Gujarat Court January 2011 Judgments
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Dinesh Manjibhai Bhabhorand ors. Vs. Bhavjibhai Deepabhai Ninama and a ...
Court: Gujarat
Decided on: Jan-20-2011
1. Petitioners are the original accused. They seek quashing of the complaint at "ANNEXURE-A", bearing M. Case No.3 of 2010, registered with Fatehpura Police Station, District : Dahod, for the offences punishable under Section-366 read with Section-114 of the Indian Penal Code.2. Complainant is the father of one Kantaben. He has alleged that the petitioner No.1 had, on 11.05.2010, enticed his daughter and runaway with her, in order to get marry. Petitioner Nos. 2 and 3 are the father and mother of petitioner No.1, respectively. It is alleged that petitioner No.1 is a married person and also has children from the first marriage.3. It is not in dispute that the daughter of the complainant was, at the relevant point of time, aged about 19 years. Her date of birth, as per the school record, is shown to be 10.06.1991. The petitioners have also produced the certificate of marriage between petitioner No.1 and Kantaben, dated 07.07.2010. It is not even the case of the complainant that his daugh...
Gajendrasinh. Vs. Torgun Corporation and anr.
Court: Gujarat
Decided on: Jan-20-2011
1. Heard learned counsel for the parties.2. The applicant has preferred this application with a prayer to supply the documents in original produced before this court at Exhibits A, B & C in Admiralty Suit No.3 of 2008 filed by the plaintiff in which oral order dated 28.02.2008 is passed by this court arresting the defendant vessel.3. Mr PS Champaneri, learned ASG appearing with Mr. YV Vaghela learned counsel for the applicant submits that with regard to subject matter of the suit, FIR No.308/2008 is filed with the Kalkaji Police Station under Section 154 of the Code of Criminal Procedure by Shri Pravinkumar Solanki as a Power of Attorney of Hi-Tos Liner Agency Pvt. Ltd., 415, Ansal owner, Nehru Place, New Delhi. Mr. Champaneri further submitted that learned Additional Chief Metropolitan Magistrate, Delhi passed order directing the Investigating Officer of the said FIR to complete the investigation and to take requisite steps for getting certain documents, as stated herein above, which ...
Ruviben Vanabhai Chaudhri. Vs. State of Gujarat Through Secretary and ...
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 27.6.1988 i.e. after completion of 9 years of service from the date of appointment instead of 11.11.1993 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. 27.6.1988 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...
icici Lombard General Insurance Co Ltd. Vs. Jentibhai Kanabhai Makwana ...
Court: Gujarat
Decided on: Jan-20-2011
1. Present First Appeal arises out of the impugned order dated 17/09/2010 passed by learned Motor Accident Claims Tribunal (Auxi.), Additional District Judge, Rajkot in Exh.7 application in M.A.C.P. No.1416/2009 awarding Rs.25,000/- to the original claimants by way of interim compensation under Section 140 of the Motor Vehicles Act for No Fault Liability.2. Having heard Mr. Nanavaty, learned advocate appearing on behalf of the appellant - original Opponent No.2, as the impugned order is passed under Section 140 of the Motor Vehicles Act, the same is not entertained. However, it is observed that the same shall be without prejudice to the rights and contentions of the respective parties in the main claim petition and all the defences and contentions, which are available to the respective parties are kept open and the same shall be considered by the Tribunal while deciding the main claim petition. 3. However, as far as the amount deposited by the appellant as per the order passed by the T...
Ritaben Bhagyeshkumar Thakkar and anr. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Jan-20-2011
1. Petitioner No.1 is wife and petitioner No.2 is daughter of respondent No.2. They had preferred application for maintenance under section 125 of the Criminal Procedure Code before the competent court. Learned Judge, Family Court, Vadodara granted graded maintenance in following terms:From the date of application till August 2000 = Rs.500/- per claimant.From September 2000 to 26^th January 2010 = Rs.1000/- per claimant.From 27.1.2010 onwards = Rs.3,500/- per month for each claimant.Petitioners are before this Court seeking further enhancement.2. Before adverting to the material on record and the rival contentions, it may be noted that the husband is also paying interim maintenance of Rs.2750/- per month between the petitioners in HMP Suit separately filed. This is in addition to the maintenance awarded by the Family Court under section 125 of the Criminal Procedure Code.3. Husband is admittedly employed as Principal in a school run by the Gujarat Electricity Board. He admitted his sal...
State of Gujarat. Vs.
Court: Gujarat
Decided on: Jan-20-2011
1. In this petition filed jointly by the State and the Special Investigation Team, petitioners have challenged an order dated 11^th October 2010 passed by the learned Additional Sessions Judge in Sessions Case No.152 of 2002. The Sessions trial pertains to post-Godhra riots at Gulbarg Society, Ahmedabad where several people lost their lives. During the course of the trial, the prosecution had examined one Ashish Khaitan, PW 313 at Ex.1091. He was at the relevant time, working as reporter of one Tehelka News Magazine. He had allegedly carried out sting operation on some of the accused involved in the said Sessions Case wherein before the camera they had allegedly made certain voluntary disclosures which would have bearing on their involvement in the said case.2. Later on, the prosecution filed application Ex.1457 on 11.10.2010 before the Sessions Court and prayed that the said prosecution witness No.313 be recalled under section 311 of the Criminal Procedure Code for further examination...
Devyaniben Navnitrai ShuklA. Vs. State of Gujarat Through Secretary an ...
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 16.10.1985 i.e. after completion of 9 years of service from the date of appointment instead of 11.11.1993 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. 16.10.1985 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...
Taramatiben Nanubhai Patel. Vs. State of Gujarat Through Secretary and ...
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 1.4.1994 i.e. after completion of 9 years of service from the date of appointment instead of 28.2.2001 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. 1.4.1994 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 ...
Teraiya Hemangi Vajubhai. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jan-20-2011
1. This application has been filed by the applicant with a prayer to permit her to be joined as respondent No.3 in Special Civil Application No.8616/2010.2. Heard Mr.Tulshi R. Savani, learned counsel for the applicant and Mr.K.B.Pujara, learned counsel for respondent No.3 (original petitioner) and Mr.Maulik G. Nanavati, learned Assistant Government Pleader for respondent No.1.3. It is submitted by the learned counsel for the applicant that the applicant has been selected for appointment to the post of Lecturer in the subject of Physical Education in the District Institute of Educational Training (D.I.E.T.) under the Gujarat Council for Educational Research and Training (G.C.E.R.T). That by order dated 4.10.2010 passed in Special Civil Application No.8616/2010, this Court has granted ad-interim relief in favour of the petitioner and the respondents have been restrained from undertaking an exercise of giving selection/ place of posting to the candidates for being appointed as Lecturers i...
Pathan Sallemkhan Ramzankhan. 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 8C, 20B and 29 of the N.D.P.S. Act, for which, FIR being II-C.R.No.166/2010 has been lodged at Vijapur Police Station.3. Learned counsel, Mr.Japee for the applicant-accused referred to the papers and submitted that though the offence is under the N.D.P.S. Act, the papers reveal that he had only hired rickshaw, in which the main accused carried the contrabands articles. He further submitted that the applicant is not one of the two accused, who had escaped from the rickshaw. He, therefore, submitted that the present application may be allowed.4. Learned A.P.P., Mr.Pandya resisted the present application.5. Having heard learned counsel, Mr.Jappe appearing for the applicant-accused and learned A.P.P., Mr.Pandya for the State and having considered the...
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