Gujarat Court September 2004 Judgments
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Rameshchandra Mohanlal Vs. Chandaben Wd/O Mohanlal Bholanath
Court: Gujarat
Decided on: Sep-03-2004
Reported in: AIR2005Guj130
Ravi R.Tripathi, J.1. The appellant-original plaintiff is before thisCourt being aggrieved of an order dated 08.04.2003 inMisc. Application (restoration) No.868 of 2000. Thoughprima facie, the order is in favour of the plaintiff asit grants the relief but then in part. This is a casewherein a stricter view is warranted, more particularlyin light of the fact that despite order dated 08.04.2003whereby the learned Judge of the City Civil Court,Ahmedabad was pleased to sentence opponents no.5/2,Vishnukumar Prabhudas Gupta; 5/3, Rohitkumar PrabhudasGupta; 5/4, Rajkumar Prabhudas Gupta; 5/5, DharmendraPrabhudas Gupta; and 5/6, Manoj Prabhudas Gupta withcivil imprisonment for three months for their wilfuldisobedience and breach of injunction order.2. It is stated at the Bar that against this orderopponents had approached this Court by filing Appeal FromOrder No.162 of 2003 which was dismissed on 10.07.2003.The opponents have undergone the sentence of civilimprisonment, that is the precise rea...
Parmar Karsanbhai Raghubhai Vs. Ahmedabad Municipal Corporation
Court: Gujarat
Decided on: Sep-03-2004
Reported in: [2005(106)FLR767]; (2005)2GLR946
J.N. Bhatt, J.1. It is really a heartening and gratifying to notice and record a spirit of culture of compromise integrated and emanated from the parties in this group of petitions and particularly, on the part of the common respondent, the 'Ahmedabad Municipal Corporation', which has, culminated into, not only the settlement of long standing resolution of sensitive disputes of poor and indigent illiterate labour class but has, also, resulted into a fruitful exercise for their bread, as well as, hope for the future. It will, undoubtedly, a step in social justice direction.2. The learned advocates appearing for the parties in this group of petitions, upon long drawn, inter-se, as well as, in the Court, mediation, negotiation has fruitfully culminated into a common and agreed formula, which is, evidently, reflected in the form of additional affidavit filed on behalf of the respondent No.1Ahmedabad Municipal Corporation by the City Engineer one, Mr. B.R. Sheth. Upon consensus, the said ev...
Dr. B.T. Malampara Vs. State of Gujarat
Court: Gujarat
Decided on: Sep-02-2004
Reported in: (2005)1GLR599
C.K. Buch, J. 1. Heard ld. counsel Mr. M.M. Tirmizi for ld. counsel Mr. Pritesh Parikh for the petitioners -original accused nos. 5 & 6 and ld. APP Mr. HM Prachchhak for respondent No. 1 Served. Respondent No. 2, though served, has opted not to appear.2. The petitioners -original accused Nos.5 & 6 have preferred the present Cri. Rev. Application challenging the legality and validity of the order passed by ld. Addl. Sessions Judge (Fast Track Court), Dhrangadhra, District : Surendranagar dated 5.2.2004 dismissing the application Exh.9 for discharge submitted in Sessions Case No. 14/1999. Vide application exh.9, the petitioners requested to drop the proceedings and discharge them as no case is made out against them and for the sake of arguments even if it is accepted that the petitioners or any of them can be prosecuted for the offences punishable under Sections 177,201 & 218 of the Indian Penal Code, even then, in absence of sanction required to be obtained under Section 197 of CrPC, th...
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