Gujarat Court February 2012 Judgments

Rehana S Kadri Vs. State of Gujarat and Others

Court: Gujarat

Reported in: 2012CrLJ2947

Cav Judgment: [1.0] Present Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the “CrPC”) has been preferred by the applicant herein – original complainant to quash and set aside the impugned order dated 23.07.2010 passed by the learned Judicial Magistrate, First Class, Surat below Exh.1 in the Criminal Inquiry Case No.4/2010 by which the learned JMFC has stayed the further proceedings of the said Criminal Inquiry Case No.4/2010 in exercise of powers under Section 210(1) of the CrPC, till any report is submitted by the concerned police officer of Varachha Police Station on the complaint made by the applicant dated 18.11.2009. [1.1] It is also further prayed for an appropriate order directing the concerned police officer of the Varachha Police Station to register her complaint dated 18.11.2009 (Annexure H) as FIR. Number of other prayers have also been made. However, all those prayers are general in...

Ashraf Abubakkar Ansari Vs. Commissioner and Others

Court: Gujarat

1. The petitioner has invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India, by making the following prayers: “(a) To direct the respondent authorities to take legal action/steps against the illegal construction being put up by the respondent nos.3 and 45 in Plot No.B-69 B-70 and C-24 respectively as per the representations made by the present petitioner which are at Annexure-C Colly. OR IN THE ALTERNATIVE (b) Direct the respondent Corporation to immediately and forthwith decide the representations made by the present petitioner and thereafter take appropriate legal steps against the respondent nos.3 and 4; (c) Pending the hearing and final disposal of this writ petition, be pleased to direct the respondent Corporation to restrain the respondent nos.4 and 5 from putting up any illegal construction on the plots being B-69 B-70 and C- 24 respectively; (d) To grant any other appropriate and just relief/s.” 2. The petitioner is a resident of...

State of Gujarat Vs. Piyush Mohanlal Gandhi

Court: Gujarat

Oral Judgment: G.B. Shah, J. 1. This Appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against judgment and order dated 4.11.1988 passed by the learned Additional Sessions Judge, Vadodara in Sessions Case No. 42 of 1988 by which the accused was convicted for offence punishable under section 511 read with section 376 of Indian Penal Code for attempt to commit rape. 2. The facts of the case in brief are that on 12.1.1987 a complaint was lodged by Indiraben, wife of Ratilal Prabhudas Patel with Makarpura police station that her niece, the victim, a minor girl aged about 8 years went to terrace of the house to watch kite-flying. As per the complaint, four to five boys, sons of the tenants staying in the same building, were flying kites. After 10-15 minutes at about 8.45 a.m., on hearing shouts of victim minor girl, Indiraben rushed to the terrace and on the staircase of the second floor of the house, she saw the minor girl was standing and crying. She had her n...

Chetankumar Amratlal Naik Vs. Geetaben Kantilal Naik

Court: Gujarat

1. These two First Appeals were heard together as those have been preferred against the selfsame judgment and decree passed by the learned trial Judge thereby granting a decree for judicial separation on an application for divorce filed by the husband on the ground of desertion and cruelty. The learned Family Court has held that the allegation of cruelty has not been proved but the husband has proved desertion and on that ground, instead of passing a decree for divorce, the one for judicial separation has been passed. 2. Being dissatisfied, the husband has preferred First Appeal No. 2713 of 2008 thereby praying for converting the decree for judicial separation into one for divorce while the wife has filed a separate appeal, being First Appeal No. 2109 of 2009, thereby praying for dismissal of the suit. 3. The case made out by the husband in the application for divorce may be summed up thus:- [a]. The parties were married on 9th May 1997 according to Hindu rites and customs. The initial...

Shantilal Chhotalal Trivedi General Manager Vs. Mahendrakumar Girdharl ...

Court: Gujarat

Reported in: 2012CrLJ2897

1. The appellant, original complainant, has filed this appeal under Section 378 of the Code of Criminal Procedure, 1973 and challenged the judgement and order passed by learned Chief Judicial Magistrate, Bharuch, on 30.7.2009 in Criminal Case No. 30256 of 1999 acquitting the respondent accused for the offence under Section 138 of the Negotiable Instruments Act, 1881 (“the Act” for short). 2. According to the complainant, he is discharging duty as General Manager of complainant Spinning Mill at Bharuch and the Mill was given on lease to the accused by an agreement dated 1.10.1998. As per condition No. 6 of the agreement, routine expenses like office expenses, telephone expenses, stationery, postage, salary expenses and electricity bill were to be borne by the accused. As per condition No. 7, the amount of electricity bill was to be paid by the accused to the Mill on receipt of bill and such amount was to be paid by the complainant to the Electricity Board and as per conditio...

Central Gujarat Electiricty Company Ltd Vs. Patel Prakashbhai Bhagwand ...

Court: Gujarat

A.J. DESAI, J. Oral: 1. Admit. Learned advocate Mr.Ramnandan Singh waives service of notice of admission on behalf of respondent. With the consent of parties, the matter has been taken up for final hearing. 2. By way of present Appeal under Clause 15 of the Letters Patent, the original respondent – Central Gujarat Electricity Company Ltd., has challenged the judgment dated 26.08.2008 passed in Special Civil Application No.6107 of 2007 by which the learned Single Judge has directed the Electricity Company to release second electric connection to the petitioner as and when his turn for such connection becomes due. 3. Heard learned advocate Ms.Lilu Bhaya for the appellant and learned advocate Mr.Ramnandan Singh for the respondent. 4. An application dated 01.06.2006 was submitted by the respondent consumer and requested the appellant company for extension of load from 20 HP to 40 HP by way of additional new connection at the same premises. Since the said application was rejected by t...

Laxminarayan Salt Works Vs. District Collector and Others

Court: Gujarat

1. Rule. Mr.Pranav S.Dave, learned Assistant Government Pleader, waives service of notice of Rule, for the respondents. 2. This petition under Articles 226 and 227 of the Constitution of India lays challenge to the order dated 16/03/2007 passed by the District Collector, Amreli (respondent No.1), whereby the lease granted to the petitioner has been cancelled, and to the order of the Secretary, Revenue(Appeals), (respondent No.2) dated 25/05/2011, whereby the aforementioned order of the Collector has been confirmed in exercise of revisional jurisdiction under Section 211 of the Gujarat Land Revenue Code,1879. 3. The relevant facts can briefly be summarised as below: 3.1. Land bearing Survey No.91/2, admeasuring 405 Acres and 00 Gunthas situated at Village Nigala-I, was allotted to one Harishanker Bhatt as leaseholder, in the name and style of Ratnakar Salt Works, for a period of 20 years w.e.f. 28-11-1972. The lease was granted for the purpose of manufacture of salt, as per conditions m...

Payal Mihirbhai Patel Vs. State of Gujarat and Another

Court: Gujarat

Reported in: 2012CrLJ355(NOC)

1. The present Special Criminal Application under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure has been preferred by the petitioner-Smt Payal Mihirbhai Patel (original accused no. 3 as described in the charge-sheet) to quash and set aside the order dated 14/09/2010 passed by the learned Metropolitan Magistrate, Ahmedabad below Exh. 2 in Criminal Case No. 147/2010 by which the learned Magistrate has rejected the application submitted by the petitioner to discharge her for the offences alleged arising out of the FIR, being C.R. No. I 1/2010 registered with Mahila Police Station, Ahmedabad for the offences punishable under Sections 498A and 114 of the Indian Penal Code and under Sections 3 and 7 of the Dowry Prohibition Act as well as the impugned order dated 09/12/2010 passed by the learned Principal Sessions Judge, Ahmedabad in Criminal Revision Application No. 462/2010 by which the learned revisional Court has dismissed the said Revis...

Amrish N. Patel, Member, Jan Sangarsh Manch Vs. Commission of Inquiry ...

Court: Gujarat

Akil Kureshi, J. 1. Appellant original-petitioner had filed Special Civil Application No.12295 of 2009 challenging order dated 18.9.09 passed by respondent No.1 herein, Commission of Inquiry presided by Hon'ble Mr Justice G.T.Nanavati ('Commission' for short). The petition came to be dismissed by learned Single Judge by judgment dated 27.11.09. This Letters Patent Appeal is, therefore, directed against the said judgment dated 27.11.09. During the pendency of the proceedings, certain further developments took place which have also been brought on record through Civil Application No.12673 of 2010 which application for amendment was allowed by order dated 23.11.2010. Consequential pleadings and prayers have also been added. 2. On 27.2.2002, an incident of setting fire of Sabarmati Express Train near Godhra Railway Station took place resulting into unfortunate death of 58 persons. This unfortunate incident resulted into spread of communal violence in various parts of the State of Gujarat a...