Gujarat Court January 2011 Judgments
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AnwarhussaIn Gulamkadar. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Jan-21-2011
1. Rule. Mr. RC Kodekar, 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 20.11.2009 rendered in Sessions Case No.105 of 2008 by the learned Additional Sessions Judge, Fast Track Court No.1, Ahmedabad, has been convicted for the offence punishable under Section 363 etc. of the Indian Penal Code and sentenced RI for 10 years, has filed this application through jail authority, praying to enlarge him on temporary bail for a period of 30 days, to enable him to get medical treatment from the doctor of his choice for the purpose of cataract surgery of his right eye.4. We have heard Mr. RC Kodekar, learned APP for the respondent State of Gujarat and perused the certificate dated 15.1.2011 issued by the Medical Officer, Central Jail Dispensary, Ahmedabad so also the jail remark s...
Venkatesprasad Shardaprasad Tiwari. Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-21-2011
1. This application is filed under Section 439 of the Code of Criminal Procedure in connection with first information report registered at CR No.I 136/2010 with Athwalines Police Station, Surat for the offences punishable under Sections 406, 420, 467, 468, 471, 120-B, 114 of the Indian Penal Code.2. Learned counsel appearing for the applicants submits that charge sheet is filed. He further submits that the applicant has roots in the society, will not flee from justice and will cooperate with the investigation as and when called for. It is further submitted that considering the allegations levelled against the applicant and role attributed to him and other attending circumstances, the applicant may be enlarged on 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 al...
State of Gujarat. Vs. Jagjibhai Punjabhai Charel.
Court: Gujarat
Decided on: Jan-21-2011
1. By filing instant application under Section-5 of the Limitation Act, 1963 ("the Act" for short), the applicant State of Gujarat, has prayed to condone delay of 119 days caused in filing the above numbered Criminal Appeal.2. Having considered the submission advanced by Mr. L.B. Dabhi, learned APP for the respondent State of Gujarat and a perusal of the averments made in the application, which have remained uncontroverted as respondent though served, has elected not to remain present before the Court, and also considering the celebrated principles governing the discretionary exercise of power conferred under Section-5 of the Act so also the reported decisions of the Supreme Court construing Section-5 of the Act liberally, we are satisfied that the applicant State of Gujarat has shown sufficient cause for the delay caused in filing the above numbered criminal appeal.3. In the aforesaid view of the matter, since the applicant has sufficiently explained the delay caused in filing the abo...
Savgadh Gram Panchayat. Vs. Uttar Gujarat Vij Company Ltd (Ugvcl).
Court: Gujarat
Decided on: Jan-20-2011
1. This appeal is directed against the judgement and order dated 25.11.2008 passed below Ex. 1 in Civil Misc. Application No. 47 of 2008 by Additional District Judge, Sabarkantha at Himmatnagar rejecting the application for condo nation of delay.2. The facts in brief as per the respondent company is that the checking squad of the respondent company carried out a raid and found that the electric motor of 5 H.P has been connected illegally on the bore well constructed besides the house of Noorbhai Bavan and thereby committed theft of electricity. The respondent company after following due procedure issued bill of theft of Rs. 1,19,346.23 ps to the petitioner Panchayat. 3. Due to non-payment of dues by the panchayat, Regular Civil Suit No. 1/2000 (old) and Regular Civil Suit No. 148/2005 (new) was instituted by the respondent company which was allowed. Being aggrieved by the said order, the petitioner Panchayat preferred appeal being Civil Misc. Application No. 47/2008 before the District...
Sudhaben Laxamanbhai Chaudhri. Vs. State of Gujarat Through Secretary ...
Court: Gujarat
Decided on: Jan-20-2011
1. Notice. Mr.Maulik G. Nanavati, learned Assistant Government Pleader waives service of Notice for respondent No.1.2. This petition under Article 226 of the Constitution of India has been filed, with the following prayers :"This Honourable Court may be pleased to issue a writ of mandamus or any other writ, order or direction :A) Directing the Respondents to apply the judgment dt.18.2.2010 passed in Special Civil Application No.324 of 2010 in the case of the petitioner and grant 1^st higher grade scale to the petitioner from 20.8.1991 i.e. after completion of 9 years of service from the date of appointment instead of 28.11.1996 and grant her consequential benefits accordingly.B) During the pendency and final disposal of this petition, the Respondents may be directed to reconsider the case of the petitioner for grant of higher grade scale w.e.f. 20.8.1991 in light of the judgment dt.18.2.2010 passed in Special Civil Application No.324 of 2010.C) To grant such and further relief as may b...
Gujarat State Cooperative Union and anr. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jan-20-2011
1. Present appeal under Clause 15 of Letters Patent is directed against the judgment dated 24.06.2008, whereby the learned Single Judge has rejected the writ petition preferred by present appellants against the order dated 13.03.2000 passed by respondent No.2-the Registrar, Cooperative Societies directing the petitioners to deposit a sum of Rs.44.60 lacs towards the principal amount of loan and to also deposit a sum of Rs.81,04,175/- towards interest as per the conditions contained in the resolution dated 19.11.1991. The amount payable towards principal amount was modified/corrected to Rs.71 lacs vide the order dated 31.03.2000. The said order dated 31.3.2000 also was challenged.1.1 Heard Mr.Mihir Joshi, learned Senior Counsel who has appeared with Mr.S.N.Thakkar, learned advocate for the appellants-petitioners and Mr.U.A. Trivedi, learned Additional Government Pleader who has appeared for the respondents. Having regard to the rival contentions, Rule. Mr. Trivedi, learned Additional Go...
Kanabhai Govindbhai Karmur. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jan-20-2011
1. Petitioner is husband of respondent No.2. By the impugned order dated 9^th September 2010, passed by the Family Court, Junagadh, the petitioner has been directed to pay maintenance of Rs.3,000/- per month to his wife. It is not in dispute that the petitioner is employed as a teacher.2. The court below assessed his income at Rs.15,000/- per month on the basis of evidence suggesting that he was previously drawing salary of Rs.9200/- per month. Resultantly, direction for payment of maintenance of Rs.3,000/- came to be issued.3. Counsel for the petitioner submitted that the assessment of income of Rs.15,000/- per month was erroneous. The petitioner has liability in the form of house rent and to look after his aged mother. He further submitted that the wife is qualified to be a teacher. He, however, fairly conceded that the petitioner is currently drawing salary of approximately Rs.13,000/- per month.4. Even if the assessment of the court below of income of the petitioner at Rs.15,000/- ...
Sengutuvan Balsundaram Naydu. Vs. State of Gujarat
Court: Gujarat
Decided on: Jan-20-2011
1. The present application has been filed by the applicant-accused under Section 439 of Criminal Procedure Code for regular bail after filing of the charge sheet.2. The applicant accused is charged with having committed offences under Sections 409, 465, 467, 471 and 114 of the Indian Penal Code, for which, FIR being I-C.R.No.74/2010 has been lodged at Vadodara Railway Police Station.3. Learned counsel, Mr.Nayan Parekh for the applicant has argued the matter for some time and made alternate submission with regard to depositing some amount without prejudice to his rights and contentions. He has also submitted that his client will deposit Rs.3.00 lacs, for which, five weeks may be granted.4. Learned A.P.P., Mr.Pandya resisted the present application.5. As the alternate submission has been made, considering the contention with regard to the role and manner in which the offence is alleged to have been committed, the Court is of the opinion that the present application deserves to be allowed...
Lalitaben Jamsibhai Chaudhry. Vs. State of Gujarat Through Secretary a ...
Court: Gujarat
Decided on: Jan-20-2011
1. Notice. Mr.Maulik G. Nanavati, learned Assistant Government Pleader waives service of Notice for respondent No.1.2. This petition under Article 226 of the Constitution of India has been filed, with the following prayers:"This Honourable Court may be pleased to issue a writ of mandamus or any other writ, order or direction:A) Directing the Respondents to apply the judgment dt.18.2.2010 passed in Special Civil Application No.324 of 2010 in the case of the petitioner and grant 1^st higher grade scale to the petitioner from 27.8.1991 i.e. after completion of 9 years of service from the date of appointment instead of 28.2.1995 and grant her consequential benefits accordingly.B) During the pendency and final disposal of this petition, the Respondents may be directed to reconsider the case of the petitioner for grant of higher grade scale w.e.f. 27.8.1991 in light of the judgment dt.18.2.2010 passed in Special Civil Application No.324 of 2010.C) To grant such and further relief as may b e ...
Amrish Narendrabhai Patel. Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-20-2011
1. Learned Counsel for the petitioner submitted that the petitioner was called as a witness in Naroda Gam Case, at the instance of the S.I.T.. After his examination-in-chief was recorded, during the course of his cross-examination, at the hands of the advocate of the accused, a demand for supply of an application, jointly supplied by the petitioner and others, seeking further investigation, under Section-173(8) of the Code of Criminal Procedure, in Naroda Patiya Case, pursuant to post Godhra Riot, was made. 2. Such request was granted by the learned Sessions Judge. His, further, cross-examination is deferred till 24.01.2011. He submitted that there is no provision under the Code of Criminal Procedure under which the Court could have given such a direction.3. In addition, the learned Counsel for S.I.T., appearing on advance copy, submitted that contrary to what was orally contended by the learned Counsel for the accused before the Court below, such an application cannot be treated as a ...
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