Gujarat Court August 1997 Judgments
Ramnath Guru Maheshnath Vs. State of Gujarat
Court: Gujarat
Decided on: Aug-06-1997
Reported in: 1998CriLJ2766; (1998)2GLR671
J.M. Panchal, J.1. In this appeal, which is filed Under Section 374(2) of the Code of Criminal Procedure, 1973, the appellant has challenged his conviction under Section 302 of the Indian Penal Code and Section 135 of the Bombay Police Act, recorded by the learned Additional Sessions Judge, Rajkot, vide judgment and order dated July 12, 1990, in Sessions Case No. 67 of 1989.2. The original informant lathubha Ajubha Jadeja is the resident of village Vadali. Just near the village, there is a temple known as Vihot Mataji-nu Mandir. In the precinct of the temple, there is a room wherein mendicants used to reside. Meheshnath Guru Mangalnath was the Mahant of the temple and the appellant was his disciple, whereas deceased Sanjaynath was the disciple of the appellant. It may be stated that Maheshnath, who was the Mahant of the temple, was aged as well as blind and, therefore, the appellant was looking after the affairs of the temple. The original informant used to visit the temple daily for o...
Tag this Judgment!Central Bank of India Vs. Central Bank Officers' Association, Gujarat
Court: Gujarat
Decided on: Aug-05-1997
Reported in: (1998)1GLR99
M.S. Shah, J.1. Both these appeals were admitted and taken up for final hearing with the consent of the learned Counsels for the parties. The appeals are directed against the orders dated January 30, 1997 and February 17, 1997 passed by the City Civil Court, Ahmedabad below applications Exhs. 6, 14 and 19 in Civil Suit No. 6095 of 1996. Since the Appeals are directed against the same orders, with the consent of the learned Counsels for the parties, both these appeals have been heard together and are being disposed of by this common order. For the sake of convenience parties are referred to as per their position in the suit. 2. Civil Suit No. 6095 of 1996 has been filed by the Central Bank of India (plaintiff), having its Gujarat Zonal Office at 4th Floor, Central Bank Building, Lal Darwaja, Ahmedabad. The Respondent (defendant) is the Central Bank Officers' Association (Gujarat), a registered trade union having registered office at First Floor, Central Bank Building, Lal Darwaja, Ahmed...
Tag this Judgment!Chehraji Chhagnaji Koli Vs. State of Gujarat
Court: Gujarat
Decided on: Aug-04-1997
Reported in: 1998CriLJ2573
ORDER1. The appeal is filed by the accused of Sessions Case No. 35 of 1996 of the Court of Ld. Addl. Sessions Judge, Banaskantha District, at Palanpur, who held the accused guilty for the offences punishable under Sections 306 and 498-A, both of I.P.C., by Judgment dated 13-8-1996. The Ld. Judge was plea ed to convict the accused and imposed sentence of four years' RI for the offence under Section 306 of I.P.C. and one year's RI for the offence under Section 498-A and both the sentences were treated to run concurrently.2. At the time when the appeal came for admission, looking to the case paper of deceased Mafiben, wife of the accused, a serious question arose as to the reliability of the Dying Declaration at Exh. 14. As could be seen later on in this Judgment, the said order of conviction is based solely on the said Dying Declaration at Exh. 14.3. This situation came about because, the allegation of cruelty levelled against the accused by the prosecution could not be substantiated to ...
Tag this Judgment!Kasambhai Fatehbhai Ganchi Vs. Chandubhai Dahyabhai Rajput
Court: Gujarat
Decided on: Aug-04-1997
Reported in: (1998)1GLR548
C.K. Thakker, J.1. Heard Mr. G.M. Joshi, learned Advocate for applicant and Mr. R.S. Sanjanwala for Opponent No. 1.2. This Civil Application is filed by the applicant (Appellant of Letters Patent Appeal No. 731 of 1997) for the following reliefs in terms of para 3, which reads thus:3. Appellant, therefore, prays that-(A) This Hon'ble Court may be pleased to stay the operation, implementation and execution of the impugned order dated 9-7-1997 passed by the learned single Judge in Special Civil Application No. 10451 of 1996.(B) This Hon'ble Court be pleased to grant ad-interim order in terms of para 3A above.(C) Be pleased to pass such other and further orders as may deem just and proper in the facts and circumstances of the case.3. We have admitted the appeal. We are, however, of the view that in the facts and circumstances of the case, and taking into account the law laid down by the Hon'ble Supreme Court in Saraswati Devi v. Shanti Devi : AIR1997SC347 , interim relief prayed by the ap...
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