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Gujarat Court August 2012 Judgments

Aug 30 2012

Nathalal Punjabhai Chitroda Vs. Union of India, Through the Secretary ...

Court: Gujarat

Decided on: Aug-30-2012

Cav Judgment: (J.B. Pardiwala, J.) 1. By way of this petition under Article 226 of the Constitution of India, the petitioner-in-Person has prayed for a writ of mandamus or any other appropriate writ, order or direction on the respondents to provide for equal marriageable age in law for both, male and female, and to remove the discrimination between the male and female, irrespective of sex, gender, caste, race, religion, place of birth, insofar as it provides the age of 21 years for a male to get married and age of 18 years for a female to get married. The petitioner has also prayed for direction to the Commissioner of Health and Medical Services, State of Gujarat, to submit a status report of the action, if any, taken by the respondents pursuant to the letter dated June 05, 2010 of the respondent No.3 addressed to the petitioner. 2. The case as made out by the petitioner in this petition may be summarized as under: 2.1 The petitioner is serving as a Manager with the State Bank of India...

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Aug 30 2012

State of Gujarat Vs. Bhikhabhai Alias Bharatbhai Mandabhai Parmar

Court: Gujarat

Decided on: Aug-30-2012

Z.K. Saiyed, J. 1. The present Appeal, under Section 378(1)(3) of the Code of Criminal Procedure, is filed by the appellant State of Gujarat against the Judgment and order dated 13.04.2000 passed by learned Assistant Sessions Judge, Junagadh, in Sessions Case No. 39 of 1999, whereby the learned Judge has acquitted the respondent original accused from the charges alleged against him. 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 victim Neetaben, the daughter of the complainant was solemnized with the accused on 18.5.1998 i.e. prior to the date of incident. The accused respondent and the deceased were staying at Keshod. It is alleged that the deceased was used to meet her relatives at Keshod which was not liked by the accused. It is also alleged that the accused was doubting about the character of the deceased and, therefore, the deceased was harassed b...

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Aug 29 2012

Mukesh V. Chavda and Another Vs. State of Gujarat and Others

Court: Gujarat

Decided on: Aug-29-2012

The Chief Justice Bhaskar Bhattacharya: 1. In this Special Civil Application under Article 226 of the Constitution of India, the writ-petitioners, two in number, the first one being the elected President of Rajkot Parliament Youth Congress and other, being a Senate Member of Saurashtra University, have prayed for the following reliefs. [A]. Your Lordship be pleased to issue writ of mandamus or any other appropriate writs directing the Opponent No.2, Saurashtra University to act in accordance to the direction given by Chancellor of the Saurashtra University by its order dated 01st February, 2011 bearing No. G.S.11.2/158/16/2011. [B]. Your Lordship be pleased to issue directions, order or writ in the nature of quo-warranto or any other appropriate writ that the Opponent No.4, Mr. Gajendra Mulshankar Jani holding no requisite academic qualification or experience for the post of Registrar of the Saurashtra University and his appointment for the post of Registrar is illegal and he is not en...

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Aug 23 2012

Patan Municipality Thro'chief Officer Vs. State Of Gujarat and Another

Court: Gujarat

Decided on: Aug-23-2012

Oral Judgment: 1.0. Rule. Ms. C.M. Shah, learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent no.1 State and Shri Anvesh Vyas, learned advocate waives service of notice of Rule on behalf of respondent no.21of 15 original accused. In the facts and circumstances of the case and with the consent of the learned advocates for the respective parties, the application is taken up for final hearing today. 2.0. Present Criminal Revision Application under Section 397 r/w Section 401 of the Code of Criminal Procedure has been preferred by the petitioner herein original complainant Patan Municipality through his Chief Officer to quash and set aside the impugned judgment and order dated 3.5.2010 passed by the learned Chief Judicial Magistrate, Patan passed in Criminal Case No. 205 of 2001 by which the learned trial Court has acquitted the respondent no.2 herein original accused for the offence punishable under subsection (7) of Section 155 of the Gujarat...

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Aug 16 2012

Ramjibhai Shambhubhai Koradia and Another Vs. State of Gujarat Thro Ch ...

Court: Gujarat

Decided on: Aug-16-2012

Oral Judgment 1. Heard learned advocate Mr. T.K. Patel, learned advocate appearing for the petitioner and Mr. Alkesh N. Shah learned AGP for the respondent. 2. Rule. Learned AGP Mr. Alkesh N. Shah waives service of notice of rule on behalf of respondent state authority. 3. At the request of learned advocate for the petitioner and with consent of learned AGP, the petition is taken up for hearing and final decision today. 4. In present petition, the petitioner has prayed for below mentioned relief: 6(B) Issue a writ of certiorari or any other writ, order or direction quashing and setting aside the order dated: 01/05/2012 passed by Chief controlling revenue authority in Stamp/Appeal/28/2012/2358; 5. At the time of hearing, the petitioner requested for permission to amend the petition so as to amend paragraph No.6 and add request for further. The request was granted and the petitioner was permitted to amend the petition. Accordingly, paragraph No.6 (F) has been added, which reads thus: 6(F...

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Aug 07 2012

Manubhai Ratilal Patel Thro' Ushaben Manubhai Patel Vs. State of Gujar ...

Court: Gujarat

Decided on: Aug-07-2012

Oral Judgment: (A.L. Dave, J.) Apprehending arrest in connection with an offence registered with Pethapur Police Station vide CR No.I-56 of 2012 for offences punishable under Sections 467, 468, 471, 409 and 114 of the Indian Penal Code, the present petitioner preferred Criminal Misc. Application No.10303 of 2012 invoking the Section 482 of the Code of Criminal Procedure before this Court making following reliefs: 15. On the premises mentioned as above, the petitioner prays to Your Lordships that, A) Be pleased to admit this petition. B) Be pleased to quash and set aside the First Information Report being CR No.I-56 of 2012 with Pethapur Police Station against the petitioner. C) Pending admission and final disposal of the present petition be pleased to stay further order, proceedings in respect of investigation of CR No.I-56 of 2012 lodged with Pethapur Police Station. (D) Be pleased to pass such other and further orders as may be deemed fit and proper. 1.1 This petition was preferred o...

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Aug 06 2012

Gujarat Steel Tube Employees Union and Another Vs. O.L. of Gujarat Ste ...

Court: Gujarat

Decided on: Aug-06-2012

Oral Judgment: (I) Subject and Relief:- 1. The Applicant unions Gujarat Steel Tube Employees Union and Gujarat Mazdoor Sabha (hereinafter referred to as the applicant unions) have taken out Judges Summons dated 17.3.2008 which is registered as Company Application No.264 of 2008 under Section 456 (1) of the Companies Act (hereinafter referred to as the Act) seeking below mentioned relief and directions:- (A) The Hon'ble Court be pleased to direct the official liquidator of M/s. Gujarat Steel Tubes Ltd. To comply with directions and file his reports as per order of this Hon'ble Court in para 14 of the oral order dated 27th September, 2007 passed in Company Application No.444 of 2007 and allied matters and further be pleased to make the order of final disbursement on the basis of such report. (B).... 1.1 Heard Mr. Sinha, learned advocate for the applicant union and Mr. Hemang Shah, learned Advocate for the other union and Mr. Baxi, learned advocate for some of the workmen concerned in the...

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Aug 01 2012

Sardarsinh Laxmansinh Bariya Vs. State of Gujarat

Court: Gujarat

Decided on: Aug-01-2012

1. Both the above Appeals arise out of the one and the same Judgment and order dated 24.5.1999 passed by the learned Special Judge, Panchmahals at Godhra, in Special Case No.3 of 1995 and, therefore, they are heard and disposed of together by this common Judgment. 2. The appellantoriginal accused has preferred Criminal Appeal No. 543 of 1999, against the judgment and order of conviction and sentence dated 24.5.1999 passed by the learned Special Judge, Panchmahals at Godhra, in Special Case No. 3 of 1995, whereby, the learned Special Judge has convicted the appellantaccused for the offence under sec. 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act and sentenced him to undergo R.I. of 1 (one) year and to pay a fine of Rs. 1000/-, in default, to undergo further R.I. for three months on first count and also sentenced to suffer R.I. for one year and to pay a fine of Rs.1000/-, in default, further RI for 3 months on the second count. The learned Judge has ordered that...

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