the ground floor portion of Block No. 2 in Jibendu Building. It was specifically pleaded that the plaintiff-Shishirkumar and defendant No. 2-Ashwindkumar had jointly purchased a plot of land in the year 1958, in the name of defendant No. 1. It was further averred that the plaintiff and defendant No. 2 constructed a house consisting of ground-floor and first-floor between the years 1960 and 1963 A....
Tag this Judgment!State of Gujarat Vs. Patel Naran Devji
Court: Gujarat
Decided on: Sep-24-1990
Reported in: (1991)1GLR530
V.H. Bhairavia, J.1. This Criminal Revision Application has been preferred by the State against the order dated 8th July, 1983 passed by the learned Additional Sessions Judge, Morvi in Cri. Rev. Appli. No. 4 of 1983 setting aside the order of the learned Judicial Magistrate, F. C, Morvi passed below application Ex. 4 in Criminal Case No. 534 of 1983.2. A small but very important and interesting point for Court's consideration has been raised by the Public Prosecutor in this Criminal Revision Application filed on behalf of the State. The point is:Under Section 311 of the Cr. P. Code, would it be permissible for the Magistrate to allow the Public Prosecutor to examine prosecution witnesses after closing of prosecution evidence and recording farther statement of the accused under Section 313 of the Code of Criminal Procedure, Andwhether the power conferred upon the Magistrate under Section 311 of the Cr. P. Code is mandatory or discretionary powers?3. A few facts of the prosecution case a...
Tag this Judgment!Bhaniben Makanbhai Tandel Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Sep-18-1990
Reported in: AIR1991Guj184
ORDER1. The present application is filed under Art. 227 of the Constitution of India challenging the orders passed by the A.L.T. and Mamlatdar Valsad in Tenancy Case No. 84/ C No. 1347/ 76 (sic). By the said order the land purchased by the petitioners by the registered document dated 12-9-86 for which the mutation entries were made in the name, being Entry No. 936 in the year 1969 certified on 13th June, 1969 were held to be illegal, particularly on the ground that the petitioners were not the agriculturists in respect of the land in the State of Gujarat and therefore, the transaction was hit under S. 63 of the Tenancy Act. By the said order they were ordered to hand over the possession back to the original vendor within 3 months failing which the sale was to be declared invalid and said land would vest in the State Government. The said order was passed on 29th of March 1986. Being aggrieved by the same, the present petitioner filed Tenancy Appeal No. 66/ 78 before the Deputy Collector...
Tag this Judgment!iqbalmohmad Yusufali Patel Vs. Deputy District Development Officer (Re ...
Court: Gujarat
Decided on: Sep-17-1990
Reported in: (1991)2GLR719
R.A. Mehta, J.1. The petitioner was a work-charge Junior Clerk in Bharuch District Panchayat. He was given such appointment by a letter dated 18th May, 1979, annexed and marked as Annexure 'A' to the petition. In January 1982 the petitioner went on leave. In para 3 of the petition it is stated that initially the petitioner had asked leave for few months on medical ground and then the petitioner had thereafter sent some other report through post, but he could not resume duty for a considerable period. The petitioner further urgent submits that he had some severe social problems and domestic problems and he was a little bit mentally disturbed and imbalanced state of mind and therefore, he could not resume duty thereafter. And ultimately after about 7 years he tried to resume duty in December, 1989 and at that time he was not given posting or he was not given any work. The petitioner therefore, had given a written application on 26th March, 1990, as Annexure 'B' to the petition. In that a...
Tag this Judgment!Ala Ramji Vs. the State of Gujarat and ors.
Court: Gujarat
Decided on: Sep-12-1990
Reported in: 1992CriLJ867; (1991)2GLR18
K.J. Vaidya, J.1. Rule, Mr. K. H. Baxi, the learned A.P.P. appears and waives service of Rule. Heard the learned advocate Mrs. S. S. Patel and the learned A.P.P.2. The short but important question arising for our consideration in this Misc. Criminal Application is : 'Whether it is safe and advisable for any court and for that purpose any authority to place implicit reliance upon a medical certificate issued in the name of any sick person regarding his disease which do not, describe the identification mark as well as bear thumb impression or signature of such person?3. The petitioner-convict Ala Ramji by this Misc. Criminal Application has prayed this court to grant extension of parole leave for 21 days on the ground of his wife Smt. Kuverben Ala suffering from an abdominal pain and that there were no male members in his family to manage for her treatment, operation etc. In support of this, the petitioner-convict has annexed a medical certificate issued by Dr. N. N. Bhadarka of Bhuj.4. ...
Tag this Judgment!Gordhanbhai Ambalal Patel Vs. State of Gujarat
Court: Gujarat
Decided on: Sep-05-1990
Reported in: (1991)2GLR937
C.K. Thakker, J.1. This petition is filed by the petitioner against the order passed by the State Government-respondent No. 1 herein on December 12, 1979 by which two increments of the petitioner without future effect are ordered to be stopped.2. It is the case of the petitioner that he was serving as an extra Aval Karkoon in the Office of the Mamlatdar, Gandhinagar in the year 1970; that by virtue of his duty as an Aval Karkoon he has certified an entry in respect of land bearing Survey No. 203 of Village Valsad in Gandhinagar District on June 11, 1970. The petitioner certified an entry in respect of a new tenure land. He was informed by the Talati immediately thereafter that a proceeding regarding the breach of conditions of new tenure was pending against the petitioner and that notice to the tenant of the said land with respect to entry or certification thereof was not given. The petitioner thereupon erased and cancelled the endorsement by which he has certified the entry made by hi...
Tag this Judgment!Dahyabhai Gokalbhai Vs. State of Gujarat
Court: Gujarat
Decided on: Sep-04-1990
Reported in: (1991)1GLR378
J.U. Mehta, J.1. Rule. Mr. S.R. Divetia, Addl. Public Prosecutor waives service of Rule for the State.2. The petitioner-original accused has approached this Court for releasing him on bail.3. The present petitioner was arrested for the offence punishable under Section 8 and Section 20(a)(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 in pursuance of the C.R. No. 43 of 1990 of Savarkundla Town Police Station.4. According to the F.I.R., the petitioner cultivated cannabis plants of Ganja in the field of sugar-cane in the Vadi belonging to the petitioner's ownership. According to the complaint, the Panchnama was made of the field and the plantations of Ganja weighing 60 Kgs. were taken possession of. The present petitioner field an application before the Court of the learned Additional Sessions Judge, Bhavnagar for releasing him on bail. The number was given by the Court as Criminal Misc. Application No. 518 of 1990. After hearing both the sides, the learned Addl. Sessio...
Tag this Judgment!The State of Gujarat Vs. Ratilal Uttamchand Morabia
Court: Gujarat
Decided on: Sep-03-1990
Reported in: 1992CriLJ9; (1991)1GLR50
ORDERS.D. Dave, J.1. This Criminal Application has been directed against the orders pronounced by the learned Sessions Judge, Kachchh at Bhuj in Criminal Miscellaneous Application No. 193 of 1988 dated 24-11-1988, staying the further proceedings of the Criminal Case No. 12 of 1988 pending on the file of the learned Sub Divisional Magistrate, Anjar-Kachchh.2. The present petitioners are the Original Opponents while the present Opponent is the Original Petitioner.3. The facts and circumstances under which the present Criminal Application arises may be noticed thus :--One Ratilal Morabia, who figures as the Opponent in the present proceedings was the opponent in the proceedings before the learned Sub Divisional Magistrate, Anjar-Kachchh in Criminal Case No. 12 of 1988. He had moved the application for transfer before the learned Sessions Judge, Kachchh-Bhuj, which was registered as Criminal Miscellaneous Application No. 193 of 1988. It appears that certain remarks were called from the lea...
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