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Gujarat Court January 2011 Judgments

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Jan 31 2011

Razak Musha Gandhar, Thro' Hajraben Ibrahimbhai Gandhar. vs. State of ...

Court: Gujarat

Decided on: Jan-31-2011

1. Having regard to the facts of the case, the application is taken up for hearing today.2. The applicant convict prisoner, who by judgment and order dated 15.05.2008 rendered in Sessions Case No.82 of 2005 by the learned Additional Sessions Judge, Fast Track Court No.1, Jamnagar at Khambhalia, has been convicted for the offences punishable under Section 302, 120-B, 143, 149 and 147 etc. of the Indian Penal Code and sentenced to RI for life, has filed this application through his aunt, praying to enlarge him on temporary bail for a period of 4 weeks to enable him to attend the after death ceremony of his mother Hanifabibi, who has died on 24.12.2010.3. We have gone through the application and the supporting document i.e. death certificate of the mother of the applicant that form part of the application and have considered the submissions advanced by Mr. Aftabhusen Ansari, learned advocate for the applicant and Mr.L. B. Dabhi, learned Public Prosecutor for the respondent State of Gujara...


Jan 31 2011

Vinoddas Sibudas. Vs. State of Gujarat and anr.

Court: Gujarat

Decided on: Jan-31-2011

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 20.12.2007 rendered in Sessions Case No.80 of 2007 by the learned Additional Sessions Judge, Bharuch, has been convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced imprisonment of life, has filed this application through jail authority, praying to enlarge him on temporary bail for a period of 60 days, to get the treatment of the doctor of his own choice as he is suffering from the aliment of piles and old pulmonary koch's.4. Having heard Mr. RC Kodekar, learned APP for the respondent State of Gujarat and upon perusal of the averments made in the application so also the jail remark sheet as well as the certificate dated 20.1.2011, we have noticed that the appl...


Jan 31 2011

Parsottambhai Madhubhai Patel State of Gujarat and Anr.Thro'Kantaben P ...

Court: Gujarat

Decided on: Jan-31-2011

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 15.2.2008, rendered in Sessions Case No. 195 of 2001, by the learned Additional Sessions Judge, Fast Track Court No.2, Amreli, 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 his wife -Kantaben Parshottambhai Patel, praying to enlarge him on temporary bail, for a period of 60 days, to enable him to get it repaired his house, which has become dilapidated.5. We have considered the submission made by Mr. R.C. Kodekar, learned APP for the respondent State of Gujarat. We have also perused the averments made in the application and the supporting document that form part of the application. We ...


Jan 31 2011

Raysing Pahadsing Gohil. Vs. State of Gujarat and anr.

Court: Gujarat

Decided on: Jan-31-2011

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 29.01.2010 rendered in Sessions Case No. 1 of 2008 by the learned Additional Sessions Judge, Bharuch, has been convicted for the offence punishable under Section 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 to enable him to find out suitable match for his daughter who has reached to a marriageable age.5. We have considered the submissions advanced by 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 forwarded by the jail authority along with the application.6. Upon p...


Jan 31 2011

Vallabhbhai Arjanbhai Anaghan. Vs. State of Gujarat.

Court: Gujarat

Decided on: Jan-31-2011

1. RULE. Learned APP, waives service of notice of rule on behalf of the respondent-State. The petitioner, by way of this petition, seeks anticipatory bail in connection with the complaint, bearing C.R. No. I-162/10, filed before Varachha Police Station, Surat for the offences punishable under Sections 406, 420, 467, 468, 471, 34 read with Sections 120(B) and 114 of the Indian Penal Code.2. The learned Counsel for the petitioner submitted that the petitioner is not the signatory of the cheque, allegedly issued by his brother for the payment of purchase of machinery from the complainant. She, further, submitted that, under the circumstances, the offences of cheating, misappropriation and fabrication of document cannot be levelled against the petitioner.3. I have perused the contents of the complaint, prima facie, considering the same and also the fact that the petitioner has no other criminal antecedents, it is ordered that in the event of arrest of the petitioner, in connection with C.R...


Jan 31 2011

Commissioner of Police and ors. Vs. Faruk Ibrahim Shangar.

Court: Gujarat

Decided on: Jan-31-2011

1. The appellants original respondents have filed this Letters Patent Appeal under Clause 15 of the Letters Patent challenging the judgment and order passed by the Learned Single Judge of this Court on 23.01.2001 in Special Civil Application No.10274 of 2000 quashing and setting aside the detention order dated 08.09.2000 passed by the Commissioner of Police Surat City, Surat under the provisions of the Prevention of Anti Social Activities Act, 1985 and also awarding compensatory cost of Rs.10,000/- to the petitioner and further directing the State Government to hold an inquiry through the Chief Secretary in the matter and whosoever was found responsible for not filing the reply in the matter, in the said inquiry, the said amount of cost was to be recovered from him.2. The appellants have also filed Civil Application No.8281 of 2001 praying for stay of operation, implementation and execution of the order passed by the Learned Single Judge in Special Civil Application No.10274 of 2000 on...


Jan 31 2011

Ajay @ Gajo Ashvinbhai. Vs. State of Gujarat.

Court: Gujarat

Decided on: Jan-31-2011

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 20.10.2008 rendered in Special (Atro) Case No.13 of 2008 by the learned Additional Sessions Judge, Bharuch, has been convicted for the offence punishable under Section 376(G) etc. of the Indian Penal Code and sentenced imprisonment of 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.4. Having heard Mr. RC Kodekar, learned APP for the respondent State of Gujarat and upon perusal of the averments made in the application so also the jail remark sheet, no case is made out for grant of temporary bail to the applicant. Therefore, the application lacks merit and deser...


Jan 31 2011

icici Lombard General Insurance Co Ltd. Vs. Sanjaybhai K PipaliyA.

Court: Gujarat

Decided on: Jan-31-2011

1. Present First Appeal arise out of the impugned judgment and order dated 15.12.2010 passed by the learned Motor Accidents Claims Tribunal (Main), Rajkot passed below Exh. 7 in MACP No.1027 of 2007 awarding Rs.25,000/- to the original claimant by way of interim compensation under Section 140 of the Motor Vehicles Act and exonerated original opponent no.4 Reliance General Insurance Company Limited at this stage.2. Having heard learned advocate Shri Nanavati, learned advocate for the appellant-original opponent no.4, as the impugned order is passed under Section 140 of the Motor Vehicles Act, the same is not entertained.3. 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. 4. So far as the amount to be depos...


Jan 31 2011

Babu Laljibhai. Vs. State of Gujarat and anr.

Court: Gujarat

Decided on: Jan-31-2011

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 11.03.2008 rendered in Sessions Case No. 68 of 2005 by the learned Additional Sessions Judge, Fast Track Court No.1, Jamnagar at Khambalia, 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 to enlarge him on temporary bail for a period of 30 days to enable him to find out a suitable match for his daughter who has reached to a marriageable age.5. We have considered the submissions advanced by 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 sheet forwarded by the jail authority along ...


Jan 31 2011

Suresh Dhirabhai. Vs. State of Gujarat.

Court: Gujarat

Decided on: Jan-31-2011

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 30.11.2005 rendered in Sessions Case No.82 of 2005 by the learned Additional Sessions Judge, Dahod, has been convicted for the offence punishable under Section 302 etc. of the Indian Penal Code and sentenced 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 repair his house, which is in dilapidated condition.4. Having heard Mr. RC Kodekar, learned APP for the respondent State of Gujarat and upon perusal of the averments made in the application so also the jail remark sheet, no case is made out for grant of temporary bail to the applicant. Therefore, the application lacks merit and deserves to be...


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