Gujarat Court May 2011 Judgments
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Sandipbhai Bhanubhai Meckwan Vs. State of Gujarat and anr
Court: Gujarat
Decided on: May-07-2011
1. The appellants are the original accused Nos. 1 and 2. By impugned judgement and order dated 28.2.2005 passed by learned Joint District Judge, Anand, in Sessions Case No. 104/2004, the appellant original accused No. 1 was convicted for offence punishable under Section 307 of the Indian Penal Code and Section 135 of the Bombay Police Act and sentenced to rigorous imprisonment of seven years and simple imprisonment of two years respectively. Fine was also imposed. Appellant No. 2 accused No. 2 was convicted for offence punishable under Section 325 of the Indian Penal Code and Section 135 of the Bombay Police Act and sentenced to simple imprisonment of five years and two years respectively. Fine was also imposed on him.2. As per charge exh.4, it was alleged against the appellants that they along with other accused i.e. accused Nos. 3 and 4 had assaulted complainant Jayantibhai-PW9 and his brother Mahendrabhai-PW10 on 4.9.2001 near their house. Accused No. 1 Sandeep had given several kni...
Anilkumar Chhaganlal Mehtra Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: May-07-2011
1. The appellant is original accused in Sessions Case No. 108 of 2003. By impugned judgment and order dated 24.12.2003 passed by the learned Joint District and Additional Sessions Judge, Modasa, the appellant was convicted for offences punishable under Sections 397, 398 of Indian Penal Code and Section 25(1)C of Arms Act. He was sentenced to R.I. for 7 years and 2 years respectively for the said offences. Fine was also imposed. All substantive sentences were made concurrent.2. As per charge Exh.3, it was alleged against the accused that he along with other co-accused on 10.11.2000 at 21.30 hours assaulted the complainant when he was traveling on his motorcycle, threatened him with gun and knife and robbed him of cash of Rs. 2,000/- and other valuables such as gold rings and wrist watch. Thereafter, they also committed robbery near Anior Kampa by robbing witnesses of their wrist watch, cash etc. He was thus charged for offence punishable under Sections 397, 398 of IPC and Section 25 of ...
Ahmedabad Dental College and Hospital Vs Gujarat University
Court: Gujarat
Decided on: May-06-2011
1. The writ petition (SCA No. 4693 of 2011) has been preferred by Ahmedabad Dental College and Hospital, Ahmedabad and the writ petition (SCA No. 4849 of 2011) has been preferred by Karnavati School of Dentistry, Uvarsad, District Gandhinagar, for a direction on the Gujarat University not to fill up seats in the set of the petitioner institution at the level of the post graduation for the academic year 2011-12, save and except the seats, as per the specialties wise allocation.2. The petitioner institutions are self-financing institution imparting education in the discipline of Dentistry both at the level of graduation and post-graduations i.e. BDS and MDS courses. They are run by public trusts, viz. Mahadevia Charitable Trust and Karnavati Medical and Educational Trust respectively. With effect from the academic year 2009-10, the petitioner institutions were granted approval for commencing post-graduate course in various specialties in the discipline of Dentistry by the Dental Council ...
Puranmal Motumal Pesavani Vs State of Gujarat
Court: Gujarat
Decided on: May-06-2011
1. By way of present appeal, filed under Section 374 of the Code of Criminal Procedure, 1973, the appellant-original accused No.1 has prayed to quash and set aside the judgment and order of conviction and sentence dated 23^rd July, 1999 passed by the learned Special Judge, Ahmedabad (Rural), in Special Case No.13 of 1998 whereby the learned Special Judge was pleased to convict the appellant for the offense punishable under Section 7 of the Prevention of Corruption Act, 1988 and sentenced him to undergo rigorous imprisonment for a period of one year, and also imposed fine of Rs.5,000/-, and in default of payment of fine; sentenced him to undergo imprisonment for a further period of six months. The appellant was also convicted for the offense punishable under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and was sentenced to undergo rigorous imprisonment for a period of two years, and also imposed fine of Rs.3,000/-, and in default of payment of fine;...
Rasiklal S Maradia and 1 Vs Icici Bank Limited and 1
Court: Gujarat
Decided on: May-06-2011
1. Present Appeal from Order is preferred by the appellants original plaintiff Nos. 1 & 3 under Order 43 Rule 1 (a) of the Code of Civil Procedure challenging the order dated 10.1.2008 passed by the learned City Civil Court, Ahmedabad below Exhs. 20 & 21 passed in Civil Suit No. 1431 of 2003, by which the learned Auxiliary Chamber Judge, City Civil Court has allowed the aforesaid two chamber summons by ordering to return the plaint to the plaintiff for being presented in DRT, Mumbai under Order 7 Rule 10 of the Code of Civil Procedure.2. The facts leading to the present Appeal from Order in nutshell are as under:3. The original plaintiffs are guarantors of Maradia Chemicals Limited. The said Maradia Chemicals Limited obtained loan from the defendant Bank i.e. I.C.I.C.I. Bank (hereinafter referred to as ?Sthe Bank??). The said Maradia Chemicals Limited suffered loss and it appears that defendant Bank recalled the loan facility. That the Bank had filed a Civil Suit against the Maradia Ch...
Mahendrakumar Manilal Patel and 2 Vs State of Gujarat and 1
Court: Gujarat
Decided on: May-06-2011
1. Rule. Mr.L.R.Pujari, learned Addl. Public Prosecutor and Mr. Sunil Joshi, learned advocate waive service of rule on behalf of respondent Nos.1 State and 2 respectively.2. The present application under Sec.482 of the Code of Criminal Procedure has been filed for quashing of complaint registered as M Case No.07 of 2005 with Sarkhej Police Station as well as private complaint being Criminal Inquiry Case No.108 of 2005 dated 29.7.2005 pending before 1^st Additional Civil Judge and Judicial Magistrate First Class, Ahmedabad Rural alongwith the orders passed thereon and further proceedings in pursuance to the said case for the offences punishable under Sections 406, 408, 420, 468, 471, 477A and 120B of Indian Penal Code.3. Mr.Panchal submitted that respondent No.2 original complainant Nathiben Patel is real aunt of the applicants and the applicants are the real nephews of the respondent No.2 original complainant and because of intervention of several family members and mediators, amicable...
Nehul Prakashbhai Shah and 1 Vs Nehul Prakashbhai Shah and 1
Court: Gujarat
Decided on: May-06-2011
1. All these applications are preferred under Section 439 of the Code of Criminal Procedure, 1973 [for short, 'the Code'] by the accused, whose cases are tribal by the learned Magistrate of competent jurisdiction, who refused to exercise powers under section 437(6) of the Code, in a case where the trial of a person accused of non-bail able offences was not concluded within a period of sixty days from the first date fixed for taking evidence in the case and such accused was in custody during the whole of the said period, and, for the reasons recorded in writing and also considering the merits of the case, rejected the request of the accused to enlarge on bail.2. In all these cases, the factual aspects about the offences registered against the accused-applicants and they are in custody during the period of trial commencing from the first date fixed for taking evidence are not in dispute and also the fact that the cases are tribal by the learned Magistrate having jurisdiction to try such ...
Rangaben Rupabhai Vs State of Gujarat
Court: Gujarat
Decided on: May-06-2011
1. Present applicant is widow of one Rupabhai. Said Rupabhai had died in the year 1969 leaving his widow means present applicant, two minor sons and one minor daughter. Said Rupabhai owned agricultural lands admeasuring 113 acres, situated at village Balotri, Taluka Vav, District Banaskantha. Pursuant to amendment to Gujarat Agricultural Lands Ceiling Act, 1960 made effective from 1^st April, 1976, applicant filed declaration furnishing particulars of the lands held by her. Applicant having held land in excess of ceiling area, proceedings under the Act were initiated in Ceiling Case NO. 182/903/76. The Mamlatdar and ALT under his judgment and order dated 10^th August, 1982, hold that the applicant was entitled to retain one unit of ceiling area i.e. 54 acres of land. Lands to the extent of 59 acres 17 gunthas held by applicant were held to be surplus land. Feeling aggrieved, applicant preferred Ceiling Appeal NO. 98 of 1982 before the Deputy Collector, Tharad which was dismissed on 31^...
Gajendrasinh Nathusinh Bhadoriya Vs State of Gujarat
Court: Gujarat
Decided on: May-06-2011
1. Heard learned advocate for the applicant and learned APP Mr.M.G.Nanavati for respondent State.2. Rule. Mr.Nanavati, learned APP waives service of rule on behalf of respondent State.3. This application is filed by the applicant under Section 439 of the Cr.PC for releasing him on regular bail in connection with the offence registered vide CR No. I-156 of 2008 at Bhavnagar City ?SD?? Division Police Station for the offences punishable under Sections 302, 307, 323 of IPC and Section 25(1)(A) of the Arms Act as well as Section 135 of the Bombay Police Act.4. The learned advocate for the applicant has submitted that the applicant is falsely involved in this case. He read the order passed by the trial Court and prayed to release the applicant on regular bail.5. As against this, learned APP Mr. Nanavati has strongly opposed this application and read the order passed by the trial Court.6. I have gone through the order passed by the trial Court as well as the papers produced on record of the ...
Nirav Lalitbhai Shah Vs Government of Gujarat Through Secretary and 1
Court: Gujarat
Decided on: May-06-2011
1. This petition styled as Public Interest Litigation has been filed by one Shri Lalit Shah seeking prayer for a direction to the Agriculture and Cooperation Department of the Government of Gujarat to formulate an appropriate scheme for repayment of money of the depositors by way of implementation of One Time Settlement(OTS for short) for the borrowers of the banks in liquidation in conformity with the guidelines of Reserve Bank of India(RBI for short).2. The case of the petitioner is that he has made deposits with one Charotar Nagrik Sahkari Bank which is a cooperative bank which is under liquidation. RBI has issued guidelines vide communication dated 10.4.2006 to the Secretaries of the States for framing of scheme for OTS to be granted to the borrowers of the various Urban Cooperative Banks. It is also the case of the petitioner that though the State Government formulated a scheme for OTS, for cooperative banks operating in the State of Gujarat, in disregard to the said guidelines is...
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