Gujarat Court January 2011 Judgments
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Ahmedabad Municipal Corpn and anr. Vs. Pravinkant Balkrishna Thaker an ...
Court: Gujarat
Decided on: Jan-19-2011
1. In the present petition the petitioners have challenged an order dated 27th June, 2003 passed by the Gujarat Affiliated Colleges Service Tribunal in Application No.17/1997.2. The respondent no.1 herein was employed by the petitioners as Junior Technician. Respondent No.1 had approached the Tribunal by filing Application No.17/1997 preliminary contending that as per Ordinance No.172 of the Gujarat University, age of retirement in his case should be 60 years. It was also the case of respondent no.1 that the petitioners have adopted the said ordinance and accordingly he should not be made to retire before crossing the age of 60 years.3. Respondent no.1 before the Tribunal was successful in getting interim injunction against his retirement at the age of 58 years. During the pendency of the application before the Tribunal he also crossed 60 years and had, therefore retired from service. The Tribunal while taking up the application for final hearing found that the issues have become infru...
Vaghari Naranbhai Govabhai. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Jan-19-2011
1. Petitioner has challenged the order dated 22.3.2010 passed by the learned Additional Sessions Judge, Patan by which his revision application came to be dismissed confirming the order dated 16.1.2009 passed by learned JMFC, Radhanpur by which he was ordered to pay Rs.800/- per month as maintenance to the respondent No.2.2. Shortly, facts are as follows :-2.1 The petitioner and respondent No.2 were married many years back. However, there were disputes between the parties. Respondent No.2 started residing separately. She was granted maintenance of Rs.50/- per month. Sometime in the year 1980 the petitioner and respondent No.2 entered into an agreement dated 22.6.2000, which can be termed as a divorce deed. It was stated that in future the wife will not claim any maintenance from the husband.2.2 Many years later, respondent No.2 approached the learned Magistrate by filing Criminal Miscellaneous Application No.5 of 2005 under Section 127 of the Criminal Procedure Code and requested that ...
Asst. Collector of Custom. Vs. Allana Jasub Ker and anr.
Court: Gujarat
Decided on: Jan-19-2011
1. This is an Appeal preferred under Section 378 CrPC by the complainant - Assistant Collector [Customs], Bhuj against the judgment and order dated 19^th May, 1988 of acquittal of the accused recorded by the Judicial Magistrate, First Class, Bhuj in Criminal Case No. 566 of 1986.2. The complainant - Assistant Collector [Customs], Bhuj lodged complaint against the accused (six in number) for offence punishable under Section 135 of the Customs Act, 1962 [hereinafter referred to as, ?Sthe Act??]. According to the complainant, pursuant to the information received, the Customs Department had, on 12^th November, 1984, raided the house in possession of the accused No.1 and had seized a quantity of 'Charas' (a contraband narcotic drug). On further investigation on 15^th November, 1984 the complainant seized 4 kilograms of charas from the jungle near village Sukhpar. Pursuant to the said seizure, the statement as envisaged by Section 108 of the Act of the accused No.1 was recorded on 16^th Nove...
Najir Mohd. Ahmed Bapu. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Jan-19-2011
1. RULE2. Mr. L.B. Dabhi, learned APP appears and waives service of notice of Rule on behalf of the respondent State of Gujarat.3. Having regard to the facts of the case, the application is taken up for hearing today.4. The applicant - convict prisoner, who vide judgment and order dated 26.2.2010, rendered in Sessions Case No. 101 of 2008, by the Additional Sessions Judge, Bharuch, has been convicted for the offences punishable under Section 302 etc. of the Indian Penal Code and sentenced to undergo imprisonment for life, has filed this Application, through jail authority, praying to enlarge him on temporary bail, for a period of 30 days, to enable him to render financial assistance to his family members.5. 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 so also the jail remarks sheet forwarded by the Jail Authority along with the application, we have noticed that the app...
Prakash Kanubhai Shah. Vs. Official Liquidator and ors.
Court: Gujarat
Decided on: Jan-19-2011
1. This application is thoroughly misconceived on the part of the applicant, who has agitated and re-agitated time and again similar grievance by filing various applications on earlier occasions.2. This Company Application No.312 of 2006 is preferred with a prayer that proper investigation be ordered qua inquiry pending before the Police Department and also Chamber Summons to be issued for the amount misappropriated by the respondent No.4, who is Ex-Official Liquidator and is required to be investigated . He has further prayed for holding inquiry with regard to the theft etc. committed at the premise of the company in liquidation.3. This is a classic case of abuses of the process of the Law and Court, when the party in-person is allowed to appear and participate in the proceedings before the Court, it will be futile to repeat the recording of the facts, decided by the learned Company Judge in the order dated 12^th July 2006 in Company Application No.2 of 2005 in Company Application No....
Union of IndiA. Vs. Silver Cotton Mills Co Ltd.
Court: Gujarat
Decided on: Jan-19-2011
1. Present appeal has been filed by the appellant original-defendant challenging the judgment and decree dated 3.3.1984 passed by the learned Judge, City Civil Court at Ahmedabad in partly decreeing the Civil Suit No. 185 of 1982 and directing the appellant original-defendant to pay Rs. 10,000 deposited by the plaintiff with the appellant herein original-defendant vide Chalan No. 795 dated 12^th August 1949. The defendant herein original-plaintiff, who was a Public Limited Company registered under the Companies Act, 1956, manufacturing cotton fabrics had executed B-II Bond as required under the Central Excise Rules for a sum of Rs. 10,000 and the said amount was deposited by the plaintiff under Chalan No. 795 dated 12^th August 1949. 2. All throughout upto 1976 the defendant's officers went on issuing certificate at the end of every year showing that the said amount is lying deposited with the Government of India. By letter dated 23^rd January 1978 the plaintiff requested for certifica...
Prakashbhai I.Dhamalia. vs. Dakshin Gujarat Vij Co.Ltd. Thr' Dy.Engine ...
Court: Gujarat
Decided on: Jan-19-2011
1. On 19.6.2006, it was complained to this Court that respondent No.2- Assistant Electrical Inspector Shri R.B. Desai refused to accept the process of this Court, which was tendered to him on 13.3.2006, by saying that the process can be served only through the bailiff of the Court and not by a private party. The Court permitted the petitioner to join Shri R.B. Desai in his personal capacity as respondent No.3. Notice was served. Learned advocate Mr. Adeshra appears for respondent No.3 and has filed the affidavit-in-reply.2. Having gone through para 2 of the affidavit-in-reply filed by respondent No.3- Shri R.B. Desai, the notice issued to respondent No.3 is discharged.3. Present is the petition filed by the petitioner complaining that the appellate authority, i.e. Assistant Electrical Inspector, has not taken into consideration the various contentions raised in the appeal memo. The learned advocate appearing for the petitioner submitted that the order rendered by the appellate authorit...
Bahadursinh @ Darbar Bhikhubhai. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Jan-19-2011
1. RULE.2. Mr. R.C. Kodekar, learned APP, appears and waives service of notice of Rule on behalf of the respondent State of Gujarat.3. Having regard to the facts of the case, the application is taken up for hearing today.4. The applicant-convict prisoner, who vide judgment and order dated 7.5.2010, rendered in Sessions Case No.97 of 2009, by the learned Additional Sessions Judge, Kheda, has been convicted for the offences punishable under Sections 302 etc, of the Indian Penal Code and sentenced to imprisonment for life, has filed this Application, through jail authority, praying to enlarge him on temporary bail, for a period of 30 days, for the purpose of entering his name in the mutation register as successor of his father.5. Having considered the submission advanced by Mr. R.C. Kodekar, learned APP for the respondent State of Gujarat and a perusal of the averments made in the application so also the jail remarks sheet forwarded by the jail authority along with the application, we hav...
Manaji Sukhaji Thakor, Thro'Tapan Manaji Thakor. vs. State of Gujarat ...
Court: Gujarat
Decided on: Jan-19-2011
1. The applicant convict prisoner, who, vide judgment and order dated 20.6.2009 rendered in Sessions Case No. 23 of 2008 by the learned Additional Sessions Judge, Fast Track Court No.2, Gandhinagar, has been convicted for the offence punishable under Sections 489B of the Indian Penal Code and sentenced to suffer RI for 10 years, has prayed to enlarge him on temporary bail for a period of 15 days to enable him to perform betrothal ceremony of his son, which is scheduled on 21.1.2011.2. We have considered the submissions advanced by Ms. Sajnika Patel, learned Advocate for the Applicant convict and Mr.R.C.Kodekar, learned APP for the Respondent State of Gujarat and perused the averments made in the application so also the jail remark sheet submitted by learned APP.3. Upon perusal of the jail remark sheet, we have noticed that the applicant has undergone total period of 2 years, 9 months and 10 days of imprisonment and during the said period he has not availed any temporary bail. However, ...
Ajendraprasad Narendraprasad Pande. Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-19-2011
1. Rule The applicant, by filing this application under sec. 438 of Criminal Procedure Code (hereinafter referred to as ?SCode?? for short)has sought pre-arrest bail as he is apprehending his arrest in connection with the offence registered as I CR NO. 5/2005 at DCB Police Station, Ahmedabad for the offences punishable under sec. 292, 294, 295, 420 and 120B of IPC, sec. 5 & 9 of the Immoral Traffic (Prevention) Act and sec. 67 of Information Technology Act.2. The facts emerging from the record of the case, are as under:3. On 15.2.2005, a complaint was lodged by Shri Bharatkumar Amrutlal, PSI, Crime Branch, Ahmedabad before DCB Police Station, Ahmedabad against one Bhanubhai @ Bhanubhagat Nanjibhai Patel and nine others for the alleged commission of offences punishable under sec. 292, 294, 295, 120-B and 420 of IPC and under sec. 5 & 9 of the Immoral Traffic (Prevention) Act, and under sec. 67 of Information Technology Act alleging that accused persons hatched a criminal conspiracy for ...
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