Gujarat Court January 1997 Judgments
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John Mansing Thakur Vs. State of Gujarat
Court: Gujarat
Decided on: Jan-08-1997
Reported in: (1997)1GLR863
N.J. Pandya, J.1. The accused-appellant was tried for charge of murder in Sessions Case No. 81 of 1987 before the learned Sessions Judge of Bulsar at Navsari. By judgment dated 29-8-1988 the learned trial Judge was pleased to hold the accused-appellant guilty and therefore, awarded rigorous imprisonment for life.2. The case against the accused-appellant was that he had tried to commit rape of his step-daughter named Lila aged about 20 years and when he failed in his object, he threatened her with dire consequences if she were to reveal this attempt to anyone. She insisted that she will disclose this fact and that caused her life. Enraged by her insistence, the accused-appellant poured kerosene on her and put her to flame.3. Complaint came to be given by the mother of the deceased Savitaben which is the case of the prosecution. However, before the trial Court, in course of deposition, she had chosen not to support the prosecution and therefore, her statements in form of F.I.R. was broug...
Kamlaben Karansinh Waghri and ors. Vs. New India Assurance Co. Ltd. an ...
Court: Gujarat
Decided on: Jan-07-1997
Reported in: 1998ACJ853; [1999]95CompCas62(Guj); (1997)3GLR2340
S.K. Keshote, J.1. Heard learned counsel for the parties. 2. Petitioners Nos. 1 and 2 are the heirs and legal representatives of one Chandubhai Chaturbhai. Petitioners Nos. 3 to 5 are the heirs and legal representatives of one Shankerbhai Naranbhai. In a vehicular accident which has taken place on January, 28, 1976, both Chandubhai Chaturbhai, and Shankerbhai Naranbhai died. Petitioners Nos. 1 and 2 made an application being Motor Accidents Claim Application No. 190 of 1976, before the Motor Accidents Claims Tribunal for award of compensation from the drivers of the two vehicles, the owners of the two vehicles and the insurers of the two vehicles. Similar application, being M. A.C. Application No. 287 of 1976, was made by petitioners Nos. 3 to 5. The Tribunal, vide its judgment and award dated September 26, 1976, partly allowed both the applications and awarded to petitioners Nos. 1 and 2 a sum of Rs. 16,500 with running interest at the rate of 6 per cent. per annum from the date of ap...
Dipendra G. Choksi and anr. Vs. Dipak Chimanlal Patel and anr.
Court: Gujarat
Decided on: Jan-07-1997
Reported in: [1999]95CompCas280(Guj); (1997)2GLR1191
K.J. Vaidya, J.1. 'Whether in cases wherein the allegations made in the complaint filed by a payee of the cheque against the drawer under section 138 of the Negotiable Instruments Act, 1881, also further disclose the material ingredients which prima facie do constitute an offence punishable under section 420 of the Indian Penal Code, 1060, the court to which such a complaint is presented for taking the cognizance of offence, should confine itself merely to issue process under section 138 of the Act, or secondly whether under such circumstances it is equally the duty of the court also to see that along with the process to be issued for the alleged offence under section 138 of the Act, it also issues process under section 420 of the Code against the accused ?' 2. Respondent No. 1, Dipak Chimanlal Patel - Jigar Engineering Industries, GIDC, Vatva, Ahmedabad, filed a complaint before the learned Metropolitan Magistrate Court No. 7, Ahmedabad, against the petitioners Dipendra G. Choksi and ...
Pradip Tibrewal Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Jan-07-1997
Reported in: 1998(2)ALD(Cri)300; 1998CriLJ559
ORDERK.J. Vaidya, J.1. The petitioner by this Misc. Criminal Application under Section 482 of the Code of Criminal Procedure, 1973, has moved this Court inter alia praying for quashing and setting aside the process issued by the learned Chief Judicial Magistrate, Jamnagar, in Criminal Case No. 4327/92, pursuant to the complaint filed by the respondent No. 2 for the alleged offence punishable under Section 138 of the Negotiable Instruments Act, 1881.2. Perused the complaint and the memo of the petition. The petitioner has raised the following contentions in the petition :(1) That the complaint is premature as it has been filed before one day before the cause of action arose. According to the petitioner, no prosecution can lie within the period of 15 days from the date of receipt of the impugned notice. In the instant case, the impugned notice was served on the petitioner on 1 -9-1992, and in that view of the matter, no complaint could have been filed before 17-9-1992.(2) That the cheque...
S.K. Gandhi Vs. State of Gujarat
Court: Gujarat
Decided on: Jan-07-1997
Reported in: (1997)1GLR434
N.N. Mathur, J.1. I have heard Mr. B.S. Patel, learned Advocate for the petitioners. Mr. Patel has argued the matter at great length. In support of his contention, he has read before me paras 6, 8 and 9 of the judgment of the Apex Court in the case of Niranjan Singh v. Prabhakar reported in : 1980CriLJ426 . After having sensed the mood of the Court, the learned Advocate for the petitioners submits that he may be permitted to withdraw this Criminal Revision Application with a view to approach the learned Sessions Judge. Such sort of withdrawal has been deprecated by the Supreme Court in the case of State of Maharashtra v. I.P. Kalpatri : 1996CriLJ1127 . In view of this, I decline permission to withdraw this Criminal Revision Application.2. This Criminal Revision Application has been directed against the order of the learned Addl. Sessions Judge, Vadodara dated 4-1-1997 passed in Misc. Criminal Application No. 1375 of 1996. The petitioners have prayed for following reliefs:(a) Your Lords...
Lakhabhai Rambhai Chauhan and anr. Vs. Director, Scheduled Caste Devel ...
Court: Gujarat
Decided on: Jan-07-1997
Reported in: (1997)2GLR1373
S.D. Pandit, J.1. Rule. Heard the Counsel for both the sides at length, and, therefore, I proceed to decide this petition finally.The present petition is filed by the petitioners to challenge the order passed by respondent No. 1, dated 27-7-1995, by which he refused to issue a certificate in favour of the petitioner No. 2 that he belongs to Scheduled Tribe.2. Admittedly, the petitioner No. 1 Lakhabhai Ramabhai Chauhan is an Adivasi Bhil The State of Gujarat has recognised Adivasi Bhil community as a Scheduled Tribe. Admittedly, the petitioner No. 2 is not the genitive son of petitioner No. 1. It is the claim of the petitioners that the petitioner No. 1 and his wife have adopted the petitioner No. 2 on 10th February, 1995 as per Hindu religious rites. Petitioner No. 1 Lakhabhai Ramabhai Chauhan and his wife Savitaben are admittedly Adivasi Bhil by birth. It is the claim of the petitioners that as there is a valid and legal adoption of petitioner No. 2 by petitioner No. 1 and his wife, i...
Arvindbhai Ravjibhai Patel Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jan-06-1997
Reported in: 1998CriLJ463
K.J. Vaidya, J. 1. Petitioner by this Misc. Criminal Application under Section 482 of the Code of Criminal Procedure, 1973, has moved this Court, inter alia, praying for quashing and setting aside the proceedings by way of Criminal Case No. 66/91 pending before the learned Chief Judicial Magistrate, Surat, initiated pursuant to the complaint filed by the respondent No. 3 for the alleged offences punishable under Sections 406, 420, 504 and 506 of IPC.2. Facts and circumstances in brief leading to filing of this petition. The respondent. No. 3 Dhirubhai Shambhubhai Kakadia filed a complaint against the petitioner-Arvindbhai R. Patel for the alleged offences punishable under Sections 406, 420, 504, 506(2) of IPC before the learned Chief Judicial Magistrate, Surat. It is alleged in the complaint that the accused had developed friendly relations with him and had borrowed Rs. 90,000/- from him in the year 1988, which he badly needed for purchasing the building material in carrying forward hi...
Arvindbhai Ravjibhai Patel Vs. Dhirubhai Sambhubhai Kakadia
Court: Gujarat
Decided on: Jan-06-1997
Reported in: (1997)2GLR1572
K.J. Vaidya, J.1. Petitioner by this Misc. Criminal Application under Section 482 of the Code of Criminal Procedure, 1973, has moved this Court, inter alia, praying for quashing and setting aside the proceedings by way of Criminal Case No. 66 of 1991 pending before the learned Chief Judicial Magistrate, Surat, initiated pursuant to the complaint filed by the respondent No. 3 for the alleged offences punishable under Sections 406, 420, 504 and 506 of I.P.C.2. Facts and circumstances in brief leading to filing of this petition: The respondent No. 3 Dhirubhai Shambhubhai Kakadia filed a complaint against the petitioner-Arvindbhai R. Patel for the alleged offences punishable under Sections 406, 420, 504, 506(2) of I.P.C. before the learned Chief Judicial Magistrate, Surat. It is alleged in the complaint that the accused had developed friendly relations with him and had borrowed Rs. 90,000/- from him in the year 1988, which he badly needed for purchasing the building material in carrying fo...
Vadodara Dist. Co-op. Milk Producers Union Ltd. Vs. K.V. Acharya, Dy. ...
Court: Gujarat
Decided on: Jan-03-1997
Reported in: (1997)2GLR1492
S.D. Pandit, J.1. I have heard the Advocates for both the sides at length on merits, and, therefore, I proceed to dispose off this petition finally at this stage.2. The petitioner is a registered Co-operative Milk Producers' Union established under the provisions of Gujarat Co-operative Societies Act, 1961. The respondent No. 2 is a member-society of petitioner No. 1. The Managing Board of the petitioner-society had taken decision to amend some of its bye-laws pertaining to election of the Board of the Trustees. Thereafter, it was decided to put up the said decision and to amend the bye-laws for the purpose of approval by the General Body of the petitioner-society and for the purpose of doing same, the General Body Meeting of the petitioner-society was summoned on 20th June, 1996.3. The respondent No. 2 society filed Lavad Case No. 924 of 1996 on 27-6-1996 before the respondent No. 1 and obtained an order of ad interim injunction against the petitioner-society to discuss and to resolve...
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