Gujarat Court January 2011 Judgments
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Rutvi Jitendrakumar PandyA. Vs. State of Gujarat Through Chief Secreta ...
Court: Gujarat
Decided on: Jan-31-2011
1. The present petition under Article 226 of the Constitution of India has been filed with the following prayers:(A) Your Lordships be pleased to admit this Special Civil Application;(B) Your Lordships further be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus quashing and setting aside the impugned corrigendum dated 04/01/'11 and the notification dated 10/01/'11 declaring the respondent no.3 as qualified for the oral interview and that the petitioner as not qualified for the oral interview is illegal, improper, arbitrary, capricious malafide and violative of the principles of natural justice in the facts and the circumstances of the case and in the interest of justice;(C) Your Lordships may further be pleased to declare that the notification dated 14/12/'10 is legal, valid and to be acted upon by the respondents in the facts and the circumstances of the case and in the interest of justice;(D) Pending admission, hearing an...
Dindor Punabhai Kalubhai. Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-28-2011
1. The present application has been filed by the applicant for grant of regular bail under section 439 of Code of Criminal Procedure, 1973, after the charge sheet is filed.2. The applicant is charged with having committed offences under sections 406, 409, 381, 420, 467, 468, 471, 120(b) and 114 of Indian Penal Code, for which, F.I.R. being I-C.R.No.44 of 2010 has been registered with Fatehpura Police Station, Dist.Dahod.3. Learned advocate Mr.Japan Dave for the applicant accused referred to the papers and submitted that as now charge sheet has been filed, on the basis of documentary evidence, present application may be allowed. He submitted applicant is a Sarpanch who is said to have passed on some information. Therefore, considering the role and the fact that charge sheet is filed and when other co-accused has been released, present application may be allowed.4. Learned Additional Public Prosecutor Mr.Kartik Pandya resisted the application and submitted that applicant is attributed wi...
Sitaben Supadiabhai Gamit. Vs. State of Gujarat Through Secretary and ...
Court: Gujarat
Decided on: Jan-28-2011
1. This petition, under Article 226 of the Constitution of India, has been filed with the following prayers:-"10) The petitioner, therefore, prays that this Hon'ble 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.6.8.1999 passed in Special Civil Application no.8181 of 1998 and judgment dt. 18.2.2010 passed in Special Civil Application No.324 of 2010 and in the case of the petitioner and grant 1^st higher grade scale to the petitioner from 29.9.1991 i.e. after completion of 9 years of service from the date of appointment and grant her consequential benefits and further revise her retirement 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. 27.9.1991 in light of the judgment dt.18.2.2010 passed in Special Civil Application No.324 of 2010.C) To grant such a...
Laxmikant Chaturbhai Sidhpura Partner of Messrs Popular. Vs. Copyright ...
Court: Gujarat
Decided on: Jan-28-2011
1. The present application is for interim relief pending the appeal. Considering the larger question as to whether the provisions of section 15[2] of the Copyright Act would be attracted or not, the appeal has been admitted. However, on the aspect of interim relief, it prima-facie appears that the label which is registered by the appellant is deceptively similar to the other label used by the respondent.2. Further the registration is cancelled as back as on 1/12/2009 and under the circumstances when the appeal is pressed for hearing today, such cancellation of the registration has operated throughout and if any interim relief is granted, it may result into allowing the appeal and such relief, as per the settled principles of law, cannot be granted.3. Further in order to avoid multiplicity of proceedings, also the interim relief does not deserve to be granted in amuck has if the registration is put to life, it may attract other consequences in spite of the fact that the registration was...
Keshaji Kalaji Dabhi . Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-28-2011
1. Heard learned advocate Mr Parthiv Bhatt and learned APP Mr Pandya.2. Perused the report submitted by Dhansura Police dated 28.1.2011. It transpires from the report that all possible steps have been taken to trace the corpus.3. It also transpires from the report that an application is made by the corpus to the Police indicating that she was earlier married to one Girishbhai Saibabhai of Lalinamath, Taluka Dhansura. The marriage, ultimately, ended in a divorce before about three years. Thereafter, she came in touch with Bhalabhai Manabhai Dabhi, respondent No.3 herein, and fell in love with him. She left her parents house of her own volition with him on 13.12.2009 and has now married to him on 12.12.2010. The factum of marriage is appropriately registered and certified by competent authority.4. In our view, the Investigating Agency has taken all possible steps and is still continuing the efforts to trace the corpus. No purpose is going to be served by continuing this litigation. Howev...
Chiragbhai Jethabhai BhatiA. Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-28-2011
1. Rule.2. This application is filed under Section 439 of the Code of Criminal Procedure in connection with first information report registered at CR No.I-191 of 2010 with 'B' Division Police Station, for the offences punishable under Sections 306, 498(A) and 114 of the Indian Penal Code.3. Learned counsel appearing for the applicant has referred to the dying declaration of the victim which prima facie reveals that no offence as alleged under section 306 can be attributed to the applicant. It appears to be a case of accident. Considering the above, this application for bail may kindly be granted.4. Since there is no assistance from the learned Public Prosecutor, this Court has relied on the documents and relevant materials shown to the Court and the order passed by the trial court and the statement under Section 32 of the Evidence Act in the form of dying declaration of the deceased. Considering the above aspect and now charge sheet is filed, the accused is to be enlarged on bail.5. In...
Rupaben Manoj Radhekrishna Pandey. Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-28-2011
1. This successive application for regular bail under Section 439 of the Code is preferred by the accused of offences punishable under Section 5 of the Immoral Traffic (Prevention) Act, 1956 and Sections 376 and 114 of Indian Penal Code with Chotila Police Station being C.R.No. II-3092 of 2010.2. On earlier occasion, vide order dated 1.12.2010, learned advocate appearing for the applicant had withdrawn application for bail before this Court. Later on after filing of charge sheet the accused preferred Criminal Misc. Application No.13 of 2011 before learned Additional Sessions Judge, Fast Track Court No.1, Surrendranagar at Camp Limbdi, also came to be rejected by the learned Additional Sessions Judge on the ground that the victim was aged around 13 years and from the papers of the charge sheet it was revealed that the accused had enticed and induced minor and procured her for the sake of prostitution. It was further noticed that so far as applicability of Section 376 read with Section 1...
Popatji Gajuji Thakor(Makwana) and anr. Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-28-2011
1. The present application has been filed by the applicants for grant of regular bail under section 439 of Code of Criminal Procedure, 1973, after the charge sheet is filed.2. The applicants are charged with having committed offences under sections 363, 366, 376, 506(2) and 114 of Indian Penal Code, for which, F.I.R. being I-C.R.No.39 of 2010 has been registered with Bhildi Police Station, Dist.Banaskantha.3. Learned advocate Mr.Mehul Rathod for the applicants accused submitted that applicant No.1 is the uncle and applicant No.2 is the maternal uncle and they are alleged to have abetted in the offence for which he referred to the First Information Report. He submitted that as now investigation is over, charge sheet has been and other co-accused Chanchiben Bhudarji Thakor is released, present application deserves to be allowed considering the role attributed to the present applicants.4. Learned Additional Public Prosecutor Mr.Kartik Pandya resisted the application and submitted that as ...
Vankar Ratnabhai Valabhai. Vs. Assistant Director of Agriculture(Cotto ...
Court: Gujarat
Decided on: Jan-28-2011
1. The present appeal arises against the order dated 30.7.2009 passed by the learned single Judge of this Court in Special Civil Application No.5519 of 2009 whereby the learned single Judge has dismissed the petition by confirming the award passed by the Labour Court.2. When the matter is taken up for hearing, Mr.Dave, learned counsel for the appellant states that the order passed by the learned single Judge was common in the group of Special Civil Applications No.5517 of 2009 to 5522 of 2009, and as against the same, in one of the Special Civil Application being No.5517 of 2009, LPA being No.2282 of 2010 was preferred and the same has been dismissed vide order dated 30.11.2010 passed by Division Bench of this Court.3. We may record that in LPA No.2282 of 2010, which arose from the very order passed by the learned single Judge in Special Civil Application No.5517 of 2009, the Division Bench, by an order dated 30.11.2010, has observed as under;"Not only that the impugned order of learne...
Gujarat State Road Transport Corporation . Vs. Bhimabhai Nagbhai ValA.
Court: Gujarat
Decided on: Jan-28-2011
1. Present Second Appeal has been filed by the appellant-original defendant- Gujarat State Road Transport Corporation under section 100 of the Code of Civil Procedure, 1908 posing following substantial questions of law:"1. Whether in the facts and circumstances of the case the Civil Court has jurisdiction under section 9 of the Code of Civil Procedure to try the suit?2. Whether in the facts and circumstances of the case plaintiff is a workman within the meaning of Industrial Disputes Act, 1947 and remedy available to the plaintiff workman is only under the Industrial Disputes Act and not under civil forum?3. Whether in the facts and circumstances of the case the civil court has jurisdiction to decide the legality and validity of the findings given by the departmental authority, under Code of Civil Procedure?2. Whether in the facts and circumstances of the case the civil court has jurisdiction to set aside the penalty imposed by the defendant-Corporation?3. Whether in the facts and circ...
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