Gujarat Court January 2011 Judgments
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Parshottambhai Shanubhubhai TalaviyA. Vs. Divya Vasudhara Financiers P ...
Court: Gujarat
Decided on: Jan-24-2011
1. In Company Application No.8 of 2011, the applicant has made the following main prayer:[A] the Hon'ble Court may be pleased to pass such orders or directions, directing the present opponent or such other officer for and on behalf of the present opponent or such other officer that this Hon'ble Court may appoint to transfer and execute necessary documents in favour of the present applicant in connection with the property bearing flat No. A/31, Divya Vasundhara Flats, Near Rajmahal Cinema, Lambe Hanuman Road, Surat on such terms and conditions that this Hon'ble Court may deem fit".2. In other company applications also similar prayers are made for different properties.3. In support of Judges Summons, affidavits are filed by the applicants seeking directions from the opponent-Liquidator or such other officer competent to transfer the properties.4. The OL, who is present in the court submits that neither winding up proceedings are pending nor the company is in liquidation under the Compani...
Varshaben Karsanbhai Garcher. 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-31/2010, with Mahila Police Station, Rajkot, for the offences punishable under Sections-323, 324, 498(A), 188, 394 and 114 of the Indian Penal Code.2. Learned Advocate for the applicant, Shri. Ashish M. Dagli, submitted that she is a lady abed about 42 years and she has to look after two children. The incident in question took place due to illicit relationship of her husband with the complainant.3. Heard learned APP for the the respondentState, 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 even considering the nature of injuries allegedly inflicted by the applicant, which are not on vital parts of the body of the complainant and the incident is rooted in the illicit relationship of the complainant with one Kar...
HussaIn Salemamad KarA. Vs. Gujarat State Level Environment -impact As ...
Court: Gujarat
Decided on: Jan-24-2011
1. This writ petition in the public interest has been preferred by the petitioner for a direction on the 1^st respondent to cancel the Environment Clearance granted in favour of the 3^rd respondent for the breach of the Environment Clearance dated 11.6.2010.2. It appears that a public interest litigation was previously preferred by Kutch Jilla Machhimar Association in Special Civil Application No. 8993 of 2009 against the proposed setting up of a power plant at Bhadreshwar in Kutch district by the 3^rd respondent. 3. The said case was disposed of on 3.2.2010 wherein the Environmental Impact Assessment Authority of the State was asked to give hearing to the party and after verifying the location and project site, to decide the matter. The petitioner Association of the said writ petition was also allowed to point out the infirmities. Thereafter, the authorities having granted conditional Environmental Clearance by the impugned order dated 11.6.2010, now a grievance has been made that the...
Bilalbhai Abbasbhai Sanghar. 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-116/2010, registered with Jamnagar Panchkoshi 'B' Division Police Station, for the offences punishable under Sections-306 and 498-A of the Indian Penal Code.2. Learned Advocate for the applicant, Shri. Buddhbhatti, submitted that the incident in question took place on 24.07.2010, whereas the FIR was lodged on 23.08.2010, for which, prima facie, no material or explanation comes on record. Even otherwise, according to the learned Advocate for the applicant, the allegations are vague and unspecific. The charge-sheet is also filed.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, rol...
Special Land Acquisition Officer. Vs. Gangaben Wd/O Chimanji Keshaji T ...
Court: Gujarat
Decided on: Jan-24-2011
1. All these applications under Section 5 of the Limitation Act, have been preferred by the applicants original appellants original Opponents to condone the delay of 786 days in preferring First Appeals challenging the common judgement and award dated 26/03/2008 passed by learned 9^th Additional Senior Civil Judge, Mahesana in Land Reference Case Nos.4499/2003 to 4506 of 2003.2. Though served, nobody appears on behalf of the respondent original claimant. Hence, it appears that there is no opposition to the present applications.3. Even otherwise, considering the averments in the applications in support of the prayer to condone delay in preferring the First Appeals, this Court is prima facie satisfied that sufficient cause has been made out and even otherwise so as to give an additional opportunity to the applicants to submit their case on merits rather than non-shutting the same on technical ground of delay, delay caused in preferring the respective First Appeals are hereby condoned. 4....
Jashumatiben Sharadbhai MehtA. Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-24-2011
1. This application is moved by the petitioner 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-86 of 2010, registered with Sola Police Station, for the offences punishable under Sections-406, 420, 467, 468, 471 read with Section-114 of the Indian Penal Code.3. Mr. Y.S. Lakhani, learned Sr. Advocate for the petitioner submitted that the petitioner is a lady aged about 58 years. The proceedings were initiated before the Company Law Board. Besides, her statement is recorded and considering the nature of the offence, her custodial interrogation is not necessary.4. Learned APP, however, has submitted that in view of the nature of the offences alleged, the petitioner do not deserve any relief from this court in...
Kathi Jilubhai Apabhai. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Jan-24-2011
1. The present Second Appeal has been filed by the petitioner-original plaintiff posing the following substantial question of law:"Whether the learned District Judge committed a substantial error of law that under Sections 39 and 40 of the Specific Relief Act were not applicable or attracted in the present case and that the civil court had no jurisdiction to grant the reliefs prayed for by the appellant?"2. The appellant-original plaintiff filed Regular Civil Suit No. 308/80 before the learned Civil Judge (S.D.), Amreli, which came to be decreed by the judgment and order dated 29.9.1982.3. However, Regular Civil Appeal No. 158/82 preferred by the State came to be allowed vide judgment and order dated 28.8.1986 by the District Court, Amreli. The said judgment and order has been challenged in the present Second Appeal by the appellant-original plaintiff posing the substantial question of law as stated above.4. However, as fairly stated by learned counsel Mr. Hathi for the appellant, the ...
Shivram @ Shivji Jagannath SharmA. Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-24-2011
1. Present application has been filed with a prayer for extension of time to deposit the amount as stipulated in condition no.(h) in the order passed in Criminal Miscellaneous Application No.12166 of 2010 dated 25.10.2010 while releasing the applicant on bail.2. Applicant is charged with having committed offences under sections 408, 420, 465, 467, 468 and 471 of Indian Penal Code, for which, FIR being I-C.R.No.863 of 2009, has been registered with Elisbridge Police Station.3. Having heard Mr.Raval, learned advocate for the applicant and considering the facts and circumstances where he has stated that amount of Rs.4/- lacs has been deposited and he is further disposing of the land, which may take some time, and, therefore, extension of time may be granted.4. In the facts and circumstances, time is granted finally to deposit the remaining amount for a further period of four months by end of June, 2011 i.e. till 30^th June, 2011.5. Accordingly present petition stands partly allowed. Time ...
Ayub Hayder Shaikh. 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 Ist C.R. No. 151/2010, registered with Pune/Puna Police Station, Surat for the offences punishable under Sections-302 and 114 of the Indian Penal Code.2. Learned Advocate for the applicant, Shri. Hardik A. Dave, 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 the respondentState, 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 inclined to enlarge the applicant on bail, by imposing suitable conditions.5. Learned cou...
Imamshan Davalshah Fakir, Thro'Aminabanu Imamshah Fakir. vs. State of ...
Court: Gujarat
Decided on: Jan-24-2011
1. Rule. Mr. LB Dabhi, learned Addl. Public Prosecutor waives service of notice of rule on behalf of the respondent State of Gujarat.2. Having regard to the facts of the case, the application is taken up for hearing today.3. The applicant convict prisoner, who by judgment and order dated 12.8.2009 rendered in Sessions Case No.1 of 2008 by the learned Additional Sessions Judge, Mehsana camp at Visnagar, has been convicted for the offence punishable under Section 20(b) of the NDPS Act and sentenced to RI for 10 years, has filed this application praying to enlarge him on temporary bail for a period of two weeks, to enable him to perform the marriage ceremony of his daughter which is to be scheduled from 27.1.2011 to 30.1.2011.4. We have considered the submissions advanced by Ms. KU Mishra, learned advocate for the applicant and Mr. LB Dabhi, learned Addl. Public Prosecutor for the respondent State of Gujarat. We have also gone through the application and the supporting document i.e. marri...
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