Gujarat Court January 2011 Judgments
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Premilaben Gunvantsinh Parmar. 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 17.5.1989 i.e. after completion of 9 years of service from the date of appointment instead of 1.8.2008 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. 17.5.1989 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...
Vijaybhai Rameshbhai Bhil Alias Dorado and anr. Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-20-2011
1. Rule. Learned APP, Mr.D.C.Sejpal, waives service of rule on behalf of respondent-State.2. Counsel for the petitioners submitted that the petitioners have no criminal antecedents. The complaint prima-facie would not involve the petitioners for offence punishable under Section 306 of Indian Penal Code.3. Without expressing any opinion on the submissions made, however, considering the nature of the allegations and the fact that petitioners have no past criminal history, they are ordered to be released on bail in the event of arrest of the applicants in connection with C.R. No.I-297/2010, they shall be released on bail upon furnishing a bond of Rs.10,000/-(Rupees Ten Thousand) each with one surety of like amount to the satisfaction of the lower Court and subject to the following conditions :[A] Shall cooperate with the investigation and make themselves available for interrogation whenever required.[B] Shall remain present at concerned Police Station on 24.1.2011 between 11:00 am to 2:00...
Charpot Alpesh Dhirajlal. Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-20-2011
1. Rule. Mr.Kartik Pandya, learned Additional Public Prosecutor waives service of notice of Rule on behalf of the Respondent State of Gujarat.2. 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.3. The applicant accused is charged with having committed offences under Sections 406, 409, 381, 420, 467, 468, 471, 120(B) and 114 of the Indian Penal Code, for which, FIR being I-C.R.No.44/2010 has been lodged at Fatepura Police Station, District: Dahod.4. Learned counsel, Mr.Japan Dave for the applicant submitted that the applicant is allegedly to have been involved in the irregularity regarding NREGA scheme and forged documents or seal and stamp have been used. However, he submitted that as now the investigation is over and charge sheet is filed, the present application may be allowed.5. Learned A.P.P., Mr.Pandya resisted the present application and submitted that there is a prima-fa...
Vimlaben Ghelabhai Sinhal. 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 20.8.1991 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. 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 ...
Keyur D Shah. Vs. Mehul Gandhi and ors.
Court: Gujarat
Decided on: Jan-20-2011
1. The applicant, a member of the Gujarat Sales Tax Bar Association and Sales Tax Practitioner (hereinafter referred to as the "Association") has preferred present application seeking leave to prefer a Letters Patent Appeal against the common order dated 25.10.2010 passed by the learned Single Judge in the writ petitions being SCA No.11185 of 2010 and SCA No. 7466 of 2010. The applicant has preferred similar application for similar relief in SCA No.7466 of 2010 hence both the applications are decided by common order.2. The fulcrum of the said petitions was election of the Managing Committee (hereinafter referred to as "Committee") of the said Association. The applicant claims that he was elected as President in the election held on 23.9.2010, however subsequently the learned Single Judge passed order dated 25.10.2010, (which is, apparently, a consent order or "ad-invitum" order) in view of which fresh election of the committee of the said Association were to be held under the supervisi...
Manoj Jagannath Brahmbhatt. 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 Railway Police Station, Vadodara.3. Learned counsel, Mr.Shastri 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 in ...
Dhoraji Municipality. Vs. Bahadursinh Natubha Gohil.
Court: Gujarat
Decided on: Jan-20-2011
1. Heard learned Advocate for the petitioner and learned Advocate for the respondent who has filed Caveat in this matter.2. The first party defendant in Reference (LCR) No.22 of 1998 dated 10.11.2010 of Labour Court No.2, Rajkot has approached this Court under Articles 226 and 227 of the Constitution of India and challenging the Order and Award passed by the Presiding Officer, Labour Court No.2, Rajkot by partly allowing the Reference and directing the petitioner to reinstate the workman on his original post without back wages and awarded the cost of Rs.1,000/-.3. The facts in brief leading to the filing of the present petition are required to be set out as under.4. It was the case of the workman that he was working as Pump Operator since November,1988 with petitioner and drawing Rs.1,450/- p.m.. On 20.10.1997 without any rhyme or reason the services of the workman came to be terminated and while terminating the services the provisions of Industrial Disputes Act, 1947 were not complied...
Daxaben Narottambhai 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.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 1.6.1987 as per the order dt.22.11.1991 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. 1.6.1987 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 deemed fit and proper."2. Heard Mr.A.S.Supeh...
ismail Ibrahim Gor Sheth. Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-20-2011
1. The present appellant has preferred this Appeal under Section 374 of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 1.5.2000 passed by the learned Sessions Judge, Bharuch in Sessions Case No.43 of 1992, whereby the learned Sessions Judge has convicted the appellant for the offences punishable under Section 143 of the Indian Penal Code and the learned trial Judge was pleased to sentence the appellant to undergo R.I. for two and half month and to pay a fine of Rs.100/- each, in default, to undergo further R.I. for four months.The brief facts of the prosecution case is as under:2. The allegations levelled against the accused are that on 24.11.1989, the present appellant along with other accused tried to cause disturbance in election of Lok Sabha Seat at village Kavi with a view to see that the election did not go peacefully and committed public tranquillity and in the said incident, two persons namely Amarsing Bhupatbhai and Vinodchandra...
Amitbhai Dineshbhai Thakker (Rupareliya) and anr. Vs. State of Gujarat ...
Court: Gujarat
Decided on: Jan-20-2011
1. Petitioners are the original accused. They seek quashing of complaint at annexure A dated 6.12.2010. The complainant-respondent No.2 has alleged that due to financial crisis, he was compelled to borrow Rs.5 lacs from the petitioners who are doing business of money lending. For such borrowing, he had to pay Rs.15,000/- every month by way of interest at the rate of 3% per month. He could not pay the interest after some time. Accused are therefore threatening him with dire consequences in person as well as through phone calls. 2. He, therefore, filed the impugned complaint alleging offence punishable under the Bombay Money Lenders Act as well as under section 504, 506(2), 507 read with section 114 of the Indian Penal Code.3. Counsel for the petitioners submitted that the petitioners are not in the business of money lending, but they are share brokers. He further submitted that the allegations made in the complaint are false. He drew my attention to copies of bank drafts stated to have ...
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