Gujarat Court February 2011 Judgments
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Gouri Shankar Rai. Vs. the State of Jharkhand and anr.
Court: Gujarat
Decided on: Feb-02-2011
Petitioner has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure for quashment of the entire criminal proceeding arising out of P.C.R. Case No.131 of 1999 as well as the orders dated 2.7.2004 and 12.10.2004 by which the learned Judicial Magistrate found a prima facie case against the petitioner under Section 406 of the Indian Penal Code and directed summons to be issued against the petitioner.2. Learned counsel submitted that complaint was filed by the complainant Biswajit Rai i.e. opposite party No.2 herein stating therein that one Bhikhari Lal with the help of his associates had forcibly harvested paddy crops from the field having an area of 2 bighas and 10 kathas, to which the police was informed. Pursuant to such information, police came and seized the paddy from the possession of Bhikhari Lal and his associates and the same was entrusted to the petitioner for its safe custody. Allegation of the complainant- opposite party No.2 was ...
Dipakkumar Bachubhai and ors. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Feb-02-2011
1. By filing instant application under Section 5 of the Limitation Act, 1963, the applicants have prayed to condone delay of 2040 days caused in filing the above Stamp Number Misc. Civil Application, which is directed against the Order dated 5.5.2005, rendered in Second Appeal No. 95 of 2003, by which the Second Appeal has been dismissed as no substantial question of law is involved.2. Having considered the submissions advanced by Mr. Dipak H. Sindhi, learned Advocate for the applicants and Mr. L.B. Dabhi, learned AGP for respondent No.1 State of Gujarat, and a perusal of the averments made in the application, according to this Court, the applicants have not shown sufficient cause for filing the above Stamp Number Misc. Civil Application after an abnormal delay of 2040 days. Therefore, instant application seeking condonation of delay in filing the above Stamp Number Misc. Civil Application deserves to be rejected. Besides this, the above Stamp Number Misc. Civil Application, which is f...
Commissioner of Customs. Vs. Prakash Agarwal.
Court: Gujarat
Decided on: Feb-02-2011
1. In this appeal under section 130 of the Customs Act, 1962 (the Act), the Commissioner of Customs, Kandla has challenged common order dated 24^th March, 2006 made by the Customs, Excise and Service Tax Appellate Tribunal (the Tribunal) proposing the following questions:-i. Whether the Advance Licence obtained under DEEC Scheme and against which fulfilment of Export obligation was on the basis of misstatements/misdeclaration by submitting forged/fake export documents before the DGFT is to be treated as a valid and legal document?ii. Whether the import made on the authority of Advance licence obtained/transferred on the basis of forged/fake/manipulated export documents are lawful imports and exempted from payment of duty under Notification No.204/92-Cus dated 19.05.1992? iii. Whether the importer as defined in Section 2(26) of the Customs Act, 1962 includes the licence holder for the purpose of Notification 204/92-Cus dated 19.05.1992 being any person holding himself to be the importer...
Comm. of Central Excise and Customs Surat. Vs. Mahesh Dyeing and Print ...
Court: Gujarat
Decided on: Feb-02-2011
1. In this appeal under section 35G of the Central Excise Act, 1944, the appellant-revenue has challenged order dated 4^th November, 2008, made by the Customs, Excise & Service Tax Appellate Tribunal, West Zonal Bench, Ahmedabad (the Tribunal) proposing the following two questions:"(A) Whether Section 11AC of the Central Excise Act, 1944 inserted by Finance Act, 1996 with intention of imposing mandatory penalty of equivalent amount of duty liability on persons who evaded payment of tax and the said section does not leave any discretion for reduction of quantum of penalty if duty determined is paid within 30 days of the order of appellate commissioner?(B) Whether in the facts and circumstances of the case, the Tribunal has committed substantial error of law in dismissing appeal of the revenue and confirming order of the appellate commissioner of reducing penalty to the extent of 25% of the duty amount."2. Mr.R.J.Oza, learned Senior Standing Counsel for the appellant, has assailed the im...
Rajuji Dhudaji Thakor, Thro'Rukhiben Rajuji Thakor. vs. State of Gujar ...
Court: Gujarat
Decided on: Feb-02-2011
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 31.5.2010 rendered in Sessions Case No.124 of 2009 by the learned Additional Sessions Judge, Mehsana, has been convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced RI for 10 years, has filed this application through his wife Rukhiben, praying to enlarge him on temporary bail for a period of 30 days, to enable him to attend the engagement ceremony of his son, which is to be scheduled on 4.2.2011.4. Having heard Rukhiben, Party-in-person and Mr. LB Dabhi, learned APP for the respondent State of Gujarat and upon perusal of the averments made in the application so also the jail remark sheet, since the applicant has not made out case for releasing him on temporary b...
Devjibhai Dahyabhai Vala, Thro' Manjuben Devjibhai Vala. vs. State of ...
Court: Gujarat
Decided on: Feb-02-2011
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 4.4.2006 rendered in Sessions Case No.80 of 2004 by the learned Additional Sessions Judge, Fast Track Court No.2, Ahmedabad Rural, has been convicted for the offence punishable under Section 302 etc. of the Indian Penal Code and sentenced to imprisonment of life, has filed this application through his wife Manjuben Devjibhai, praying to enlarge him on temporary bail for a period of 30 days, to enable him to make necessary arrangement for surgery of his son for the ailment of hernia.4. We have gone through the application and the supporting document i.e. medical certificated issued by the concerned doctor that form part of the application and have considered the submissions advanced by Mr. LB Dabhi, lea...
T a Gami. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Feb-01-2011
1. By filing the present petition, under Article 226 of the Constitution of India, the petitioner has prayed that the impugned order dated 08.05.2008 passed by respondent No.1, rejecting the representation of the petitioner for change of date of birth, be quashed and set aside and the respondents be directed to correct the date of birth of the petitioner to 06.02.1954 instead of 31.10.1951, as entered in the service book.2. Briefly stated, the relevant facts of the case are that the petitioner joined the service of the respondent-State, as a direct recruit Mamlatdar, in the year 1978. The petitioner was promoted to the post of Deputy Collector in the year 1983 and is, at present, working on the post of Additional Collector. The case of the petitioner is that soon after he joined service, it came to his notice that there was a discrepancy in the service record with regard to his date of birth. According to the petitioner, his correct date of birth is 06.02.1954, but in the service recor...