Gujarat Court January 2011 Judgments
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Bhendarda Harsukhbhai Punabhai (Ahir). Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-24-2011
1. This application is moved by the applicant for grant of anticipatory bail, the relevant papers pertaining to the incident are available with the learned APP and the representative of the Investigating Authority is present before this court.2. This application under section 438 of the Code of Criminal Procedure, 1973 (for short, "the Code") is filed with regard to C.R. No. I-57 of 2010, registered with Maliya Hatina Police Station, for the offences punishable under Sections- 376, 323, 506(2) read with Section-114 of the Indian Penal Code and Section-135 of the Bombay Police Act.3. Mr. Ashish Dagli, learned Advocate for the petitioner submitted that a voluntary act on the part of the complainant is converted into an offence, punishable under Sections 376 etc. of the I.P.C.. Even, version of the prosecutrix is perused, prima facie, no case is made out against the petitioner for which custodial interrogation is necessary. Besides, co-accused are enlarged on bail.4. Learned APP, however,...
Hasmukhbhai Babubhai Rathod. Vs. Bhavnagar District Panchayat and ors.
Court: Gujarat
Decided on: Jan-24-2011
1. The present appeal arises against the order dated 07.07.2010 passed by the learned Single Judge of this Court in Special Civil Application No.17819/03, whereby the petition has been allowed to the extent that the Award of the Labour Court for back wages and in continuity in service is set aside and the reinstatement awarded by the Labour Court is not interfered with.2. Heard Mr.Sonagra for Mr.Upadhyay for the appellant and Mr.Munshaw upon advance copy.3. The contention raised on behalf of the appellant is that once the termination was found to be illegal, as a necessary consequence, the back wages and continuity in service are required to be granted. Since there was a delay of six years, the Labour Court has already moulded the relief.4. It was submitted that even if it is considered that the workman would not be entitled for the back wages, it least he would be entitled to continuity in service which was so ordered by the Labour Court in the award and ought not to have been set asi...
Chandrakant Ishwarbhai Patel and ors. Vs.
Court: Gujarat
Decided on: Jan-24-2011
1. The petitioners/original defendants have filed this Civil Revision Application under Section 115 of the Code of Civil Procedure, praying for quashing and setting aside the impugned judgment and order dated 18^th February 2002 passed by the learned Civil Judge (S.D.), Anand below application Exh.40 in Special Civil Suit No.61/2001 and further praying to remand the case to the learned trial Judge to entertain it in accordance with law, after giving due and proper opportunity to the petitioners/original defendants to defend the suit on merits.2. This Civil Revision Application was admitted and rule was issued on 28^th August 2002. The petitioners were directed to deposit a sum of Rs.4,65,000=00 towards the suit claim, within a period of six weeks from the date of receipt of the writ or from the date of receipt of the certified copy of the said order, whichever is earlier. On this condition, the Court has granted interim relief in terms of paragraph 10(C) of the Civil Revision Applicati...
Pragnesh Bhogilal Shah. Vs. M/S Ishvarya Apartments Pvt Ltd and ors.
Court: Gujarat
Decided on: Jan-24-2011
1. RULE. Shri Parikh, learned advocate waives service of notice of rule on behalf of respondent no. 3, who is the main contesting party and who had contested the suit before the learned trial Court.2. Ms. Pandit, learned advocate appearing on behalf of the applicant seeks permission to delete respondents nos. 1 and 2 so far as the present application is concerned as they have never appeared before the learned trial Court and even during pendency of the suit, interim injunction was modified at the instance of respondent no. 3 herein on deposit of a sum of Rs. 5,25,000/- by respondent no. 3 herein. 3. Permission is accordingly granted. Without prejudice to the rights and contentions of the respective parties in the main First Appeal, respondents nos. 1 and 2 are hereby ordered to be deleted so far as the present application is concerned.4. The present application has been preferred by the applicant-original plaintiff for the interim relief to stay further implementation, operation and ex...
A B ChavdA. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jan-24-2011
1. The present appeal arises against the order dated 29.07.2010 passed by the learned Single Judge of this Court in Special Civil Application No. 7387/09, whereby the learned Single Judge has found that the benefit of pay-scale given to the petitioner of Lino Operator was by mistake and the appellant was entitled for the benefit of the pay-scale of Lino Reservist and has upheld the order for reduction of the pay-scale, but has quashed the direction for recovery of the payment already made.2. Heard Mr.Supehia, learned counsel appearing for the appellant.3. It has been contended that the order of the learned Single Judge so far as it relates to the quashing the recovery of the offer payment is concerned, the appellant has no grievance. However, he contended that the finding recorded by the learned Single Judge that it was a mistake to place the appellant in the pay-scale of Lino Operator is against the appellant and therefore, he has preferred the present appeal.4. It was submitted that ...
Bharatkumar Mohanbhai MankadiA. Vs. Gujarat Industrial Development Cor ...
Court: Gujarat
Decided on: Jan-24-2011
1. Heard learned advocate Mr. HD Rana for the petitioner. The learned advocate for the petitioner invited attention of the Court to the averments made in Para 8 on page 4 to the petition (Special Civil Application No. 598 of 2011) and submitted that under Para 2 of the said 'Standing Order' i.e. Circular letter No. GIDC/ALT/POL 48 (2) dated 1^st June 1988, a copy of which is produced at Annexure 'A', provided for the 'Out of Turn Priority' in the matter of allotment of land to the persons of those categories.2.The learned advocate for the petitioner then submitted that the petitioner had approached this Court earlier by filing a Special Civil Application No. 8685 of 2010, which came to be disposed of by this Court (Coram: Honourable Mr. Justice HK Rathod) by order dated 29^th July 2010. Paras 2 and 3 are relevant for the purpose, the same read as under:"2. Grievance of present petitioner is that petitioner being an Ex-Army Personnel, is entitled for industrial land as per the policy de...
Jagubhai Jethsurbhai Khuman. Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-24-2011
1. It appears from the papers that vide letter dated 22^nd November 2010, the Assistant Director of Forensic Science Laboratory, has contended that as there were many documents and signatures have to be examined, it will take some time and has contended that it may take time upto 15^th December 2010 to submit report.2. Thereafter, on 28^th December 2010 this Court has passed the following order:"Heard the learned advocate Ms Kruti Shah for the applicant. Mr HL Jani learned APP has produced the report of PSI of Bhavnagar, who is Investigating Officer, wherein, it is submitted by the I.O. that on 20.10.2010 the report of FSL is already submitted to the Court of learned Chief Judicial Magistrate, Bhavnagar. Mr Jani has prayed that sealed cover FSL report is required to be called for.3. Hence, learned Chief Judicial Magistrate, Bhavnagar is directed to send the sealed cover FSL report which is produced in CR No. I-10/2010 in connection with the offence registered before the Paliyad Police ...
Rupshibhai Nagabhai Rabari and ors. Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-24-2011
1. Rule. Mr.H.L. Jani, learned Additional Public Prosecutor, waives service of Rule on behalf of the respondent-State.2. Present application is filed by the applicants under Section 389 of the Code of Criminal Procedure, 1973 to suspend the sentence imposed upon them vide order dated 24^th December 2010 passed by the learned Additional Sessions Judge and Presiding Officer, 1^st Fast Track Court, Palanpur, in Special Case (Atrocity) No.76 of 2009 by releasing the applicants-accused on bail during the pendency of the appeal.3. The learned Additional Sessions Judge and Presiding Officer, 1^st Fast Track Court, Palanpur, by his judgment and order dated 24^th December 2010 convicted the applicant No.1 for the offences punishable under Section 325 of the Indian Penal Code and ordered to undergo rigorous imprisonment for a period of three years and also imposed fine of Rs.01,000/-, and in default of payment of fine, ordered to undergo rigorous imprisonment for a further period of one month. T...
Swaminarayan Trading Co. and ors. Vs. Official Receiver.
Court: Gujarat
Decided on: Jan-24-2011
1. Since both these Civil Revision Applications are interconnected and since parties are common, the same are heard and being disposed of by this common judgment and order.2. The Civil Revision Application No.25 of 1999 is filed by the applicant original defendant in Summary Suit No.879 of 1984 challenging the order passed by the learned City Civil Judge, Ahmedabad in Civil Misc. Application No.305 of 1998 refusing to condone the delay and setting aside the exported decree passed by the City Civil Court.3. The said Civil Revision Application was admitted by this Court on 6.5.2002.4. The Civil Revision Application No.36 of 1999 is filed by the applicant original decree holder challenging the order passed by the learned Second Jt. Civil Judge (S.D.), Ahmedabad Rural on 6.11.1998 below an application Ex.26 in Special Execution Darkhast No.24 of 1997 whereby the said application was allowed and the order issuing warrant of attachment of immovable properties belonging to the third party was...
Shahidkhan Bismillahkhan Pathan. Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-24-2011
1. This application is filed under Section 439 of the Code of Criminal Procedure in connection with the first information report registered as C.R. No. I-57/2010, registered with Savli Police Station, Vadodara for the offences punishable under Sections-307, 143, 147, 148 and 149 of the Indian Penal Code, Sections-25(1)D and 27 of the Arms Act and Section-135 of the Bombay Police Act.2. Learned Advocate for the applicant, Shri. M.M. Tirmizi, submitted that the charge-sheet is filed and considering the role attributed to the applicant, he may be enlarged on bail, by imposing suitable conditions.3. Heard learned APP for the respondent State, who opposed the grant of bail looking to the nature and gravity of the offence.4. Having heard learned counsel for the parties and having perused the material on record and taking into consideration the facts and circumstances of the case, nature of allegations, role attributed to the accused and punishment prescribed for the alleged offences, I am in...
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