Gujarat Court March 1997 Judgments
Kantaben Mafatlal Vs. Govindbhai Manubhai Patni and ors.
Court: Gujarat
Decided on: Mar-31-1997
Reported in: 1998(1)ALT(Cri)13; I(1998)DMC424; (1997)3GLR240
K.J. Vaidya, J.1. Here in this Criminal Revision Application, there arise two important questions for my consideration. They are Firstly - 'Whether the husband who has been ordered to pay the maintenance under Section 125 of the Criminal Procedure Code/1973 to his wife and the child by the learned Magistrate and has in fact by this time indisputably continuously paid the same and that too in all to the tune of Rs. 35,000/-, but then incidentally enough as the misfortune would have been by sheer stroke of ill-luck he becoming the victim of the hostile circumstances beyond his control rendered unemployed, with no bank balance or any other property at hand to fall back upon rather too poor, and accordingly, as a result was unable to pay and started committing default after default every month in paying regular maintenance amount, accumulating into arrears ultimately rising beyond reach amount of Rs. 17,000/-, can he under such no-fault bewitching circumstances be straightway fastened with...
Tag this Judgment!Amratlal Devdanbhai Soni Vs. Director of Revenue Intelligence and anr.
Court: Gujarat
Decided on: Mar-31-1997
Reported in: 1998CriLJ705
ORDERN.N. Mathur, J. 1. By way of this common judgment, these two petitions filed by petitioner-Arnratlal D. Soni - one under Section 482 of the Criminal Procedure Code, challenging the order dated 4-2-1996 passed by the Addl. City Sessions Judge, Court No. 14, Ahmedabad, in exercise of powers under Section 319 of the Code of Criminal Procedure at the instance of Dr. Bipin, Panchal accused No. 2, issued non-bailable warrant with a view to proceed against him for offence under Sections 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act of 1985') read with Section 120B of the I.P.C. in Sessions Case No. 162/94 and another Revision Application under Section 397 of the Cr.P.C. challenging the order passed on the same day i.e. on 4-1-1996 framing charges against the petitioner for the said offences along with other accused persons, are disposed of.2. The relevant facts are that Dy. Director of Revenue Intelligence, Ahmedabad filed a co...
Tag this Judgment!Khialdas J. Manghimalani Vs. State of Gujarat
Court: Gujarat
Decided on: Mar-31-1997
Reported in: (1998)1GLR277
ORDER NOT COMPLIED WITH BY THE OTHER SIDE OR THE REAL CONCERN OF THE PETITIONER IS FOR COURT FOR ITS CONTEMPT BY THE OPPONENT This is one of the real and fundamental question in many contempt of court proceedings initiated by the parties when courts order or direction in their favour is just not complied with, or flouted, though undoubtedly the answer to it is none too secret rather to put it positively it is quite an open secret within the knowledge of all concerned !! The very same situation has incidentally arisen in the instant case also. When the matter was called out earlier, we have been informed by the learned advocate appearing for the petitioner that since the order passed by this Court (Coram: J.M.Panchal,J) now stands duly complied with, and the grievance of the petitioner having come to an end duly redressed, he did not intend to press this contempt petition any further, and accordingly the notice issued against the opponent may be discharged. Now ordinarily, when the grie...
Tag this Judgment!Rasikbhai Ramsing Rana and Etc. Vs. State of Gujarat
Court: Gujarat
Decided on: Mar-31-1997
Reported in: 1998CriLJ1347
K.J. Vaidya, J.1. Rasikbhai Ramjibhai Rana and two others by their respective Misc. Criminal Applications through Superintendent, Central Prison, Vadodara, have moved this Court, inter alia praying for releasing them on temporary bail for few days at least on the ground of taking emergency medical treatment from the private Doctors of their choice as unfortunately they are neglected and denied the same since quite some long time, as a result of which their prolonged ailment, in all probability, was likely to be still' further worsened going beyond the point of no restoration ! In support of this, they have also produced the necessary medical certificates issued by none other than the Medical Officer himself of Vadodara Central Prison.2. To briefly narrate the grievances of the petitioners (one of whom is also a lady) undergoing the life imprisonment -each one of them though are suffering from serious illness namely - (1) serious eye trouble, wherein the operation has been advised, whic...
Tag this Judgment!Yogendra Kasturbhai Parmar Vs. State of Gujarat
Court: Gujarat
Decided on: Mar-31-1997
Reported in: (1997)3GLR1868
H.L. Gokhale, J.1. This is an appeal against the judgment and order dated 28-3-1994 of the learned Additional City Sessions Judge, Ahmedabad, in Sessions Case No. 194 of 1992. The appellant was the sole accused in that case and was convicted by the learned Additional Sessions Judge under Sections 302 and 452 of the Indian Penal Code. He has been sentenced to suffer imprisonment for life for the conviction under Section 302 of l.P.C. He has been sentenced to suffer R.I. for six months with a fine of Rs. 500/- and to suffer one month R.I. in default thereof on account of conviction under Section 452 of I.P.C. The substantive sentence were ordered to run concurrently.2. The incident leading to this conviction took place of 28-2-1992. The appellant was a student in the 2nd year of Master of Social Welfare (MSW) Course conducted by the Mahadevbhai Desai College of Social Service, affiliated to Gujarat Vidyapeeth. By a charge framed on 3rd August 1992, the appellant was charged to have kille...
Tag this Judgment!State of Gujarat Vs. BrahmIn Babulal Haribhai
Court: Gujarat
Decided on: Mar-26-1997
Reported in: (1997)3GLR1956
K.J. Vaidya, J.1. What indeed is the duty of the learned Magistrate trying the accused for the alleged offences punishable under the Arms Act, 1959, when found in conscious and intelligent possession of fire -arms, more particularly in the backdrop of the breath-taking scenario of ghastly terrorism and bloody communal riots rocking the country taking innocent lives of the hundreds and thousands of citizens every year when befaced with the embarrassing pernicious situation where prosecution case entirely depends upon the evidence of the police officers and the panchas do not support the prosecution? And further, incidentally enough for that purpose once again more particularly at the initial stage of the investigation, what indeed is the duty of the learned Magistrate when the police requests him praying for remanding the accused to its custody with a view to complete the chain of investigation to find out (i) the very source from where indeed he obtained firearms? (ii) For what conside...
Tag this Judgment!Jethmal Bhagwandas Shah Vs. Tax Recovery Officer and anr.
Court: Gujarat
Decided on: Mar-21-1997
Reported in: [1998]231ITR637(Guj)
R.A. Mehta, Actg. C.J. 1. At the request of the parties the matter is disposed of finally today. 2. Learned counsel for the petitioner wants quashing of notice for settlement of sale proclamation dated February 4, 1997, informing the petitioner that March 31, 1997, has been fixed for proclamation of sale and settling of terms and conditions thereof. Even before that date, on March 12, 1997, proclamation for auction of the properties to recover the income-tax dues has been issued, which includes the present petitioner. As far as the present petitioner is concerned his property could not have been included in the proclamation dated March 12, 1997, inasmuch as notice for settlement of sale proclamation dated February 4, 1997, has been issued to the petitioner. 3. In that view of the matter, the proclamation dated March 12, 1997, so far as the petitioner's properties are concerned cannot be allowed to operate and the petitioner's properties cannot be allowed to be auctioned in pursuance of...
Tag this Judgment!Veterinary Officer and anr. Vs. Rajendrasinh R. Jhala
Court: Gujarat
Decided on: Mar-21-1997
Reported in: (1998)1GLR110
1. The petitioner has challenged the award of the Labour Court, Rajkot in Reference No. 661 of 1991. The dispute has arisen in the following circumstances. Rajendrasinh Ranjitsinh Jhala was appointed as Patawala on daily wages in the office of Veterinary Dispensary at Wankaner on July 29, 1986 apparently stating to be appointment for four hours duty daily. Such appointment continued till June 19, 1990. On that date the employee's services were terminated without resorting to the provisions for procedure of retrenchment under Section 25-F of the Industrial Disputes Act. From the simple order issued from time to time extending the period of appointment it is apparent that the appointment from beginning was against vacant post of Patawala which still continues to exist and the post carries on regular emolument. Reasons for termination was, dated to be that as on June 15, 1990 a person has been regularly appointed, the services of the workman were not required. These facts are not in dispu...
Tag this Judgment!Ajitsinh Chandrasinh Gaikwad and ors. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Mar-21-1997
Reported in: AIR1998Guj39
ORDERR. Balia, J.1. The petitioners had filed the statement of the holdings for the purposes of Urban Land Ceiling Act which were numbered as Ceiling Cases Nos. 6260, 6261, 6262, 6263, 6264, 6610 and 8248 of 1988 before the competent officer respondent No. 2. As the statement were filed by the members in their personal capacity as well as in respect of their share in the coparcenary property, the consolidated order was passed in respect of these cases by the competent authority on 21-7-1988, and declared 8415 sqmts. of land as surplus and held by the petitioners. In computing the surplus vacant land held by the petitioners, the competent officer has excluded the land occupied by Talawadi because the land was not constructable for the reason that drainage system was operating in the said area, The petitioner had also raised contentions that the lands over which construction was existing prior to the appointed date along with the land appurtenant thereto, which expression includes so muc...
Tag this Judgment!Branch Manager, Vijaya Bank Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Mar-21-1997
Reported in: 1999CriLJ946; (1998)2GLR1004
ORDERN.N. Mathur, J. 1. This criminal revision application under Section 397 of the Code of Criminal Procedure is directed against the order dated 27-6-1995 passed by the Sub-Divisional Magistrate, Ahmedabad city in case No. 2315 of 1995.2. Proceedings under Section 133 of the Code of Criminal Procedure were instituted in the Court of the Sub-Divisional Magistrate, Ahmedabad on a complaint filed by Harshadbhai G. Sejpal and six others. Their say is that they are residing in the colony known as Surya complex. The complex is divided into three blocks known as A, B and C. The opponent No. 3 Gurukul Branch of Vijaya Bank is situated on the first floor of 'C' block. There are six big windows in the front portion in which air-conditioners are fitted. On the rear side there are two windows fitted with air-conditioners. They are directly opposite to the colony in which the applicants are residing. The distance between windows and their residences is only a few feet. The air-conditioners operat...
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