Gujarat Court November 2012 Judgments
Smit N. Parmar Vs. Paresh D. Patel and Another
Court: Gujarat
Decided on: Nov-27-2012
Oral Judgment: Jayant Patel, J. 1. The present appeal is directed against the judgement and order passed by the learned Single Judge of this Court in Civil Suit No.4 of 2012, whereby the learned Single Judge has allowed the application and has issued direction that the defendant appellant herein, his servants, agents, dealers and distributors are restrained by order of temporary injunction from manufacturing, marketing and using the registered design of Ductable air-conditioners of the plaintiffs, till the final decision of the suit or till such time as the registration thereof remains intact. 2. The short facts can be described in the same manner, as was considered by the learned Single Judge at paragraph 5 of the impugned order, as under:- 1. The plaintiffs, namely Mr.Paresh D.Patel (plaintiff No.1) and Vardayini Power Private Limited (plaintiff No.2) filed Regular Civil Suit No.96 of 2012 in the City Civil Court at Ahmedabad, praying for grant of a permanent injunction restraining t...
Tag this Judgment!Sant Shri Asharamji Bapu Vs. State of Gujarat and Another
Court: Gujarat
Decided on: Nov-21-2012
Oral Judgment: 1. Heard Mr.N.D.Nanavati learned Senior Counsel with Mr.S.K.Patel learned advocate for the petitioner. 2. Draft amendment is tendered. Amendment is granted. 3. By way of this petition under Article 226 of the Constitution of India, challenge is made to the order dated 29.10.2012, passed by Justice D.K.Trivedi Commission of Inquiry ('the Commission' for short), once again directing the petitioner to appear before it as a witness. 4. The said Commission is appointed by the Government, under the Commission of Inquiry Act, inter-alia, to inquire into the facts and circumstances leading to the death of two school boys Dipesh and Abhishek studying in the Gurukul at Motera, which is run by the petitioner/his organization. In the opinion of the Commission, amongst other persons, evidence of the petitioner and his son is relevant and therefore, witness summons were issued to both of them on 21.3.2011. In continuation of said summons an order was passed on 21.6.2011 directing the ...
Tag this Judgment!Bhagyoday Janparishad (Registered Ngo) Through President Vs. State of ...
Court: Gujarat
Decided on: Nov-09-2012
Common Cav Judgment: (J.B. Pardiwala, J.) As common questions of fact and law are involved in the above captioned writ-applications, those were taken-up for hearing together and are being disposed of by this common judgment and order. The Writ Petition (PIL) No.231 of 2012 in the nature of a Public Interest Litigation is at the instance of a registered N.G.O. and the Writ Petition (PIL) No.235 of 2012 is at the instance of the Gujarat Chamber of Commerce substantially challenging the provisions of Chapters 4 and 5 of the Instructions on Election Expenditure Monitoring (2012) issued by the Election Commission of India under the purported exercise of power under Article 324 of the Constitution of India. The case made out in the two writ-applications may be summarised as under: 1. On 3rd October 2012, the Election Commission of India announced the State Assembly Elections of Gujarat, to be held in December 2012. According to the said programme, the official notification under the provisio...
Tag this Judgment!Pankajbhai Somabhai Patel Vs. State of Gujarat
Court: Gujarat
Decided on: Nov-08-2012
Oral Judgment: (A.L. Dave, J.) This appeal challenges judgment and order rendered by Sessions Court, Gandhinagar in Sessions Case No.51 of 2005 on 31/03/2006 whereunder both the appellants, who were original accused before the trial Court, came to be convicted for the offence of murder punishable under Section 302 r/w Section 34 of the Indian Penal Code and were sentenced to undergo RI for life with a fine of Rs.20,000/-, in default, to undergo further SI for two years. The appellants were also convicted for offence punishable under Section 201 r/w Section 34 of the Indian Penal Code and were sentenced to undergo RI for two years with a fine of Rs.2,000/-, in default, to undergo SI for three months. The convicts were given benefit of set off and the sentences were ordered to run concurrently. Hence, this appeal. 2. Brief facts of the prosecution case are that A-1 Pankajbhai and A-2 Kanabhai Dahyabhai Parmar were staying in adjoining rooms. The room occupied by A-2 was also shared by w...
Tag this Judgment!Parsighbhai Galiya Macher Vs. State of Gujarat
Court: Gujarat
Decided on: Nov-08-2012
J.B. Pardiwala, J. 1. This appeal is at the instance of a convict accused for the offences punishable under Sections 302 and 307 of the Indian Penal Code, and is directed against an order of conviction and sentence dated 27/6/2006, passed by the learned Additional Sessions Judge, Dahod, in Sessions Case No.31 of 2006. By the aforesaid order, the learned Additional Sessions Judge found the appellant guilty of the offences punishable under Sections 302 and 307 of the Indian Penal Code and consequently, sentenced him to suffer Life Imprisonment and a fine of Rs.500/- for the offence of murder punishable under Section 302 of the Indian Penal Code with a further stipulation that in default of payment of fine, the appellant was directed to undergo further Rigorous Imprisonment for six months. In the same manner the learned Additional Sessions Judge sentenced the accused to suffer Rigorous Imprisonment for a period of 10 years and a fine of Rs.250/- for the offence punishable under Section 30...
Tag this Judgment!Raghubhai Hirabhai Vasava Vs. State of Gujarat and Others
Court: Gujarat
Decided on: Nov-08-2012
Bhaskar Bhattacharya, CJ. By this public interest litigation, the writ-petitioner has challenged the application of the Gujarat Municipalities Act, 1963 (Act) to the Scheduled areas as declared in the Notification dated December 31, 1977 issued by the Ministry of Law, Justice and Company Affairs in exercise of powers conferred under sub-paragraph (2) of paragraph 6 of the 5th Schedule to the Constitution of India as illegal. 2. The case made out by the writ-petitioner is that he is a resident of Nandod Taluka and, according to the Notification dated December 31, 1977, the Nandod Taluka has fallen within the Scheduled area. The petitioner contends that in view of the provisions contained in Article 243ZC and Article 243ZF of the Constitution of India, the moment some of the areas of the State of Gujarat have been declared as Scheduled areas, the Act is not applicable to those areas and there is no scope of functioning of any Municipality in accordance with the Act in those areas. Conseq...
Tag this Judgment!Thakore Narendrasinh Bavuji Vs. the State of Gujarat
Court: Gujarat
Decided on: Nov-08-2012
J.B. Pardiwala, J. 1. This appeal is at the instance of an accused-convict for the offence punishable under Section 302 of the Indian Penal Code, and is directed against an order of conviction and sentence dated 24th August, 2006, passed by the learned Additional Sessions Judge, Fast Track Court No.2, Patan, in Sessions Case No.4/2006. By the aforesaid order, the learned Additional Sessions Judge found the appellant guilty of the offence punishable under Section 302 of the Indian Penal Code and consequently, sentenced him to suffer Life Imprisonment and affine of Rs.1,000/-. In default of payment of fine, the appellant was directed to undergo further simple imprisonment for 3 months. 2. Case of the Prosecution: The deceased Anjuben was the wife of the accused. On 4th October, 2005 at around 4 Oclock in the evening, the sister-in-law of the deceased, named Rita, received a phone call on the mobile of her brother-in-law, and was informed that Anjuben, the deceased, had died due to a pois...
Tag this Judgment!Abdul Ajij Malek Vs. the State of Gujarat
Court: Gujarat
Decided on: Nov-08-2012
J.B. Pardiwala, J. 1. This appeal is at the instance of two convicts for the offences punishable under Sections 302 and 201 of the Indian Penal Code, and is directed against the order of conviction and sentence dated 9th February, 2007 passed by the learned Additional Sessions Judge, 2nd Fast Track Court, Surat in Sessions Case No.222 of 2005. By the aforesaid order, the learned Additional Sessions Judge found the appellant guilty of the offence punishable under Section 302 of the Indian Penal Code, and consequently, sentenced him to suffer life imprisonment, and a fine of Rs.2000/. In default of payment of fine, the appellant was directed to undergo further simple imprisonment for two months. The learned Additional Sessions Judge found the appellant guilty of the offence punishable under Section 201 of the Indian Penal Code, and consequently, sentenced him to suffer rigorous imprisonment for two years, and a fine of Rs.1000/. In default of payment of fine, the appellant was directed t...
Tag this Judgment!Patel Manabhai Mavjibhai Vs. State of Gujarat
Court: Gujarat
Decided on: Nov-08-2012
J.B. Pardiwala, J. 1. This appeal is at the instance of a convict-accused for the offence punishable under Section 302 of the Indian Penal Code, and is directed against an order of conviction and sentence dated 21st September, 2004, passed by the learned Additional Sessions Judge, 4th Fast Track Court, Banaskantha at Deesa, in Sessions Case No.51/2003. By the aforesaid order, the learned Additional Sessions Judge found the appellant guilty of the offence punishable under Section 302 of the Indian Penal Code and consequently, sentenced him to suffer life imprisonment. 2. Case of the Prosecution: The accused was married to the deceased and during the wedlock two daughters were born. The deceased had an illicit relationship with one Sendha, who happened to be the son of the uncle of the accused. As the deceased had developed intimacy for the said Sendha, the deceased used to frequently visit him on the pretext of going at the house of her parents. The people in the village started discuss...
Tag this Judgment!Dhaval Gopalbhai Darji Vs. State of Gujarat
Court: Gujarat
Decided on: Nov-08-2012
J.B. Pardiwala, J. This Appeal is at the instance of a convict accused for the offences punishable under Sections 302, 498A and 506(2) of the Indian Penal Act and for the offences punishable under Section 135(1) of the Bombay Police Act, and is directed against an order of conviction and sentence dated 21st April 2007 passed by the learned Additional Sessions Judge, Fast Track Court No.2, Ahmedabad (Rural), Ahmedabad in Sessions Case no.101 of 2004. By the aforesaid order, the learned Additional Sessions Judge found the appellant guilty of the offence punishable under Section 302 IPC and consequently, sentenced him to suffer life imprisonment and a fine of Rs.10,000=00. In default of payment of fine, the appellant was directed to undergo further simple imprisonment for two years. The learned Additional Sessions Judge also found the appellant guilty of the offence punishable under Section 498A IPC and consequently, sentenced him to suffer rigorous imprisonment for two years and a fine o...
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