Gujarat Court December 2010 Judgments
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Kanubhai Mafatbhai Patel Vs. State of Guajrat
Court: Gujarat
Decided on: Dec-14-2010
1. 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-150/2010 with Kalol Taluka Police Station, for the offences punishable under Sections 465, 467, 468, 471, 420, 406, 120-B, 114 etc. of IPC. 3. Learned counsel appearing for the applicant submits that though investigation is on verge of completion, so far as allegations levelled against the applicant are concerned, one Chandresh Joitaram Patel co-accused has shown his willingness to restore the status of the land in question and the applicant herein is also consenting party and will co-operate and sign the deed of restoration of the land in question. It is further submitted that by imposing suitable conditions, the applicant may be granted bail. Learned advocates appearing for the respective complainants agree to the above suggestion. 4. Heard learned APP for the re...
State of Gujarat Vs. Maheshbhai Jagdishbhai GondaliyA.
Court: Gujarat
Decided on: Dec-14-2010
ORAL ORDER1. This is an application seeking leave to appeal against an order of acquittal recorded by the Court of Sessions, Amreli in Sessions Case No.83 of 2008 by judgment and order dated 19.4.2010.2. The respondent was charged with offence punishable under Sections 363, 366 read with 114 of IPC. The other person allegedly involved in the offence reported to be absconding. The case of the prosecution is that the prosecutrix was under 16 years of age; she was staying with her maternal uncle; that on the eventful day she had gone in the morning to attend nature's call wherefrom she did not return. The two witnesses reported to the maternal uncle that they had seen two persons taking away the prosecutrix on a motor-cycle.2.1 The said two witnesses have been examined and they have identified the accused, respondent herein, before the Court. However, even as per the prosecution case, the witnesses did not know the accused, respondent herein, before hand. During the course of investigatio...
Vinubhai Khushaldas Shah Through Poa Subhash M Khurana Vs. Vinodbhai J ...
Court: Gujarat
Decided on: Dec-14-2010
ORAL ORDER1. Heard learned senior advocate Mr. Sanjanwala appearing on behalf of appellant.2. In this appeal, consent decree is challenged by appellant which was passed under Order XXIII Rule 3 of the Code of Civil Procedure.3. Learned senior advocate Mr. Sanjanwala submitted that appeal is available and competent against the consent decree.4. The appellant has signed the consent terms, but, according to learned senior advocate Mr. Sanjanwala, it was by threat or coercive.5. This Court has asked a question that what would be the reaction of threat and coercive method adopted by other side.6. Thereafter, learned senior advocate submitted that I have to inquire about it. Thereafter, this Court has adjourned this matter, then, he pointed out Page 5 of Civil Suit annexed with this appeal, where, in subject, suit is valued for Rs.10 lakhs for the purpose of declaration and Rs.300/- for the purpose of permanent injunction.7. Therefore, on being these two figures as referred above, his impres...
Mer Visa Giga Munja Vs. Mer Raide Ata LunghA.
Court: Gujarat
Decided on: Dec-14-2010
ORAL ORDERList has been revised twice. Learned advocate Mr.Buch for learned Senior Advocate Mr.N.D.Nanavati on behalf of appellants is not present and he has not given any details after verification in respect to subsequent development in this matter, it was assured by him on 2.12.2010.However, learned advocate Mr.Dave for learned Senior Advocate Mr.Y.S.Lakhani on behalf of respondents is present.Therefore, considering the absence of learned advocate Mr.Buch and this being an old matter, present Second Appeal is dismissed in default....
Ratansinh Balubhai Padhiyar Vs. State of Gujarat.
Court: Gujarat
Decided on: Dec-14-2010
ORAL ORDER1. This application is filed under Section 438 of the Code of Criminal Procedure in connection with first information report registered being CR No.I-143 of 2010 with Chhani Police Station for the offences punishable under Sections 143, 147, 148, 149, 307, 325, 324, 323, 342, 427, 294 (B) and 188 of the Indian Penal Code.2. Having heard learned counsel for the parties and perusing the record of the case, considering the overall facts and circumstances of the case and the allegations vis-a-vis the injuries and scuffle took place during the election, I am inclined to grant Anticipatory Bail on imposing suitable conditions:3. Learned counsel for the parties do not press for further reasoned order.4. In the result, this application is allowed by directing that in the event of the applicants herein being arrested pursuant to FIR being CR No.I-143 of 2010 with Chhani Police Station, the applicants shall be released on bail on furnishing a bond of Rs.5,000/- each (Rupees Five Thousa...
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