Court : Gujarat
Decided on : Jan-07-1992
Reported in : (1992)2GLR1204; (1993)2GLR1713
S.D. Shah, J.1. The petitioner in Special Civil Application No. 412 of 1991 is Ramjibhai M. Patel, Sarpanch of Manud Gram Panchayat, Patan Taluka of Mehsana District. The petitioner in Special Civil Application No. 413 of 1991 is Shankarbhai N. Patel who is Upa-Sarpanch of said Gram Panchayat.2. Both these petitions are directed against the order of suspension passed by the District Development Officer, Mehsana-the second respondent herein on 12-10-1987 under Section 51(1) of the Gujarat Panchayats Act, 1961 (hereinafter referred to as 'the said Act'). The said order of suspension was challenged by the petitioner in each petition by preferring appeal to the Additional Development Commissioner-the respondent No. 1 herein under Section 51(3) of the said Act and said order of suspension is confirmed by the appellate authority by judgment and order, dated 29-12-1990.3. Being aggrieved by the order passed by the Additional Development Commissioner on 29-12-1990 confirming the order of the D...
Tag this Judgment!Court : Gujarat
Decided on : Jan-18-1992
Reported in : (1992)2GLR1460; (1992)2GLR1471
ORDER Food & Civil Supplies Department 14, Sardar Bhavan, 6th Floor, Sachivalaya, GANDHINAGAR. Dated 30th October, 1991.No. PRL/1191/2 72/Spl: In exercise of the powers conferred by Section 15 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 (No. 7 of 1980), the Government of Gujarat, hereby directs that the person known as Shri Dilipkumar Amratlal Ganatra, in respect of whom a Detention Order No. DTN/ECA/10/91, dated 9-9-1991 shall be granted parole to the detenu for a period of 7 days (seven days), i.e., from 4th November, 1991 to 10th November, 1991 on his agreeing to abide by the conditions specified below:(1) He shall be of good bahaviour during the period of his temporary release from his detention (hereinafter referred to as the said period).(2) He shall not attend to his business nor indulge in any activity which may be prejudicial to the maintenance of supplies of essential commodities during the said period.(3) During the...
Tag this Judgment!Court : Gujarat
Decided on : Jan-20-1992
Reported in : (1992)2GLR847; (1995)IIILLJ527Guj
Divecha, J.1. By means of this petition under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the correctness of the Judgment and order passed by the Authority under the Minimum Wages Act, 1948 (the Act for brief) on 30th October, 1979 in Minimum Wages Miscellaneous Applications Nos. 2 to 7 of 1978. Thereunder the Authority under the Act accepted the claim of each individual workman to the extent of the short payment made to him by the petitioner and also awarded compensation to the tune of four times the excess amount awarded to him thereunder. A copy of the Judgment and order passed by the Authority under the Act is annexed as Exh. 'A' to this petition. In the process of challenging the Judgment and order at Exh. 'A' to this petition, the petitioner has also sought declaration that provisions contained in Section 20(3)(i) of the Act are ultra vires Article 14 of the Constitution of India.2. The facts giving rise to this petition are not many. Responde...
Tag this Judgment!Court : Gujarat
Decided on : Feb-14-1992
Reported in : (1993)1GLR523
K.J. Vaidya, J. 1. The petitioner Thakore Laxmanji alias Angi Rajuji, who came to be arrested on 30-9-1991 alongwith three other accused persons in connection with C.R. No. 147 of 1991, for causing injuries to one Makwana Jagdish Shankar for the alleged offences punishable under Sections 323, 326 and 114 of the I.P.C., Section 135 of the Bombay Police Act, 1951, and Section 3(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, has by this Misc. Criminal Application moved this Court for getting himself released on bail challenging the impugned judgment and order dated 8-10-1991 rendered in Misc. Criminal Application No. 36 of 1991, by the learned Sessions Judge, Mehsana, whereby his bail application came to be dismissed.2. Few relevant facts : According to the complainant Makwana Jagdish Shankar, on 19-9-1991, at about 17-30 hours, when he was sitting near 'Manish Pan Centre' chit-chatting with some of his friends, the petitioner alongwith other three ...
Tag this Judgment!Court : Gujarat
Decided on : Feb-26-1992
Reported in : 1992CriLJ2103; (1992)1GLR777
ORDERJ.N. Bhatt, J.1. The petitioner has challenged the order passed by Metropolitan Magistrate (Court No. 15), Ahmedabad, on 30-6-1985 in a Criminal Case No. 3198 of 1982, by invoking the aids of the provisions of Section 397 read with Section 401 of the Code of the Criminal Procedure 1973 ('Code' for short hereinafter).2. The facts giving rise to the present revision, may be stated, at this stage. The petitioner filed criminal case No. 3198 of 1983 in the Metropolitan Magistrate Court, Ahmedabad againstt the respondents Nos. 1 to 5 for the offences punishable under Section 42 of the Gujarat Ownership Flats Act, 1973. The trial Magistrate after taking cognizance issued notice to the respondents. The evidence of the complainant was also recorded by the Trial Magistrate. During the course of the recording of the evidence of the complainant, respondents Nos. 1 to 5, who are original accused persons in that criminal case submitted an application, dated 17/4/1984, requesting the criminal C...
Tag this Judgment!Court : Gujarat
Decided on : Feb-26-1992
Reported in : (1992)2GLR832
B.C. Patel, J.1. Mr. Anandjiwala, learned Counsel has preferred this bail application. He has relied upon First Information Report (Annexure 'A') and the order passed by learned Additional Sessions Judge in bail application No. 86 of 1992 for enlarging the petitioner on bail (Annexure 'B'). After perusing the said documents, as this Court was not inclined to admit the matter, the learned Counsel requested the Court to permit him to withdraw the application on the ground that if permission is not granted, he will not be in a position to file another bail application.2. Section 156 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') empowers the Police officer to investigate any cognizable case. Section 157 of the Code contemplates procedure for investigation. Sections 158, 159, 160 and 161 of the Code empower the Police officer to forward his report, hold investigation or preliminary inquiry and it also empowers him to call upon any person being acquainted with the...
Tag this Judgment!Court : Gujarat
Decided on : Mar-03-1992
Reported in : (1992)2GLR1569
J.N. Bhatt, J.1. The petitioner who is an original complainant has assailed the order passed below Exh. 8 in Criminal Case No. 32 of 1987 by the learned J.M.F.C. Bajana on 16-9-1987, under the provisions of Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (Code for short). A resume of the relevant facts may briefly be stated at this stage.2. The petitioner who is an original complainant filed a criminal complaint against the opponents Nos. 1 to 4 who are original accused persons Nos. 1 to 4, in the Court of Judicial Magistrate First Class, Bajana for the offences punishable under Sections 170, 341, 342, 347, 348, 350, 504, 120-B and 34 of the Indian Penal Code. The learned trial Magistrate was pleased to refer the complaint to Police for Investigation by invoking the provisions of Section 156(3) of the Code.3. Upon the investigation by the Police, charge-sheet was submitted against the opponents Nos. 1 to 4 for various offences and the case was registered as Cr...
Tag this Judgment!Court : Gujarat
Decided on : Mar-04-1992
Reported in : 1992CriLJ2383
J.N. Bhatt, J.1. The appellant State has challenged the acquittal order passed by the learned Judicial Magistrate, First Class, at Surat, in Criminal Case No. 5152 of 1982 on 20-9-1983 by filing this appeal Under Section 378 of the Code of Criminal Procedure ('Code' for short). The respondent is the original accused who was charged in the Court of Learned' J.M.F.C. for the offence punishable Under Section 30 of the Gujarat Medical Practitioners' Act, 1963 ('Act' for short). According to the prosecution case, on 7-6-1982 one P.S.I. Bhagirathsinh Jashwantsingh had visited the residential premises of accused and carried out the search in presence of panchas. It is a prosecution version that in course of the search, medical case papers containing names of patients and prescriptions written by the accused and bills of medicines purchased by the accused were found. It was further alleged that several scheduled drugs, syringe for giving injection, instruments, usually, kept in dispensary and ...
Tag this Judgment!Court : Gujarat
Decided on : Mar-06-1992
Reported in : 1992CriLJ2689
J.N. Bhatt, J.1. The appellant State has assailed the acquittal order passed by the learned Judicial Magistrate, First Class, Mangrol, in criminal case No. 527 of 1980 on 28-4-1983, by invoking the aids of the provisions of Section 379 of the Code of Criminal Procedure ('Code' for short Hereinafter).In this appeal, the respondent is the original accused who was charged for the offence punishable Under Section 408 of the Indian Penal Code. In that, it was alleged by the prosecution that the accused was working as a Principal of Sheriaj Rural Centre, primary basic School, at Mangrol, during the period from 31-3-1979 to 10-11-1979. The said school was run under the management of Shardagram Institute. According to the case of prosecution, during the aforesaid period, the accused in his capacity as Principal of the said school committed criminal breach of trust by misappropriating an amount of Rs. 300/- which came to him for the purpose of giving scholarship to the students of the school. T...
Tag this Judgment!Court : Gujarat
Decided on : Mar-06-1992
Reported in : 1992CriLJ3298
..... during the course of the investigation. the statement made by the witness during the course of the investigation is governed by section 162 of the code of criminal procedure and only the limited use of such a statement is to contradict the maker of the statement, when he is examined ..... near the exit wound at the fourth intercostal space. the right side fourth rib was ruptured. the cause of death was shock and haemorrhage due to injury to the right lung and the heart. thus, even gordhan lakha was ..... magistrate that ragho prasad be treated as being in the court's custody and the arrangements made for his guard may be approved. the magistrate accepted that request. the police officer's report was clearly intended as a compliance of the provisions of the code of criminal procedure directing that an arrested person should be made over to the magistrate ..... size paper runs into 1260 pages. on inquiry from the office, we have learnt that the preparation of the paper book itself took about an year. taking all these facts into consideration, the contention made ..... inline case of dalip singh (1953 cri lj 1465) and the other in the case of kodavandi moideen (1973 cri lj 671), clearly indicate that interference will be justified, when the sentence is manifestly inadequate or ..... inflicting death penalty. that argument is also wholly irrelevant. we have seen earlier in some of the judgments that such compassionate grounds would be available in most cases. however they would be irrelevant.176. the learned .....
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