Gujarat Court January 2011 Judgments
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Bhalabhai Karsanbhai DhumadA. Vs. the State of Gujarat.
Court: Gujarat
Decided on: Jan-19-2011
1. Rule. Shri. Pandya learned APP waives service of rule for respondent State.2. The learned Special Judge(ACB), Gandhinagar, in his order dated 4.07.2006 has convicted the applicant, original accused No. 3 in Special (ACB) Case No. 14 of 2001 for commission of offences under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988. The applicant is sentenced to undergo Rigorous Imprisonment for a period of one year and to pay fine of Rs.10,000=00, in default thereof, to undergo further Simple Imprisonment for a period period of two months for commission of the offence under Section 7 of the Corruption Act, 1988. The applicant is also sentenced to undergo Rigorous Imprisonment for a period of three years and to pay fine of Rs.10,000=00, in default thereof, to undergo further simple imprisonment for two months for commission of offences under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. The sentences are ordered to run concurrently....
Virappa Hanumant AppA. Vs. the State of Gujarat and anr.
Court: Gujarat
Decided on: Jan-19-2011
1. RULE.2. 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 3.2.2007 rendered in Sessions Case No.91 of 2006 by the learned Additional Sessions Judge, Fast Track Court No.4, Jamnagar, has been convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to imprisonment for life, has filed this application through jail authority, praying for suspension of sentence and to release him on regular bail during the pendency and final hearing of the above numbered Criminal Appeal. Alternatively, it is also prayed to pass appropriate order for expeditious hearing of the Criminal Appeal.5. We have heard Mr.L.B.Dabhi, learned APP for the Respondent State of Gujarat and perused the averments made in the application so also the jail remark she...
Raju Rasikbhai. 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 18.7.2007, rendered in Sessions Case No.28 of 2007, by the learned Additional Sessions Judge, Himatnagar, 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 21 days, to enable him to attend obsequious ceremony of his mother who has died on 21.10.20105. 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 ha...
Ushaben D/O Venabhai Patel. Vs. Pushpendrasinh Vijaysinh Sisodiya and ...
Court: Gujarat
Decided on: Jan-19-2011
1. Present First Appeal under Section 173 of the Motor Vehicles Act has been preferred by the appellant original claimant challenging the impugned judgment and award dated 01.07.2009 passed by the learned Motor Accident Claims Tribunal, Fast Track Court No.2, at Himatnagar, Sabarkantha in M.A.C.P. No.186/2008 insofar as not awarding the full claim as prayed for.2. Shri Suthar, learned advocate appearing on behalf of the appellant has submitted that the Tribunal has materially erred in awarding the future economic loss of Rs.22,440/- only considering the permanent partial disability at 4% only. No other submissions have been made.3. It is to be noted that the appellant produced the certificate of Dr. P.N. Shah at Exh.29 assessing the permanent partial disability body as a whole at 4% only, which was even agreed by the appellant and therefore, considering the above when the learned Tribunal has awarded the future economic loss, it cannot be said that the learned Tribunal has committed an...
Abdul Gafurkhan Aiyubkhan Pathan. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jan-19-2011
1. The petitioner-detenu has filed this petition challenging the order of detention dated 26.12.2005 passed by District Magistrate, Bharuch City under the provisions of sub-Section (2) of Section 3 of the Gujarat Prevention of Anti-social Activities Act, 1985 (hereinafter referred to as the 'PASA Act').2. Learned Advocate for the petitioner has invited my attention to the order of detention dated 26.12.2005 by which petitioner-detenu was arrested and sent to District Jail, Jamnagar as well as to the grounds supplied by the detaining authority, therein. As the ground of detention, one criminal case is shown as registered against the petitioner-detenu being C.R. No.1190/05 dated 06.12.2005 at Jaghdia police station, Dist. Bharuch punishable under Section 66B, 65A,E, 116(B) and 81 of the Bombay Prohibition Act. In connection with the said offence the authority seized 3502 bottles of English liquor and beer with other things, in all valued at Rs.18,11,950/-.2.1 He has further submitted tha...
Mukesh Mohanbhai. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Jan-19-2011
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 31.12.2007 rendered in Sessions Case No.81 of 2005 by the learned Additional Sessions Judge, Fast Track Court No.2, Junagadh has been convicted for the offence punishable under Sections 489(A), 489(B) and 489(C) of the Indian Penal Code and sentenced to imprisonment of life, has filed this application through jail authority, praying to enlarge him on temporary bail for a period of 60 days, to enable him to get the treatment of his ailing mother who is suffering from heart disease.4. We have gone through the application and the supporting documents that form part of the application and have considered the submissions advanced by Mr. RC Kodekar, learned Public Prosecutor for the respondent State of Guj...
Avsar Keshubhai. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Jan-19-2011
1. RULE. Mr. R.C.Kodekar, learned APP appears and 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, vide judgment and order dated 3.3.2006 rendered in Sessions Case No. 16 of 2005 by the learned Additional Sessions Judge, Dhrangadhra has been convicted for the offence punishable under Section 304 Part-I of the Indian Penal Code and sentenced to suffer 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 reconstruct his house.4. We have considered the submissions advanced by Mr.R.C.Kodemar, learned APP for the Respondent State of Gujarat and perused the averments made in the application so also the jail remark sheet forwarded by the jail authority along with the application.5. Upon perusal of the jail remark sheet, we have noticed that t...
Gopalji Sursangji. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Jan-19-2011
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 30.11.2007 rendered in Sessions Case No.69 of 2007 by the learned Additional Sessions Judge, Fast Track Court No.4, Mehsana has been convicted for the offence punishable under Section 304(B) 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 construct the house for his daughter-in-law and also to render financial assistance to his family members.4. We have heard Mr. LB Dabhi, learned APP for the respondent State of Gujarat and perused the averments made in the application so also the jail remark sheet and the earlier order dated 30.4.2010 rendered in Criminal ...
Reserve Bank of IndiA. Vs. Shree Chem Intermidiates and ors.
Court: Gujarat
Decided on: Jan-19-2011
1. This application is filed by the Reserve Bank of India for modification of the order dated 24.12.2003 in Special Civil Application No.15248 of 2003.2. Special Civil Application No.15248 of 2003 was filed by one of the borrowers of Madhavpura Mercantile Cooperative Bank Ltd. (hereinafter referred to as ?Sthe Bank?? or ?Sthe MMCB??) for a writ of mandamus to direct the Reserve Bank of India to frame a scheme for one time settlement of dues of the MMCB taking into account the representations of and/or on behalf of the petitioners and other borrowers. The petitioners had also challenged the circular dated 28.8.2003 issued by the Registrar of Cooperative Societies by which the Bank was directed to launch criminal prosecutions against defaulting borrowers of the MMCB where the outstanding dues were Rs.10 lakhs and above. The following order was passed in the said petition on 24.12.2003:-Heard the learned counsel for the parties.As regards the grievance made on behalf of the petitioners re...
Katiyabhai Nevabhai. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Jan-19-2011
1. RULE.2. 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. By filing instant application, the applicant convict prisoner, who, vide judgment and order dated 17.03.2006 rendered in Sessions Case No.112 of 2005 by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court No.1, Dahod, has been convicted for the offence punishable under Section 302 etc. of the Indian Penal Code and sentenced to imprisonment for life, has prayed to enlarge him on temporary bail for a period of 30 days to enable him to repair his house and render financial assistance to his family members.5. Having considered the submissions 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 remark sheet forwarded by the jail authority along with the app...
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