Gujarat Court March 2001 Judgments
Pritiben Devandrakumar Acharya Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Mar-22-2001
Reported in: 2001CriLJ3629; II(2002)DMC557
S.K. Keshote, J.1. This petition is preferred by petitioner under Article 226 of the Constitution of India and prayer has been made therein for transfer of criminal case No. 1384/ 97 from the Court of Judicial Magistrate, First Class, Ahmedabad, to the Court of Judicial Magistrate, First Class, Anand, in the interest of justice.2. The facts of the case are that the petitioner and respondent No.2 are the wife and husband. Their marriage was solemnised on 10th May, 1996. The respondent No.2 started giving physical as well as mental torture to the petitioner and he also deserted her. On 8th March, 1997, between the parties, a compromise was arrived at. However, the respondent No.2 started torturing the petitioner. Not only the petitioner's husband, but her mother-in-law and father-in-law also tortured her. Not only this, the petitioner was not given her ornaments as well as other STRIDHAN. She filed a complaint at Ghatlodia Police Station be-ing C.R. No.1-01101/97. After investigation, ch...
Tag this Judgment!Mohmed Salim Abdul Rasid Shaikh Vs. State of Gujarat
Court: Gujarat
Decided on: Mar-21-2001
Reported in: (2001)2GLR1580
C.K. Buch, J.1. Rule. Service of Rule is waived by learned A.P.P. Mr. N. D. Gohil for the respondent-State.2. Heard learned Counsel Mr. J. M. Panchal for the applicant-accused. This application under Section 438 of Cr.P.C. is filed by the applicant-accused apprehending his arrest in connection with CR. No. I. 220/2000 of Aslali Police Station registered on 29/30-12-2000 29/30-12-2000 for the offence punishable under Section 302 I.P.C., praying to release him on anticipatory bail in the event of his arrest.3. Learned Counsel for the applicant has taken me through the nature of allegations made in the F.I.R. and other relevant aspects mentioned in the application and both the affidavits viz. affidavit filed by the Investigating Officer and affidavit-in-rejoinder filed by the applicant.4. It is settled legal position that the grant of anticipatory bail stands on altogether a different footing than the grant of regular bail. When serious offence is registered against the accused and police...
Tag this Judgment!Linder Frank Wolfgang Vs. Yogesh D. Shah Supdt of Customs
Court: Gujarat
Decided on: Mar-21-2001
Reported in: (2002)1GLR395
K.M. Mehta, J.1. Linder Frank Wolfgang, petitioner-original accused has filed this Revision Application under Secs. 397, 401 read with Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as `the Code') has challenged the judgment and order dated 18th January, 2000, passed by the learned Additional City & Sessions Judge, Court No.12, Ahmedabad in Criminal Appeal No.42 of 1999. The learned Sessions Judge was pleased to dismiss the appeal No.42 of 1999 and confirmed the judgment and order dated 31st March, 1999, passed by the learned Chief Metropolitan Magistrate, Ahmedabad in Criminal Case No.18 of 1997 and confirmed the sentence imposed under Sec. 248(2) of the Code read with Sec. 135 of the Customs Act, 1962 (hereinafter referred to as `the Act') imposing five years simple imprisonment and Rs.5,000/- fine and in default of this, three months more simple imprisonment.1.1 Originally, Shri Yogesh Lakhani, learned advocate was appearing on behalf of the petitioner. Ho...
Tag this Judgment!Divisional Controller, G.S.R.T.C. Vs. Raghabhai Jalmabhai Taral
Court: Gujarat
Decided on: Mar-20-2001
Reported in: [2002(94)FLR857]; (2002)4GLR3370; (2001)IILLJ1282Guj
K M. Mehta, J.1. The Gujarat State Road Transport Corporation through its Divisional Controller-Palanpur (in short 'Corporation'), petitioner has filed this petition under Articles 226 and 227 of the Constitution of India challenging the judgment and award dated October 16, 1987, passed by the Presiding Officer, Labour Court, Ahmedabad in Reference (LCA) No. 268 of 1986. The Labour Court by its impugned judgment and award partially allowed the reference and set aside the punishment of dismissal inflicted upon Shri Raghabhai Jalmabhai Taral respondent herein. The Labour Court directed the Corporation to reinstate respondent-workman on his original post with continuity of service but without backwages within one month from the date of publication of the award.2. The facts giving rise to this application are as under:The respondent-workman was working as a conductor in the service of the Corporation. From the record it appears that from 1981 to 1983 Corporation found for nine occasions th...
Tag this Judgment!Dilipkumar Suryakant Upadhyaya Vs. Patel Natavarlal Manibhai
Court: Gujarat
Decided on: Mar-20-2001
Reported in: (2002)4GLR3430
K.M. Mehta, J.1. Dilipkumar Suryakant Upadhyaya-applicant (Original complainant) has filed this revision application under Section 397 of the Code of Criminal Procedure against the judgement and order passed by the Judicial Magistrate First Class, Modasa (Bayad Camp) in Criminal case No. 411 of 1999 below Exh. 11 dated 31.8.2000. The learned Magistrate by his order dated 31.8.2000 was pleased to accept the application filed by original accused No. 3 for dropping the proceedings.2. The facts giving rise to this Criminal Revision Application are as under:2.1 The applicant filed criminal case bearing No. 411 of 1999 in the court of Judicial Magistrate First Class, Modasa (Bayad Camp) against the present opponent No. 1, namely Patel Natvarlal Manibhai, Patel Gokarbhai Revabhai and original opponent No. 3, President/Chairman/Secretary/Manager of Shethshir B.C. Patel Hospital, P.O. Telnar. It appears that after that originally complaint was filed on 21.6.1999, the complainant has therefore a...
Tag this Judgment!Deputy Commissioner of Income-tax Vs. Rohini Builders
Court: Gujarat
Decided on: Mar-19-2001
Reported in: (2003)182CTR(Guj)373; [2002]256ITR360(Guj)
ORDER1. This is an appeal by the assessee against the order dated August 12, 1992, passed by the learned Commissioner of Income-tax (Appeals), Surat. 2. The only ground taken by the assessee in this appeal is that the learned Commissioner of Income-tax (Appeals) has erred in confirming the addition of Rs. 12,85,000 to the returned income of the appellant on the ground of the alleged unexplained cash credits. 3. Briefly the facts are that the assessee is a partnership firm engaged in the business of dealings in land. During the assessment year under consideration, the assessee has taken loans from various parties and during the course of assessment proceedings, the assessee has furnished the loan confirmations giving full addresses, GIR numbers/permanent account numbers, etc., of all the depositors. The Assessing Officer, however, issued summons to some of the creditors and also conducted inquiries about the genuineness or otherwise of the loans taken by the assessee. The details of the...
Tag this Judgment!Harsukhbhai Lakshmanbhai Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Mar-17-2001
Reported in: 2001CriLJ2623; (2001)3GLR2271
K.M. Mehta, J.1. Harsukhbhai Lakshmanbhai, petitioner-original accused No. 2 has filed this Criminal Revision Application under Section 397 of the Codeof Criminal Procedure Code, 1973 (hereinafter referred to as 'the Code'). The petitioner has challenged the order dated 19th December, 2000, passed by the learned J.M.F.C., Mansa, wherein the learned Magistrate was pleased to reject the application Exh. 97 in Criminal Case No. 392 of 1995, 428 of 1995 and 43 of 1996. The learned Magistrate rejected the said application of the accused wherein the accused has stated that he is not the drawer of the cheque as per the averments of the complaints and he may kindly be ordered to be acquitted of the charge of the offence alleged in the complaint.2. The facts giving rise to this application are as under :2.1 That one Gandalal Revabhai Chowdhary-respondent No. 2 filed a Criminal Case Nos. 392 of 1995, 428 of 1995 and 43 of 1996 against petitioner accused before the Court of learned J.M.F.C., Mans...
Tag this Judgment!Jagdishbhai Bhimrai Setalvad and ors. Vs. New Brahma Kshatriya Co-oper ...
Court: Gujarat
Decided on: Mar-17-2001
Reported in: AIR2001Guj275; (2001)3GLR2678; (2001)3GLR822
R.K. Abichandani, J.1. The appellants challenge the order dated 2nd April, 1992 made by the learned single Judge in Special Civil Application No. 2326 of 1992 dismissing the petition in which the appellants had challenged the action of the respondent No. 1-Co-operative Housing Society of deducting an amount of Rs. 3,25,085-00 by way of premium from the sale consideration that the appellants were to receive pursuant to the sale of their house property in the society, and also the approval granted by the respondent No. 2-District Registrar of Co-operative Societies to Regulation 6A [Form-B] of the bye-laws of the Society, pursuant to which such premium was deducted. A direction was also sought on the District Registrar to secure implementation of his circular dated 20-4-1988 and thereby get released the aforesaid amount to the appellants.2. Sub-plot No. 23 in the respondent-society was in the joint names of the appellants and was sold by them to Devan Vikas Mandal and New Devan Vikas Man...
Tag this Judgment!G.H. Prajapati Vs. J.B. Bhatt
Court: Gujarat
Decided on: Mar-16-2001
Reported in: (2001)3GLR1891
D.P. Buck, J.1. This is an appeal under Section 96 read with Order 41 of the Civil Procedure Code, 1908 (for short, 'the Code'), challenging thejudgment and decree dated 31st December, 1994 recorded by the learned Civil Judge (S.D.), Anand in Special Civil Suit No. 185 of 1990, under which the learned Civil Judge decreed the suit of the respondent-original plaintiff and directed the appellant-original defendant to hand over peaceful and vacant possession of the property in dispute between the parties in the suit. The learned trial Judge further directed the appellant-original defendant to pay mesne profit at Rs. 400/- p.m. from the date of the suit till the date on which he actually hand over the possession of the property to the respondent-original plaintiff.2. It appears from the record that the respondent-original plaintiff instituted the aforesaid suit before the learned Civil Judge (S.D.), at Anand for possession of the property in question. The suit was resisted by the present ap...
Tag this Judgment!Gordhanbhai Govindbhai Patel Vs. State of Gujarat
Court: Gujarat
Decided on: Mar-15-2001
Reported in: (2001)3GLR2470
S.K. Keshote, J.1. Heard learned Counsel for the parties.2. In this petition a prayer is made for quashing and setting aside the order dated 10-1-2001 of Additional Sessions Judge', Surat, below Exh. 7, in Misc. Criminal Application (Bail) No. 1 of 2001. A further prayer has been made for allowing of this application and for a direction to the learned Additional Sessions Judge, Surat, to hear the bail application only after considering the video cassette as part of the police record and after perusing and demonstration of the same.3. The facts of the case are that the petitioner is the original complainant and he had filed the F.I.R., which was registered as Cr. No. 398 of 2000 for the offences punishable under Sections 302, 498A and 144 of I.P.C., at Sub-Division-Varachha Police Station of District Surat. This complaint is filed against the following persons :-(1) Karamsibhai Meghanbhai Kukadia (2) Ambaben Karamsibhai Kukadia (3) Kalubhai Kukadia (4) Dipaben Kukadia The daughter of...
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