Gujarat Court December 1992 Judgments
Babaldas Becharbhai Chavda Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Dec-28-1992
Reported in: (1993)1GLR317
B.J. Shethna, J.1. These two petitions are disposed of by this common order. The petitioner who is the original complainant has challenged the order passed by the learned Additional Sessions Judge, Mehsana in Misc. Criminal Application Nos. 163 and 164 of 1992 releasing the respondents-accused on bail.2. Shri Patel, learned Advocate appearing for the petitioner in both these applications has vehemently submitted that the order passed by the learned Additional Sessions Judge releasing the respondents-accused on bail should be quashed and set aside by this Court, because he had no jurisdiction to entertain and decide the said applications of the accused. He submitted that except the learned Sessions Judge no other Judge could hear and decide the bail application of the accused who are charged with the offence under the 'Atrocities Act'. Therefore, the impugned order passed by the learned Additional Sessions Judge is without jurisdiction and it should be quashed and set aside. In support ...
Tag this Judgment!Ahmed Harun Gori Vs. Abbas Ibrahim Kara and anr.
Court: Gujarat
Decided on: Dec-24-1992
Reported in: 1994ACJ50; [1994(68)FLR190]; (1993)2GLR1433
Shah, J.1. Admit, Mr. J. R. Nanavati, learned Advocate for the respondents waives service. At the joint request for the learned Advocates for the parties, the matter is finally heard and disposed of. 2. The appellant while he was in the service of the respondents sustained employment injury. He therefore, made an application for claiming compensation in the sum of Rs. 29,400/-, under the Workmen's Compensation Act, before the learned Commissioner at Jamnagar. The claim petition was then returned to the claimant-appellant for being presented before the learned Commissioner at Baroda. Accordingly, the appellant presented the claim petition before the learned Commissioner at Baroda. Sometime in December, 1985, the Commissioner under the Workmen's Compensation Act, at Baroda, once again returned the claim petition for being presented before the Commissioner at Jamnagar. Accordingly, the matter, was entertained by the Commissioner at Jamnagar, who has ultimately, on the merits of the case p...
Tag this Judgment!Manoharlal Mulchand Gandhi Vs. Savitaben Mulchand Gandhi and ors.
Court: Gujarat
Decided on: Dec-24-1992
Reported in: I(1993)DMC498
B.J. Shethna, J.1. The petitioner who is the son of the respondent No. 1-Mother, has filed this petition under Article 227 of the Constitution of India against the condition imposed by the learned Sessions Judge in the operative part of his order, though he allowed the revision application of the petitioner on 17.9.1992. By that condition, the petitioner is directed to pay interim maintenance at the rate of Rs. 300/- per month with effect from 1.8.1992 till the application for interim maintenance is decided by the Trial Court and to pay costs of Rs. 300/- to his mother.2. The respondent No, 1 Mother has filed maintenance application Under Section 125 of Cr.P.C. against her two sons viz. (1) the present petitioner and (2) present respondent No. 2, before the learned Judicial Magistrate, First Class. Junagadh. Her Chief-examination was over and the petitioner was personally cross-examining her in which a particular question was asked by the petitioner which was disallowed by the learned ...
Tag this Judgment!Manherlal Mulchand Gandhi Vs. Savitaben Mulchand Gandhi and ors.
Court: Gujarat
Decided on: Dec-24-1992
Reported in: II(1993)DMC632; (1993)1GLR579
B.J. Shethna, J.1. The petitioner who is the son of the respondent No. 1 mother, has filed this petition under Article 227 of the Constitution of India against the condition imposed by the learned Sessions Judge in the operative part of his order, though he allowed the revision application of the petitioner on 17.9.1992. By that condition, the petitioner is directed to pay interim maintenance at the rate of Rs. 300/- per month with effect from 1.8.1992 till the application for interim maintenance is decided by the Trial Court and to pay costs of Rs. 300/- to his mother.2. The respondent No. 1 mother has filed maintenance application under Section 125 of Cr.P.C. against her two sons, viz., (1) the present petitioner and (2) present respondent No. 2, before the learned Judicial Magistrate, First Class, Junagadh. Her Chief-examination was over and the petitioner -vas personally cross-examining her which a prticular question was asked by the petitioner which was disallowed by the learned M...
Tag this Judgment!Gordhanbhai Shankerbhai Thaker Vs. State of Gujarat
Court: Gujarat
Decided on: Dec-24-1992
Reported in: (1993)1GLR516
B.J. Shethna, J.1. This Application is filed by the applicants for releasing them on anticipatory bail in connection with the F.I.R., registered at Chhota Udepur Police Station, which is at Annexure 'A' page 5 to this Application.2. Mr. Vin, learned Advocate appearing for the applicants, submitted that the offence was committed on 13-9-1992 and the complaint was filed on 16-9-1992, almost after three days of the incident. The averments made in the complaint shows that there is no ring of truth in the story narrated by the complainant and the complaint is filed by another person and that too not at a place where the incident had occurred but at other place. Therefore, this Court should grant anticipatory bail to the present petitioners.It is true that there is a delay of three days in lodging the complaint. But why there was delay in lodging the complaint late after three days is explained in the complaint itself by the complainant. The victims were the unfortunate labourers, who were a...
Tag this Judgment!Manoharlal Mulchand Gandhi Vs. Savitaben Mulchand and ors.
Court: Gujarat
Decided on: Dec-24-1992
Reported in: I(1994)DMC352
B.J. Shethna, J.1. The petitioner who is the son of the respondent No. 1-Mother, has filed this petition under Article 227 of the Constitution of India against the condition imposed by the learned Sessions Judge in the operative part of his order, though he allowed the revision application of the petitioner on 17-9-1992. By that condition, the petitioner is directed to pay interim maintenance at the rate of Rs. 300/- per month with effect from 1-8-1992 till the application for interim maintenance is decided by the Trial Court and to pay costs of Rs. 300/- to his mother.2. The respondent No. 1 Mother has filed maintenance application under Section 125 of Cr. P.C. against her two sons viz (1) the present petitioner & (2) present respondent No. 2, before the learned Judicial Magistrate, First Class, Junagadh. Her Chief-examination was over and the petitioner was personally cross-examining her in which a particular question was asked by the petitioner which was disallowed by the learned Ma...
Tag this Judgment!Abdulla Gafur Sumra Vs. State of Gujarat
Court: Gujarat
Decided on: Dec-24-1992
Reported in: 1994CriLJ966
A.N. Divecha, J.1. The original accused in Sessions Case No. 70 of 1988 has invoked the appellate jurisdiction of this Court for questioning the correctness of the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge of Kutch at Bhuj on 30th November, 1991. Thereby, the appellant has been convicted of the offence punishable under Section 3(1)(c) of the Official Secrets Act, 1923 ('the OS Act' for brief).2. The prosecution case may be summarised thus : One Police Sub-Inspector, named, Gurkha, was working in the Khavda Police Station from 31st January 1986. He came to know that the present appellant was wanted with respect to some offences connected with the Passports Act, 1967. The PSI also received some information that the present appellant was connected with certain anti-national activities. It appears that the present appellant could be found around 14th March 1986. A case against him was instituted under the Passports Act. It appears that he...
Tag this Judgment!Khadijabibi Umar Aliya and anr. Vs. Husen Yusuf Umar Aliya and anr.
Court: Gujarat
Decided on: Dec-22-1992
Reported in: (1993)1GLR437
S.D. Dave, J.1. This Criminal Revision Application has been directed against the revisional orders pronounced by the learned Addl. Sessions Judge, Panchmahal at Godhra, in Criminal Revision Application No. 24 of 1984, reversing the orders pronounced by the learned J.M.F.C., Kalol dated 22nd December, 1983, awarding the maintenance to the petitioner-Wife at the rate of Rs. 75-00 per month.2. The petitioner-Wife Khadijabibi had approached the Court of the learned J.M.F.C., Kalol by filing the Criminal Misc. Application No. 52 of 1982, against the husband, Husen Yusuf Umar Aliya for the maintenance for herself and her minor daughter. She says that, her marriage with the opponent-Husband was solemnised according to Muslim Personal Law, and that when she was in the family-way she was driven out of the matrimonial home by the opponent-Husband and thereafter while she was at her maternal home the petitioner No, 2 daughter Afsana was born to her. According to her, when Afsana was aged about 3 ...
Tag this Judgment!Arvindbhai V. Patel Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Dec-21-1992
Reported in: [1995]83CompCas508(Guj); (1993)2GLR1124
B.J. Shethna, J.1. This petition is filed by the petitioner as a special criminal application. Though it is not stated that it is filed under article 227 of the Constitution of India, it goes without saying that the petition could only be under article 227 of the Constitution of India. In this petition the petitioner has prayed that the order passed by the learned Chief Judicial Magistrate, Vadodara below, exhibit 40, in Criminal Case No. 1327 of 1989 on June 30, 1992, and the order passed by the Additional Sessions Judge on September 1, 1992, in Criminal Revision Application No. 115 of 1992, rejecting the said revision application be quashed and set aside and the further proceedings of Criminal Case No. 1327 of 1989, pending before the court of learned Chief Judicial Magistrate be stayed in view of the provisions of section 391(6) of the Companies Act. 2. Once the revision application is rejected, a second revision application is not maintainable as provided under section 399(3) of th...
Tag this Judgment!Employees State Insurance Scheme and ors. Vs. Smt. Hasumati Devendra M ...
Court: Gujarat
Decided on: Dec-21-1992
Reported in: (1993)1GLR862
K.G. Shah, J. 1. The respondent, a Staff Nurse - a Class-Ill servant serving at Bapunagar General Hospital, which is under the control of the Employees State Insurance Scheme, filed the suit for a declaration that the stoppage of House Rent Allowance, which she was earlier getting, effected by the appellants is illegal. She prayed for a direction to the appellants to resume paying her House Rent Allowance (for short 'H. R. A.') with retrospective effect. She also prayed for an injunction restraining the appellants from effecting from her, recovery of Rs. 5,207.55 ps. which she had already been paid as H. R. A. in past.2. The suit of the respondent having been decreed, the appellants are in appeal.3. The facts are few and undisputed. The respondent, as said above, is a Class-Ill female Staff Nurse serving at Bapunagar General Hospital. Her husband is also a Government servant, he being an Officer in the Regional Transport Office under the control of the Director of Transport. Both of th...
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