Gujarat Court December 2010 Judgments
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Sub Division Officer, Telegraph Office, (Bsnl), Modasa Vs. Jashiben Wd ...
Court: Gujarat
Decided on: Dec-29-2010
ORAL ORDER1. This appeal has been filed against the judgment and award passed by the learned Commissioner under The Workmen's Compensation Act, Labour Court, Himmatnagar in W.C. Application No.178/1996 dated 11.12.2009, whereby, the said application was partly allowed and the appellant has been held liable to pay an amount of Rs.83,182/- as compensation to the respondents, original applicants and also a penalty of Rs.41,596/-.2. The facts in brief are that deceased Amratbhai Ranabhai Khant was working as a Driver in the Office of the appellant. On 30.12.1991, at about 2100 hrs. While the deceased was on duty and driving a Jeep bearing registration no. GAD-6103, an accident took place, in which the deceased expired. Therefore, the legal heirs of the deceased, the respondents herein, filed W.C. Application No. 178/1996 before the Court below praying for compensation under the provisions of the said Act. After hearing both the sides, the Court below partly allowed the application by passi...
Sureshbhai Natubhai Vasava Vs. State of Gujarat.
Court: Gujarat
Decided on: Dec-29-2010
ORAL ORDER1. Rule.Mr.Maulik G. Nanavati,learned Addl. Public Prosecutor waives service of notice of Rule for the respondent-State of Gujarat. In the facts and circumstances of the case, this application is being heard and decided today.2. This application, under Section 439 of the Code of Criminal Procedure,1973, has been filed by the applicant for grant of bail in connection with FIR, being CR.No.I-58 of 2009, registered at Karjan Police Station, District-Vadodara (Rural), for offences punishable under Sections 306,498 and 114, of the Indian Penal Code.3. The allegation against the applicant, who is the husband of the deceased, is that he is involved in the commission of the above-mentioned offences whereby the deceased was forced to take the extreme step.4. Mr.B.K.Raj,learned counsel for the applicant has submitted that the applicant is innocent and has been falsely involved in the commission of the alleged offences. That the applicant and the deceased were living a happy married lif...
Kanchanbhai Zaverbhai Baria Vs. State of Gujarat.
Court: Gujarat
Decided on: Dec-28-2010
ORAL 1. The appellants original accused have filed this Appeal under Section 378 Cr.P.C., against the Judgment and order of conviction and sentence dated 14.05.2009 passed by the learned 5^th Additional District & Sessions Judge, Vadodara, in Sessions Case No. 149 of 2007, whereby the learned Additional Sessions Judge has (i) held the appellant No.1 - (ori. Accused No.1) guilty for the offence punishable under Section 304 Part-II of I.P. Code and sentenced him to suffer RI for 6 (years) and to pay a fine of Rs.5000/- i/d to undergo SI for 3 (three) months; (ii) held the appellants No.2 & 4 original accused Nos.2 & 4 guilty for the offence under Section 323 I.P. Code and sentenced them to suffer imprisonment for 6 (six) months; and (iii) held the appellant No.3 original accused No.3 guilty for the offence under Section 324 of I.P. Code and awarded the sentence to the extent that the sentence which he had already undergone was treated as sentence.2. The brief facts of the case of prosecu...
Jhagadia Copper Limited Vs. Praxair India Private Ltd.
Court: Gujarat
Decided on: Dec-28-2010
ORAL ORDER1. By way of this petition, the petitioners herein challenge the order dated 15.09.2010 passed by the learned Trial Court below application Exh.7/1 in Regular Civil Suit No.14 of 2010 by which the learned Trial Court allowed the application preferred by the respondent.2. Present petitioners original plaintiffs filed Regular Civil Suit No.14 of 2010 before the learned Principal Civil Judge, Jhagadia, District -Bharuch. Following prayer has been made in the said suit :-"(a) Declare that the said agreement executed between the plaintiff and defendant on 15^th February, 2005 as illegal, unilateral, bias, one-sided, malicious, vaxious, arbitrary unusual and executed under compulsion and unusual circumstances, without free consent, oppressive and not binding to us and out termination of said agreement is legal, valid and hence, it becomes non operational, non functional and infructous.(b) That the defendant may be directed to dismantle and remove their oxygen plant situated at our ...
Makwana Jashubhai Bhurabhai Vs. State of Gujarat.
Court: Gujarat
Decided on: Dec-28-2010
ORAL ORDER1. RULE. Learned APP, waives service of notice of Rule for respondent - State.2. This application is filed under Section 438 of the Code of Criminal Procedure in connection with first information report registered being CR No.I- 0017 of 2009 with Ambaliyara Police Station for the offences punishable under Sections 219, 465, 467, 468, 471, 166, 167 and 120B of the Indian Penal Code.3. Learned counsel for the applicant submits that as per his information, the land in question is restored to the original owner and other co-accused are granted anticipatory bail by the Coordinate Bench of this Court and, therefore, the applicant may kindly be granted anticipatory bail.Heard Learned APP for the respondent State who opposed grant of bail looking to the facts and circumstances of the case.4. Having heard learned counsel for the parties and perusing the record of the case and considering the facts that the co-accused are enlarged on bail by the Coordinate Bench of this court vide orde...
Mahmood Ahmed GulamhussaIn Ahmed Vs. State of Gujarat
Court: Gujarat
Decided on: Dec-28-2010
ORAL ORDER1. This application is filed under Section 438 of the Code of Criminal Procedure in connection with first information report registered at M Case No.5/2010 with Mangrol Police Station for the offences punishable under Sections 467, 468, 471, 474, 406, 420, 114 etc. of the Indian Penal Code.2. Learned counsel for the applicants submits that the dispute pertains to correct version of pedigree submitted before the Revenue authority. It is further submitted that entries made in revenue records and further proceedings are also pending before the Collector, District Surat under Bombay Land Revenue Code and considering the nature of dispute, the applicants deserve to be granted anticipatory bail.3. Heard learned APP for the respondent State.4. Having heard learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the accused and punishment prescribed for the alleged offences, wit...
Farhad Alam Balli Shahalam Rajput Vs. State of Gujarat.
Court: Gujarat
Decided on: Dec-28-2010
ORAL ORDER1. Rule. Learned APP, waives service of notice of Rule for respondent State.2. This application is filed under Section 439 of the Code of Criminal Procedure in connection with first information report registered at CR No.I 145/2010 with Rakhial Police Station, for the offences punishable under Sections 394, 323, 324, 294A, 452, 427, 506(1), 114 etc. of the Indian Penal Code and section 135(1) of the Bombay Police Act.3. Learned counsel appearing for the applicants submits that considering the nature of allegations, role attributed to the applicants and punishment prescribed, the applicants may be enlarged on bail. It is further submitted that the applicants will be available for trial and would not flee from the course of justice.4. Heard learned APP for the respondent State.5. Having heard learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the accused and punishmen...
Pravinbhai Shanabhai Natubhai Jadav Vs. State of Gujarat.
Court: Gujarat
Decided on: Dec-28-2010
ORAL ORDERThe applicant seeks bail by suspending the sentence on the ground that his mother is aged and has affected vision and needs to be attended to. He is sentenced for ten years R.I. for offences punishable under Sections 363, 376 and 114 of IPC.2. In view of the fact that the applicant is awarded fixed sentence and the fact that he has been in jail for approximately 4 years, 6 months and 15 days, the application deserves to be allowed and the same is allowed. The sentence imposed on the applicant-appellant by the learned Additional Sessions Judge, Godhra, by judgment and order dated 24.5.2007 passed in Sessions Case No.130 of 2006, is hereby suspended till final disposal of the appeal. The applicant is ordered to be released on bail on his executing a bond of Rs.10,000/- (Rupees ten thousand only) and on furnishing a surety of the like amount to the satisfaction of the Trial Court, and upon such conditions as may be imposed by the Trial Court;3. The above order shall come into op...
State of Gujarat Vs. Chandubhai Shambhubhai.
Court: Gujarat
Decided on: Dec-28-2010
ORAL ORDER1. The appellant State preferred this appeal under Section 377 of the Cr.P.C., feeling aggrieved by and dissatisfied with the order of sentence passed by learned Chief Judicial Magistrate, Amreli on 9.12.2000 in Criminal Case No.64 of 2000. The respondent herein was original accused in the aforesaid criminal case and the charge sheet came to be filed against the respondent for the offences punishable under Sections 279, 337 and 338 of the Indian Penal Code and Sections 177 and 184 of the Motor Vehicles Act. When his plea was recorded by the learned CJM, he pleaded guilty. Thereupon, by impugned order dated 9.12.2000, upon plea of guilty, respondent came to be convicted for the offences punishable under Sections 279, 337 and 338 of the Indian Penal Code and Sections 177 and 184 of the Motor Vehicles Act under Section 252 of the Cr.P.C., and was sentenced to pay fine of Rs.200/-.2. None appeared for the respondent though served.3. Heard submissions advanced by Mrs.Shah, learned...
Virendrapratap Ramashankarsinh Rajput Pappusinh Vs. State of Gujarat.
Court: Gujarat
Decided on: Dec-28-2010
ORAL ORDER1. This application is filed under Section 438 of the Code of Criminal Procedure in connection with first information report registered at M Case No. 1/2009 with Pandesara Police Station, Surat district for the offences punishable under Sections 465, 467, 468, 471, 323, 504, 506(2), 120-B etc. of the Indian Penal Code.2. Learned counsel for the applicants submits that for the alleged incident, which took before 25 years, complaint is filed. It is further submitted that the applicants herein are permanent residents and will be available for investigation and not likely to flee from the course of justice. Learned counsel further submits that considering the overall facts and circumstances of the case, the applicants deserve to be granted anticipatory bail.3. Heard learned APP for the respondent State.4. Having heard learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to t...
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