Gujarat Court September 2012 Judgments
Trikambhai Kavabhai Vs. State of Gujarat and Another
Court: Gujarat
Decided on: Sep-27-2012
Oral Judgment: 1. The present Criminal Revision Application under Section 397 read with Section 401 of the Code of Criminal Procedure has been preferred by the applicant-original complainant to quash and set aside the impugned order passed by the learned Additional Sessions Judge, Fast Track Court No. 2, Bhavnagar dated 08/12/2003 below Exh. 5 in Sessions Case No. 72/2003 by which an application submitted by the respondent-original accused, who was pressing the charge for the offence under Section 302 of the Indian Penal Code to declare him as juvenile under Section 49 of the Juvenile Justice Act (hereinafter referred to as "the Act"), is allowed declaring the respondent original accused to be juvenile at the time when the alleged offence under Section 302 of the Indian Penal Code was committed. 2. For the offence under Section 302 of the Indian Penal Code alleged to have happened on 05/01/2003, the respondent-original accused was charge sheeted. It appears that the case was committed ...
Tag this Judgment!Gujarat Industrial Security Force Soceity Vs. Workmen Represented by G ...
Court: Gujarat
Decided on: Sep-26-2012
Bhaskar Bhattacharya, C.J. 1. By this application under Article 227 of the Constitution of India, the petitioner has prayed for setting aside the order dated February 22, 2012 passed by the Industrial Tribunal, Ahmedabad, below Exh. 13 in Reference (IT) No. 180 of 2011. By the said order, the Tribunal has granted interim relief of wage-rise of Rs.500/- a month to all the workmen and annual increment in wages at the rate of Rs.100/- for each completed year of service. The Tribunal further directed that the arrears should be paid with effect from 1st November 2011. The Tribunal also granted interim relief to extend leave benefits as per the provisions of the Bombay Shops and Establishment Act and for making payment of wages in accordance with Payment of Wages Act, 1936, to issue pay-slips. 2. Being dissatisfied, the petitioner has come up with the present application under Article 227 of the Constitution of India. 3. The facts giving rise to the filing of the present writ-application may...
Tag this Judgment!Patel Mukeshkumar Shivabhai Vs. State of Gujarat
Court: Gujarat
Decided on: Sep-26-2012
BHASKAR BHATTACHARYA, C.J:- 1. This appeal is at the instance of a convicted person and is directed against the order of conviction and the consequent sentence dated June 20, 2006, passed by the learned Principal Sessions Judge, Mehsana, in Sessions Case No. 24 of 2006, by which the learned Sessions Judge found the appellant guilty of murder under Section 302 of the Indian Penal Code [IPC for short] and sentenced him to undergo life imprisonment and a fine of Rs. 5,000/-. It was stipulated that in default of payment of fine, the accused should suffer imprisonment for further six months. 2. The case made out by the prosecution may be summed up thus:- 2.1 One Kantaben Kantiji Thakore, residing at Langnaj, had lodged a complaint on November 30, 2005, by which she stated that her husband had died three years earlier and had two sons and one daughter. Her parents had already died and she had three other married sisters and one brother. The complainant was living with her brother and the sai...
Tag this Judgment!Nayanaben Yogendrabhai Pandya Vs. State of Gujarat and Others
Court: Gujarat
Decided on: Sep-24-2012
G.B. SHAH, J. 1. By way of present appeal, the appellant has sought to challenge the judgment and order dated 28/07/2009 passed by the learned Single Judge of this Court in Special Civil Application No. 8517 of 1993, by which the learned Single Judge was pleased to dismiss the said petition. In the Special Civil Application it was prayed to set aside the order dated 0910/ 05/1984 appointing the present appellant original petitioner on compassionate ground with condition therein that she has to pass the Pre service Training Examination and further to give the petitioner fourth chance of appearing in the Pre service Training Examination. 2. Learned counsel Ms. Pandya, appearing on behalf of the petitioner, submitted that the petitioner was given appointment on compassionate ground and the petitioner being a widow, she was required to be given additional chance to clear the Pre Service Training Examination, which in the present case, was not given. She submitted that, for the appointment...
Tag this Judgment!Jayendra @ Somsinh Dipsinh Rathod Vs. State of Gujarat
Court: Gujarat
Decided on: Sep-24-2012
Oral Judgment: Jayant Patel, J. 1. The complaint (Exhibit-50) was filed by the victim-Kokilaben, while she was alive, after sustaining burn injuries that in the neighboring house to her, one Jayendra @ Somsinh, who is son of the brother of her father-in-law is staying with his family and there were disputes between her family and the family of the brother of father-in-law. But, the matter used to be settled and no police case was registered. However, the accused, Jayendra @ Somsinh, used to give threats repeatedly in connection with the said dispute. On the date of incident, during evening time at about 10:00 p.m., when she had gone to give fodder to the buffaloes in the yard attached with her residence, there was darkness and she was unable to see anybody. But, after providing fodder to the buffaloes, while she was going inside the house, the accused, Jayendra @ Somsinh, who was standing there with one kerba, caught hold of her 'Chotla' and started saying that she and her husband were...
Tag this Judgment!State of Gujarat Vs. Suraj @ Shant Pannabhai Solanki
Court: Gujarat
Decided on: Sep-21-2012
Oral Judgment: A.L. Dave, J. 1. These two appeals arise out of a judgment and order rendered by City Sessions Court, Ahmedabad, in Sessions Case No. 266 of 2003, on August 20, 2004. 2. The appellant Hashmukhbhai @ Shethi Shankarbhai Solanki, appellant in Criminal Appeal No. 250 of 2005, came to be arraigned as an accused No.1 before the trial court and the respondent in Criminal Appeal No. 2211 of 2004 viz. Suraj @ Shant Pannabhai Solanki came to be arraigned as accused No.2 before the trial court. They were alleged to have committed murder of Chimanbhai Narsinhbhai on November 25, 2001 at about 18:30 hours on G. D. Road, Saijpur, Vijay Kamdar Society, where it is alleged that Suraj @ Shant Pannabhai Solanki caught hold of the deceased and Hasmukh @ Shethi Solanki inflicted a knife blow on account of past animosity. An FIR was lodged by brother of the deceased Mahendrabhai with Naroda police station on the basis of which offence was registered and investigated and ultimately charge she...
Tag this Judgment!Patel Mukeshkumar Karshanbhai Vs. Regional Passport Authority
Court: Gujarat
Decided on: Sep-20-2012
Oral Judgment 1. Rule. Mr. Hriday Buch, learned Central Government Standing Counsel, waives service of notice of Rule, for the respondent. On the facts and in the circumstances of the case, and with the consent of the learned advocates for the respective parties, the petition is being finally heard and decided. 2. This petition under Article 226 of the Constitution of India has been preferred with a prayer to direct the respondent Regional Passport Authority to renew the Passport, incorporating therein the name of the adoptive father of the petitioner, and to quash and set aside the Communication dated 29-03-2011, whereby the application of the petitioner dated 07-03-2011, has been rejected on the sole ground that the adoption of the petitioner has not been done in accordance with the requirements of Section 10(iv) of the Hindu Adoptions and Maintenance Act, 1956 (The Adoptions and Maintenance Act for short). 3. The case of the petitioner, as set out in the petition, is that the petiti...
Tag this Judgment!Guj State Textile Corp. and Officers and Techn. Union and Others Vs. G ...
Court: Gujarat
Decided on: Sep-12-2012
1. Is the act of Gujarat State Textile Corporation Limited (Wound-up in pursuance of the order passed by this Court in Company Petition No. 205/1996 dated 06.02.1997) of denying the benefits of Third, Fourth and Fifth Pay Commissions to the members of petitioner no.1-Union violative of Articles 14 and 16 of the Constitution of India, is the question that has come up for consideration of this Court in the present petition. 2. The Government of Gujarat enacted The Gujarat Closed Textile Undertakings (Nationalisation) Act, 1986 for acquisition and transfer of closed textile undertakings and for ascertainment of right, title and interest of the owners in respect of such undertakings in order to re-organise and re-construct such undertakings into viable units. According to Section 3(1) of the Act, every specified textile undertaking and the right, title and interest of the owner in relation to every such textile undertaking, shall stand transferred and vested absolutely in the State Governm...
Tag this Judgment!Patel Chhotalal Somchand Vs. Patel Chandubhai Somchand
Court: Gujarat
Decided on: Sep-11-2012
Oral Judgment: [1] This appeal under Section 100 of the Civil Procedure Code is at the instance of the original plaintiff, who filed the suit being Regular Civil Suit No.118 of 1984 for partition of land bearing survey No.84 admeasuring 1 Acre 3 Guntha, situated in the sim of Village : Anandpura, Taluka : Kadi, District : Mehsana. [2] As per the case of the appellant in the plaint, there was an agreement entered into between the parties for division of the ancestral property on 10.05.1976. The properties which were mentioned in the said agreement, are the ancestral properties. As regards the suit property, the appellant as well as respondent have equal share in the property after the death of their mother. Till the death of mother, both the brothers were to equal share in the expenses for looking after the mother. The mother of both the parties expired on 03.08.1981 and though on the basis of the agreement, the appellant was entitled to get one half share in the suit property, yet the...
Tag this Judgment!Maldhanbhai Barot Vs. State of Gujarat and Another
Court: Gujarat
Decided on: Sep-07-2012
Cav Judgment: 1. The petitioner has challenged the order dated 12.7.2005 passed by the learned Metropolitan Magistrate, Court No.5, Ahmedabad in Inquiry Case No.33 of 1999 whereby the complaint filed by the petitioner is dismissed under section 203 of the Code of Criminal Procedure, 1973. 1.1 The petitioner filed the complaint on 2.7.1999 against respondent No.2 and 3 alleging that the respondents No.2 and 3 are father and son and they created forged documents for the purpose of getting admission in Ayurvedik College. It is stated in the complaint that though respondent NO.3 had passed 12th Standard in Science Stream in four trial, still, he presented false certificate of passing the examination within two trial only. It is the further case of the petitioner that the respondent no.2, by misuse of his position, got admission of respondent no.3 on the basis of forged certificate. Thus, respondent no.2 and 3 conspired for creation of fabricated and forged certificate in collusion with eac...
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