Gujarat Court June 2011 Judgments
Kanubhai Motibhai Patel Vs. Kanubhai Harkishanbhai Bhatt
Court: Gujarat
Decided on: Jun-13-2011
ORDER:1. By way of this petition under Article 227 of the Constitution of India, petitioner original defendant (now his heirs and legal representatives) have prayed for an appropriate order to quash and set aside the impugned judgment and order dated 07.07.2008 passed by the learned Presiding Officer, 10th FTC, Vadodara Appellate Court in Miscellaneous Civil Appeal No.120/2002 by which the learned Appeallate Court has allowed the said Appeal preferred by the respondent herein original plaintiff and has quashed and set aside the order dated 30.07.2002 passed by the learned trial Court below Exh.5 in Civil Suit No.496/1998. 2. At the outset it is required to be noted that initially the learned trial Court granted the order of status-quo below Exh.5 in favour of the original plaintiff in the year 1998 which came to be continued upto 30.07.2002 i.e. till the learned trial Court passed the order below Exh.5 dismissing the same. It appears that even thereafter also, the order of ...
Tag this Judgment!Varsha Vs. State of Gujarat
Court: Gujarat
Decided on: Jun-13-2011
1. Rule. Mr. L.B. Dabhi, learned APP waives service of notice of Rule for respondentState. 2. The applicant has taken out present application under Section 438 of the Code of Criminal Procedure, 1973 seeking anticipatory bail in connection with the offences registered with Adalaj Police Station bearing CR No.I-68 of 2011 punishable under Sections 363, 366, 376, 506(2) and 114 of the Indian Penal Code. 3. Heard Mr.Mehta, learned advocate for the applicant. 4. Mr.Mehta, learned advocate for the applicant has submitted that the applicant Varsha is pregnant woman and she is carrying five and half months baby in her womb and she is asthmatic patient. He has further submitted that the applicant is not keeping good health now-a-days because of her pregnancy and asthma disease and she has to regularly visit the hospital to meet Gynecologist doctor for her regular medical checkup. He has submitted that applicant is ready to abide by any condition that may be imposed. Mr.Meht...
Tag this Judgment!Kutch Construction Industries and Rehabilitation Federation Vs. State ...
Court: Gujarat
Decided on: Jun-13-2011
1. This petition under Article 226 of the Constitution of India is filed assailing the method and manner in which powers are exercised by the authority under various provisions of Bombay Stamp Act, 1958 (for short Act of 1958) and Bombay Stamp (Determination of Market Value of Property) Rules, 1984 (for short Rules of 1984) and challenges preparation and usage of the Final Annual Statement of Rates 2008 (ASR) (popularly known as Jantri) published and made effective from 1.4.2008 in the State of Gujarat. 2. In para 24 of this petition, the petitioners have prayed to issue a writ of certiorari or any other appropriate writ, order or direction to quash and set aside the Final Annual Statement of Rates, 2008 published and made effective from 1.4.2008 by respondents for the area comprising of Bhuj Taluka, District: Kutch. The petitioners have further prayed that authorities under the provisions of the Act be directed to follow and adhere the statutory provisions under Bombay Stamp Act, 1958...
Tag this Judgment!Ranchhodbhai Khumaji Rabari and anr. Vs. State of Gujarat
Court: Gujarat
Decided on: Jun-10-2011
ORDER:1. Rule. Learned APP, Mr. J. K. Shah, waives service of notice of rule on behalf of State. 2. This is an application under Section 439 of Criminal Procedure Code praying for regular bail in connection with offence registered with Vijaynagar Police Station, District Sabarkantha vide C.R.No.III-5082 of 2011 for the offences punishable under 66(1B), 65AE, 116B, 81 and 83 of the Bombay Prohibition Act. 3. This Court has thought fit to exercise its discretion taking into consideration the following aspects : A) All offences are magistrate triable offences. Maximum punishment prescribed under the Act is upto 3 years. B) Investigation is practically over. C) Charge-sheet is filed. 4. In this view of the matter, I am persuaded to exercise my discretion in favour of the accused applicants. Under the circumstances, accused-applicants are ordered to be enlarged on regular bail in connection with offence registered with Vijaynagar Police Station, District Sabarkantha being C.R.No.III-5082 of...
Tag this Judgment!Piyushkumar Devendraprasad Acharya Vs. State of Gujarat Through Joint ...
Court: Gujarat
Decided on: Jun-10-2011
ORDER :1. Leave to amend as per the draft amendment submitted today by Mr DV Shah learned advocate the petitioner. Necessary amendment be carried out during the course of the day. 2. Rule returnable on 16.6.2011. Mr SN Thakkar learned advocate waives service of notice of rule on behalf of respondents no. 2,3 and 4 and Mr. Janak Raval learned AGP waives service of notice of rule on behalf of respondents no. 1 and 5. 3. Heard the learned advocates appearing for the parties on the interim relief, as prayed for by the petitioner in the present petition. 4. The present petition has been filed by the petitioner, who is member of Sardarganj Cooperative Bank Limited, seeking direction against the respondents for quashing and setting aside the voters' list published by the respondent no. 2 on 4.6.2011 and seeking further directions to prepare fresh voters list as per the by-laws of the Bank. It appears that at the time of filing of the petition, the objections raised by the petitioner agai...
Tag this Judgment!Bhavusingh Ishwarsingh Waghela Vs. State of Gujarat
Court: Gujarat
Decided on: Jun-09-2011
1. Rule. Mr J.K.Shah, learned APP waives service of notice of Rule on behalf of the State. 2. The present application is preferred by the applicants praying to grant further time to surrender before the jail authority for a period of six weeks. The appeal being Criminal Appeal No.841 of 2001 preferred by the applicants against their conviction and sentence for the offence punishable under Sec.498(A) read with Sec.114 of IP Code by the learned Addl. Sessions Judge, Banaskantha at Palanpur, in Sessions Case No.8 of 2001 was partly allowed and while maintaining their conviction, their sentence was reduced and modified to one and half years instead of three years for the offence punishable under Sec.498(A) read with Section 114 of IP Code by this Court vide judgment and order dated 2822011. 3. Learned counsel Mr.M.C. Barot has submitted that against the order of this Court, the applicants have preferred Special Leave Petition (Criminal) No.10941 of 2011 before the Hon'ble Supreme Cour...
Tag this Judgment!Rajubhai Laxmanbhai Paradia Vs. State of Gujarat
Court: Gujarat
Decided on: Jun-09-2011
1. Prima-facie, it appears that the complaint is time barred. Besides this, for the same cause of action, it appears that the complainant has lodged an FIR with Ellisbridge Police Station registered as C.R.I-536 of 2010 for the offences punishable under Sections 406, 420 read with 114 of IPC. It appears that petitioner has been enlarged on anticipatory bail in connection with the FIR. Thereafter, private complaint has been lodged for the offence punishable under Section 138 of Negotiable Instrument Act. 2. Let Notice be issued to the respondents returnable on 1st July, 2011. 3. Mr.J.K.Shah, learned APP, waives service of notice of rule on behalf of respondent No.1-State. 4. In the meantime, further proceedings of Criminal Case No.3009 of 2010 pending the Court of JMFC, Dholka shall remain stayed. 5. Direct service is permitted. ...
Tag this Judgment!Punambhai Aaljibhai Rathod Vs. State of Gujarat
Court: Gujarat
Decided on: Jun-09-2011
1. Rule. Learned APP Mr. J.K.Shah, waives service of notice of rule on behalf of State. 2. This is an application under Section 439 of Criminal Procedure Code praying for regular bail in connection with offence registered with Javaharnagar Police Station vide CR No.I-42 of 2011 for the offences punishable under Sections 143, 186, 427, 436, 452 and 504 of Indian Penal Code and under Sections 3 and 7 of Public Property Damage Act. 3. It is the case of the prosecution that the accused applicant is a Member of Bajva Gram Panchayat. The FIR has been lodged by one Madhuben R. Parmar, who is at present Sarpanch of Bajva. It appears that there was acute problem of supply of potable water. As a result of which inhabitants of Bajva Saurashtra Society staged a protest. It is the case of the prosecution that mob of 40 to 50 people led by the present applicant reached the office of Panchayat and at that point of time quarrel ensued in this regard. It is the case of the prosecution that the mob was ...
Tag this Judgment!Ravishankar Radheshyam Shrivastav Vs. State of Gujarat
Court: Gujarat
Decided on: Jun-08-2011
1. Rule. Mr. J.K.Shah, learned APP waives service of rule on behalf of respondent State. 2. This is an application for anticipatory bail under Section 438 of the Code in connection with Sachin Police Station, Dist.Surat vide CR No.I-23 of 2011 for the offences punishable under Sections 405, 406 and 409 of the Indian Penal Code. 3. The First Information Report has been lodged by one of the employees of the Company named, Invent Bio Pvt. Ltd. The accused applicants are the office bearer of the said Company. The allegations are that the amount of provident fund for the month of December, 2010 deducted from the salary of the employees was not deposited by the Company with the Bank. In this manner it is alleged that the accused applicants as a office bearer of Company have committed an offence of criminal breach of trust. 4. It appears that the amount has been deposited but at a belated stage. This is not disputed. Even the findings recorded by the trial Court would suggest that the entire ...
Tag this Judgment!Diwan Aehmadsha Hasansha Vs. Thro. Public Prosecutor
Court: Gujarat
Decided on: Jun-08-2011
1. Rule. Learned APP, Mr.J.K.Shah, waives service of notice of rule on behalf of State. 2. This is an application under Section 439 of Criminal Procedure Code praying for regular bail in connection with offence registered with Karjan Police Station, District - Vadodara, vide C.R.No.II-51 of 2011 for the offences punishable under Sections 306, 498-A, 504 read with 114 of IPC. 3. Following aspects are taken into consideration: i) The accused-applicants are distant relatives of the in-laws of the deceased; (ii) Admittedly, they are residing separately at village Palej, whereas the deceased was residing with her husband at Vadodara. iii) The allegations levelled in the FIR, prima facie, do not constitute any offence of abetting the commission of suicide; (iv) The investigation is over. Charge-sheet is filed. 4. Under the circumstances, I am persuaded to exercise my discretion in favour of the accused-applicants. Under the circumstances, accused-applicants are ordered to be enlarged o...
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