Court : Gujarat
Decided on : Nov-08-2012
J.B. Pardiwala, J. This Appeal is at the instance of a convict accused for the offences punishable under Sections 302, 498A and 506(2) of the Indian Penal Act and for the offences punishable under Section 135(1) of the Bombay Police Act, and is directed against an order of conviction and sentence dated 21st April 2007 passed by the learned Additional Sessions Judge, Fast Track Court No.2, Ahmedabad (Rural), Ahmedabad in Sessions Case no.101 of 2004. By the aforesaid order, the learned Additional Sessions Judge found the appellant guilty of the offence punishable under Section 302 IPC and consequently, sentenced him to suffer life imprisonment and a fine of Rs.10,000=00. In default of payment of fine, the appellant was directed to undergo further simple imprisonment for two years. The learned Additional Sessions Judge also found the appellant guilty of the offence punishable under Section 498A IPC and consequently, sentenced him to suffer rigorous imprisonment for two years and a fine o...
Tag this Judgment!Court : Gujarat
Decided on : Nov-08-2012
J.B. Pardiwala, J. 1. This appeal is at the instance of two convicts for the offences punishable under Sections 302 and 201 of the Indian Penal Code, and is directed against the order of conviction and sentence dated 9th February, 2007 passed by the learned Additional Sessions Judge, 2nd Fast Track Court, Surat in Sessions Case No.222 of 2005. By the aforesaid order, the learned Additional Sessions Judge found the appellant guilty of the offence punishable under Section 302 of the Indian Penal Code, and consequently, sentenced him to suffer life imprisonment, and a fine of Rs.2000/. In default of payment of fine, the appellant was directed to undergo further simple imprisonment for two months. The learned Additional Sessions Judge found the appellant guilty of the offence punishable under Section 201 of the Indian Penal Code, and consequently, sentenced him to suffer rigorous imprisonment for two years, and a fine of Rs.1000/. In default of payment of fine, the appellant was directed t...
Tag this Judgment!Court : Gujarat
Decided on : Nov-27-2012
Oral Judgment: Jayant Patel, J. 1. The present appeal is directed against the judgement and order passed by the learned Single Judge of this Court in Civil Suit No.4 of 2012, whereby the learned Single Judge has allowed the application and has issued direction that the defendant appellant herein, his servants, agents, dealers and distributors are restrained by order of temporary injunction from manufacturing, marketing and using the registered design of Ductable air-conditioners of the plaintiffs, till the final decision of the suit or till such time as the registration thereof remains intact. 2. The short facts can be described in the same manner, as was considered by the learned Single Judge at paragraph 5 of the impugned order, as under:- 1. The plaintiffs, namely Mr.Paresh D.Patel (plaintiff No.1) and Vardayini Power Private Limited (plaintiff No.2) filed Regular Civil Suit No.96 of 2012 in the City Civil Court at Ahmedabad, praying for grant of a permanent injunction restraining t...
Tag this Judgment!Court : Gujarat
Decided on : Jul-06-2012
Oral Judgment: G.B. Shah, J. 1. By way of this petition, the petitioner has challenged the order dated 28.5.2009 passed by respondent No.3 by which the petitioner was terminated from the service. 2. The facts of the case in brief are that the petitioner was selected and recruited as Constable by the respondents after following all the due procedures including medical examination. Vide order dated 30.4.2008, the Chief Security Commissioner, Western Railway Head Quarter-respondent No.3, he was sent for initial training. It is the case of the petitioner that he was never asked whether any prosecution was launched against him. While undergoing training at the training institute, the petitioner was asked to fill in an attestation form dated 2.5.2008 in which in answer to the column Have you ever been prosecuted? and Is any case pending against you in any court of law at the time of filling up of this Attestation Form?, he answered both the questions in 'negative'. After submission of the At...
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