Court : Gujarat
Decided on : Mar-22-2006
Reported in : 2006CriLJ3252
..... .16. in view of above observations, the present appeal is here partly allowed. the judgment and order convicting the appellant-orig.accused for the offence punishable under section 376 of the indian penal code is hereby confirmed. however, the order of sentence sentencing the appellant-orig. accused to undergo rigorous imprisonment for 10 years is ..... quantum of punishment. this is not a case of offender or sex maniac. iii. lack of sex education in schools sometimes leads to such type of offending acts and the appellant-orig. accused practically appears to be illiterate. so it was possible for the learned trial judge to consider whether it is possible to impose minimum ..... laboratory. the appellant, by the time on completion of the basic investigation, was chargesheeted by the police and ultimately, tried and convicted. 7. to prove the offending act of rape, the prosecution has examined victim ganga vide ex.24; pw-3-niruben-maternal aunt of victim ganga vide ex.11 and pw-3-ranuben, mother of .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-27-2006
Reported in : AIR2006Guj97
..... bursting of crackers on public streets. it has been stated that, in pursuance of powers given to the commissioner of police, ahmedabad city, under the provisions of section 33 of the bombay police act, an order dated 13.11.1997 had been issued by him, whereby it has been ordered that crackers should not be bursted on public streets in the city .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-31-2006
Reported in : 2006ACJ2222
..... the labour court while adjudicating upon a penal termination of service of a workman either under section 10 or under section 33 of the industrial disputes act to call upon the employer to adduce additional evidence to substantiate the charge of misconduct by giving some specific opportunity after decision on the ..... . in our view, it cannot be pressed into service in the facts and circumstances of the present appeals. that is a case under section 33(2)(b) and section 10 of the industrial disputes act and which turns upon its own facts. the supreme court came to the conclusion that no duty is cast on the industrial tribunal or ..... appellant that no evidence can be adduced on facts which have not been specifically pleaded is concerned, it is relevant to keep in mind that the motor vehicles act is a beneficial piece of legislation and such a hyper-technical approach is not warranted in order to forward the aims and objects of this statute and to give .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-27-2006
Reported in : 2006(199)ELT39(Guj)
..... respect of the obligation with which the machinery has been purchased by the petitioner under the provisions of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002. after purchase of the machinery in question, the petitioner has undertaken to fulfill the obligation with regard to export of yarn, which was to be manufactured with help of .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-01-2006
Reported in : (2006)3GLR2458
..... thereafter. it is true that this is a case wherein the magisterial court itself can commit the case to the court of sessions by passing orders under section 209 of the code of criminal procedure, 1973 when the actual offence committed by the accused is graver in nature than charge-sheeted actually without ordering further ..... medical certificate from the hospital for such a long period. in grave injury cases, the police should take initiative to obtain certificate of injury so that appropriate sections can be applied, if not applied earlier and the concerned court can be informed by a supplementary report as to the alteration or addition made in the charge ..... the respondent-accused, has fairly submitted that as per the instructions received by her, the police has not charge-sheeted the accused for the offence punishable under section 307 and/or 326 of the indian penal code. one copy of the injury certificate produced with the petition vide annexure-b inter alia reveals the following .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-05-2006
Reported in : 2006CriLJ4797; (2007)1GLR39
..... therefore, we are of the view that the trial court was justified in convicting the appellant for offence of murder. 16. likewise, the notification under section 37 of the bombay police act is produced on record at ex. 15 through witness bharatbhai gordhanbhai, ex. 14. it is clear that the notification was in force for the area ..... has taken into consideration all these aspects and has then recorded conviction for the offence of murder. the prosecution has also established that notification under section 37(1) of the bombay police act was in force at the time of incident for the area in question by examining bharatbhai gordhanbhai and producing the copy of the notification at ..... indian penal code and ordered to undergo rigorous imprisonment for life. the appellant also came to be convicted for an offence punishable under section 135(1) read with section 37(1) of the bombay police act and came to be sentenced to undergo simple imprisonment for 1 year and to pay fine of rs. 200/- and in default, .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-10-2006
Reported in : AIR2007Guj23
..... of the applicant about determination of right of the plaintiff to prefer the present admiralty suit in absence of registration of partnership deed and requirement of fulfillment of section 69 of the partnership act and applicability of rules framed by high court of bombay in case of admiralty proceedings do not require any further scrutiny since the court is satisfied on other ..... of fact, would result in a lopsided trial of the suit.though there has been a slight amendment in the language of order 14 rule 2 cpc by the amending act, 1976 but the principle enunciated in the abovequoted decision still holds good and there can be no departure from the principle that the code confers no jurisdiction upon the court .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-10-2006
Reported in : 2007CriLJ1539
..... learned special judge, surendranagar, vide his judgment and order dated 07th march, 1990 for the offences punishable under section 5(2) read with section 5(1)(d) of the prevention of corruption act (hereinafter referred to as 'the act'). at the conclusion of the trial of sessions case no. 2 of 1987, the appellant is sentenced to ..... 1987, whereby the learned trial judge has convicted the appellant-accused for the offence punishable under section 161 of the indian penal code and also under section 5(1)(d) read with section 5(2) of the prevention of corruption act, is hereby confirmed. the order passed by the learned trial judge not to award separate sentence ..... payment of fine to undergo simple imprisonment for three months for the offence punishable under section 5(1)(d) read with section 5(2) of the prevention of corruption act and the sentence of one year for the offence punishable under section 161 of the indian penal code, the appellant-accused is ordered to undergo rigorous imprisonment .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-09-2006
Reported in : II(2008)DMC341
..... the status of an illegitimate child of the petitioner. both the lower courts apparently lost sight of the word 'his' occurring in sub-clause (b) of sub-section (1) of section 125 of cr.p.c. therefore, an error of law apparent on the face of the record appears to have crept into the orders of both the lower ..... entitled to maintenance from the petitioner who was the husband for the time being but certainly not the father of the child. he submitted that the provisions of section 125 of cr.p.c. entitled even an illegitimate minor child to maintenance from a person provided the child was a legitimate or an illegitimate minor child of that ..... be paid rs. 200 by way of maintenance. the revision application of the petitioner, preferred from the said order, was rejected on the ground that the provisions of section 125 of the code of criminal procedure entitled even an illegitimate minor child to a reasonable amount of maintenance. the revisional court observed that the subject of legitimacy could .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-07-2006
Reported in : 2006CriLJ4443
..... disclosure statement given by the accused. after recording of the evidence of prosecution witnesses was over, the learned judge recorded the statement of the appellant-accused under section 313 of the criminal procedure code. in their further statement, the appellants-accused denied the case of the prosecution and stated that they have been falsely implicated in ..... of three months recorded by the learned sessions judge, ahmedabad (rural) in sessions case no. 24 of 1997, in the present appeal which is filed under section 374(2) of the code of criminal procedure, 19732. the prosecution case, in a nutshell, can be stated as follows:2.1 the incident in question ..... .f.c., dhandhuka for the offences punishable under section 302 read with sections 149, 506(2) and also under section 135(1) read with section 135(1)(d) of the bombay police act. the accused no. 1 was also charge-sheeted for an offence punishable under section 30 of the arms act. as the offences in question were exclusively triable .....
Tag this Judgment!