Gujarat Court September 2007 Judgments
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Sunil Jethubha Makwana Vs. State of Gujarat
Court: Gujarat
Decided on: Sep-18-2007
Reported in: (2008)1GLR794
C.K. Buch, J.1. Heard Shri Vaibhav Sheth, learned Counsel appearing on behalf of Shri G.D. Bhatt for the appellant and Shri P.D. Bhate, learned Additional Public Prosecutor, appearing on behalf of the respondent-State.2. The appellant-orig. convict (hereinafter referred to as 'the appellant') has preferred present appeal under Section 374 of the Code of Criminal Procedure, 1973, challenging the judgment and order of conviction and sentence dated 15th March, 2007 passed by the learned Presiding Officer, Fast Track Court, Porbandar, in Sessions Case No. 10 of 2003, whereby the learned trial Judge has held the appellant guilty for the charge of offence punishable under Section 363 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for 3 (three) years and a fine of Rs. 3000/-, and in default of making payment fine, the appellant is ordered to undergo simple imprisonment for 3 (three) months. However, the learned trial Judge has acquitted the appellant from the char...
Vajir Menaben Shankarbhai Vs. Election Commission thro' the Election C ...
Court: Gujarat
Decided on: Sep-18-2007
Reported in: (2007)3GLR2750
M.S. Shah, J.1. Mr. N.V. Anjaria, learned Counsel for the State Election Commission has placed on record report dated 11-9-2007 of the Secretary, Gujarat State Election Commission along with the copy of the report dated 6-9-2007 of the Collector, Banaskantha.2. Elections of the members of Gram Panchayat, Limbuni, Taluka Vav, Dist. Banaskantha were held on 10-12-2006. The Sarpanch of the Gram Panchayat was to be elected by all the voters in the village and members of the Panchayat were to be elected wardwise. The Upa-Sarpanch would then be elected by the elected members out of themselves. The seat of member to be elected from Ward No. 1 of the village was reserved for a lady candidate and two candidates contested- (i) Vajir Menaben Shankarbhai (petitioner) and (ii) Chaudhary Navuben Ramabhai (respondent No. 4). The polling took place on 10-12-2006 and counting took place on 12-12-2006.3. On 22-1-2007, respondent No. 4-Chaudhary Navuben Ramabhai filed Election Petition No. 1 of 2007 in t...
Atulkumar Vikaschandra Vajpai Vs. State of Gujarat
Court: Gujarat
Decided on: Sep-17-2007
Reported in: (2008)1GLR46
A.M. Kapadia, J.1. By these two Criminal Appeals filed under Section 374(2) of the Code of Criminal Procedure ('the Code' for short), the appellant of both these appeals ('the accused' for short) have challenged the judgment and order dated 25-5-2004 rendered in Sessions Case No. 57 of 1999 by the learned Additional Sessions Judge (2nd Fast Track Court), Surat, by which both the accused have been convicted for the offences under Section 302, 364, 394, 397, 398 and 201 read with Section 34 of the Indian Penal Code (I.P.C. for short) and each of them has been sentenced to the following terms:___________________________________________________________S. Term of sentence SectionNo.___________________________________________________________1. Imprisonment for life and fine of Rs. 5,000/- 302/34i.d., R.I. for one year2. R.I. for five years and fine of Rs. 2,000/- 364/34i.d., R.I. for three months3. R.I. for ten years and fine of Rs. 2,000/- 394, 397,i.d., R.I. for three months 398/344. R.I. ...
In Re: Ramboo Prolen (India) P. Ltd.
Court: Gujarat
Decided on: Sep-17-2007
Reported in: [2008]143CompCas301(Guj); [2010]98SCL17(Guj)
Jayant Patel, J.1. The present petition is for sanctioning the scheme of amalgamation. The petitioner is the transferee company. The scheme which is proposed to be sanctioned is produced at annexure G in the petition. As per the scheme of amalgamation, Goa International School P. Ltd., whose registered office is situated at Goa and Laguna Kumarakom Resorts P. Ltd., whose registered office is situated at Bangalore, in the State of Karnataka, are the transferor companies.2. This Court (Coram : M. R. Shah J.) in Company Application No. 100 of 2007 vide order dated March 2, 2007, had passed the order of dispensation of the meeting of all the equity shareholders and unsecured creditors and the declaration was recorded that there are no secured creditors of the applicant-company, who is the petitioner herein.3. The present petition came to be admitted on March 13, 2007 and at the time when the petition was admitted the declaration was recorded that in the cases of the transferor companies se...
Citichem India Ltd. and anr. Vs. Gujarat Alkalies and Chemicals and an ...
Court: Gujarat
Decided on: Sep-14-2007
Reported in: III(2008)BC384
M.R. Shah, J.1. By way of this application under Section 482 of the Criminal Procedure Code ('Cr.P.C for short), the petitioner-original accused have prayed for an appropriate order to quash and set aside the complaint being Criminal Case No. 2093 of 2003 pending in the Court of learned Chief Judicial Magistrate, Vadodara.2. A complaint being Criminal Case No. 2093 of 2003 came to be filed by respondent No. 1, herein original complainant against the petitioners in the Court of Chief Judicial Magistrate, Vadodara for the offences punishable under Section 138 read with Sections 141 and 142 of the Negotiable Instruments Act, 1981 ('NI Act' for short) alleging inter alia that the complainant had delivered goods to accused Nos. 1 and 2 by raising various invoices and bills aggregating to Rs. 82,03,945.50 as on 2.4.2003. The said invoices and bills were accepted by accused Nos. 1 and 2 without any demur or dispute. It was further averred in the complaint that Accused No. 2 i.e. petitioner No...
Bhavesh Mulji Bathwar Vs. State of Gujarat
Court: Gujarat
Decided on: Sep-14-2007
Reported in: (2008)1GLR674
H.N. Devani, J.1. This appeal is directed against the judgment and order dated 29th March, 2005 passed by the learned Addl. Sessions Judge, Fast Track Court No. 7, Jamnagar, in Sessions Case No. 139 of 2002 whereby the appellant has been convicted for the offences punishable under Sections 448, 380, 363, 364A, 387, 376(2)(f), 377, 302 and 201 of Indian Penal Code and sentenced to undergo rigorous imprisonment of three months and to pay fine of Rs. 250/-, in default, to undergo simple imprisonment for 10 days for the offence under Section 448 of I.P.C.; six months rigorous imprisonment and to pay fine of Rs. 500/-, in default, to undergo simple imprisonment for fifteen days for the offence under Section 380 of I.P.C.; rigorous imprisonment of three years and to pay fine of Rs. 2000/-, in default, to undergo simple imprisonment for one month for the offence under Section 363 of I.P.C.; imprisonment for life and to pay fine of Rs. 5000/-, in default, to undergo simple imprisonment for six...
Rameshbhai Sukhabhai Patel Vs. Divisional Controller, Gujarat State Ro ...
Court: Gujarat
Decided on: Sep-14-2007
Reported in: [2007(115)FLR987]
H.K. Rathod, J.1. Heard learned Advocate Mr. J.S. Brahmbhatt for the petitioner and Mr. Hardik C. Raval, learned Advocate for the respondent Corporation.2. Through this petition, petitioner workman has challenged the award made by the Labour Court, Surat in Reference No. 47 of 2004 dated 30.3.2005 wherein the Labour Court has rejected the said reference.3. Learned Advocate Mr. Brahmbhatt for the petitioner has submitted that the petitioner conductor has not misappropriated the amounts from the passengers and he was about to issue tickets, bus was checked by the checking squad. As per his submission, no independent witness was examined for proving the charge against the petitioner. There was no sufficient evidence against the petitioner to prove the misconduct of collection of fare without issuance of tickets. He also submits that findings given by the Labour Court are baseless and perverse. As per his submission, the Labour Court has committed error in not exercising the powers under S...
Gujarat Pollution Control Board Vs. Jagadish Nathabhai Chavda
Court: Gujarat
Decided on: Sep-12-2007
Reported in: [2008(117)FLR616]; (2008)ILLJ479Guj
R.S. Garg, J.1. The petitioner-Gujarat Pollution Control Board is before this Court under Article 227 of the Constitution of India, being aggrieved by the award dated November 2, 1998 passed by the learned Special Labour Court, Ahmedabad in Reference (LCIDAT) No. 27/1997 (Old Reference No. 362/1993), directing reinstatement of respondent workman with 100% back wages and consequential benefits.2. Short facts necessary for disposal of the present writ application are that the petitioner was appointed as a temporary driver by the petitioner Board under separate orders. The, orders were to run for a period of 29 or less days. The respondent was appointed on September 22, 1989 and with artificial break, continued upto February 1, 1991. Thereafter, under some order which is not placed on the records and as, alleged by the petitioner, the respondent was-appointed in Gems Minar Project w.e.f. February 2, 1991 and worked upto July 24, 1991. After a break of 53 days, he was reappointed on Septem...
B.K. Sarkar and anr. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Sep-12-2007
Reported in: IV(2008)BC223; 2008CriLJ1230
M.R. Shah, J.1. Mr. P.P. Majmudar, learned Advocate waives service of rule on behalf of respondent No. 2. Mr. K. T. Dave, learned APP Waives service of rule on behalf of respondent No. 1.2. By way of this application under Section 482 of the Criminal Procedure Code, the petitioners original accused have prayed for an appropriate order to quash and set aside the Criminal Case being No. 506/2005 pending in the Court of learned Chief Judicial Magistrate, Surendranagar under Section 138 of the Negotiable Instrument Act (N.I. Act' for short).3. A criminal case has been filed by respondent No. 2 original complainant in the Court of Chief Judicial Magistrate, Surendranagar against the petitioners under Section 138 read with Section 142 of the N.I. Act alleging inter alia that the petitioners have given cheque No. 131423 dated 8-1-2005 for an amount of Rs. 2,37,160/-. The said cheque was deposited in the Bank and same was returned by the Bank by written memo dated 19-1-2005 with an endorsement...
Torrent Power Ltd. Vs. Kevalchand Dhanraj Bhandari
Court: Gujarat
Decided on: Sep-11-2007
Reported in: AIR2008Guj15
ORDERJayant Patel, J.1. As both the petitions are interconnected, they are being considered by this common Judgment. The short facts of the case in Special Civil Application No. 2525 of 2007 are that, as per the petitioner, on 14-6-1996, the electricity connection No. 262670 was checked and it was found that the meter seal was disturbed and therefore, the supply was disconnected. On 17-6-1996, the amount of Rs. 15,000/- ad hoc was paid and the respondent consumer preferred Complaint No. 413/97 before the Consumer Forum of Ahmedabad City on 28-5-1997. In response to the proceedings initiated, the petitioner Electricity Company appeared and filed written statement on 10-1-1998. On 9-! 8-2003, the Consumer Forum dismissed the complaint holding that the amount came to be voluntarily paid by the complainant/consumer and as the assessment is pertaining to theft of electricity and as the meter was tampered, the action of the respondent Electricity Company cannot be said as deficiency in servi...
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