Gujarat Court February 2007 Judgments
Rameshbhai Kacharabhai Dantani Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Feb-21-2007
Reported in: I(2008)DMC240
Ravi R. Tripathi, J.1. Present revision application is filed by the original complainant Rameshbhai Kacharabhai Dantani father of the deceased.1.1 The petitioner original complainant being aggrieved by judgment and order dated 24.05.2005 passed by the learned Sessions Judge, Mehsana in Sessions Case No. 85 of 2005 is before this Court.1.2 The learned Sessions Judge convicted accused Nos.1 Dantani Dilipbhai Jivanbhai (husband of the deceased) and 2 Dantani Parvatiben Jivanbhai Maganbhai (mother-in-law of the deceased) for an offence under Section 498A read with Section 114 of the Indian Penal Code (SIPC, for short) and then adjourned the case for hearing accused Nos.1 and 2 on the point of quantum of punishment.1.3 The learned Sessions Judge was pleased to acquit all the accused, viz. Dantani Dilipbhai Jivanbhai (husband of the deceased), Dantani Parvatiben Jivanbhai Maganbhai (mother-in-law of the deceased) and Dantani Rekhaben Vijaybhai (wife of the elder brother of the husband of the...
Tag this Judgment!Jayantibhai Dahyabhai Patel and 11 ors. Vs. State of Gujarat and 4 ors ...
Court: Gujarat
Decided on: Feb-21-2007
Reported in: (2007)3GLR1978
D.A. Mehta, J.1. In light of the separate order of even date being made in Special Civil Application No. 3273 of 2007 the learned Advocate for the petitioner is permitted to delete petitioner No. 9.2. These petitions have been preferred praying for following reliefs:30. The petitioners, therefore, pray that a) The Hon'ble Court be pleased to admit and allow this petition;b) The Hon'ble Court be pleased to issue an appropriate writ, order or direction quashing and setting aside the order dated 09.01.2007 and be further pleased to hold that the action of the respondent No. 2 in purporting to exercise powers under Section 74D as well as the order Annexure-B is per-se illegal, unlawful, arbitrary, in breach of the principles of natural justice and violative of Articles 14 and 19(1)(c) of the Constitution of India and is malafide in law.c) Pending admission, hearing and/or final disposal of this petition, this Hon'ble Court be pleased to stay and suspend the operation, implementation and ex...
Tag this Judgment!Dr. Chhotubhai L. Patel Vs. the State of Gujarat and 4 ors.
Court: Gujarat
Decided on: Feb-20-2007
Reported in: (2007)2GLR1716
D.A. Mehta, J.1. The learned advocate for the petitioner has sought permission to amend the prayer clause. Permission is granted and he is directed to amend the prayer clause immediately. 2. This petition has been filed with the following prayers, including the amended prayer:28. In the premises aforesaid, the petitioner prays as under:A. That this Honourable Court be pleased to issue a writ of certiorari and/or any other appropriate writ, order or direction quashing and setting aside the order dated 12.01.2007 passed by respondent No. 2 and thereupon the proceedings initiated by respondent No. 2 pursuant to and on the basis of application moved by respondent Nos. 3, 4 and 5 under Section 50A of the B.P.T. Act, a copy whereof figures at Exhibit 'D' to the memorandum of the present petition, and, thereupon, be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction commanding respondent No. 2 not to take cognizance of the...
Tag this Judgment!Jagdish Sweets and Farsan and anr. Vs. Jagdish Foods Pvt. Ltd.
Court: Gujarat
Decided on: Feb-20-2007
Reported in: (2007)3GLR2400
P.B. Majmudar, J.1. Since the matter was already heard and kept for judgment, now it is indisposed of today and a formal order of admission is passed today. Mr. Ray waives service of notice of admission. Matter is now disposed of by this judgment with the consent of the parties as the parties had already submitted the lengthy arguments on the merits of the matter.2. The appellants herein are the original defendants of Regular Civil Suit No. 7 of 2005. The aforesaid suit is filed by the respondent herein. The aforesaid suit is filed by the plaintiff, Jagdish Foods Private Limited for permanent injunction against the defendants restraining the defendants from infringing the trade marks and copy rights of the plaintiffs. The case of the plaintiff is that the plaintiff is a registered private limited company engaged in the business of manufacturing and marketing of farsan items like Khaman, Bhakarwadi, Khamani, Bhujia, Sev, etc. in the name and style of M/s. Jagdish Foods Private Limited. ...
Tag this Judgment!Kumudben Jayantilal Mistry Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Feb-19-2007
Reported in: I(2008)BC268; 2007CriLJ2182
D.H. Waghela, J.1. Revisionist, the original accused person in Criminal Case No. 1683 of 1996 pending in the court of learned JMFC, Gandevi, has called into question the order dated 22.1.1998 made below her application for discharge under Section 258 of the Code of Criminal Procedure, 1973 (for short, 'the Code'). It was contended in the application for discharge that the petitioner herein had given a post dated cheque against the promise of execution of a document of sale of immoveable property and upon failure of the complainant to execute the documents, the petitioner had stopped payment of the cheque in question. Thus, despite the clear understanding and instruction to the original complainant not to present the cheque for realization, the cheque having been presented and dishonoured, the petitioner had prayed for an order of discharge. The trial court, after consideration of the contentions of the parties, observed that there was a prima facie case for proceeding with the summons ...
Tag this Judgment!Kalpeshkumar Babubhai Patel Vs. State of Gujarat and 3 ors.
Court: Gujarat
Decided on: Feb-15-2007
Reported in: [2007(115)FLR170]
R.M. Doshit, J.1. Heard the learned advocates.2. RULE returnable today. Mr. Hasurkar waives service of rule. With the consent of the learned advocates, the petition is heard and disposed of today.3. The petitioner, a Government servant appointed on compassionate grounds, challenges the Notification dated 19th April, 2006 issued by the Sardar Patel Institute of Public Administration, Gujarat State (hereinafter referred to as, the SPIPA) and the apprehended order of termination of service of the petitioner.4. By order dated 2nd November, 2001 made by the Superintending Engineer, R & B Circle, Ahmedabad, the petitioner was appointed as a Clerk in Class-III service of the State Government on compassionate grounds on the terms and conditions mentioned therein. Since his appointment as a Clerk, under the Gujarat Non-Secretariat Clerks, and Clerk-cum-Typists (Training and Examination) Rules, 2001 framed under Article 309 of the Constitution of India, the petitioner was required to take the pr...
Tag this Judgment!Varshaben Devenedrabhai Patel and 2 ors. Vs. State of Gujrat and anr.
Court: Gujarat
Decided on: Feb-14-2007
Reported in: 2007CriLJ2877
D.H. Waghela, J.1. The petitioners, trustees and office bearers of a School, have invoked the provisions of Section 482 of the Code of Criminal Procedure, 1973 with the prayer of quashing Criminal Case No. 10322 of 1995 alleging offences punishable under Sections 500 and 506(1) read with Section 114 of the Indian Penal Code. The main allegations in the complaint are to the effect that the complainant was serving as a teacher, employed in the kindergarten run by the petitioners. It is alleged that petitioner Nos.2 and 3 were having a grudge against her and were insisting upon the complainant submitting resignation on the basis of the allegations that the complainant did not know anything and was very harsh on the young pupils. Such derogatory statements were being made in presence of other teachers and parents of the pupils, according to the allegations. While discharging the complainant from service, defamatory statements are alleged to have been made in the order of termination dated ...
Tag this Judgment!Shankar @ Shakabhai Maganbhai Raval Vs. State of Gujarat
Court: Gujarat
Decided on: Feb-14-2007
Reported in: (2007)3GLR2437
A.M. Kapadia, J.1. A five years old female child was kidnapped from the lawful guardian and thereafter was subjected to sexual abuse by the appellant, Shankar alias Shakabhai Maganbhai Raval, ('the accused' for short). The accused was, therefore, charged and tried by the learned Additional Sessions Judge, 3rd Fast Track Court, Surat, in Sessions Case No. 100 of 2001 for commission of the offences punishable under Sections 363, 366, 376 and 323 of the Indian Penal Code ('IPC' for short).2. At the end of the trial, the accused was found guilty of the offences with which he was charged and resultantly he was convicted vide judgment and order dated 24.10.2002 and sentenced to suffer R.I. for 12 years and fine of Rs. 5,000/- and in default of payment of fine, S.I. for further period of one year for commission of the offence punishable under Section 376(2)(f) IPC, R.I. for seven years and fine of Rs. 5,000/- and in default of payment of fine, S.I. for further period of one year for commissio...
Tag this Judgment!Manoj Valmiki Pande Vs. State of Gujarat
Court: Gujarat
Decided on: Feb-13-2007
Reported in: (2007)2GLR2245
A.M. Kapadia, J.1. In these three appeals filed under Section 374 of the Code of Criminal Procedure ('the Code' for short) the challenge is to the correctness of the judgment and order dated 21.10.2002, rendered in NDPS Case No. 9 of 2000, by the learned Additional Sessions Judge, Fast Track Court No. 1, Vadodara, by which the appellants (A-1, A-2 and A-3 for short) in these three appeals have been convicted for the offence punishable under Section 8(c) read with Section 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act' for short) and all the accused persons have been sentenced to suffer R.I. for ten years and fine of Rs. 1 lakh and in default of payment of fine, R.I. for further period of six months.2. Briefly stated, the prosecution case as disclosed in the FIR and unfolded during trial is as under:2.1. P.W.9, N.K. Rathod, Police Inspector, was on duty on 11.7.2000 at City Police Station, Vadodara. He received an information from Rajendra Mohanrao Pati...
Tag this Judgment!Amarsinh @ Dipsinh Sursinh Patel Vs. State of Gujarat
Court: Gujarat
Decided on: Feb-13-2007
Reported in: (2007)3GLR2336
K.A. Puj, J.1. The appellant - original accused No. 1 has filed this appeal under Section 374(2) of the Criminal Procedure Code, 1973 ( for short 'the Code') challenging the order dated 30.4.2005 passed by the learned Additional Sessions Judge, 6th Fast Track Court, Panchmahal at Godhra in Sessions Case No. 320 of 2004 convicting him for the offence punishable under Section 304 Part-I of IPC and sentencing him for R.I of 10 years with fine of Rs. 1 lac (Rupees One Lac Only) and, in default of payment of fine further S.I of 3 months.2. This appeal was admitted on 17.8.2005 and Court directed the learned Counsel appearing for the appellant - original accused to prepare and produce paper book containing depositions of all witnesses and documents produced before the trial Court. The Court has also directed the registry to notify the appeal for final hearing in the week commencing from 12.9.2005. 3. Briefly stated, the prosecution case as disclosed from the complaint as well as unfolded dur...
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