Court : Gujarat
Reported in : 2009CriLJ4095
..... cloths, arrest panchnama, discovery of cloths, panchnama for discovery of weapon, panchnama of the scene of offence and other relevant documents.4. the learned sessions judge thereafter recorded the statement of the accused under section 313 of the crpc, wherein both the accused denied evidence against them and in the further statement, the ..... 94/00. 3. the investigation was made in connection with the said complaint and thereafter, the charge-sheet was filed before the learned sessions judge. before the learned sessions judge, the prosecution in order to prove the guilt of the accused, examined 13 witnesses and also produced the documentary evidence including complaint, the inquest ..... that there is no evidence produced for the offence under section 135 of the bombay police act and therefore, he acquitted the accused for the offence under section 135 of the b.p. act. the learned sessions judge thereafter, also heard on the aspects of imposition of sentence and has imposed sentence of life .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)3GLR2283
..... the appellant-accused, has resulted into the provocation and the incident ultimately has resulted into the death of the deceased. it was therefore submitted that the learned sessions judge has committed error for convicting the accused for the offence under section 302 of the i.p.c., though it was a case falling under section 304, part ..... in support of its case, examined 9 witnesses and had also produced 13 documentary evidences in support of its case. after the evidence was over, the learned sessions judge also recorded the statement of the accused under section 313 of the cr.p.c. and in the further statement, the accused denied the evidence against him and he ..... is directed against the judgment and order passed by the learned sessions judge, in session case no. 39 of 2001, whereby the appellant-accused has been convicted for the offence under section 302 of the indian penal code read with section 135 of the bombay police act and the sentence has been imposed for life imprisonment with the .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)2GLR1450
..... to between the workman and his employer providing for the payment of compensation in respect of the inquiry in accordance with the provisions of this act.19. reference to commissioners.- (1) if any question arises in any proceedings under this act as to the liability of any person to pay compensation (including any question as to whether ..... . : air 1933 pc 63. a proceeding for compensation made under the workmen's compensation act or under the motor vehicles act cannot be confused with a suit. that ingredient of section 3(5) has apparently not been noticed by the learned judges in the cases cited before us. moreover, when the madhya pradesh high court in radhabai bhikhaji ..... a duplication of proceedings it was apparently not pointed out to the learned judges that there is no duplication in the true sense, and that the claim under the workmen's compensation act is based on a statutory liability while that under the motor vehicles act rests on liability in tort. in shardaben v. m.i. pandya 1971 .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)3GLR2086
..... he never made any such concession and invited us to peruse the written submission made by him in the high court. we are afraid that we cannot launch into an inquiry as to what transpired in the high court. it is simply not done. public policy bars us. judicial decorum restrains us. matters of judicial record are unquestionable. they are ..... there and who appeared for shri antulay before us to peruse the written submissions made by him in the high court. we are afraid that we cannot launch into an inquiry as to what transpired in the high court. it is simply not done. public policy bars us. judicial decorum restrains us. matters of judicial record are unquestionable. they are ..... . v. mellor 1858 (7) cox cc 454 martin b. was reported to have said : 'we must consider the statement of the learned judge as absolute verity and we ought to take his statement precisely as a record and act on it in the same manner as on a record of court which of itself implies an absolute verity.5. in king emperor .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)2GLR1391
..... , but it was not necessary for the plaintiffs to file two different suits one for partition and other for maintenance under section 19 of the act. it is further submitted that the learned judge has jurisdiction to deal with the application exh. 19, and therefore, it cannot be said that the order passed below exh. 19 is without ..... allowed. the say of the defendants is that plaintiffs have filed the suit in form of pursis on 16-12-1998, and thereafter, on completion of due inquiry the court registered the suit as special civil suit no. 122 of 1999 and the plaintiffs-respondents herein are entitled for maintenance from the date of filing of the ..... the order passed below application exh. 5. the order passed below application exh. 5 is binding to all defendants.18. while rejecting application exh. 64, the learned judge has thoroughly discussed the argument, but the court was not convinced that the order passed below application exh. 5 is void and ab initio. the court has considered proceedings .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)3GLR2167
..... did not take decision of levying taxes on lands and buildings as was incumbent upon it under the provisions of section 178(1) of the said act. the learned single judge observed that the duty to levy a tax on buildings and lands was statutorily cast upon a gram panchayat by the mandatory provisions of section 178 ..... : 1980 (2) scc 437, the apex court has made the following pertinent observations:article 226 grants an extraordinary remedy which is essentially discretionary although founded on legal inquiry. it is perfectly open for the court, exercising this flexible power, to pass such order as public interest dictates and equity projects:courts of equity may, and frequently ..... of duration of such panchayat whichever is less;provided further that the state government may subject to the preceding proviso from time to time after making such inquiry as it may consider necessary by an order published in the official gazette extend the period of supersession of such panchayat until such date as may .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)2GLR1255
..... present before the revisional authority and the matter was kept back till 2-30 p.m. the matter was thereafter heard. however, no specific date was given and on inquiry being made by the petitioners on 5-6-2007, it was learn that an order was passed on 28-5-2007 in favour of the respondent no. 2 granting ..... 2007. misc. civil application no. 69 of 2007 preferred by the respondent nos. 2.1 to 2.6 against this order was dismissed by the learned fast track court judge, gandhinagar vide his order dated 28-11-2007.11. mr. patel has further submitted that the impugned orders are non-speaking and unreasoned orders, and hence, they are ..... proceedings as fragmentation, is in fact, not in the fragmentation as declared under section 3 after following procedure as prescribed under section 6(1) of the fragmentation act. the fragmentation act is itself not applicable and hence, the exercise of powers by the deputy collector are ab-initio void. the construction work of commercial nature is going on the .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)3GLR2270
..... was no infirmity in the orders passed by the competent authority as well as in the subsequent proceedings taken under the provisions of the act. it is further submitted that the learned single judge has carefully examined all the submissions advanced on behalf of the petitioner and has given a reasoned judgment, turning down the contentions raised ..... of respondent no. 4-husband of the petitioner. hence, the petitioner cannot make a grievance that the entire process was completed without hearing her. the learned single judge accordingly found no merit in the petition and rejected the same, which has given rise to the present appeal.8. heard mr. vibhuti nanavati, learned advocate for ..... be filed in case of a family by the husband or the wife. section 8 of the act provides that on the basis of the statement filed under section 6 and after such inquiry as the competent authority may deem fit to make, the competent authority shall prepare a draft statement in respect of the person who .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)3GLR1982
..... that, in the matter of noor aga v. state of punjab (supra), the confessional statement under section 108 of the customs act was recorded for the purpose of inquiry under section 108 of the customs act and was a statement after the arrest of the accused. while in the present case, the accused i.e. appellants were called ..... these persons were taken away by n.c.b., the relatives and the neighbours had gathered which also included shahpur ward municipal corporator raju momin, professor abdul rahim, judge mr. mohasin shaikh of labour court, social worker chandmiya and they had insisted on not taking these persons with them. he also denied the suggestion that as accused ..... the appeals are heard together and decided by this common judgment and order.3. in the said sessions cases, in all there were four accused. the learned trial judge by impugned judgment and order found accused no. 5-nazir ahmed @ nazir bazara guilty for the offence punishable under section 20(b)(ii)(a) for the small quantity .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)2GLR1078
..... payable during pendency of this revision application.in support of the above contentions, ms. brahmbhatt for the petitioner has placed strong reliance on the decisions of three different learned single judges of this court in (i) gaznafarali fatehali hakim v. ratilal maganlal panchal : (1998)2glr1110 , (ii) bhalchandra n. vakil v. chandulal mohanlal darji 1983 glh (uj) 5, and ..... suit i.e. 13-10-1987. hence, the case did not fall under section 12(3)(a) of the act. as rightly observed by the learned single judge in the case of lilavanti dhirajlal boradiya (supra), the rent act is a measure intended to protect the tenants and not a trap for the landlord to lay in order to ..... would contend that once the landlord had prayed for eviction under section 12(3)(a) of the act, and the court finds that the case did not fall under section 12(3)(a), the suit must be dismissed without making any further inquiry. however, it is not possible to accept this contention because a division bench of this court .....
Tag this Judgment!