Court : Gujarat
Decided on : Jan-09-1975
Reported in : AIR1976Guj29
J.M. Sheth, J.1. This appeal is directed against the judgment and decree Passed by the learned Civil Judge. Senior Division. Junagadh, in Special Civil Suit No. 58 of 1971. filed by the plaintiff-respondent against the appellants-defendants for recovery of Rs. 10,500/- by way of damages for malicious Prosecution.2. Appellant No. 1 B. L. Shukla was at the material time a police officer attached to Chorwad Police Station. Appellant No. 2 Kanaialal K. Vora was at the material time Deputy Superintendent of Police, Verav Sub-Division. These two Police officers were concerned with the investigation of the case registered at C. R. No. 101 of 1970 of Chorwad Police Station. In the course of an inquiry under Section 174 of the Criminal Procedure Code on the information lodged by one Bharatdas Shamdas, it transpired that Prabhudas Shamdas was murdered. His death took Place on the night between 26-101970 and 27-10-1970 between 11.00 p. m. and 2.00 a.m. On 29-10-1970 at 19-15 hours information was...
Tag this Judgment!Court : Gujarat
Decided on : Jan-10-1975
Reported in : (1976)17GLR231
P.D. Desai, J.1. Survey No. 3 admeasuring approximately 7. 51 acres situate in the Ahmedabad cantonment area is undisputedly owned by the union Government. The said land was leased to the petitioner from time to time since 1937. The last of such leases was for a period of five years commencing from June 1, 1968. The said lease expired on May 31, 1973. On May 29, 1973 the assistant military estates officer, the first respondent herein, issued a notice which was served upon the petitioner on May 30, 1973 calling upon him to handover vacant possession of the leased land on the date of the expiry of the lease. The petitioner has, thereupon, filed the present petition challenging the said notice.2. Two points were urged at the hearing of the petition. First, that the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as the tenancy Act) applied to the land in question and that the petitioner was a tenant entitled to the protection of the said Act and ...
Tag this Judgment!Court : Gujarat
Decided on : Jan-22-1975
Reported in : 1976CriLJ565; (1975)GLR699
Divan, C.J.1. The question regarding the scope of Section 428 of the Criminal P.C. 1973, is the principal question that is required to be decided in this matter. A Division Bench of this Court consisting of J. B. Mehta and P. D. Desai. JJ., before whom this Special Criminal Application came up for final hearing found that there was a conflict of decisions between different judgments delivered by this High Court. In Aditya Ramkrishna v. State, (1974) 15 Gui LR 670, the game Division Bench of J. B. Mehta and P. D. Desai, JJ. was dealing with a case where the sentence of imprisonment was imposed after the new Criminal P.C. of 1973 (hereinafter referred to as 'the new Code1) came into force. P. D. Desai, J., speaking for the Division Bench in that case had pointed out that Section 428 of the new Code imposes a duty on the authorities and a corresponding right on the accused person to have the period of detention during the investigation, inquiry or trial of a case set off against the term ...
Tag this Judgment!Court : Gujarat
Decided on : Feb-04-1975
Reported in : AIR1977Guj11; (1975)GLR572
..... code which is headed as 'information to the police and their powers to investigate.' sections 154 to 176 occur in this chapter and all these sections pertain to the collection of evidence during investigation. the procedure of arrest, detention and remand during the investigation is incorporated in section 167. a person cannot be detained in police custody beyond 24 hours of his arrest. such a person has to be produced before a magistrate. the magistrate before whom he may be produced may be the magistrate having jurisdiction to try the case or may be the magistrate ..... application for cancellation of bail under the provisions of sub-section (5) of section 437 of the code. it was argued that the effect of the deeming fiction contained in section 167(2)(a) is that only procedural provisions relating to bail and bonds contained in chapter xxxiii of the code are attracted in cases where the bail is granted under section 167 of the code. in support of this contention reliance was sought to be placed on the judgment of justice trivedi in criminal revision application no. 516 of 1974* (supra ..... an offence punishable with death or imprisonment for life. sub-section (2) of section 437 provides that, if it appears to such officer or court at any stage of inquiry or trial that there are not reasonable grounds for believing that the accused has committed a non-bailable offence, but that there are sufficient grounds for further inquiry, the accused shall pending inquiry be released on bail or at .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-04-1975
Reported in : (1975)16GLR572
..... section 167 are contained in chapter xii of the code which is headed as 'information to the police and their powers to investigate'. sections 154 to 176 occur in this chapter and all these sections pertain to the collection of evidence during investigation. the procedure of arrest, detention and remand during the investigation is incorporated in section 167. a person cannot be detained in police custody beyond 24 hours of his arrest. such a person has to be produced before a magistrate. the magistrate before whom he may be produced may be the magistrate having jurisdiction to try the case or may be the magistrate ..... of bail under the provisions of sub-section (5) of section 437 of the code. it was argued that the effect of the deeming fiction contained in section 167(2)(a) is that only procedural provisions relating to bail and bonds contained in chapter xxxiii of the code are attracted in cases where the bail is granted under section 167 of the code. in support of this contention reliance was sought to be placed on the judgment of justice trivedi in criminal revision application no. 516 of 1974 ..... punishable with death or imprisonment for life. sub-section (2) of section 437 provides that if it appears to such officer or court at any stage of inquiry or trial that there are not reasonable grounds for believing that the accused has committed a non-bailable offence, but that there are sufficient grounds for further inquiry, the accused shall pending inquiry be released on bail .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-14-1975
Reported in : 1975CriLJ1088
ORDERBaharul Islam, J.1. This is an application in revision and for quashing certain proceedings under Section 145 of the Code of Criminal Procedure, 1973 (hereinafter called 'the Code'). The dispute relates to a piece of land measuring one pan of land. The second party is the petitioner before this Court. The case of the first party was that he engaged the second party as tenant of the land for about 2 or 3 years, but he failed to pay the loushal and as such he does not like to keep him as a tenant and asked the first party in time not to cultivate the land. He apprehended breach of the peace when he went to cultivate the land and as such filed the application.2. Eventually, the Magistrate drew proceedings under Section 107 of the Code against the present petitioner by his order dated 28-3-1974 and by his order dated 3-8-1974 he directed him to-execute an interim bond of Rs. 1,000/- with one surety of like amount to keep the peace during the pendency of the case.3. When there is likel...
Tag this Judgment!Court : Gujarat
Decided on : Feb-27-1975
Reported in : (1976)17GLR172
J.M. Sheth, J.1. This appeal is directed against the judgment and decree passed by the learned judge of the city civil court, 5th court, Ahmedabad, in Civil Suit No. 1266 of 1965. The suit has been dismissed on a preliminary ground, that the suit is barred by limitation in view of the provisions of Section 161(1) of the Bombay police Act, 1951 (which will be hereinafter referred to the Act).2. Plaintiff-appellant Fatehsinh Madhusinh Rathod was, at the relevant time, working as a police sub-inspector and was made a member of the prohibition and gambling squad consisting of himself, three head constables and nine constables. The task of the said special squad was to detect and investigate prohibition and gambling offences committed within the city of Ahmedabad. According to the instructions issued by the Commissioner of Police by notice dated 26-5- 1960, the charge-sheets in respect of offences detected and investigated by the special squad had to be prepared and submitted by the respect...
Tag this Judgment!Court : Gujarat
Decided on : Mar-12-1975
Reported in : (1975)16GLR871
M.C. Trivedi, J.1. The applicants have filed this revision application against the order, dated 4th November 1974, passed by the learned Sessions Judge, Narol, in Criminal Revision Application No. 16 of 1974, which was filed in his Court, against the order passed by the learned Judicial Magistrate, First Class, Dehgam, on deputation to Narol, on 6-8-74, below application, Ex. 6, in Criminal Case No. 891 of 1973. It was a case filed against the applicants for offences under Sections 477, 506, etc. of the Indian Penal Code. It was filed on a police report. The complaint of the offence was filed in the police station on 3-3-73. The police took cognizance of the offence and carried out investigation. On completion of the investigation, charge-sheet was submitted against the applicants on 13-4-73. Admittedly, it was filed before the coming into force of Criminal Procedure Code, 1973, (hereinafter referred to as the new Code) which came into force from 1-4-74 Admittedly, the offence under Se...
Tag this Judgment!Court : Gujarat
Decided on : Mar-25-1975
Reported in : (1976)17GLR382
T.U. Mehta, J.1. The petitioners of both these writ petitions have challenged the constitutional vires of the Act known as Delhi Special Police Establishment Act, 1946 (Act No. 25 of 1946) and especially Sections 3, 5 and 6 thereof mainly on the ground that these provisions result in excessive delegation of legislative power to the Central Government and also result in encroachment over states power to legislate on the subject of police. This Act is hereinafter referred to either as the impugned Act or the Act.2. Short facts of the case are that the petitioners in both these petitions are limited concerns which run textile mills named the new swadeshi mills and manjushri textiles at Ahmedabad they admittedly belong to Birla group of mills.3. On 13th June, 1967, a first information report alleging the offences under Section 120B read with Section 420 I.P.C., Section 7 of essential commodities Act and Section 5(2) of Act II of 1947, was lodged against the management of these two mills an...
Tag this Judgment!Court : Gujarat
Decided on : Jun-20-1975
Reported in : (1975)16GLR982
A.N. Surti, J.1. Criminal Appeal No. 839 of 1974 is filed by the State of Gujarat against the order of acquittal passed in favour of respondent No. 1 (hereinafter referred to as original accused) by the learned Sessions Judge, Surendranagar in Criminal Appeal No. 30 of 1974, which arose out of an order of conviction and sentence passed by the learned Judicial Magistrate, First Class, Wadhwan, in Criminal Case No. 233 of 1973, for the commission of an offence punishable under bye-law No. 15 read with bye-law No. 12 of 'the bye-laws regarding octroi of Wadhwan City Municipality (hereinafter referred to as 'the bye-laws'). The learned Magistrate had sentenced original accused to pay a fine of Rs. 75/- in default to suffer S. I. for seven days for the commission of the aforesaid offence.2. The Original complainant filed Miscellaneous Criminal Application No. 613 of 1974 in this Court, as he was aggrieved by the aforesaid order of acquittal, and the same is placed for admission before us at...
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