Gujarat Court July 2012 Judgments
State of Gujarat Vs. Ramesh Nanji Luhar and Another
Court: Gujarat
Decided on: Jul-27-2012
Oral Judgment: 1. The present Appeal, under Section 378 of the Code of Criminal Procedure, is filed by the appellant State of Gujarat against the Judgment and order dated 10.02.1997 passed by learned Assistant Sessions Judge, Kutch - Bhuj, in Sessions Case No. 62 of 1995, whereby the learned Judge has acquitted the respondents original accused from the charges alleged against them. Against the said Judgment, the appellant State has filed present Appeal against respondents original accused. 2. The brief facts of the prosecution case are that the marriage of Kanta, the daughter of the complainant was solemnized with Ramesh, present respondent No.1 original accused No.1. It is alleged that after marriage, about 2 to 2-1/2 years, the victim was living happy married life in her in-laws place. However, thereafter, keeping some doubt about the character of the victim, the respondents were taunting her and the victim was frequently beaten by her husband. It is alleged that due to the ment...
Tag this Judgment!State of Gujarat Vs. Bhuresha Alhanashah Saiyed and Another
Court: Gujarat
Decided on: Jul-26-2012
Oral: A.L. Dave, J. This appeal arises out of the judgment and order rendered by the Sessions Court, Bharuch on 05/08/1998 in Sessions Case No.146 of 1995 acquitting the respondents of the charges relating to offences punishable under Sections 8 (C)), 22, 23 and 29 of the Narcotic Drugs and Psychotropic Substances Act (for short 'NDPS'). 2. As per the prosecution case, while Ismail Aadam Mitha (Tailor)- respondent No.2 was being interrogated, he disclosed certain information that present respondent No.1 was likely to come to Sitpon to collect the proceeds of sale of brown sugar sold earlier. The Police, therefore, organized a watch in presence of Panch Witnesses and intercepted respondent No.1. He was found to be carrying a bag on his shoulder wherefrom 910 grams of brown sugar was found from a polythene bag. Two samples of 5 Gram each were drawn therefrom and then the remaining quantity of 5 grams each were sealed and seized. FIR was lodged and respondents were arrested. The case was ...
Tag this Judgment!Chotalia Mahesh Manjibhai Vs. Gujarat Agro - Industries Corporation Li ...
Court: Gujarat
Decided on: Jul-17-2012
Oral Judgment: 1. Heard learned advocates for the parties. 2. During the course of submission, Ms. Davawala, learned advocate appearing for respondent Corporation submitted that in fact, the respondent employer has also filed Special Civil Application No. 315 of 2012 challenging the very award dated 24.10.2002 passed by the Labour Court, Ahmedabad in Reference L.C.A. No. 1270 of 1996, whereunder, the Court has awarded reinstatement with continuity of service and 50% of back wages to workman with costs of Rs.700/-. This petition of the employer being Special Civil Application No. 315 of 2012 is in fact dismissed by way of an order dated 10.04.2012 and copy is placed on record. She further submitted that she has received telephonic instructions from the concerned officer, who is competent to instruct her that the Corporation is contemplating to challenge said order and therefore, she requests that the court may not decide present matter and differ the hearing of the present petition or e...
Tag this Judgment!Pravinbhgai Laljibhai Sarvaiya Vs. State of Gujarat and Another
Court: Gujarat
Decided on: Jul-16-2012
Oral Judgment: 1. By way this Revision Application, original complainant has challenged the judgment and order dated 21.2.2011, passed by the learned Chief Judicial Magistrate, First Class, Amreli, in Criminal Case No.56 of 2009, by which the respondentaccused was acquitted from the offence under Sections 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act) for short) as well as the judgment and order dated 20.10.201, passed by the Sessions Judge, Amreli, in Criminal Appeal No.8 of 2011, by which the acquittal recorded by the learned Chief Judicial Magistrate, First Class, Amreli, has been confirmed. 2. Brief facts arising from the case are as under: That the applicant filed a complaint against the present respondent on 22.12.2008 in the court of learned Chief Judicial Magistrate, First Class, Amreli, which was initially numbered as Criminal Case No.148 of 2008 and subsequently numbered as Criminal Case No.56 of 2009, by which it was alleged that the accused...
Tag this Judgment!Bachubhai Kabai Baria Vs. the State of Gujarat
Court: Gujarat
Decided on: Jul-13-2012
J.B. Pardiwala, J. 1. By way of this appeal the appellant- original accused seeks to challenge judgment and order passed by Presiding Officer, Fast Track Court No. 3, Vadodara dated 22.12.2006 in Sessions Case No. 58 of 2006, convicting the accused-appellant for the offence of murder punishable under Section 302 of Indian Penal Code and sentencing the appellant to undergo life imprisonment. 2. The case of the prosecution in a nut shell is that PW-1 Nareshbhai Ratilal Baria, Exh. 9 lodged a First Information Report at Sankheda Police Station on 9.3.2006, inter alia alleging that on the date of the incident at around 9 Oclock in the morning he in the company of his wife and son went to their agricultural field. It is his case that at that point of time his mother, the deceased Diviben Ratilal Baria informed that after completing house hold work she would be going to the field for the purpose of cutting grass. It is the case of PW-1, son of the deceased that when they were working in the ...
Tag this Judgment!Somabhai Ganeshbhai Parmar Vs. State of Gujarat
Court: Gujarat
Decided on: Jul-13-2012
J.B. Pardiwala By way of this Appeal, the appellant-original accused seeks to challenge the judgment and order dated 25th January 2007 passed by the learned Sessions Judge, Vadodara in Sessions Case No.249 of 2005 and thereby convicting the accused-appellant for the offence punishable under Section 302 of IPC and sentencing the accused-appellant to undergo rigorous imprisonment for life with a fine of Rs.5,000=00. In default of payment of fine, to undergo simple imprisonment for a period of two years. I. Case of the Prosecution: Deceased Sudhaben was married to the accused past about five years from the date of incident. After marriage, she started residing at her matrimonial home with her father-in-law and mother-in-law. A baby girl named 'Divya' was born in the wedlock of the deceased and the accused. At the time of the incident baby Divya was aged about one and a half years. On 13th May 2005 sister-in-law of the deceased named 'Maniben' came from Vadodara at the house of the decease...
Tag this Judgment!Hikmatali Sherkhan Mewati Vs. State of Gujarat
Court: Gujarat
Decided on: Jul-13-2012
J.B. Pardiwala, J. 1. By way of this appeal, the appellant-original accused seeks to challenge judgment and order dated 9th March, 2006, passed by the learned Sessions Judge, Valsad, in Special Case No. 50 of 2006, convicting the accused-appellant for the offence of murder punishable under Section 302 of IPC and sentenced the accused to undergo life imprisonment with fine of Rs. 1,000/-. 2. The case of the prosecution in nutshell is that PW-1 Pravinbhai Chhanabhai Patel, Exh. 9 lodged a First Information Report Exh.10 on 2nd February, 2006 at around 23.45 hours stating that in the morning of 2nd February, 2006 at around 8' O Clock, he went to Bhadokmora Silvassa Road in his autorickshaw and at around 5' O Clock in the evening, he came home to have his food; after having food he once again left at around 6.30 in the evening in search of a customer as he was plying an autorickshaw and was earning his livelihood out of the same. At around 10.45 in the night, first informant's nephew named...
Tag this Judgment!Kanaksinh Somabhai Thakor Vs. Secretary and Others
Court: Gujarat
Decided on: Jul-06-2012
Oral Judgment: G.B. Shah, J. 1. By way of this petition, the petitioner has challenged the order dated 28.5.2009 passed by respondent No.3 by which the petitioner was terminated from the service. 2. The facts of the case in brief are that the petitioner was selected and recruited as Constable by the respondents after following all the due procedures including medical examination. Vide order dated 30.4.2008, the Chief Security Commissioner, Western Railway Head Quarter-respondent No.3, he was sent for initial training. It is the case of the petitioner that he was never asked whether any prosecution was launched against him. While undergoing training at the training institute, the petitioner was asked to fill in an attestation form dated 2.5.2008 in which in answer to the column Have you ever been prosecuted? and Is any case pending against you in any court of law at the time of filling up of this Attestation Form?, he answered both the questions in 'negative'. After submission of the At...
Tag this Judgment!Special Bureau of Investigation Thro' Chief Investigation Officer Vs. ...
Court: Gujarat
Decided on: Jul-05-2012
1. Present Criminal Miscellaneous Application in Special Criminal Application No.963 of 2007 has been preferred by the applicant herein Central Bureau of Investigation through Chief 1 of 4 CRIMINAL MISC.APPLICATION/9383/2012 11/01/2013 11:06:59 AM CR.MA/9383/2012 2/4 JUDGMENT Investigating Officer for appropriate order to extend further three months time for completing investigation pertaining to the RC3( S) 2011 SCIII/CBI New Delhi dated 15.7.2011. 2. Shri Y.N. Ravani, learned advocate of the applicant has requested to consider the prayer of applicant to grant three months more time to complete investigation. It is submitted that investigation with respect to the aforesaid complaint is in progress and as such during the investigation so far around 200 persons have been examined to find out the truth about the alleged encounter, however, despite the best efforts, the investigation could not be completed within stipulated period due to the following reasons: (i).The exhibits which were ...
Tag this Judgment!Madura Coats Private Limited Vs. Commissioner of Central Excise
Court: Gujarat
Decided on: Jul-03-2012
J.N. Patel, C.J. This is an application seeking clarification and/or modification of the judgment and order dated August 12, 2011 passed by this Court (Hon’ble Justice Bhaskar Bhattacharya and Hon’ble Justice Dr. Sambuddha Chakrabarti) in CEXA No.1 of 2008. It is the case of the petitioner that it had preferred an appeal under Section 35G of the Central Excise Act, 1944 against the order dated June 15, 2007 passed by the Customs, Excise and Service Tax Appellate Tribunal, East Zonal Bench, Kolkata (hereafter the ‘the Tribunal’) in Excise Appeal bearing No. EDM-641 of 2006 in so far as the Tribunal did not pass any direction for payment of interest in spite of holding that the petitioner was entitled to refund of the sum of Rs. 14.98 crore. The appeal was admitted by this Court on May 5, 2011 for hearing on the substantial question of law as to whether the Tribunal below committed substantial error of law in not passing any direction for payment of interest in fa...
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