Gujarat Court January 2011 Judgments
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Vasim Mahemudkhan. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Jan-27-2011
1. This application has been received through jail. The applicant is an under trial prisoner in connection with offence punishable under Section 25(1(ib)(a) of the Arms Act. He seeks regular bail in connection with the F.I.R. being C.R. No.II-27/2008 registered at Kadi Police Station.2. Learned A.P.P. submitted that the applicant is involved in another offence of dealing in fake currency notes, for which he has already convicted and undergone rigorous imprisonment of ten years.3. With respect to conviction of the petitioner in another case I express no opinion. However, in so far as the present case is concerned, considering the maximum sentence provided under the law and other fact and circumstances of the case, the applicant is ordered to be released on bail in connection with F.I.R. being C.R. No.II-27 of 2008 registered at Kadi Police Station on his furnishing bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of the like amount to the satisfaction of the lower court an...
Shantaben Devshanker Parmar. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jan-27-2011
1. The land belong to one deceased Hiralal Parshottamdas Patel. He applied for permission to sell the land to the appellant. By order dated 13.12.1981, the authorities permitted him to sell the land on two conditions namely, (i) application for use of non-agriculture purpose should be made within 6 months from the date of transfer of land, and (ii) the land should be put to non-agriculture use within 3 years from the date of the order.2. In view of such conditional permission, said deceased Hiralal Parshottamdas Patel sold 35 Gunthas of land in favour of the appellant on 31.5.1982, but no construction was made over the land for years together.3. Under the Bombay Tenancy & Agricultural Lands Act, 1948 provisions have been made to withdraw the permission to sell the property or to cancel the same, if conditions are not fulfilled. Having not fulfilled the conditions, proceedings under Section 84-C of the Bombay Tenancy & Agricultural Lands Act, 1948 was initiated by notice dated 16.11.198...
Vishalbhai Bakulbhai Dhruve @ Parmar. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jan-27-2011
1. The present appeal arises against the order dated 1.12.2009 passed by the learned single Judge of this Court in Special Civil Application No.12550 of 2009, whereby the petition has been dismissed.2. The relevant facts are that the father of the petitioner was in Panchayat Service had expired on 19.6.2009. It is the case of the petitioner that at the relevant point of time, he was minor and, therefore, could not apply for compassionate appointment. Upon attaining majority, he applied for compassionate appointment. 3. The said application of the original petitioner came to be rejected vide decision dated 17.3.2008 on two grounds, one was that the application was not made within a period of six months from the death of the deceased employee and the another was that the family pension of Rs.3062/- is available to the dependent members of the family of the deceased employee and terminal benefits are also paid of Rs.3,66,509/-. Under these circumstances, the original petitioner had approa...
Arunaben Kanubhai Patel. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jan-27-2011
1. The petitioner has filed this petition under Article 226 of the Constitution of India, praying for quashing and setting-aside the order passed by the learned Secretary (Appeals), Revenue Department, Gujarat State, Ahmedabad on 23^rd November 1993, cancelling the N.A. permission granted by the District Development Officer vide his order dated 9^th July 1986.2. This Court has issued notice on 8^th December 1994 and ad-interim relief in terms of paragraph 7(C) of the petition was granted. The ad-interim relief granted was ordered to be continued subject to reserving liberty to the respondent to move appropriate application for vacating the interim relief. During the pendency of this petition, the petitioner has expired and her heirs and legal representatives are brought on record on 11^th May 2009.3. The brief facts giving rise to the present petition are that the petitioner was the owner of the land bearing Survey No.114, admeasuring 4957 sq.meters situated at village Tarsali, Taluka ...
Alibhai Mangalbhai Majgul Sidibadshah. Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-27-2011
1. Rule. Learned APP Shri Shah waives service of rule on behalf of the respondent.2. Counsel for the petitioner submitted that the petitioner was initially granted bail by the learned Magistrate on 24.12.2010. Subsequently, however, the Investigating Officer filed a report adding besides others, offence under section 409 of the Indian Penal Code. The learned Magistrate, finding that for such offence, he is not competent to grant bail, without any further procedure, cancelled the bail and directed that the petitioner be taken in custody by the impugned order dated 1.1.2011. Counsel further submitted that though the petitioner was working in SRP, the alleged amount was not entrusted to him in capacity as a Government servant. Section 409 of the Indian Penal Code, therefore would not apply. At this stage, it is not necessary for me to make any elaborate observations on the last contention of the counsel for the petitioner. Suffice it to say that in the present case, the petitioner is not ...
Amthabhai Velabhai Desai (Rabari) and ors. Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-27-2011
1. Rule. Learned APP, Shri D.C.Sejpal, waives service of rule on behalf of respondent-State.2. Counsel for the petitioners submitted that previously complaint was lodged for the same incident alleging offence punishable under Sections 323, 324 of Indian Penal Code later on to give more serious dimension to the alleged incident, fresh complaint came to be filed alleging offence punishable under Section 394 of Indian Penal Code stating that one gold chain was also snatched and taken away. He further submitted that other than the above mentioned incidents, petitioners have no any other criminal antecedents. Counsel further submitted that petitioners would cooperate with the investigation, if granted bail. He further submitted that the injured was discharged from the hospital on the same day after short treatment.3. Under the circumstances, by allowing this application, it is ordered that in the event of arrest of the applicants in connection with C.R. No.I-295 of 2010 registered with Sola...
Jivanbhai Durlabhbhai Patel. Vs. Revant Mahesbhai Desai and ors.
Court: Gujarat
Decided on: Jan-27-2011
1. By way of filing this petition the petitioner - original defendant No.6 has challenged the order dated 8^th April 2010 passed below Exhibit 40 in Special Civil Suit No.198 of 2009 by the learned 10^th Additional Senior Civil Judge, Surat whereby he rejected the said application filed by the petitioner for deleting his name from the array of defendants.2. The learned counsel for the petitioner submitted that the petitioner is neither a party to the agreement nor is an witness to the agreement. He further submitted that the petitioner has not received any consideration pursuant to the agreement.3. He further raised the question of limitation of the suit and submitted that the learned Civil Judge has committed grave error in not granting the application filed by the petitioner by deleting the name of the petitioner.4. I have considered the submissions made by the learned counsel for the petitioner and perused the record.5. The learned Civil Judge in paragraph 3 of the impugned order ha...
Deputy Executive Engineer. Vs. Jivrajbhai Jasabhai and ors.
Court: Gujarat
Decided on: Jan-25-2011
1. The present appeal arises against the order dated 29/7/2010 passed by the Ld. Single Judge of this Court in Special Civil Application No. 8295 of 1999, whereby the petition has been allowed by setting aside the award qua back wages and has been dismissed qua reinstatement of the workmen concerned respondents herein.2. Heard Mr. PV Hathi, Ld. Counsel for the appellant and Mr. MH Rathod, Ld. Counsel appearing on advance copy for the respondents.3. The contention raised on behalf of the appellant is that the Ld. Single Judge ought not to have confirmed the reinstatement since the respondents workmen were working as daily wagers. It was submitted that the procedure for retrenchment compensation was followed to the extent that the workmen were informed to collect the retrenchment compensation and, therefore, it was not the case where there was no compliance of section 25-F of the Industrial Disputes Act, 1947 [hereinafter referred to as 'the Act']. He submitted that, therefore, the view ...
Jaswantlal Manilal KansarA. Vs. Dena Bank of IndiA.
Court: Gujarat
Decided on: Jan-25-2011
1. The petitioner original judgment debtor has filed this Civil Revision Application under Section 115 of Civil Procedure Code challenging the order passed by the learned Civil Judge (J.D.) Mehsana below an application Ex.52 in Special Darkhast No.34 of 1991 whereby the said application was rejected.2. This Court has issued notice on 27.12.2002 and, thereafter, Civil Revision Application was admitted and rule was issued on 11.3.2003.3. Heard Mr. R.C.Jani, learned advocate appearing for the petitioner. Mr.P.G.Desai, learned advocate has filed his appearance on behalf of the respondent Bank.4. It is the case of the petitioner that the petitioner had taken loan of Rs.50,000/- from the respondent Bank and for the said purpose, the goods worth Rs.6 lacs were placed under pledge/hypothecation with the Bank. Since the decree was passed against the petitioner, the petitioner had requested to the respondent Bank to recover the dues by selling the goods which are under possession of the responde...
Rameshbhai Panchabhai Patel. Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-25-2011
1. Present application has been filed by the applicant for grant of regular bail under Section 439 of the Code of Criminal Procedure after the charge-sheet is filed, which is a successive bail application after Criminal Misc. Application No. 12798 of 2010 has been withdrawn.2. The applicant accused is charged with having committed offence under Sections 464, 465, 467, 468, 471 and 114 of IPC for which FIR being I.C.R.No. 47 of 2010 has been registered with Jalalpore Police Station, District: Navsari.3. Learned Counsel Mr. B.A.Surti for the applicant referred to the papers and submitted that as the investigation is over and the charge-sheet is filed, present application may be allowed considering his role. He submitted that the applicant accused has merely signed as a witness in the Satakhat/Agreement to Sale. He also submitted that the other co-accused has been released as per the order passed by this Hon'ble Court (Coram: Anant S. Dave, J.) in Criminal Misc. Application No.15690 of 20...
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